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HomeMy WebLinkAbout09-15-21 Agenda PacketCITY 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, SEPTEMBER 15, 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@sbcity.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. To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/091521agendabackup 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 September 15, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/10/2021 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Clerk (MCC) (B) 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 (HR) 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/10/2021 MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 1. Electoral Redistricting Advisory Committee (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 with the term ending when the City’s ward map, based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. 2. General Plan Advisory Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that ap pointee is a registered voter within the City. DISCUSSION 3. Emergency Rental Assistance Program 2 - State Match (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/10/2021 disbursements by the State; and 4. Direct the City Council ERAP Sub -Committee to investigate the possibility of utilizing other local service providers for the City’s direct federa l allocation of ERA 2 funds, for future City Council consideration. 4. 2021 Legislative and Regulatory Platform Update (All Wards) Recommendation Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform , and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sa les and use tax away from cities like the City of San Bernardino. CONSENT CALENDAR 5. Vendor Services Agreement Hometown Heroes Military Banner Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernard ino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banne r Program Policy. 6. Authorize a Professional Services Agreement with Data Ticket, Inc. for Administrative Citation and Administrative Civil Penalty Processing Services (All Wards) Recommendation Adopt Resolution No. 2021-227 of the Mayor and City Council of the City of San Bernardino, California, authorizing City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services. 7. Subordination of a Deed of Trust in Connection with 1575 Glenview St reet, San Bernardino, California (Ward 6) Recommendation Adopt Resolution No. 2021-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino to approve the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/10/2021 8. Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in canna bis business license taxes and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 m illion/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the Mayor to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. 9. Authorization of Software Service Agreement for Office 365 (All Wards) Recommendation Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. 10. Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-230 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services. 11. 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 August 2021. 12. Resolution to Approve a Contract Amendment with DTA Recommendation Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/10/2021 Financing District (EIFD) related professional services. 13. Reclassification of Budget Officer to Budget Division Manager (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernard ino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. 14. Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards) Recommendation Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services. 15. Amendment to Agreement with California Computer Options, Inc. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for information technology assistance in the City's migration to Office 365 and related server and other required upgrades. 16. Back-Up Generator Replacement (All Wards) Recommendation Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850. 17. Co-Operative Funding Agreement with San Bernardino County for Street Rehabilitation (Wards 1, 2, 4, 6 and 7) Recommendation Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to: 1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorize the Director of Finance to am end the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a project budget in an amount not to exceed $3,637,000 , in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/10/2021 18. Appropriation of Funds for Land Development - Willdan Plan Check and Inspection Services (All Wards) Recommendation Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on-call plan check and inspection services related to Land Development; and 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on -call plan check and inspection services related to Land Development. 19. Construction Agreement Award – Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1) Recommendation Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construction of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 20. Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption (All Wards) Recommendation Adopt Ordinance No. MC-1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal C ode Chapters 13.08, “Connection with Public Sewer” and 13.32, “Waste water 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. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/10/2021 21. Joint Exercise of Powers Agreement – Upper Santa Ana River Watershed Infrastructure Financing Authority (All Wards) Recommendation Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 22. Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless Population - Mayor Pro-Tem Ibarra (Ward 2) REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 6, 2021 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 September 15, 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, September 10, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/10/2021 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period 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 Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Closed Session City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session (A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Clerk (MCC) (B) 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 (HR) Packet Pg. 10 Page 1 Appointment City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member, Ward 4 Subject: Electoral Redistricting Advisory Committee (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 with the term endin g when the City’s ward map, based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. Background The Electoral Redistricting Advisory Committee was established by Resolution No. 2021-70 on April 7, 2021. Discussion The Electoral Redistricting Advisory Committee is an advisory body to the Mayor and City Council and will consist of seven members with one resident from each ward. The purpose of the committee is to allow for active participation, engage community members and provide recommendations to the Mayor and City Council regarding the establishment of ward boundaries based upon the 2020 U. S. Census data, taking into consideration the following factors: (a) Population; (b) Topography; (c) Geography; (d) Cohesiveness, contiguity, integrity, and compactness of territory, and (e) Communities of interests. While serving on the committee, a member may not be a candidate for office, nor can they endorse, work for, volunteer for, be an immediate family member of, or make a campaign contribution to, a candidate for any City elective office. Each member of the committee shall serve without compensation; participation in the Committee is temporary and will terminate when the Mayor and City Council adopt the City’s ward map based upon the 2020 U. S. Census data. 1 Packet Pg. 11 8557 Page 2 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 with the term ending when the City’s ward map, based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Gonzalo Carrillo ("Junior") Attachment 2 Resolution No. 2021-70 Ward: 4 Synopsis of Previous Council Action: April 7, 2021 Resolution No. 2021-70 establishing the Electoral Redistricting Advisory Committee was adopted. 1 Packet Pg. 12 1.a Packet Pg. 13 Attachment: Attachment 1 - Commission Application - Gonzalo Carrillo (Junior)(W4)_Redacted (8557 : Electoral Redistricting Advisory 1.a Packet Pg. 14 Attachment: Attachment 1 - Commission Application - Gonzalo Carrillo (Junior)(W4)_Redacted (8557 : Electoral Redistricting Advisory 1.a Packet Pg. 15 Attachment: Attachment 1 - Commission Application - Gonzalo Carrillo (Junior)(W4)_Redacted (8557 : Electoral Redistricting Advisory 1.b Packet Pg. 16 Attachment: Attachment 2 - Resolution No. 2021-70 (8557 : Electoral Redistricting Advisory Committee (Ward 4)) 1.b Packet Pg. 17 Attachment: Attachment 2 - Resolution No. 2021-70 (8557 : Electoral Redistricting Advisory Committee (Ward 4)) 1.b Packet Pg. 18 Attachment: Attachment 2 - Resolution No. 2021-70 (8557 : Electoral Redistricting Advisory Committee (Ward 4)) 1.b Packet Pg. 19 Attachment: Attachment 2 - Resolution No. 2021-70 (8557 : Electoral Redistricting Advisory Committee (Ward 4)) Page 1 Appointment City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Damon L Alexander, Council Member, Ward 7 Subject: General Plan Advisory Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution No. 2021-154. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of sixteen (16) members including eight (8) voting members and eight (8) alternate members with two (2) members appointed for each council ward and two (2) at large representatives recommended by the Mayor. In accordance with the City Charter and the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. 2 Packet Pg. 20 8548 Page 2 Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that the appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Joel S. Rothschild Attachment 2 Resolution No. 2021-154 Ward: 7 Synopsis of Previous Council Action: January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. June 16, 2021 Resolution No. 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members for the General Plan Advisory Committee and identifying voting and alternate appointees 2 Packet Pg. 21 2.a Packet Pg. 22 Attachment: ATTACHMENT 1 - Joel S. Rothshcild (GPA) Ward 7 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.a Packet Pg. 23 Attachment: ATTACHMENT 1 - Joel S. Rothshcild (GPA) Ward 7 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.a Packet Pg. 24 Attachment: ATTACHMENT 1 - Joel S. Rothshcild (GPA) Ward 7 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.b Packet Pg. 25 Attachment: ATTACHMENT 2 - Resolution No. 2021-154 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.b Packet Pg. 26 Attachment: ATTACHMENT 2 - Resolution No. 2021-154 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.b Packet Pg. 27 Attachment: ATTACHMENT 2 - Resolution No. 2021-154 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.b Packet Pg. 28 Attachment: ATTACHMENT 2 - Resolution No. 2021-154 (8548 : General Plan Advisory Committee Appointment (Ward 7)) 2.b Packet Pg. 29 Attachment: ATTACHMENT 2 - Resolution No. 2021-154 (8548 : General Plan Advisory Committee Appointment (Ward 7)) Page 1 Discussion City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Emergency Rental Assistance Program 2 - State Match Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent disbursements by the State; and 4. Direct the City Council ERAP Sub -Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration. Background ERA 1 On December 27, 2020, President Biden signed into law the Consolidated 3 Packet Pg. 30 8465 Page 2 Appropriations Act of 2021, Pub. L. No. 117-2. The legislation includes $25 billion in emergency rental assistance to assist households that are unable to pay r ent or utilities, due to impacts of the COVID-19 pandemic (“ERA 1”). Tribal communities, U.S. territories, states, and local governments with populations over 200,000 were eligible to receive funding directly from the United States Treasury (“U.S. Treasury ”). The State of California received an allocation for ERA 1 in the amount of roughly $2.65 billion from the Treasury, around $1.4 billion was allocated directly to the State, and the remaining balance was allocated for local jurisdictions with populations over 200,000. The City of San Bernardino received an allocation directly from the U.S. Treasury in the amount of roughly $6.4 million for ERA 1. In early 2021, Senate Bill 91 (“SB 91”) was enacted into state law establishing a statewide rental assistance program, including options for the qualifying local jurisdictions to receive rental assistance funds from the State (“State Block Grant”). On February 11, 2021, staff presented options for the State Block Grant for ERA 1 funds for the Mayor and City Council’s consideration. Subsequent to that discussion, the City Council elected Option ‘C’ for the State Block Grant for ERA 1, whereby the City would administer the direct federal allocation of ERA 1 funds, and the State would administer the State Block Grant for those ERA 1 funds. The State required an agreed upon bifurcation date, after which City would stop accepting new applications, and following the spend down of the full ERA 1 direct federal allocation the City received from the U.S. Treasury, the State would take over in the administration of the State Block Grant. In order to administer the City’s Emergency Rental Assistance Program for ERA 1, the City issued a Request for Proposals (RFP# F-21-21) to administer the Emergency Rental Assistance Program, which was posted on Planet Bids through the City’s procurement process by the Finance Department on March 9, 2021. In addition to the standard posting of the RFP on Planet Bids, copies of the RFP were e -mailed to other interested local nonprofit organizations. Two bidders submitted proposals, including Inland Southern California 211+, a subsidiary of Inland Southern California United Way (“United Way”). On April 21, 2021, the Mayor and City Council adopted Resolution No. 2021-92, authorizing the City Manager to execute a Professional Services Agreement (”Agreement”) with United Way. United Way’s Agreement authorized a not -too-exceed amount of $449,094.00 for administration of the direct federal allocation for ERA 1. After execution of that Agreement, United Way began providing rental assistance to eligible households under the ERA 1 program and launched the application web portal that can be found at <https://www.sbcityrent.com/>. As of September 7, 2021, United Way has paid approximately $1,726,938.11 to San Bernardino residents for rental and utility assistance, with approximately $9,447,860 in requested assistance that is currently pending review by United Way (i.e., “the pipeline”). On June 28, 2021, the Governor signed Assembly Bill 832 (“AB 832”) into law, extending tenant protections through September 30, 2021. This same legislation also increased the amount of allowable ERA 1 reimbursement amounts for unpaid rent and utility payments from 80% to 100%, making landlords and utility providers whole . In order to comply with AB 832 and meet local demand for rental assistance, a First 3 Packet Pg. 31 8465 Page 3 Amendment to the Professional Services Agreement with United Way was executed administratively by the City Manager to align the program parameters of ERA 1 with AB 832. No additional funds were authorized by the First Amendment with United Way. On July 13, 2021, the State sent a letter to the City providing the City may, pursuant to AB 832, change from Option ‘C,’ which the City had elected, and switch to either Option ‘A’ or Option ‘B’ for the State Block Grant. Option ‘A,’ as that term is defined by Health and Safety Code section 50897(h), would mean that the State would administer both the City’s direct federal allocation and the allocation from the State Block Grant for ERA 1 and ERA 2. Option ‘B,’ as that term is defined by Health and Safety Code section 50897(i), would mean that the City would administer both the City’s direct allocation and the allocation for the State Block Grant for ERA 1 and ERA 2. On July 27, 2021, following discussion with the City Council ERAP Sub -Committee and in light of the requirement that City must contractually obligate at least 65 percent of the State Block Grant for ERA 1 by August 1, 2021, the City elected to remain in Option ‘C.’ Soo n after, the State informed City staff that by remaining in Option ‘C’ the City would no longer be elgibile for the State Block Grant for ERA 1 funds. The stated reasoning for HCD’s decision to reallocate the funds inititally designated for the City, was t hat there was simply not enough time for the City to fully spend down the City’s direct federal allocation of ERA 1 funds in time for the State to then take over City’s program (i.e. Option C) and spend down the State Block Grant, with sufficient time for the State to successfully avoid risk of recapture by the U.S. Treasury. ERA 2 On March 11, 2021, the American Rescue Plan Act of 2021, Pub. L. No. 117 -2 (“ARPA”) was enacted, that created a second Emergency Rental Assistance program (“ERA 2”) meant to keep American residents within their homes. The U.S. Treasury allocated the City $8,273.045.10 in ERA 2 funds. 40% of those funds (i.e., $3,309,218) have been disbursed to the City as of September 7, 2021. In an email to City staff, the State represented that the City may receive an allocation of State Block Grant for ERA 2 in the amount of $6,018,454.42 if the City decides to switch from Option C to Option B. 3 Packet Pg. 32 8465 Page 4 Discussion The City is now faced with the choice of whether to remain in Option ‘C’ and risk losi ng the allocation from the State Block Grant for ERA 2. Pursuant to Health and Safety Code section 50897.3.1(b)(2)(E), if HCD determines that the City cannot fully expend the City’s State Block Grant allocation for ERA 1 and ERA 2, in time for the State to meet the timelines provided under Federal law, then “the grantee’s share of state funds shall be reallocated by HCD based on factors that include unmet need, rate of application submissions, rate of attrition, and rate of expenditures.” HCD is provided wide statutory discretion to determine whether reallocation is appropriate. The State will not administer the City’s Emergency Rental Assistance Program for ERA 2 State Block Grant funds on the City’s behalf, until the City closes the City’s application portal, which the City cannot do until it allocates both the direct federal allocations that the City has received for both ERA 1 and ERA 2. The challenges relayed by the State in switching between the City’s application portal and the State’s application por tals, are as follows: (1) pending applicants may be left in limbo, (2) applicants that have already applied to the City’s portal may later be precluded from re -applying for additional relief via the State’s portal given the State’s lack of prior history on the application, and (3) there would be challenges in cross-referencing previously approved applications between systems in order to avoid the duplications benefits, as is critical for compliance under both the CAA and ARPA. While there may be technical a nd administrative solutions available to resolve these challenges, the State has taken the position that such administrative challenges preclude switching between portals while the City has unspent direct federal allocation funds for either ERA 1 and ERA 2. As such, in order to ensure that local residents have access to the additional funds from the State Block Grant for ERA 2, the City may either elect to change to Option ‘A’ or Option ‘B’ as those have been described above. Option ‘B’ will allow the City to continue to administer the City’s direct allocation of funds for ERA 1 and ERA 2, though the deadlines to contractually obligate (i.e., approve, though not yet paid out) the funds for the ERA 2 State Block Grant are aggressive. More specifically, the City is required by statute (Health & Safety Code § 50897.2.1(c)) to: (1) contractually obligate at least 75 percent of its first tranche of state funds (i.e., roughly $2.48M) by October 31, 2021 and (2) contractually obligate 50 percent of its total share of State Block Grant funds for ERA 2 by January 31, 2022 (expected to be roughly $6.018M). However, the State may waive those deadlines established by statute, if the City “demonstrates, to the satisfaction of the department, that it will contractually obligate and expend any unused block grant funds allocated to it within the timeframes specified in federal law.” (Health and Safety Code § 50897.2.1 (d)(1)(B).) If the State does not waive the timeframes to contractually obligate the State Block Grant for ER A 2, then the State may recapture any unused State Block Grant ERA 2 funds. (Health and Safety Code § 50897.2.1 (d)(2).) 3 Packet Pg. 33 8465 Page 5 Additionally, in order to make the state statutory requirement to allocate at least 75 percent of its first tranche of the State Block Grant for ERA 2, the only practical way to achieve as much is for the Mayor and City Council (1) waive the competitive bid requirements for administration services of the ERA 2 State Block Grant pursuant to San Bernardino Municipal Code section 3.04.075 (“Emergency Purchases”), and (2) authorize the City Manager to execute a Second Amendment with United Way, in an amount not to exceed approximately $600,000, or not more than 10% of the ERA 2 State Block Grant allocation to the City, based on the size of th e State Block Grant, and for the administration of the ERA 2 State Block Grant only. Representatives of HCD have suggested, including a remote appearance during an August City Council ERAP Sub -Committee meeting, that municipalities that received both ERA 1 and ERA 2 funding have used their emergency powers to extend contracts with their existing ERA 1 administration consultants for ERA 2, to ensure a smooth transition in the pipeline of paid applications between ERA 1 and ERA 2 and because of the quick-moving federal and state deadlines to obligate and expend those emergency rental funds. HCD have also represented that they are not aware of a single qualifying municipality that has issued an RFP for purposes of administering the State Block Grant associated with ERA 2, because of the timing associated with the disbursement of those funds. With Council’s approval, the recommended action would allow United Way to convert its pipeline of pending applications, and continue to receive new applications for rent al, utility and perspective rent assistance from San Bernardino residents. United Way has represented that doing so will allow the organization to make every effort to obligate at least 75 percent of its first tranche of state funds associated with ERA 2 by October 31, 2021. As previously mentioned, if the City makes every effort to obligate 75 percent, the State has the ability to provide flexibility to meeting the number. Staff’s recommendation is that the City Council switch to Option ‘B’ to capture the State Block Grant and meet the community’s need, and authorize United Way to continue administering the City’s ERA 2 State Block Grant to ensure uninterrupted relief. The City Council may consider as part of that recommendation, direction for the City Council ERAP Sub-Committee to investigate the possibility of utilizing additional service providers to administer, in whole or in part, the direct federal allocation of ERA 2, which is not subject to the same deadlines to contractually obligate funds as th e ERA 2 State Block Grant. Alternatively, the City could elect to switch to Option ‘A,’ whereby the State would administer both the City’s direct allocation for ERA 2 (which would need to be transferred from the City to the State), and the State Block Gran t for ERA 2. Similar to Option ‘B,’ the timelines are aggressive, but since the State would be administering the City’s Emergency Rental Relief Program on San Bernardino’s behalf, the State would be required to meet those timelines and may elect to waive them. However, similar to 3 Packet Pg. 34 8465 Page 6 the practical challenges of Option ‘C,’ if the City elects to change to Option ‘A,’ then the State may determine that the City will not be able to fully expend the City’s direct allocation for ERA 1 in time for the State to meet the deadlines to contractually obligate funds for the ERA 2 State Block Grant, in which the case the City may risk losing the ERA 2 State Block Grant allocation of approximately $6,018,454.42, either entirely or in part, given that AB 832 provides the State with wide latitude in reallocating State Block Grant funds, in large part to avoid ERA 2 State funds from being recouped by the U.S. Treasury. Alternatively, the City could elect to remain in Option ‘C’, whereby the City would continue to administer the City’s direction allocations for ERA 1 and ERA 2, though the City would likely lose the opportunity to receive a State Block Grant for ERA 2, which would total more than $6 million dollars, and may be as high as two or three times that amount. 2020-2025 Key Strategic Targets and Goals Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development aligns with Key Target No. 3: Improved Quality of Life. Specifically, the distribution of Emergency Rental Assistance funding will ensure that residents continue to be housed. Fiscal Impact By participating in the State Rental Assistance Program, the City will receive an estimated State Block Grant of $6,018,454.42 for ERA 2. These funds will be in addition to the City’s direct federal allocation, all of which will provide rental and utility relief assistance to eligible local residents. The State has indicated that if the City elects Option ‘B’, then the City is eligible to receive two to three times that amount over the course of ERA 2. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being 3 Packet Pg. 35 8465 Page 7 prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of add itional administration costs based on subsequent disbursements by the State; and 4. Direct the City Council ERAP Sub -Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration. Attachments Attachment 1 Resolution 2021-224; Authorizing Participation in the State Rental Assistance Program (Option ‘B’) and associated actions. Ward: All Synopsis of Previous Council Actions: February 11, 2021 Mayor and City Council selected Option ‘C’ of the Emergency Rental Assistance Program and approved the establishment of a Council Committee to oversee the program. April 21, 2021 Mayor and City Council authorized the City Manager to execute the Agreement with the Inland SoCal United Way in response to its issued RFP, to assist in the administration of the City’s Emergency Rental Assistance Program, and directed the City Manager to execute an MOU with the State related to Option ‘C’. 3 Packet Pg. 36 Resolution No. 2021-224 RESOLUTION NO. 2021-224 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING PARTICIPATION IN THE STATE RENTAL ASSISTANCE PROGRAM (OPTION ‘B’) WHEREAS, On March 11, 2021, the American Rescue Plan Act of 2021, Pub. L. No. 117- 2 (March 11, 2021) (the “Act”) was signed into law. Section 3201 of Subtitle B of Title III of the Act established the federal Emergency Rental Assistance Program (“ERAP 2”), and authorized the direct allocation of emergency rental assistance funds to states, units of local government, tribal communities, and territories. The ERAP funds are intended to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic; and WHEREAS, California Senate Bill No. 91 (2021-2022 Reg. Sess.) (“SB 91”) and Assembly Bill No. 832 (2021-22 Reg. Sess.) (“AB 832”) established the State of California’s program for administering its share of ERAP funds (the “State Rental Assistance Program,” “SRAP,” or “State Rental Assistance Funds”). SB 91 added Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1), as amended by AB 832, authorizes the Department of Housing and Community Development (the “Department”) to administer the State Rental Assistance Funds in accordance with state and federal law; and WHEREAS, On July 13, 2021, the City of San Bernardino (“Locality”) received an initial allocation of ERAP 2 funds from the U.S. Department of the Treasury (“Treasury”) in the amount of $3,309,218, which amounts to forty (40) percent of the full allocation for a total amount of $8,273,045.10 (such amount, the Locality’s “Direct Federal Allocation”); and WHEREAS, Locality plans to administer its Direct Federal Allocation, and acknowledges that the Direct Federal Allocation is subject to the requirements of the Act and Treasury interpretive guidance, and to all such requirements as may be subsequently amended; and WHEREAS, Locality desires to receive an allocation of State Rental Assistance Funds pursuant to Health and Safety Code section 50897.2.1, subdivision (2) (such allocation, a “Block Grant Award”). Locality submitted its request for a Block Grant Award to the Department, on an Expression of Intent Form, on August 25, 2021; and WHEREAS, Locality acknowledges that every Block Grant Award is subject to the requirements of SB 91, AB 832 and Department guidelines, to the relevant requirements of the Act and Treasury interpretive guidance, and to all such requirements as may be subsequently amended (collectively, the “Block Grant Award Requirements”); and WHEREAS, Locality further acknowledges that every Block Grant Award is subject to the terms and conditions of a Department-approved STD 213, Standard Agreement (“Standard Agreement”), all other documents required or deemed necessary or appropriate to allocate the Block Grant Award, and all amendments thereto (collectively, the “Block Grant Award Documents”). 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. 3.a Packet Pg. 37 Attachment: Attachment 1 - Resolution No. 2021-224 ERA 2. (8465 : Emergency Rental Assistance Program 2 - State Match) Resolution No. 2021-224 SECTION 2. Locality is hereby authorized and directed to accept a Block Grant Award in a total amount not to exceed $18,055,363. SECTION 3. Locality is hereby authorized and directed to enter into, execute, and deliver the Block Grant Award Documents, which shall include a Standard Agreement in a total amount not to exceed $18,055,363. SECTION 4. Locality is hereby authorized and directed to assume responsibility for administering the Block Grant Award in accordance with all Block Grant Award Requirements. SECTION 5. City Manager, or designee, is authorized to execute the Block Grant Award Documents on behalf of the Locality for participation in the State Rental Assistance Program. SECTION 6. Locality hereby waives the competitive bid requirements for administration services of the State Block Grant pursuant to San Bernardino Municipal Code section 3.04.075 , and authorizes the City Manager, or his designee, to execute a Second Amendment with United Way in an not to exceed amount of approximately $600,000, or not more than 10% of the Block Grant Award, based on the initial disbursement of $6,018,454.42 by the Department, for the administration of the Block Grant Award on behalf of the Locality. Should the Department issue additional funds to the City (“Subsequent Disbursement”), following the initial disbursement of the Block Grant Award, the City Manager, or designee, may execute a subsequent Amendment with United Way proportionate to that additional funding in an amount not more than 10% of the Subsequent Disbursement. Under these circumstances, amending United Way’s existing contract to administer the Block Grant Award will be at the lowest obtainable price for such administrative costs, as United Way is currently under contract with the Locality in issuing direct disbursements to qualifying households under the Consolidated Appropriations Act of 2021, Pub. L. No. 117-2, and has an existing pipeline of applications that can be used to fulfill Locality’s Block Grant Award. SECTION 7. City Manager, or designee, is directed to work with Councilmembers on the City Council Emergency Rental Assistance Program Sub-Committee to investigate developing contracts with other local services providers to administer, in whole or in part, the City’s direct allocation of ERA 2 funds from the U.S. Treasury. SECTION 8. The City Council finds that the activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 10. Effective Date. This Resolution shall become effective immediately. 3.a Packet Pg. 38 Attachment: Attachment 1 - Resolution No. 2021-224 ERA 2. (8465 : Emergency Rental Assistance Program 2 - State Match) Resolution No. 2021-224 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of September, 2021. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: _________________________________ Sonia Carvalho, City Attorney 3.a Packet Pg. 39 Attachment: Attachment 1 - Resolution No. 2021-224 ERA 2. (8465 : Emergency Rental Assistance Program 2 - State Match) Resolution No. 2021-224 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. 2021-224, adopted at a regular meeting held on the 15th day of September 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 3.a Packet Pg. 40 Attachment: Attachment 1 - Resolution No. 2021-224 ERA 2. (8465 : Emergency Rental Assistance Program 2 - State Match) Page 1 Discussion City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: 2021 Legislative and Regulatory Platform Update (All Wards) Recommendation Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform , and authorizing the City's voting delegate to vote in opposition of the resol ution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. Background The City’s legislative platform agenda is used to guide city officials and staff in responding to legislative proposals at the state and federal levels throughout the year. Maintaining a legislative platform allows for timely response to legislative issues important to the City, including communication from the City Manager to the Legislature and/or Congress consistent with the established platform. Additionally, the platform summarizes the Mayor and City Council’s positions on priority issues. Later this month during its annual conference, the League of California Cities (League) will be considering a resolution in support of diverting online retail tax revenue away from cities like the City of San Bernardino. Discussion The City’s legislative platform is designed to be a living document that evolves and enables the City to quickly respond to issues impacting the City. In keeping with the City’s adopted legislative program policy, the legislative and regulatory platform is updated annually in conjunction with the opening of a new legislative session at the beginning of the calendar year. The City’s 2021 Legislative and Regulatory Platform was approved by the Mayor and City Council on November 18, 2020. During its annual conference in late September, the League will be considering and taking action on a resolution from a group of cities in support of changing the online retail tax revenue distribution. In order for cities to vote at the League’s Annual Business Meeting, a city council must designate a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. The Mayor and City Council designated Council Member Kimberly Calvin as the voting delegate and Council 4 Packet Pg. 41 8544 Page 2 Members Ben Reynoso and Damon Alexander as alternate voting delegates to represent the City’s interest at the League’s 2021 Annual Business Meeting. Amazon, the world’s largest online retailer, changed the legal ownership of its fulfillment centers. Instead of having its fulfillment centers owned and operated by a third-party vendor, they are now directly owned by the company.  This change impacts how local sales tax is allocated.  Previously much of the sales tax would have been allocated to the countywide pool. Now, much of the tax is allocated to the jurisdiction in which the fulfillment center is located.  If the resolution is approved, the League would call on the California Legislature to modify the distribution of the Bradley -Burns 1% local sales tax distribution for in-state online purchases. As the law presently stands, cities collect 1% sales and use tax from online purchases, depending on where the item ships from. The proposed change would shift the tax distribution to be based on where the products are being delivered. This would mean that cities with fulfillment and distribution centers, like the City of San Bernardino would lose out on tax revenue. It’s important to note that the sales tax allocation methodology concept suggested in the cities’ proposed resolution to the League’s membership would require an amendment to the State Constitution. Ironically, in 2010, the League sponsored and funded Proposition 22, the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, which amended the State Constitution to make the requested legislative action much more difficult. In fact, the resolution is directly contradictory to the action that is currently being contemplated, in that it invites the Legislature to once again meddle with allocations of local tax revenues. Proposition 22, which passed 60.6% to 39.4%, explicitly prohibits the State Legislature from intervening in local revenue issues or raiding local revenues for State purposes, and the resolution would, if passed, require the League to pursue overturning at least a portion of its own ballot initiative. Given the League will be considering the resolution in support of seeking a legislative constitutional amendment to reallocate local sales and use tax, staff recommends the Mayor and City Council update the 2021 legislative agenda to include the following: ➢ Sales and use tax plays a major role in California’s tax system as a whole, for the state’s cities and counties, and for the City of San Bernardino, representing more than a quarter of the City’s general fund budget. This critical revenue source helps to fund a variety of city-provided services to our constituents, including public safety, streets and roads, libraries, and parks. Further, the City is committed to developing a sustainable financial strategy that creates stability and allows the City to reinvest in operations and infrastructure. In order to ensure budget stability and predictability, and that the City has the necessary resources to mitigate environmental and infras tructure impacts of business activity, the City will oppose legislative efforts to redirect sales and use tax revenues away from communities that host certain types of businesses, including fulfillment and distribution centers. Also, the City will oppose l egislation that creates unfunded mandates and legislation that eliminates or diverts local 4 Packet Pg. 42 8544 Page 3 revenues. The City supports existing constitutional protections ensuring that local sales and use tax revenues remain local, and that bar the Legislature from reallocating such revenues. The proposed resolution as written would ask the Legislature to devise a ‘fair and equitable reallocation plan’ for tax distribution. In concept this may sound like an appropriate position for the City to support, however the resolu tion as proposed would support shifting tax revenue away from cities like San Bernardino. It is important the City strongly oppose the resolution at the League’s Annual Business Meeting. Factors to consider when evaluating the proposed resolution, in part, are listed below. ➢ The League has been discussing concerns about expanded internet purchases and sales tax allocation for nearly a decade and has adopted policies that address this issue and states: “Specific proposals in this area should be carefully reviewed so that the impacts of any changes are fully understood.” ➢ The League’s City Manager’s Department had a working group on sales tax allocation that last met in 2018. The group made numerous recommendations, but ultimately decided that a more complete analysis was needed to sufficiently determine the impacts. ➢ An action plan by the League has not been established to allow for an informed decision. ➢ Sales tax allocation needs to be reviewed comprehensively to fully understand the potential impacts of proposed changes. ➢ The resolution punts the local sales tax allocation to the Legislature. ➢ Many communities that serve as regional distribution hubs for Amazon are in inland areas, close to freeway networks, and lack economic advantages and opportunities that other cities have to generate revenue in support of critical city services. ➢ Cities with fulfillment and distribution centers suffer the impacts to its infrastructure and the environmental burdens. ➢ Other cities proximity to beaches, mountains, lakes, or parks generate tourism tax revenue and transient occupancy tax. ➢ Other cities have major brick-and-mortar retail that generate sales tax revenue. Accordingly, staff also recommended the Mayor and Council authorize the voting delegate to vote in opposition of the resolution under consideration by the League of California Cities brought forward by a group of cities in support of a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. 4 Packet Pg. 43 8544 Page 4 2020-2025 Key Strategic Targets and Goals The recommended update to the 2021 Legislative and Regulatory Platform and authorization to vote in opposition of the resolution in support of a constitutional amendment to reallocate local sales and use tax aligns Key Target No. 1: Financial Stability. Fiscal Impact There is no fiscal impact associated with updating the 2021 Legislative and Regulatory Platform and authorizing a vote in opposition of a resolution under consideration by the League of California Cities. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-223 approving an update to the 2021 Legislative and Regulatory Platform, and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. Attachments Attachment 1 Resolution No. 2021-223 Ward: All Synopsis of Previous Council Actions: April 18, 2018 Mayor and City Council adopted Resolution No. 2018-117 establishing the legislative program policy and procedures and the 2018 Legislative and Regulatory Platform for the City of San Bernardino. November 18, 2020 Mayor and City Council adopted the 2021 Legislative and Regulatory Platform. 4 Packet Pg. 44 Resolution No. 2021-223 Resolution 2021-223 September 15, 2021 Page 1 of 4 RESOLUTION NO. 2021-223 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN UDPATE TO THE 2021 LEGISLATIVE AND REGULATORY PLATFORM AND AUTHORIZING THE CITY’S VOTING DELEGATE TO VOTE IN OPPOSITION OF THE RESOLUTION UNDER CONSIDERATION BY THE LEAGUE OF CALIFORNIA CITIES THAT WOULD SUPPORT A CONSTITUTIONAL AMENDMENT TO REALLOCATE LOCAL SALES AND USE TAX AWAY FROM CITIES LIKE THE CITY OF SAN BERNARDINO WHEREAS, it is in the City’s best interest to update the 2021 Legislative and Regulatory Platform; and WHEREAS, the League of California Cities (League) will be considering a resolution during the 2021 Annual Business Meeting in support of seeking a legislative constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino; and WHEREAS, Amazon one of the world’s largest online retailers changed the legal ownership of its fulfillment centers. Instead of having its fulfillment centers owned and operated by a third-party vendor, they are now directly owned by the company; and WHEREAS, Cities collect 1% sales and use tax from online purchases, depending on where the item ships from. The proposed resolution would support shifting the tax distribution to be based on where the products are being delivered, impacting how local sales tax is allocated; and WHEREAS, if the resolution brought forward by a group of cities at the 2021 Annual Business Meeting is approved, the League would call on the California Legislature to modify the distribution of the Bradley-Burns 1% local sales tax distribution for in-state online purchases: and WHEREAS, to represent the City’s interest at the League’s 2021 Annual Business Meeting the Mayor and City Council designated Council Member Kimberly Calvin as the voting delegate and Council Members Ben Reynoso and Damon Alexander as alternate voting delegates: and WHEREAS, to protect the City’s interest and long-term financial sustainability it is critically important to determine the City’s official position on the resolution being considered at the League’s 2021 Annual Business Meeting. 4.a Packet Pg. 45 Attachment: Resolution 2021-223 Legislative and Regulatory Platform Agenda Update (8544 : 2021 Legislative and Regulatory Platform Update Resolution No. 2021-223 Resolution 2021-223 September 15, 2021 Page 2 of 4 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’s 2021 Legislative and Regulatory Platform is updated to include the following addition: ➢ Sales and use tax plays a major role in California’s tax system as a whole, for the state’s cities and counties, and for the City of San Bernardino, representing more than a quarter of the City’s general fund budget. This critical revenue source helps to fund a variety of city-provided services to our constituents, including public safety, streets and roads, libraries, and parks. Further, the City is committed to developing a sustainable financial strategy that creates stability and allows the City to reinvest in operations and infrastructure. In order to ensure budget stability and predictability, and that the City has the necessary resources to mitigate environmental and infrastructure impacts of business activity, the City will oppose legislative efforts to redirect sales and use tax revenues away from communities that host certain types of businesses, including fulfillment and distribution centers. Also, the City will oppose legislation that creates unfunded mandates and legislation that eliminates or diverts local revenues. The City supports existing constitutional protections ensuring that local sales and use tax revenues remain local, and that bar the Legislature from reallocating such revenues. SECTION 2. The City’s official position at the 2021 League’s Annual Business Meeting is to strongly oppose the resolution in support of changing the online retail tax revenue allocation. SECTION 3. The City’s voting delegate is authorized to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate the local sales and use tax away from cities like the City of San Bernardino. SECTION 4. 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 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. 4.a Packet Pg. 46 Attachment: Resolution 2021-223 Legislative and Regulatory Platform Agenda Update (8544 : 2021 Legislative and Regulatory Platform Update Resolution No. 2021-223 Resolution 2021-223 September 15, 2021 Page 3 of 4 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 4.a Packet Pg. 47 Attachment: Resolution 2021-223 Legislative and Regulatory Platform Agenda Update (8544 : 2021 Legislative and Regulatory Platform Update Resolution No. 2021-223 Resolution 2021-223 September 15, 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 4.a Packet Pg. 48 Attachment: Resolution 2021-223 Legislative and Regulatory Platform Agenda Update (8544 : 2021 Legislative and Regulatory Platform Update Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Vendor Services Agreement Hometown Heroes Military Banner Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banner Program Policy. Background On March 17, 2021, the Mayor and City Council elected to dissolve the Standing City Council Sub-committees including the Legislative Review Committee, Community Development Block Grant, and the Hometown Heroes Military Banner Committee. The Mayor and City Council also asked staff to prepare a plan to transition the Hometown Heroes Military Banner program into a self-sustaining program managed by City staff. On May 19, 2021, staff presented their recommendation for the program to be run administratively and included a policy for adoption. The policy made changes to the programs banner display area, annual installation period, eligibility criteria, costs, and operations. After the Mayor and City Council adopted the policy, staff proceeded with the appropriate steps to identify a vendor with the capability of fulfilling the scope of work required of the program. Discussion In keeping with the City’s standard purchasing procedure, on May 27, 2021, staff issued a Request for Proposals (RFPs) seeking qualified consultants who specialize in commercial design, fabrication, and installation of decorative banners. On June 23, 2021, the RFP closed with three (3) vendors submitting responsive proposals. Following a detailed analysis of each proposal, including an evaluation of firm qualifications, staffing, understanding of the City, scope of work, cost, references, and best fit, 5 Packet Pg. 49 8466 Page 2 Creative Commercial Services was selected as the top firm. Creative Commercial Services is a local San Bernardino firm that has over 20 years of experience printing and installing city and shopping center light pole banners in the region. One of the firm’s current accounts includes the City of Laguna Beach, CA where they've actively serviced more than 300 light pole banners for over four (4) years. Some of the services Creative Commercial will be providing the City include design, fabrication, installation, removal, service calls, repairs, and banner storage. The firm w ill also aid the City in completing the Military Banner Program relocation project prior to the 2021 Veterans Day holiday. It is also recommended that the Mayor and City Council adopt a resolution amending the Hometown Heroes Military Banner Policy. The n ew annual installation period for banners would proceed Veterans Day holiday each year. 2020-2025 Key Strategic Targets and Goals The creation of the Hometown Heroes Military Banner Program aligns with Key Target No. 2. Focused, Aligned Leadership and Unified Community. Fiscal Impact No additional fiscal impact. Currently there is a sufficient funding in the program account (001-020-0023*5118) to support banner relocation. Program fees will support on -going operational costs associated with the program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Ven dor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banner Program Policy. Attachments Attachment 1 Resolution No. 2021-225 Attachment 2 Resolution No. 2021-226; Exhibit A - Vendor Services Agreement - Creative Commercial Services Attachment 3 RFP F-21-37 Attachment 4 Resolution No. 2021-225 Attachment 5 Resolution No. 2021-226; Exhibit A - Hometown Hero Military Banner Policy Attachment 6 Banner Samples 5 Packet Pg. 50 8466 Page 3 Ward: All Synopsis of Previous Council Action: March 17, 2021 Mayor and City Council gave direction to dissolve the Standing City Council Sub-committees including the Legislative Review Committee, Community Development Block Grant, and the Hometown Heroes Military Banner Committee and asked staff to prepare a plan to transition the Hometown Heroes Military Banner program into a self-sustaining program managed by City staff. May 19, 2021 Mayor and City Council adopted Resolution No. 2021-114 establishing the Hometown Heroes Military Banner Program Policy; and Adopt Resolution No. 2021-115 dissolving all Standing City Council Sub-committees. 5 Packet Pg. 51 Resolution No. 2021-225 Resolution 2021-225 September 15, 2021 Page 1 of 3 RESOLUTION NO. 2021-225 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH CREATIVE COMMERCIAL SERVICES WHEREAS, on May 27, 2021, City of San Bernardino (“City”) staff issued a Request for Quotation for a wide range of professional services related to the City’s “Hometown Heroes Military Banner Program” (the “Program”); and WHEREAS, on June 23, 2021, proposals were received from three firms in response to the City’s RFQ; and, WHEREAS, following a detailed analysis of each proposal, the lowest bidding and most qualified firm was selected; and WHEREAS, it was determined that the firm Creative Commercial Services demonstrated the best capability to provide commercial design, fabrication, and installation of decorative banners to meet the needs of the Program. 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 authorize the City Manager to execute a Vendor Services Agreement between Creative Commercial Services and the City of San Bernardino, for the commercial design, fabrication, and installation of decorative banners. A copy of the Vendor Services Agreement is attached hereto marked Exhibit “A” and incorporated herein by reference as fully as though set forth at length. SECTION 3. The Mayor and City Council hereby find that 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. 5.a Packet Pg. 52 Attachment: Attachment 1 - Resolution - 225 - Vendor Services Agreement - Hometown Heroes Military Banner Program (8466 : Vendor Resolution No. 2021-225 Resolution 2021-225 September 15, 2021 Page 2 of 3 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 5.a Packet Pg. 53 Attachment: Attachment 1 - Resolution - 225 - Vendor Services Agreement - Hometown Heroes Military Banner Program (8466 : Vendor Resolution No. 2021-225 Resolution 2021-225 September 15, 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 5.a Packet Pg. 54 Attachment: Attachment 1 - Resolution - 225 - Vendor Services Agreement - Hometown Heroes Military Banner Program (8466 : Vendor 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CREATIVE COMMERCIAL SERVICES This Vendor Services Agreement (“Agreement”) is made and entered into as of September 15, 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 Creative Commercial Services, an S-corporation with its principal place of business at 700 North Mt. Vernon Ave, San Bernardino, CA 92411 (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 vendor services for the following project: City of San Bernardino Military Banner Program (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” 5.b Packet Pg. 55 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 2 b. Consultant shall receive advanced written approval for the performance of any and all services under this Agreement. Consultant may submit invoices to City for approval. Said invoice shall be base d on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue for a period of three years through November 12, 2024 unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this 5.b Packet Pg. 56 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 3 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 fol lowing: (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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 5.b Packet Pg. 57 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 4 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 s o assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 5.b Packet Pg. 58 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 5 (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). 5.b Packet Pg. 59 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 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 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensat ion insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insur ance 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. Intentionally Omitted 5.b Packet Pg. 60 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 7 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 (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 Ci ty 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 Certific ate 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 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 5.b Packet Pg. 61 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 8 such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) i f 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 Cons ultant’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 5.b Packet Pg. 62 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 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 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 volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . 5.b Packet Pg. 63 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 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. Consulta nt 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 the 5.b Packet Pg. 64 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 11 County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s 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 i ts obligations hereunder except as expressly provided herein. 5.b Packet Pg. 65 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 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 furnished to and become the property of the City. 27. Organization. Consultant shall assign James Durant 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: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Creative Commercial Services, 700 North Mt. Vernon Ave, San Bernardino, CA 92411 Attn: James Durant 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements 5.b Packet Pg. 66 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 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 rem aining 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, bro kerage 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 5.b Packet Pg. 67 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 14 or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic 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 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non -performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 5.b Packet Pg. 68 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CREATIVE COMMERCIAL SERVICES 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: Sonia Carvalho, Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title ATTESTED BY: Signature Name Title 5.b Packet Pg. 69 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 16 EXHIBIT A City of San Bernardino Hometown Heroes Military Banner Program General Scope of Work The City of San Bernardino seeks a firm to engage in a wide range of professional services related to the Hometown Heroes Military Banner Program operated by the City. The Office of the City Manager working at the direction of the Mayor and City Council coordinate the operation of the City’s Hometown Heroes Military Banner Program. Working closely with City Council Staff and other City departments, the programmatic mission is to honor military personnel that currently serve or have served who reside in the City of San Bernardino. Hometown Heroes Military Banners are displayed on city poles along the high traffic corridors within the city’s downtown revitalization zone. Most of the work involved with this contract will be performed in the City of San Bernardino. The Consultant shall, in coordination with City staff, perform the following services under this Agreement: • Banner Design; • Banner Fabrication; • Banner Delivery; • Banner Installation; • Banner Removal; • Banner Hardware Requests; • Banner Repairs; and • Service Calls. The Consultant shall perform all services under this Agreement in accordance with the following Schedule of Charges: Schedule of Charges Description Fee Cost For New Single 30" x 96" Banner Design and Fabrication per specs $42.50 Cost For New Single 30" x 94" Banner Design and Fabrication per specs $40.50 Installation Cost of Single 30" x 96" Banner on Existing Hardware $28.50 Installation Cost of Single 30" x 84" Banner on Existing Hardware $28.50 Removal Cost of Single 30" x 96" Banner with Hardware $14.50 Removal Cost of Single 30" x 84" Banner with Hardware $14.50 Cost for New 30" Single Bracket (Per Pair) $75.00 Installation Cost of Single Banners and Single Bracket $38.50 Service Call to Repair Damaged Banner/Bracket $0.00 Repair Cost of Banner $0.00 Storage $0.00 5.b Packet Pg. 70 Attachment: Attachment 2 - Resolution 2021-225 Exhibit A - Agreement with Creative Commerical Services for Commercial Banner Services 1 REQUEST FOR QUOTATION FOR RFQ F-21-37 Military Banners CITY OF SAN BERNARDINO 5.c Packet Pg. 71 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 2 SECTION I. INSTRUCTIONS TO BIDDERS 5.c Packet Pg. 72 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 3 I. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. B. Addenda The City reserves the right to amend this RFQ prior to the bids due date. All amendments and additional information will be posted to Planetbids found under the San Bernardino Purchasing page, www.sbcity.org request for bids; bidders should check this web page daily for new information. C. Submitting Requests All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m (P.S.T) on June 3, 2021. D. City Responses Responses from the City will be posted to the Planetbids website, by June 9, 2021. E. Submission of Bids Bids must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T) on June 23, 2021. Please allow time for system to process your bid. Bids will not be accepted after this deadline. Faxed or e-mailed Bids will not be accepted. 5.c Packet Pg. 73 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 4 F. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone bid opening for its own convenience. G. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. Preparing its bid in response to this RFQ; 2. Submitting that bid to City; 3. Negotiating with City any matter related to this bid; or 4. Any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. H. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. 5.c Packet Pg. 74 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 5 I. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. J. Business License The City’s Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. K. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. 5.c Packet Pg. 75 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 6 SECTION II. TECHNICAL SPECIFICATIONS 5.c Packet Pg. 76 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 7 City of San Bernardino City of San Bernardino Military Banner Program The City of San Bernardino seeks a firm to engage in a wide range of professional services related to the Hometown Heroes Military Banner Program operated by the City. The Office of the City Manager working at the direction of the Mayor and City Council coordinate the operation of the City’s Hometown Heroes Military Banner Program. Working closely with City Council Staff and other City departments, the programmatic mission is to honor military personnel that currently serve or have served who reside in the City of San Bernardino. Hometown Heroes Military Banners are displayed on city poles along the high traffic corridors within the city’s downtown revitalization zone. Most of the work involved with this contract will be performed in the City of San Bernardino. • Banner Design • Banner Fabrication • Banner Delivery • Banner Installation • Banner Removal • Banner Hardware Requests • Banner Repairs • Service Calls • Coordination with city staff 5.c Packet Pg. 77 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 8 SECTION III. BID CONTENT AND FORMS 5.c Packet Pg. 78 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 9 A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating “technical” exceptions on the Technical Specifications form, and “contractual” exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. 5.c Packet Pg. 79 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 10 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. 5.c Packet Pg. 80 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 11 B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder’s identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be “Net 30 Days”. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 5.c Packet Pg. 81 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 12 PRICE FORM REQUEST FOR QUOTES: RFQ F-21-37 DESCRIPTION OF RFQ: Military Banners COMPANY NAME ____________________________________________ ADDRESS: PRINT NAME OF AUTHORIZED REPRESENTATIVE PRICE FORM Descriptions: Fee Cost for New Single 30”x96” Banner Design and Fabrication per specs $ Cost for New Single 30”x84” Banner Design and Fabrication per specs $ Installation Cost of Single 30”x96” Banner on Existing Hardware $ Installation Cost of Single 30”x84” Banner on Existing Hardware $ Removal Cost of Single 30”x96” Banner with Hardware $ Removal Cost of Single 30”x84” Banner with Hardware $ Cost for New 30” Single Bracket $ Installation Cost of Single Banner and Single Bracket $ Service Call to Repair Damaged Banner/Bracket $ Repair Cost of Banner $ Total $ 5.c Packet Pg. 82 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 13 Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: ________________________________ IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 5.c Packet Pg. 83 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 14 SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor’s total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY ______________________ ________________________ Print Name Signature of Bidder Company Name: __________________________________________ Address: __________________________________________ REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 5.c Packet Pg. 84 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 15 NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-21-37. Business Name____________________________________ Business Address__________________________________ Signature of bidder X_______________________________ ______________________________ Place of Residence Subscribed and sworn before me this __________ day of ____________, 20___. Notary Public in and for the County of ___________________, State of California. My commission expires: ____________________________, 20____. 5.c Packet Pg. 85 Attachment: Attachment 3 - RFP-21-37 Military Banners (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All Resolution No. 2021-226 Resolution 2021-226 September 15, 2021 Page 1 of 3 RESOLUTION NO. 2021-226 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 5 OF THE HOMETOWN HEROES MILITARY BANNER PROGRAM POLICY TO CHANGE THE BANNER INSTALLATION DUE DATE WHEREAS, at the March 17, 2021, Mayor and City Council meeting, the Mayor and City Council directed staff to prepare a plan to transition the Hometown Heroes Military Banner Program (the “Program”) into a self-sustaining program managed by City of San Bernardino (“City”) staff to ensure that the program is able to continue to honor military personnel who have served our country; and WHEREAS, at the May 19, 2021, Mayor and City Council meeting, City staff presented an administrative policy that included adjustments to the hometown hero banner display area, Program criteria, Program costs, and Program operations; and WHEREAS, there is a need to amend Section 5 of the Hometown Heroes Military Banner Policy to change the banner installation due date from Memorial Day to Veterans Day, to allow for additional staff time to implement program policies. 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 Section 5 of the Hometown Heroes Military Banner Policy to read in its entirety as follows: “Applications are accepted year-round. Installations occur once a year after the annual banner presentation ceremony prior to Veterans Day. Banners may be removed at the discretion of the City. Applicants are responsible for the cost of repairs or replacements. If a banner is stolen, damaged, or destroyed due to age, vandalism, or any acts of nature including high winds City staff will contact the family to provide reinstallation options. Banners will be hung for a maximum of two years from the date of installation. Once they are taken down, banners are returned to the applicant. Gold Star banner will be displayed in indefinitely. The City reserves the right to remove banners at its discretion.” SECTION 3. The Mayor and City Council hereby find that 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 5.d Packet Pg. 86 Attachment: Attachment 4 - Resolution No. 2021-226 - Amendment to Hometown Heroes Military Banner Program Policy (8466 : Vendor Resolution No. 2021-226 Resolution 2021-226 September 15, 2021 Page 2 of 3 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 5.d Packet Pg. 87 Attachment: Attachment 4 - Resolution No. 2021-226 - Amendment to Hometown Heroes Military Banner Program Policy (8466 : Vendor Resolution No. 2021-226 Resolution 2021-226 September 15, 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 5.d Packet Pg. 88 Attachment: Attachment 4 - Resolution No. 2021-226 - Amendment to Hometown Heroes Military Banner Program Policy (8466 : Vendor _____________________________________________________________________________________________ City of San Bernardino – Hometown Heroes Military Banner Policy City of San Bernardino Hometown Heroes Military Banner Policy ____________________________________________________________________________ Subject: Hometown Heroes Military Banner Program Purpose: To govern the policies and procedures of the Hometown Heroes Military Banner Program for City staff, and program participants. Authority: San Bernardino City Charter, Article III Policy: 1) Criteria: • Active Duty; • Retired; • Reserved; or • Completed Service And • Current City of San Bernardino resident; • Having graduated from a High School or college in San Bernardino; or • Immediate family member of a San Bernardino resident or City of San Bernardino employee, retired employee or a fulltime contract employee with one year of service with the City of San Bernardino 2) Banner Cost: • Limited to one per person • New Banner $360 3) Banner Display Area • High traffic corridor within the Downtown revitalization zone on West 5th St from the 215 to North D St., West 2nd St. from the 215 to North D St, North D St. from West 5th St. to West 2nd St, and West 3rd St. from City Hall to N Arrowhead Ave. (Hometown Heroes Military Banner Locations Map). 4) How to Apply • Complete a Banner Application • Submit application documents including Verification of Military Status form (DD-214) and Color 5x7 image of the service person • Submit payment after application approval 5.e Packet Pg. 89 Attachment: Attachment 5 - Resolution No. 2021-226 - Exhibit A - Hometown Heroes Military Banner Policy (Updated Aug 2021) (8466 : Vendor _____________________________________________________________________________________________ City of San Bernardino – Hometown Heroes Military Banner Policy 5) Applications are accepted year-round. Installations occur once a year after the annual banner presentation ceremony prior to Veterans Day. Banners may be removed at the discretion of the City. Applicants are responsible for the cost of repairs or replacements. If a banner is stolen, damaged, or destroyed due to age, vandalism, or any acts of nature including high winds City staff will contact the family to provide reinstallation options. Banners will be hung for a maximum of two years from the date of installat ion. Once they are taken down, banners are returned to the applicant. Gold Star banner will be displayed in indefinitely. The City reserves the right to remove banners at its discretion. 5.e Packet Pg. 90 Attachment: Attachment 5 - Resolution No. 2021-226 - Exhibit A - Hometown Heroes Military Banner Policy (Updated Aug 2021) (8466 : Vendor JOHN SMITH portrait 5.f Packet Pg. 91 Attachment: Attachment 6 - Vendor Banner Samples (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All JOHN SMITH 5.f Packet Pg. 92 Attachment: Attachment 6 - Vendor Banner Samples (8466 : Vendor Services Agreement Hometown Heroes Military Banner Program (All 5.f Packet Pg. 93 Attachment: Attachment 6 - Vendor Banner Samples (8466 : Vendor Services Agreement Hometown 5.f Packet Pg. 94 Attachment: Attachment 6 - Vendor Banner Samples (8466 : Vendor Services Agreement Hometown Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Data Ticket PSA (All Wards) Recommendation Adopt Resolution No. 2021-227 of the Mayor and City Council of the City of San Bernardino, California, authorizing City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services. Background At present, there are 18 City employees who issue administrative citations and administrative civil penalty citations for violations of the San Bernardino Municipal Code. Enforcement actions are related to the provisions of the business registration, health and safety, animals, buildings and construction and development code regulations. As part of the FY 2021/22 budget, an additional five employees are budgeted totaling 23 employees who have the capacity to issue administrative citations and administrative civil penalty citations. The additional staffing will increase the number of citations issued by the City addressing violations city-wide. Currently, the City processes and tracks requests for administrative hearings as well as related correspondence. Staff also sends out a reminder notice to the respective violator two weeks after the fine is due. A very small percentag e of citations are contested and most citations are paid. Each year, there are citations that are not paid and require follow up by the City to collect the citation fees. Unfortunately, the City does not have trained professional collection staff to collect unpaid administrative civil penalties and administrative costs. Accordingly, it is necessary to retain the services of a professional collection firm to assist the City with these services. Discussion On November 25, 2020, a Request for Proposal (RFP F-21-13) was issued on Planet Bids for administrative citation and administrative civil penalties processing services. The City received three proposals with two meeting the minimum requirements. Each vendor was evaluated based on the proposals they s ubmitted. Bids were evaluated by City staff from those departments that have enforcement authority. The criteria utilized to evaluate the firms included 1) Capabilities of Vendor, 2) Qualifications/Experience, 3) 6 Packet Pg. 95 7414 Page 2 Reasonableness of Cost/Price, 4) Completeness of Response and 5) Local Vendor Preference. The two firms were asked to present their proposals and were interviewed by the evaluation team. Both vendors are highly qualified with more than 30 years in the industry and each with 200 plus clients. H owever, it is staff’s recommendation that the City retain Data Ticket, Inc. as the preferred vendor. Specifically, Data Ticket offers a packaged program that satisfies all the needs of the City providing two options to either pay a single up-front fee for all services or pay for each citation. Data Ticket services include the collection of past due citations and fines utilizing the Interagency Intercept Collections Program administered by the Franchise Tax Board. Data Ticket, Inc. will conduct follow-up and tracking of each citation issued to determine if payment is received or delinquent. In the event a payment is delinquent, Data Ticket, Inc. will begin the process to collect from tax refunds or lottery winnings, when appropriate. By contracting with Data Ticket, Inc., the City will have a better opportunity to collect on past due citations for 15% of the collected amounts. Additionally, Data Ticket will submit delinquent fines through the Interagency Intercept Collections Program. The City is allowed to submit qualifying debts through the Franchise Tax Board for unpaid citation fees dating back to calendar year 2019. There is no additional cost for this service; however, Data Ticket will retain 15% of fees collected. The City has more than 300 cases totaling approximately $240K that could qualify for this program. Data Ticket offers a third party advanced collections services to collect on citations that remain outstanding after the regular noticing and/or the Franchise Tax Board Interagency Program. Data Ticket works with the collection agency to start auto-dialer and noticing as well as performing skip tracing. By contracting with Data Ticket, the City will have a better opportunity to collect on past due citations for 30% of the collected amounts. Data Ticket offers adjudication services for contested administrative citations through an independent Administrative Hearing Officer who conducts the hearings via phone, written, Zoom and in-person. While the City has an existing agreement with Palaci os Law Offices in Riverside performing similar services, staff believes it would be beneficial to have Data Ticket, Inc. provide back-up adjudication services as needed. Data Ticket will charge $85.00 an hour for a hearing under both options regardless of medium used to perform the hearing which is comparable to what the current vendor charges for the same services. Lastly, Data Ticket is already integrated with the administrative citation processing software, GoEnforce, utilized by Code Enforcement. Currently, there are a number of other cities with San Bernardino County and Riverside County that utilize the integration with GoEnforce to send citations to Data Ticket electronically for processing. The staff recommends that the total amount of the budget for the agreement be set annually at $50,000. The agreement as proposed will expire on June 30, 2023, unless earlier terminated. Subject to agreement of the parties in writing, the agreement may be 6 Packet Pg. 96 7414 Page 3 administratively extended by the City Manager, or designee, for a maximum of two additional one-year terms. 2020-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 4: Financial Stability. Specifically, the services will allow the City to collect revenue related to ad ministrative citations from various citations issued by the City. This revenue off -sets the staffing costs for issues these citations. Fiscal Impact This amount is already budgeted for FY 2021/22. It should be noted that the costs related to these services are offset by the citation fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-227, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services. Attachments Attachment 1 Resolution 2021-227 Attachment 2 Resolution 2021-227; Exhibit A - Professional Services Agreement with Data Ticket - Partially Executed Attachment 3 RFP F-21-13 Data Ticket Wards: All Synopsis of Previous Council Actions: None 6 Packet Pg. 97 Resolution No. 2021-227 RESOLUTION NO. 2021-227 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEEMENT WITH DATA TICKET TO PROVIDE ADMINISTRATIVE CITATION AND ADMINISTRATIVE PENALTY CITATION PROCESSING SERVICES WHEREAS, the City of San Bernardino’s (“City”) Code Enforcement Officers issue administrative citations and administrative civil penalty citations for violations of City ordinances including business registration and regulations, health and safety, animals, buildings and construction, and development code regulations; and WHEREAS, staff process and track administrative review requests and administrative hearings as well as related correspondence; and WHEREAS, staff also send out notices to responsible parties two weeks after the fine is due. However, the City does not have trained collection staff to collect unpaid administrative civil penalties and administrative costs; and WHEREAS, prior to 2019, the San Bernardino Municipal Code allowed the City to attach a lien on property to collect unpaid fines or penalties for municipal ordinance violations; and WHEREAS, the amount of the proposed lien was collected as a special assessment at the same time and in the same manner as the County of San Bernardino property taxes were collected. However, based on a 2016 court case cities in California cannot attach liens or impose special assessments to collect outstanding fines or penalties; and WHEREAS, in November, 2020, staff issued a Request for Proposals on Planet Bids for administrative citation and administrative civil penalties process services; and WHEREAS, staff recommends Data Ticket, Inc. as the preferred vendor because it offered the City a package program that satisfies all the needs of the City as requested in the Request for Proposals; and WHEREAS, the City now wishes to enter into a Professional Services Agreement with Data Ticket, Inc. of Irvine, California in the amount not to exceed the sum of $50,000 annually; and WHEREAS, the Professional Services Agreement as proposed will expire on August 31, 2025, unless earlier terminated. Subject to the agreement of the parties, the agreement may be administratively extended by the City Manager, or his or her designee, for a maximum of two additional one-year terms. 6.a Packet Pg. 98 Attachment: Attachment 1 - Resolution 2021-227 [Revision 1] (7414 : Data Ticket PSA (All Wards)) Resolution No. 2021-227 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute the Professional Services Agreement with Data Ticket, Inc. attached hereto and incorporated herein 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. 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. 99 Attachment: Attachment 1 - Resolution 2021-227 [Revision 1] (7414 : Data Ticket PSA (All Wards)) Resolution No. 2021-227 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 6.a Packet Pg. 100 Attachment: Attachment 1 - Resolution 2021-227 [Revision 1] (7414 : Data Ticket PSA (All Wards)) 6.b Packet Pg. 101 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 102 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 103 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 104 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 105 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 106 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 107 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 108 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 109 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 110 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 111 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 112 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 113 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 114 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 115 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 116 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 117 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 118 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 119 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 120 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 121 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 122 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 123 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 124 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 125 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 126 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 127 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 128 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 129 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 130 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.b Packet Pg. 131 Attachment: Attachment 2 - Professional Services Agreement with Data Ticket, Partially Executed; Exhibit A [Revision 1] (7414 : Data Ticket 6.c Packet Pg. 132 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 133 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 134 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 135 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 136 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 137 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 138 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 139 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 140 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 141 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 142 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 143 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 144 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 145 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 146 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 147 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 148 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 149 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 150 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 151 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 152 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 153 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 154 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 155 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 156 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 157 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 158 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 159 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 160 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 161 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 162 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) 6.c Packet Pg. 163 Attachment: Attachment 3 - RFP F-21-13 Data Ticket (7414 : Data Ticket PSA (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Subordination of a Deed of Trust (Ward 6) Recommendation Adopt Resolution No. 2021-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino to approve the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California. Background On August 2, 2010, the Community Development Commission approved Resolution No. CDC/2010-44, which authorized the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute agreements by and between the Agency and Inland Housing Development Corporatio n (“IHDC”) for the administration of a) the Single-Family Beautification Grant Program and b) the Single - Family Rehabilitation Loan Program for a three year term during the Fiscal Years of 2010-2011, 2011-2012 and 2012-2013, subject to and conditioned upon annual renewal by the Agency and performance by IHDC for the three year term of the Agreement. This Program was designed to provide low and moderate -income homeowners who reside in the City of San Bernardino with a special source of loan and grant funds to undertake certain rehabilitation and correction work and certain exterior landscape and structural beautification improvements of owner-occupied, single-family residential dwelling units. The Program was also designed to promote and expand the supply of affordable housing in the City and foster the elimination and prevention of blight. On January 9, 2012, the Mayor and City Council adopted Resolution 2012 -12 confirming that the City of San Bernardino would serve as the “Successor Agency” to the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and City Council adopted Resolution 2012-19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. Discussion The Loan Services Agreement, under and pursuant to the Single-Family Residence 7 Packet Pg. 164 8531 Page 2 Rehabilitation Loan Program of the former Redevelopment Agency of the City of San Bernardino in concert with IHDC, states that the homeowner must pay the full Loan amount to the Agency if the home is refinanced within ten (10) years after the recordation of the Deed of Trust and the Covenant Agreement in the County Recorder’s Office. The Loan Services Agreement also states that the loan is deferred and accrues simple interest at the rate of three (3) percent per annum until the occurrence of a transfer of title to the property securing the note, if the owner refinances the original loan to use equity, or if the owner sells the property. Should the homeowner request to “cash out” the property’s equity the subordination request would be denied, and the Agency loan would become due. The language in the Loan Services Agreement, however, conflicts with the language in the Promissory No te (the “Note”) Secured by the Deed of Trust. The Note states that all payments of principal and all interest accruing thereon shall be deferred until the occurrence of one of three events, one of which includes when the Maker refinances the Agency Loan and/or the Maker refinances the Senior Loan secured by the Senior Deed of Trust. The owner for the property located at 1575 Glenview Street, San Bernardino, California, received a deferred loan and is now requesting to refinance their existing first mo rtgage. The owner of the property listed above has submitted a subordination request to Successor Housing Agency staff and the application has been reviewed and approved since it has been over 10 years since the Deed of Trust was recorded and the owner is not “cashing out” equity. To proceed with the refinancing, the new lender and title company require the Agency’s deed of trust to be expressly subordinated to the new first deed of trust. Therefore, staff requests that the City Manager, or designee, be authorized to sign and cause to be recorded the subordination agreement and associated documents which will allow the property owner to refinance their first mortgage. 2020-2025 Key Strategic Targets and Goals Adoption of the attached Resolution aligns with Key Target No. 3: Improved Quality of Life. Refinancing supports homeownership and sustains neighborhoods throughout the City. Fiscal Impact There is no fiscal impact to the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, adopt Resolution No. 2021-228, approving the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California. Attachments Attachment 1 Resolution No. 2021-228 Attachment 2 Subordination Agreement for 1575 Glenview Street 7 Packet Pg. 165 8531 Page 3 Ward: 6 Synopsis of Previous Council Actions: August 2, 2010 Community Development Commission of the City of San Bernardino approved and authorized the Interim Executive Director of the Redevelopment Agency (“Agency”) of the City of San Bernardino to execute agreements by and between the Agency and Inland Housing Development Corporation for the administration of a) the Single-Family Beautification Grant Program and b) the Single-Family Rehabilitation Loan Program. January 23, 2012 Mayor and City Council adopted Resolution 2012 -19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. 7 Packet Pg. 166 Resolution No. 2021-228 Resolution 2021-228 September 15, 2021 Page 1 of 4 RESOLUTION NO. 2021-228 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE SUBORDINATION OF A DEED OF TRUST IN CONNECTION WITH REFINANCING THE SENIOR MORTGAGE RELATED TO REAL PROPERTY LOCATED AT 1575 GLENVIEW STREET, SAN BERNARDINO, CALIFORNIA WHEREAS, on January 9, 2012, the Mayor and City Council of the City of San Bernardino, California, (“Council”) adopted Resolution No. 2012-12 confirming that the City of San Bernardino would serve as the Successor Agency to the Redevelopment Agency (“Agency”) of the City of San Bernardino (“Successor Agency”) effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolution Act); and WHEREAS, on January 23, 2012, the City Council adopted Resolution No. 2012-19 providing for the City to serve as the Successor Housing Agency and perform the housing functions previously performed by the Agency; and WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X26 the Oversight Board is to direct the transfer of housing responsibilities, including all rights, powers, duties, obligations and assets, to the Successor Housing Agency; and WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB1484 the restrictions on the use of real property such as affordability covenants entered into by the Agency are considered a housing asset; and WHEREAS, a Deed of Trust affecting real property located at 1575 Glenview Street, San Bernardino, California (“Property”) exists as of December 14, 2010, and recorded on January 6, 2011, as Instrument Number 2011-0008140 in the Official Records of the County of San Bernardino (“Deed of Trust”); and WHEREAS, the terms of the Deed of Trust allow the Trustor to obtain the release of the security interest of the First Mortgage Lender in the Property for the purpose of a third-party lender which refinances the purchase money mortgage of the First Mortgage Lender; and WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust on which owner(s) (Bessine L. Richard) request the subordination so that they can proceed on a refinance and a clear lenders title policy can be provided to the new lender of the Property; and 7.a Packet Pg. 167 Attachment: Attachment 1 - Resolution No. 2021-228 [Revision 1] (8531 : Subordination of a Deed of Trust (Ward 6)) Resolution No. 2021-228 Resolution 2021-228 September 15, 2021 Page 2 of 4 WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is a housing asset and/or housing function, and desires to authorize Successor Housing Agency staff to transfer all rights and interest in the Deed of Trust to the City in its capacity as the Successor Housing Agency; and WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded a subordination agreement for the purposes of causing the new third-party lender to have a security interest in the Property senior to that of the Successor Housing Agency. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Pursuant to Health & Safety Code Section 34176, the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino does hereby find and determine that the Deed of Trust is a housing asset and hereby authorizes the City Manager or his/her designee, to execute the Subordination Agreement (attached and incorporated herein as Exhibit “A”) and do all such acts and things necessary to cause it to be recorded with the San Bernardino County Recorder. SECTION 3. 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 7.a Packet Pg. 168 Attachment: Attachment 1 - Resolution No. 2021-228 [Revision 1] (8531 : Subordination of a Deed of Trust (Ward 6)) Resolution No. 2021-228 Resolution 2021-228 September 15, 2021 Page 3 of 4 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 7.a Packet Pg. 169 Attachment: Attachment 1 - Resolution No. 2021-228 [Revision 1] (8531 : Subordination of a Deed of Trust (Ward 6)) Resolution No. 2021-228 Resolution 2021-228 September 15, 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 7.a Packet Pg. 170 Attachment: Attachment 1 - Resolution No. 2021-228 [Revision 1] (8531 : Subordination of a Deed of Trust (Ward 6)) 1 When recorded mail to: City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino 290 North D Street San Bernardino, CA 92401 Owner Name: Bessine L. Richard 1575 Glenview Street San Bernardino, CA 92411 SPACE ABOVE THIS LINE FOR RECORDERS USE. Form of SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. This AGREEMENT, made this day of , 2021, by (Bessine L. Richard), Owner of the land hereinafter described and hereinafter referred to as "Owner," and the City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and holder of the Deed of Trust and Note; WITNESSETH WHEREAS, Owner(s) did on December 14, 2010, execute a Deed of Trust to First American Title, a California Corporation, as trustee, covering: LEGAL DESCRIPTION: The land herein after referred to is situated in the City of San Bernardino, County of San Bernardino, State of California, and is described as follows: Lot 42 of Tract No. 11259, in the City of San Bernardino, County of San Bernardino, State of California, as per map recorded in Book 156, Pages 50 and 52 of Maps, in the Office of the County Recorder of said County. to secure a Note in the sum of $25,000 dated December 14, 2010 in favor of the Redevelopment Agency of the City of San Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was recorded January 6, 2011, as Instrument No. 2011-0008140, Official Records of said county; WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Beneficiary”) pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23, 2012; WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to exceed $103,500, dated , in favor of Arrowhead Central Credit Union, hereinafter referred to as “Lender,” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and 7.b Packet Pg. 171 Attachment: Attachment 2 - Subordination Agreement for 1575 Glenview Street (8531 : Subordination of a Deed of Trust (Ward 6)) 2 WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Successor Beneficiary will specifica lly and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to O wner; and Successor Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: 1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property t herein described, prior and superior to the lien or charge or the Deed of Trust first above mentioned. 2. That Lender would not make its loan above described without this Subordination Agreement. 3. That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of the lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Successor Beneficiary declares, agrees and acknowledges that: (a) Lender in making disbursements pursuant to any such agreement is under no obligation o r duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (b) Successor Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands t hat in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be make and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (c) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor or Lender above referred to. 7.b Packet Pg. 172 Attachment: Attachment 2 - Subordination Agreement for 1575 Glenview Street (8531 : Subordination of a Deed of Trust (Ward 6)) 3 NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. City of San Bernardino, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino _____________________________________ ____________________________________ Robert D. Field, City Manager Owner City of San Bernardino Owner (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 7.b Packet Pg. 173 Attachment: Attachment 2 - Subordination Agreement for 1575 Glenview Street (8531 : Subordination of a Deed of Trust (Ward 6)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license taxes and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a de crease of $14 million/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the Mayor to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. Background The City has been involved in extensive and protracted litigation with cannabis business operators who had received permits to operate under Measure O, which was approved by voters during the November 2016 election. The voters subsequently approved Measure X, which created San Bernardino Municipal Code Chapt er 5.10 for the regulation of cannabis businesses, further complicated how and whether Measure O businesses could continue to operate. In 2020, Measure O businesses approached the City to discuss a possible resolution and avoidance of further costly litig ation. The City Council met in closed session to discuss the threats of further litigation and directed staff to negotiate possible settlements as described in this report and set forth in the 8 Packet Pg. 174 8533 Page 2 attached agreements. Discussion Historical Regulation of Cannabis by the City. In November 2016, Measure O, a citizen-sponsored initiative, was passed by City voters. Several cannabis businesses applied for use permits to sell cannabis under this measure. The City issued a Marijuana Business Permit to both Shatte r, LLC and License 01, LLC, consistent with the provisions of Measure O. The City later faced several legal challenges regarding the validity of Measure O, including those lawsuits styled as Kush Concepts v. City of San Bernardino, San Bernardino Superior Court (“SBSC”) Case No. CIVDS 1702131, Ye v. City of San Bernardino, SBSC Case No. CIVDS 1704276, and Roe v. City of San Bernardino, SBSC Case No. CIVDS 1712424. The City implemented Measure O during the pendency of the lawsuits. On February 9, 2018, the Superior Court ruled Measure O invalid because it created a zoning monopoly for dispensing cannabis. As a result, the City placed a temporary moratorium on commercial cannabis activities within the City and on April 27, 2018, the Court hearing the lawsuits issued an Order that “all persons and entities, [who] prior to the entry of this Court’s 02/28/2018 judgment, [obtained] permits or licenses to operate a marijuana business both from the City of San Bernardino under Measure O and the State of California under applicable state law may continue to operate such permitted businesses.” The Superior Court judgment declaring Measure O invalid was reversed by the Court of Appeal, Fourth Appellate District, Division One, on May 11, 2020, and the affected cannabis businesses contemplated further legal action against the City in light of the appellate decision, which lead to the eventual conversations about these proposed settlements. The voters of the City subsequently approved a new cannabis initiative, know n as Measure X, which is now codified as Chapter 5.10, et seq. of the San Bernardino Municipal Code (SBMC) and is currently being implemented and enforced. Measure X did not provide any means for cannabis businesses granted use permits under Measure O to come into compliance with Measure X, and SBMC Chapter 5.10 provides that commercial cannabis activities are prohibited, unless specifically authorized by that Chapter, giving rise to continued legal disputes between the City and the businesses formed pursuant to Measure O, hereafter referred to as Measure O operators. In February 2019, the City awarded several applicants the opportunity to pursue permits under Chapter 5.10. The City then discovered that businesses were not securing permits and beginning operations as quickly as the City had hoped, so the City Council increased the number of possible commercial permits for retail and microbusiness/retail sales in an attempt to get more businesses approved. This provided an opportunity for the City to welcome additional operators and resolve ongoing legal disputes, thereby avoiding legal expenses and providing the opportunity for businesses to generate additional cannabis sales revenue. The City and the Measure O businesses negotiated for many months with the City insisting that, if approved, the Measure O businesses had to come into full compliance 8 Packet Pg. 175 8533 Page 3 with Chapter 5.10 so the City would have one cannabis ordinance to implement, and everyone would operate on the same and equal terms. What’s at Issue: Qualified Initiative to Reduce Utility Users Tax The Measure O operators had representatives approach the City and ask if the City would be interested in resolving the ongoing legal disputes with cannabis businesses caught between the City’s first voter-approved cannabis initiative, Measure O, and the subsequent Measure X, which had affirmed the City’s proposed cannabis regulations as set forth in SBMC Chapter 5.10. Their initial offer was to have the Measure O operators be essentially grandfathered into their original status, thus creating a special category of cannabis business. The representatives also advised that the Measure O operators were sponsors of the “San Bernardino Service Users Tax Reduction Act,” a proposed initiative to reduce the City’s Utility User Tax from 7.75% to 3%. Staff estimates that the proposed reduction would reduce General Fund revenues by approximately $14 million/year. The measure has qualified for placement on the ballot in 2022. The representatives stated that the Measure O operators would consider withdrawing the initiative. California Elections Code § 9215.5 states that the “proponent of an initiative may withdraw the initiative at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.” The City rejected portions of the Measure O Operators’ initial requests, instead insisting that, in addition to withdrawing the Utility Users Tax measure from the ballot, the Measure O operators also come into full compliance with SBMC Chapter 5.10, and that they pay the City the tax receipts owed under the City’s cannabis sales tax. The Measure O Operators acceded to the City’s counter and agreed to come into compliance with Chapter 5.10 and to make full payment of their back taxes. Settlement Proposal If approved by the City Council, the settlement agreements will essentially settle outstanding litigated issues and will also provide for the following: Back-Tax Payments. Within three (3) business days of the full execution of the agreements Shatter, LLC will pay the City $581,921.81 and License 01, LLC will pay the City $1,328,525.00 (representing back cannabis sales taxes owed by the Measure O operators through July 31, 2021), for a total payment of $1,910,446.81. Withdrawal of Initiative. Within three (3) business days of the full execution of the agreements, a request in writing will be filed with the City Clerk withdrawing the “San Bernardino Service Users Tax Reduction Act,” pursuant to California Elections Code §9215.5. Issuance of Cannabis Business Permit. The City will issue Chapter 5.10-compliant cannabis business permits within three (3) business days of the full execution of the 8 Packet Pg. 176 8533 Page 4 agreements, provided that the businesses come into compliance with S an Bernardino Municipal Code (“SBMC”) Chapter 5.10. The businesses will then have to comply with the renewal process in the third year. Building and Construction. The City will inspect the operator’ facilities within sixty (60) days to ensure that they are in compliance with health and safety code and building code requirements. No On-Site Cannabis Consumption or Use or Sale of Alcohol. The cannabis businesses agree that on-site consumption of cannabis or alcohol sales is prohibited and regulated by both City and State law. The businesses agree not to permit on -site cannabis consumption or the sale or use of alcohol under any circumstances without all necessary approvals, and acknowledge that violations could result in the revocation of permits. 2020-2025 Key Strategic Targets and Goals Approval of the settlement agreements are consistent with Key Target No. 1b: Financial Stability. Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions. The agreemen ts will eliminate the possibility of a successful initiative reducing the City’s Utility Users Tax and reducing the City’s annual general fund revenues by an estimated $14 million. In addition, the City will recover $1,910,446.81 in cannabis sales taxes, and if the businesses continue to operate as anticipated, they are expected to jointly produce over $2 million in tax revenues for the City annually. The settlement agreements also further the City’s goal to approve up to 17 retail and microbusiness/retail cannabis business permits to generate additional revenue and economic development, which aligns with Key Target No. 4. Economic Growth and Development. Specifically, the settlement agreements will result in further investment in the community and individuals coming into the City to purchase goods which are not available for purchase in neighboring communities. Fiscal Impact If approved, the settlement agreements require the two businesses to make back payments of cannabis business license fees in the amount of $1,910,446.81 and the withdrawal of the initiative aimed at reducing the UUT will ensure that the City does not risk a reduction of the UUT by up to $14 million. The cannabis sales tax funds will be held in a separate account until the City Council makes a decision on how to appropriate the funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber ) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license taxes and c) 8 Packet Pg. 177 8533 Page 5 provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 million/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the Mayor to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. Attachments Attachment 1 Resolution 2021-240 Attachment 2 Exhibit A - Settlement Agreement with Shatter, LLC (Thomas Bamber) Attachment 3 Exhibit B - Settlement Agreement with SB License 01, LLC (Qiang Ye) dba Captain Jacks Ward: All Synopsis of Previous Council Actions: None 8 Packet Pg. 178 Resolution No. 2021-240 Resolution 2021-240 September 15, 2021 Page 1 of 3 RESOLUTION NO. 2021-240 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SETTLEMENT AGREEMENTS WITH SHATTER, LLC AND SB LICENSE 01 LLC, AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED OPERATING BUDGET TO INCREASE CANNABIS BUSINESS LICENSE REVENUES IN THE AMOUNT OF $1,910,446.81, DIRECTING THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENTS, AND AUTHORIZING THE CITY MANAGER AND DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT TO FULLY IMPLEMENT THE TERMS OF THE SETTLEMENT AGREEMENTS WHEREAS, In November 2016, Measure O, a citizen-sponsored initiative, was passed by City voters; and WHEREAS, The City issued a Marijuana Business Permit to both Shatter, LLC and License 01, LLC, consistent with the provisions of Measure O; and WHEREAS, The City later faced several legal challenges regarding the validity of Measure O; and WHEREAS, On February 9, 2018, the Superior Court ruled Measure O invalid because it created a zoning monopoly for dispensing cannabis; and WHEREAS, The voters adopted Measure X which created San Bernardino Municipal Code Chapter 5.10 for the regulation of cannabis further complicating how and whether Measure O businesses could continue to operate.; and WHEREAS, On May 11, 2020, the Superior Court judgment declaring Measure O invalid was reversed by the Court of Appeal, and the affected cannabis businesses contemplated further legal action against the City in light of the appellate decision; and WHEREAS, Measure O businesses approached the City to discuss a possible resolution and avoidance of further costly litigation; and WHEREAS, The City Council met in closed session to discuss the threats of further litigation and directed staff to negotiate possible settlements. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8.a Packet Pg. 179 Attachment: Attachment 1 - Resolution No. 2021-240 - Proposed Settlement Agreements with Shatter, LLC and SB License 01, LLC (8533 : Resolution No. 2021-240 Resolution 2021-240 September 15, 2021 Page 2 of 3 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the approval of settlement agreements with Shatter LLC attached hereto and incorporated herein as Exhibit “A.”, and SB License 01, LLC attached hereto and incorporated herein as Exhibit “B.”, authorize the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81, direct the Mayor to execute the settlement agreements, and authorize the City Manager and Director of Community and Economic Development to fully implement the terms of the settlement 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. 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. 180 Attachment: Attachment 1 - Resolution No. 2021-240 - Proposed Settlement Agreements with Shatter, LLC and SB License 01, LLC (8533 : Resolution No. 2021-240 Resolution 2021-240 September 15, 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 8.a Packet Pg. 181 Attachment: Attachment 1 - Resolution No. 2021-240 - Proposed Settlement Agreements with Shatter, LLC and SB License 01, LLC (8533 : SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SHATTER, LLC THIS SETTLEMENT AGREEMENT e'Agreement") is entered into on ____ , 2021 by and between the City of San Bernardino ("City"), a California municipal corporation, and Shatter, LLC a Delaware Limited Liability Company ('"Cannabis Business''). City and Cannabis Business are sometimes individually referred to herein as a -�Party" and collectively referred to herein as tbe "Parties." This Agreement is made with reference to the following facts. RECITALS WHEREAS, in November 2016, Measure 0, a citizen•sponsored initiative, was passed by City voters; and WHEREAS, Cannabis Business submitted an application to the City for a use permit to conduct certain commercial cannabis uses in the City, located at 100 Hospitality Lane, San Bernardino, California ("Facility"); and WHEREAS, the City issued a Marijuana Business Permit to Cannabis Business on August 24, 2017, to pennit cannabis retail sales at the Facility, consistent with the provisions of Measure O; and WHEREAS, the City faced several legal challenges regarding the validity of Measure 0, including those lawsuits styled as Kush Concepts v. City of San Bernardino, San Bernardino Superior Court ("SBSC") Case No. CIVDS 1702131, Ye v. City of San Bernardino, SBSC Case No. CIVDS 1704276, and Roe v. City of San Bernardino, SBSC Case No. CIVDS 1712424 ( collectively, the "Lawsuits"); and WHEREAS, the City implemented Measure O during the pendency of the Lawsuits; and WHEREAS, on February 9, 2018, the Superior Court ruled Measure O invalid because it created a zoning monopoly for dispensing cannabis. As a result the City placed a temporary moratorium on commercial cannabis activities within the City; and WHEREAS, on April 27, 2018 the Court hearing the Lawsuits issued an Order that "all persons and entities, [ who] prior to the entry of this Court's 02/28/2018 judgment, [ obtained] permits or licenses to operate a marijuana business both from the City of San Bernardino under Measure O and the State of California under applicable state law may continue to operate such permitted businesses"; and WHEREAS, the Superior Court judgment declaring Measure O invalid was reversed by the Court of Appeal, Fourth Appellate District, Division One, on May 11, 2020, and the Exhibit A 8.b Packet Pg. 182 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 183 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 184 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 185 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 186 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 187 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and 8.b Packet Pg. 188 Attachment: Exhibit A Settlement Agreement with Shatter LLC (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SB LICENSE 01, LLC (ALSO KNOWN AS "CAPTAIN JACKS") THIS SETTLEMENT AGREEMENT ("Agreement") is entered into on _____ , 2021 by and between the City of San Bernardino ("City"), a California municipal corporation, and SB License 01, LLC a California Limited Liability Company, doing business in the City as "Captain Jacks" ("Cannabis Business"). City and Cannabis Business are sometimes individually referred to herein as a "Party" and collectively referred to herein as the "Parties." This Agreement is made with reference to the following facts. RECITALS WHEREAS, in November 2016, Measure 0, a citizen-sponsored initiative, was passed by City voters; and WHEREAS, Cannabis Business submitted an application to the City for a use permit to conduct certain commercial cannabis uses in the City, located at 100 Hospitality Lane, San Bernardino, California ("Facility"); and WHEREAS, the City is5ued a Marijuana Business Permit to Cannabis Business on August 24, 2017, to permit cann�bis retail sales at the Facility, consistent with the provisions of Measure O; and WHEREAS, the City faced several legal challenges regarding the validity of Measure 0, including those lawsuits styled us Kush Concepts v. City of San Bernardino, San Bernardino Superior Court ("SBSC") Case No. CIVDS 1702131, Ye v. City of San Bernardino, SBSC Case No. CTVDS 1704276, and Roe v. City of San Bernardino, SBSC Case No. CTVDS 1712424 (collectively, the "Lawsuits"); and WHEREAS, the City imp1emented Measure O during the pendency of the Lawsuits; and WHEREAS, on February 9, 2018, the Superior Court ruled Measure O invalid because it created a zoning monopoly for dispensing cannabis. As a result the City placed a temporary moratorium on commercial cannabis activities within the City; and WHEREAS, on April 27, 2018 the Court hearing the Lawsuits issued an Order that "all persons and entities, [who] prior to the entry of this Court's 02/28/2018 judgment, (obtained] pennits or licenses to operate a marijuana business both from the City of San Bernardino under Measure O and the State of California under applicable state law may continue to operate such pennitted businesses"; and WHEREAS, the Superior Court judgment declaring Measure O invalid was reversed by the Court of Appeal, Fourth Appellate District, Division One, on May 11, 2020, and the 55600.00610\32494644.1 Exhibit B 8.c Packet Pg. 189 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 190 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 191 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 192 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 193 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 194 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 8.c Packet Pg. 195 Attachment: Exhibit B Settlement Captain Jacks-c1 (8533 : Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Authorization of Software Service Agreement for Office 365 (All Wards) Recommendation Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. Background The City is completing the standardization and upgrade of Microsoft Office software throughout the City to Office 365. As a cloud-based subscription service, Office 365 allows each user to access the software in the office or at remote sites. When the City can move away from running any earlier versions of MS Office requir ed by systems that are slated for replacement, (e.g., the permitting system), and ensure adequate internet capacity to move away from local servers, using Office 365 will not only ensure that the City is not running multiple versions of MS Office, which creates version issues, but will also allow multiple users to work in the same document, spreadsheet , or presentation at the same time without conflicts. Microsoft offers three different levels of subscription for Office 365: G1, which includes web versions of MS Office applications only; G3, which includes desktop applications for Word, Excel, PowerPoint, Outlook, Publisher, and Access; and G5, which includes the same desktop applications as G3 and additional conferencing, legal and security applications. All three levels also include Microsoft Exchange, OneDrive, SharePoint, and Teams. The City selected the G3 subscription as meeting the needs of the City. The City currently has a license for 715 users. This number allows for a margin of about 30 users as new employees join the City. Discussion The City is proposing to piggyback on the County of Riverside's contract with Insight Public Sector, Inc., a California State-leveraged competitively bid agreement which allows the City to have fixed pricing for the next three years. The agreement requires a base amount of 715 users for each of those years. As the City grows and more user 9 Packet Pg. 196 8508 Page 2 licenses are necessary, they may be added through contract amendment . 2020-2025 Key Strategic Targets and Goals Authorizing the City Manager to enter into a service agreement for Office 365 licenses aligns with Key Target No. 1: Financial Stability by ensuring that staff can work efficiently and effectively; and puts the City in a position to begin moving away from dependence on local servers for backups in the case of an emergency or natural disaster. Fiscal Impact There is no impact on the General Fund. Funds for Office 365 licenses are included in the FY2021/2022 budget. Current Year FY 2022/23 FY 2023/24 TOTAL General Fund $149,113.25 $149,113.25 $149,113.25 $447,339.75 Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2021 -229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36 -month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. Attachments Attachment 1 Resolution 2021-229 - Office 365 Services Agreement Attachment 2 Vendor Signed-Public Sector O365 Agreement Ward: All Synopsis of Previous Council Actions: April 11, 2018 Mayor and City Council adopted Resolution No. 2018-44, approving a purchase of Office 365 G3 software. September 4, 2019 Mayor and City Council approved the purchase of Office 365 Hosted Exchange software. 9 Packet Pg. 197 Resolution No. 2021-229 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-229 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZE A PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INSIGHT PUBLIC SECTOR, INC. FOR SOFTWARE SERVICES. WHEREAS, the City of San Bernardino currently has 715 Microsoft Office 365 users under an existing license which are due for renewal; and WHEREAS, the County of Riverside, California entered a California State-leveraged contract with Insight Public Sector, Inc. for MS Office 365 after a competitive process; and WHEREAS, the City of San Bernardino’s Municipal Code allows for utilizing other California government contract pricing. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager to execute the Professional Software Services Agreement with Insight Public Sector Inc. for software services, 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. 9.a Packet Pg. 198 Attachment: Attachment 1- Resolution 2021-229 - Office 365 Services Agreement (8508 : Authorization of Software Service Agreement for Office Resolution No. 2021-229 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 9.a Packet Pg. 199 Attachment: Attachment 1- Resolution 2021-229 - Office 365 Services Agreement (8508 : Authorization of Software Service Agreement for Office Resolution No. 2021-229 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 9.a Packet Pg. 200 Attachment: Attachment 1- Resolution 2021-229 - Office 365 Services Agreement (8508 : Authorization of Software Service Agreement for Office PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INSIGHT PUBLIC SECTOR INC. 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of October, 2021 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Insight Public Sector Inc., an Illinois corporation with its principal place of business at 6820 S. Harl Avenue, Tempe, AZ., 85283 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project: Microsoft Enterprise License Subscription and Services (hereinafter referred to as “the Project”) 2.2 Procurement Process. Pursuant to Chapter 3.04 of the City’s Municipal Code, the City is authorized to utilize cooperative bidding/piggyback contracting to utilize contracts awarded by other public agencies when it is in the City’s best interest to do so. 2.3 Provider Agreement. County of Riverside Licensing Solution Provider Agreement Number PSA-0001526 (“Provider Agreement”) provides bid item prices for Microsoft Enterprise License Subscription and Services. 2.4 Piggybacking. The City desires to purchase Microsoft Enterprise License Subscription and Services at the bid item prices set forth in the Provider Agreement entered into between the County of Riverside and Vendor. . 2.5 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to implementation services as agreed to by the Parties in a mutually agreed upon Statement of Work (“Professional Services). Vendor represents that it is experienced in providing Microsoft Licensing Solutions Enterprise cloud-based and server based projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City. 2.6 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement. - 1 - 9.b Packet Pg. 201 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 2 2.7 Project. City desires to engage Vendor to render such professional services for the Professional Services as set forth in a mutually agreed upon Statement of Work (“SOW”). 2.8 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the System, defined below, in reliance on the recommendations and specifications to be provided by Vendor. 3. DEFINITIONS 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor. 3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “A”. 3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreemen t not originally part of the Vendor’s baseline or prior version of the Application Software. 3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “A”. 3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order. 3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin. 9.b Packet Pg. 202 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 3 3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software. 3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “C”. 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support. 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement. 3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System. 3.12 Project Deliverables. The term Project Deliverables as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “A”. 3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance. 3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services. 3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System. 3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “A”. 3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component 9.b Packet Pg. 203 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 4 or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment. 4. TERMS. 4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein. 4.2 Scope of Services and Term. 4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Microsoft Enterprise License Subscription and Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations. 4.2.3 Term. 4.2.3.1 License Agreement. The term of the License Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement. 4.2.3.2 On-going Maintenance and Support Services. The term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to three (3) successive one (1) year periods, to be renewed annually in the City’s sole discretion. 4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and 9.b Packet Pg. 204 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 5 warranty provisions of this Agreement shall remain in full force and effect as to such Services. 4.3 Responsibilities of Vendor. 4.3.1 Control and Payment of Subordinates; Independent Contractor. The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additi onal personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Vendor shall pay all wages, salaries, and other amounts due such p ersonnel in connection with their performance of Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the term of this Agreement. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner. 4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City. 4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “A”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “A”. 4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Faith Anderson and Chris Robertson. 9.b Packet Pg. 205 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 6 4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times. 4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 4.3.8 Regulatory Compliance. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project and the On -Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board. Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 4.3.9 Additional Provisions Related to On-going Maintenance and Support Services. 9.b Packet Pg. 206 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 7 4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below. 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations. 4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 4.4 Party Representatives. 4.4.1 City’s Representative. The City hereby designates Mitch Cochran (IT Director) and Precious Carter (Procurement Manager), or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 4.4.2 Vendor’s Representative. Vendor hereby designates Faith Anderson and Chris Robertson, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 4.5 Insurance. 4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 9.b Packet Pg. 207 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 8 4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 4.5.1.3 Commercial General Liability (A) The Vendor shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (B) 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. (C) Commercial General Liability Insurance must include coverage for the following: (UCX) exclusion deleted Contract\ (a) Bodily Injury and Property Damage (b) Personal Injury/Advertising Injury (c) Premises/Operations Liability (d) Products/Completed Operations Liability (e) Aggregate Limits that Apply per Project (f) Explosion, Collapse and Underground (g) Contractual Liability with respect to this (h) Broad Form Property Damage (i) Independent Vendors Coverage (D) 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. (E) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured 9.b Packet Pg. 208 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 9 status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (F) 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. 4.5.1.4 Automobile Liability. (A) At all times during the performance of the work under this Agreement, the Vendor 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. (B) 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). (C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (D) 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. 4.5.1.5 Workers’ Compensation/Employer’s Liability. (A) Vendor certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (B) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Vendor shall require all subvendors to obtain and maintain, for the period required by this Agreement, wor kers’ compensation coverage of the same type and limits as specified in this section. 4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor shall maintain 9.b Packet Pg. 209 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 10 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 Vendor. “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. 4.5.1.7 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 acce ptable 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. 4.5.1.8 Minimum Policy Limits Required. (A) The following insurance limits are required for the Agreement: Combined Single Limit limits. 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 limit (B) Defense costs shall be payable in addition to the (C) 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. 4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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 9.b Packet Pg. 210 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 11 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. 4.5.1.10 Policy Provisions Required. (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Vendor 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. (B) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in com pliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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. 4.5.1.11 Qualifying Insurers. 9.b Packet Pg. 211 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 12 (A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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. 4.5.1.12 Additional Insurance Provisions. (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (D) 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. 4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors. 4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 9.b Packet Pg. 212 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 13 4.6 Responsibilities of City. 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement: (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements. (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense. (d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor. 4.7 Fees and Payments. 4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein by reference. The total compensation for Project S ervices shall not exceed Four Hundred Forty-Seven Thousand, Three Hundred Thirty-Nine Dollars and Seventy-Five Cents ($447,339.75) without written approval of City’s Representative. 4.7.2 Compensation for On-going Maintenance and Support Services. Vendor shall receive compensation, including authorized reimbursements, for all On- going Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “A”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services. 4.7.3 Process for Payment of Compensation; Itemized Statements. Vendor shall submit to City a monthly itemized statement which indicates work completed 9.b Packet Pg. 213 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 14 and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “A” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for pa yment all approved and undisputed charges thereon. 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the m issing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant. 4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “A”, Exhibit “B”, or authorized in writing and in advance by City. 4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the On- going Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party. 4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. 4.8 Accounting Records. 9.b Packet Pg. 214 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 15 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 4.9 General Provisions. 4.9.1 Termination of Agreement. 4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4.9.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 4.9.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Precious Carter (Procurement Manager) or Mitch Cochran (IT Director) Vendor Insight Public Sector, Inc. 6820 S. Hart Avenue Tempe, AZ. 85283 Attn: Faith Anderson or Chris Robertson 9.b Packet Pg. 215 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 16 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4.9.3 Ownership of Materials and Confidentiality. 4.9.3.1 Documents & Data; Licensing of Intellectual Property. Vendor retains all right, title, and interest in the Application Software and all Intellectual Property Rights in the Application Software. The look and feel of the Application Software, including any custom fonts, graphics and button icons, are the property of Vendor and City may not copy, imitate, or use them, in whole or in part, without Vendor’s prior written consent. Subject to City’s obligations under this Agreement, Vendor hereby grants to City a non-exclusive, royalty-free license during the Term to use the Application Software. Vendor shall require all subcontractors to agree in writing that City is granted a non - exclusive, royalty-free license during the Term to use any software solutions a subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license the Application Software and all Intellectual Property Rights in the Application Software. 4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held con fidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, t rade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement. 4.9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with 9.b Packet Pg. 216 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 17 this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 4.9.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. If there are any conflicts in langu age in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following: Exhibit A – Statement of Work/Project Deliverables/Schedule of Charges Exhibit B – Compensation Exhibit C – License Agreement 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project. 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 9.b Packet Pg. 217 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 18 4.9.12 Assignment or Transfer. Vendor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interes t by reason of such attempted assignment, hypothecation or transfer. 4.9.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4.9.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 4.9.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, 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. 4.9.19 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, 9.b Packet Pg. 218 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 19 handicap, ancestry, sex or age. 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. 4.9.20 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 4.10 Subcontracting. 4.10.1 Prior Approval Required. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 4.11 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 9.b Packet Pg. 219 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 20 SIGNATURE PAGE FOR PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INSIGHT PUBLIC SECTOR, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: VENDOR Insight Public Sector, Inc. Signature Lisanne Steinheiser Name Global Compliance Officer Title Best Best & Krieger LLP City Attorney 9.b Packet Pg. 220 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 21 EXHIBIT “A” STATEMENT OF WORK/PROJECT DELIVERABLES/SCHEDULE OF CHARGES Microsoft Enterprise License Subscription and Services are mirrored from the Provider Agreement. The following Statement of Work covers all enrollments for all Microsoft products licensed under the Provider Agreement. Line Description Price Level Markup% 1 Enterprise Online Services**(including Full USLs, From SA USLs, Add-ons and Step Ups) M365 E3 and E5, Enterprise Mobility + Security E3 and E5, Office 365 Enterprise E1 or E3, Windows 10 Enterprise E3 or E5 Level D Minus 2% .75 2 Enterprise Products Office 365 Pro Plus, Windows 10 Enterprise, Core CAL Suite, Enterprise CAL Suite Level D .75 3 Additional Products M365 F1, M365 E5 Compliance, M365 E5 Security, Office 365 Enterprise F1, Project Online, Visio Online Plan 1 or Plan 2, Dynamics 365, Azure, SQL Server, Windows Server, etc. Level D .75 4 Server and Tools Product (applies to Server and Cloud Enrollments only) SharePoint Server, SQL, BizTalk Server, Visual Studio Core Infrastructure Suites, etc. Level D .75 5 All products for Select Plus Agreement No. 7756479 1.00 6 Microsoft Premier Support 1.00 7 Microsoft Unified Support Services 1.00 8 Microsoft Consulting Services 1.00 9.b Packet Pg. 221 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 22 9.b Packet Pg. 222 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 23 9.b Packet Pg. 223 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 24 EXHIBIT “B” COMPENSATION Twelve (12) Month Annual Pricing per Insight Public Sector EA Monthly Subscription Quote Part Number Item Name Level Purchase Period Pool Product Type Quantity Term Price Extended/Annual Price Enterprise Products AAA- 11849 O365GCCE3 D Non- Specific Servers Monthly Subscriptions- Volume License 715 $208.55 $149,113.25 36 Month Total: $447,339.75 9.b Packet Pg. 224 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All 25 EXHIBIT “C” LICENSE AGREEMENT This will include all related software license agreements for the Application Software and Platform Software, if applicable. 1. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor. 2. Application Software Licensing Provisions 2.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur. 2.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again. 2.3 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing. 3. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aw are of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Updat e, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 9.b Packet Pg. 225 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All San Bernardino - Software Services Agreement - Insight - Final-c1 Final Audit Report 2021-08-31 "San Bernardino - Software Services Agreement - Insight - Final- c1" History Document created by Emily Thompson (emily.thompson@insight.com) 2021-08-31 - 6:17:35 PM GMT- IP address: 50.18.172.16 Document emailed to Lisanne Steinheiser (lisanne.steinheiser@insight.com) for signature 2021-08-31 - 6:19:09 PM GMT Email viewed by Lisanne Steinheiser (lisanne.steinheiser@insight.com) 2021-08-31 - 6:31:10 PM GMT- IP address: 198.187.200.254 Document e-signed by Lisanne Steinheiser (lisanne.steinheiser@insight.com) Signature Date: 2021-08-31 - 6:31:21 PM GMT - Time Source: server- IP address: 198.187.200.254 Agreement completed. 2021-08-31 - 6:31:21 PM GMT Created: By: Status: 2021-08-31 Emily Thompson (emily.thompson@insight.com) Signed Transaction ID: CBJCHBCAABAA-Ymq8WF9yngFIYnn44zTsDzcVBTbmVSg 9.b Packet Pg. 226 Attachment: Attachment 2- Vendor Signed-Insight Public Sector O365 (8508 : Authorization of Software Service Agreement for Office 365 (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-230 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services. Background The City of San Bernardino is working to pay down its unfunded accrued liability with the California Public Employees Retirement System (CalPERS) with a goal of fully funded status as of Fiscal Year 2044/45. Because of the size and complexity of the CalPERS system, CalPERS pension reporting is based on information that is two years old. That means that information that the City is relying on from CalPERS to make decisions today is based on information from June 30, 2019. As of that date, the City had a net pension liability of over $450 million. Considering the significant changes that can happen in two years, including changes at the City like additional hiring and increases to pensionable compensation, or changes at CalPERS, like actuarial assumptions changes, and the recent reduction to the discount rate, this two -year delay makes hiring and compensation decision-making difficult and uncertain. Because it is a priority of the City to reach fully funded status with CalPERS by Fiscal Year 2044/45, staff has been evaluating software that would enable more accurate forecasting of the impact of decisions on the City’s pension liability in real time. Discussion GovInvest is a company dedicated exclusively to forecasting CalPERS pension liability for California cities. They employ former actuaries and other experts who are available to clients to help with forecasting, interpretation of data, and reporting. The information that the GovInvest software will provide during the annual budget process and negotiations with bargaining units will allow staff to better evaluate alternatives and provide Council with more detailed information, to ensure that they can make well- informed decisions with real-time data about the impact on the City’s pension liability. Per the City’s Purchasing Guidelines and Procedures, GovInvest Inc. was selected as a 10 Packet Pg. 227 8525 Page 2 sole source provider as the good or service is provided by only one vendor and this vendor has exclusive rights to the good or service. This software is the only integrated multi-tenant Software as a Service (“SaaS”) solution designed specifically for government pension and analytical reporting. GovInvest is the only manufacturer and distributor of this software. 2020-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 1: Financial Stability by improving pension modeling and forecasting. Fiscal Impact There is no General Fund impact of this action; there i s adequate funding for this agreement in the Fiscal Year 2021/22 Adopted Budget in the Finance Department. No additional appropriation is required. The financial impact to the City is an expense of $19,500 for Fiscal Years 2022 -2024 and a one-time implementation cost of $3,000. FINANCIAL DATA Current Fiscal Year FY 2022/23 FY 2023/24 COST $ 22,500 $ 19,500 $ 19,500 GENERAL FUND SHARE $ 22,500 $ 19,500 $ 19,500 SOURCE OF FUNDS: General Fund Budget Adjustment: No Adequate funds are included in the Adopted Fiscal Year 2021/22 Operating Budget For Fiscal Year: 2021/22 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-230, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services. Attachments Attachment 1 Resolution No. 2021-230 Attachment 2 GovInvest PSA Vendor Signed Agreement Ward: All Synopsis of Previous Council Actions: None 10 Packet Pg. 228 Resolution No. 2021-230 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-230 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GOVINVEST INC. FOR SOFTWARE SERVICES. WHEREAS, the City of San Bernardino has made it a goal to fully fund the City’s net pension liability with the California Public Employees Retirement System (CalPERS); and WHEREAS, CalPERS actuarial reporting has a two-year lag, which creates a significant challenge for hiring and compensation decision-making; and WHEREAS, GovInvest is the only integrated Software-as-a-Service (“SaaS”) solution designed specifically for CalPERS pension forecasting, analysis, and reporting in real-time; and WHEREAS, GovInvest is the only manufacturer and distributor of this software. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager to execute the Professional Services Agreement with GovInvest Inc. for software services, 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. 10.a Packet Pg. 229 Attachment: Attachment 1- Resolution No. 2021-230: GovInvest Services Agreement (8525 : Software Services Agreement with GovInvest, Inc. Resolution No. 2021-230 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 10.a Packet Pg. 230 Attachment: Attachment 1- Resolution No. 2021-230: GovInvest Services Agreement (8525 : Software Services Agreement with GovInvest, Inc. Resolution No. 2021-230 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 10.a Packet Pg. 231 Attachment: Attachment 1- Resolution No. 2021-230: GovInvest Services Agreement (8525 : Software Services Agreement with GovInvest, Inc. 10.bPacket Pg. 232Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 233Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 234Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 235Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 236Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 237Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 238Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 239Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 240Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 241Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 242Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 243Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 244Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 245Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 246Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 247Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 248Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 249Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 250Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 251Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 252Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 253Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 254Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) 10.bPacket Pg. 255Attachment: Attachment 2- GovInvest PSA Vendor Signed Agreement (8525 : Software Services Agreement with GovInvest, Inc. (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 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 August 2021. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for August 19, 2021 $2,466,043.62 Monthly for August 15, 2021 $11,666.69 Total Payroll Demands: $2,477,710.31 The following check registers are being presented for approval: August 12, 2021 2021/22 (Register #6)$1,906,102.23 August 19, 2021 2021/22 (Register #7)$2,858,686.28 August 26, 2021 2021/22 (Register #8)$717,375.24 Total commercial check demands:$5,482,163.75 The following Electronic Funds Transfer (EFT) registers presented for approval: July 23 to July 29, 2021 2021/22 (Register #1134-#1142) $ 31,671,519.31 August 5 to August 6, 2021 2021/22 (Register #1143-#1144) $ 1,071,685.48 Total commercial EFT demands: $ 32,743,204.79 2020-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll 11 Packet Pg. 256 8534 Page 2 disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for August 2021. Attachments Attachment 1 Payroll Summary Report for August 2021 Attachment 2 Commercial checks & Payroll Register #6 Attachment 3 Commercial checks & Payroll Register #7 Attachment 4 Commercial checks & Payroll Register #8 Attachment 5 Commercial EFT Registers #1134-1142 Attachment 6 Commercial EFT Registers #1143-1144 Ward: All 11 Packet Pg. 257 11.a Packet Pg. 258 Attachment: FN. Attachment 1 - Payroll Summary Report August 2021 (8534 : Approval of Commercial and Payroll Disbursements (All Wards)) 11.a Packet Pg. 259 Attachment: FN. Attachment 1 - Payroll Summary Report August 2021 (8534 : Approval of Commercial and Payroll Disbursements (All Wards)) 11.b Packet Pg. 260 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 261 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 262 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 263 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 264 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 265 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 266 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 267 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 268 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 269 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 270 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 271 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 272 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 273 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 274 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.b Packet Pg. 275 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #6 (8534 : Approval of 11.c Packet Pg. 276 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 277 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 278 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 279 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 280 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 281 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 282 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 283 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 284 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 285 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 286 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 287 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 288 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 289 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 290 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 291 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 292 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 293 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.c Packet Pg. 294 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #7 (8534 : Approval of 11.d Packet Pg. 295 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 296 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 297 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 298 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 299 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 300 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 301 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 302 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 303 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 304 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 305 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 306 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.d Packet Pg. 307 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #8 (8534 : Approval of 11.e Packet Pg. 308 Attachment: FN. Attachment 5 - Commercial EFT Registers #1134-1142 (8534 : Approval of Commercial 11.e Packet Pg. 309 Attachment: FN. Attachment 5 - Commercial EFT Registers #1134-1142 (8534 : Approval of Commercial 11.f Packet Pg. 310 Attachment: FN. Attachment 6 - Commercial EFT Registers #1143-1144 (8534 : Approval of Commercial 11.f Packet Pg. 311 Attachment: FN. Attachment 6 - Commercial EFT Registers #1143-1144 (8534 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Resolution to Approve a Contract Amendment with DTA Recommendation Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Financing District (EIFD) related professional services. Background The City of San Bernardino contracted with David Taussig and Associates, In c. (dba DTA) in December 2020, for an initial amount of $25,000 to determine the potential for an Enhanced Infrastructure Financing District (EIFD) based on the availability of tax increment revenue. DTA completed the initial review and determined that an EIFD was feasible, and the City could proceed with a base year of 2023/24, which will require that the City’s Public Finance Authority approve the EIFD formation and submit a Request for Jurisdictional Boundary Change with the State Board of Equalization b y December 1, 2022. An amendment to the December agreement was entered into in June, 2021 for a total not-to exceed amount of $49,000. Discussion To continue work and to ensure that the City can meet the deadlines to form the EIFD, the City is required to conduct public hearings and submit plans to the State Board of Equalization. The Scope of Work of this contract amendment is intended to cover the preparation of an Infrastructure Financing Plan, assistance in the development of a complete parcel list and map preparation, attendance at public hearings, submission of EIFD approvals and documentation to the State Board of Equalization for official certification and other related tasks to assist the City of San Bernardino in the establishment of an EIFD prior to December 1, 2022, in order to establish Fiscal Year 2023/24 as the base fiscal year. This work requires the assistance of a consultant expert in EIFDs in order to ensure that the City meets all applicable deadlines and requirements. During the development of the FY 2021/22 Operating Budget, staff planned for the cost of consulting services for establishing an EIFD and included adequate funding in the Finance Department budget to cover the cost. 12 Packet Pg. 312 8539 Page 2 2020-2025 Key Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1: Financial Stability by securing long-term revenue sources for the City and Key Target No. 4: Economic Growth & Development by leveraging resources to improve the City’s infrastructure and attract development and business to the City. Fiscal Impact The financial impact to the City is an expense of $75,000 for Fiscal Year 2021/22 which was budgeted for in the Finance Department. No additional appropriation is required. This amendment to the contract increases the not-to-exceed amount of the agreement to $124,000. FINANCIAL DATA Current Fiscal Year: FY 2022/23 ongoing COST $ 75,000 $ 0 $ 0 GENERAL FUND SHARE $ 75,000 $ 0 $ 0 SOURCE OF FUNDS: General Fund Budget Adjustment: No This agreement was budgeted for in the Adopted FY 2021/22 Operating Budget For Fiscal Year: 2021/22 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-231, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Financing District (EIFD) related professional services. Attachments Attachment 1 Resolution No. 2021-231 Attachment 2 DTA Agreement, Dec. 7, 2020 Attachment 3 DTA Amendment No. 1, June 15, 2021 Attachment 4 DTA Amendment No. 2, Sept. 15, 2021 Ward: All Synopsis of Previous Council Actions: None 12 Packet Pg. 313 Resolution No. 2021-231 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-231 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DAVID TAUSSIG & ASSOCIATES INC., (DBA “DTA”) FOR ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD) RELATED PROFESSIONAL SERVICES WHEREAS, the City of San Bernardino is considering the possibility of establishing an Enhanced Infrastructure Financing District (EIFD); and WHEREAS, the City previously contracted with DTA to determine the feasibility of an EIFD in the City of San Bernardino; and WHEREAS, to meet the deadlines to form an EIFD with a base year of 2023/24 the City will require assistance with the development of a complete parcel list and map preparation, attendance at public hearings, submission of EIFD approvals and documentation to the State Board of Equalization for official certification and other related tasks. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager to amend the Professional Services Agreement with DTA for Professional Services, 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. 12.a Packet Pg. 314 Attachment: Attachment 1- Resolution 2021-231 DTA Services Agreement [Revision 1] (8539 : Resolution to Approve a Contract Amendment Resolution No. 2021-231 Resolution 2021- Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 12.a Packet Pg. 315 Attachment: Attachment 1- Resolution 2021-231 DTA Services Agreement [Revision 1] (8539 : Resolution to Approve a Contract Amendment Resolution No. 2021-231 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 12.a Packet Pg. 316 Attachment: Attachment 1- Resolution 2021-231 DTA Services Agreement [Revision 1] (8539 : Resolution to Approve a Contract Amendment 12.b Packet Pg. 317 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 318 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 319 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 320 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 321 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 322 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 323 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 324 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 325 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 326 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 327 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 328 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 329 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 330 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 331 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.b Packet Pg. 332 Attachment: Attachment 2- DTA Agreement, Dec. 7, 2020 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.c Packet Pg. 333 Attachment: Attachment 3- DTA Amendment No. 1, June 15, 2021 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.c Packet Pg. 334 Attachment: Attachment 3- DTA Amendment No. 1, June 15, 2021 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.d Packet Pg. 335 Attachment: Attachment 4- DTA Amendment No. 2, Sept. 15, 2021 (8539 : Resolution to Approve a Contract Amendment with DTA) 12.d Packet Pg. 336 Attachment: Attachment 4- DTA Amendment No. 2, Sept. 15, 2021 (8539 : Resolution to Approve a Contract Amendment with DTA) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Reclassification of Budget Officer to Budget Division Manager (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. Background The Budget Officer position has been vacant since January 2021. The position has been posted for hiring; however, the City has been unsuccessful in recruiting qualified candidates for the role. In evaluating the position after the unsuccessful recruitment, the Finance Director determined that the role has expanded beyond the job description of a simple Budget Officer. As the City increases capital investments, grant funding and partnership s with non-profits and other governments, the role of the employee leading the Budget Team becomes more significant and complex. The ideal candidate will lead operating and capital budgeting, short, mid, and long-range forecasting, including pension liability forecasting, grant management and budgeting, work with the City Manager’s Office to establish performance metrics throughout the organization, work with Accounting to ensure internal controls are in place and effective, and provide data analysis for departments, the City Manager’s Office, and the Mayor and City Council for decision - making. Discussion To align the position with the duties and necessary qualifications, and to attract and retain qualified candidates for the City, staff is requesting that the Mayor and City Council replace the existing Budget Officer position with a Budget Division Manager position. The proposed classification specifications will allow potential future employees to have a realistic preview of essential duties and responsi bilities, ensure that prospective candidates have the experience and skills necessary to perform the job effectively, and allow the City to stay competitive within the labor market. (See EXHIBIT A- Proposed Budget Division Manager (U)) 13 Packet Pg. 337 8545 Page 2 Replacing the existing Budget Officer position with a Budget Division Manager position will expand the supervisory responsibilities of the position to include the Grants Manager, for a total of three full-time direct reports and two interns as needed. This change will also help to attract and retain qualified candidates, which is essential in assisting the Finance Department with carrying out essential duties. (See ATTACHMENT 2- Finance Organizational Chart) As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. (See EXHIBIT B- Salary Schedule) 2020-2025 Key Strategic Targets and Goals The request to reclassify the existing Budget Officer position to a Budget Division Manager position aligns with Key Target No. 2b: Focused, Aligned Leadership, and Unified Community - Build a culture that attracts, retains, and motivates the highest quality talent. 13 Packet Pg. 338 8545 Page 3 Fiscal Impact There is no impact on the General Fund for FY 2021/22. Authorizing the reclass ification of the Budget Officer position to a Budget Division Manager position is covered by existing salary savings from the position vacancy. The salary difference between the Budget Officer and the Budget Division Manager is approximately $5,250 annually. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. Attachments Attachment 1 Resolution No. 2021-232 Attachment 2 Finance Organizational Chart Attachment 3 EXHIBIT A- Proposed Budget Division Manager (U) Job Description Attachment 4 EXHIBIT B- Salary Schedule, all positions Ward: All Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council Adopted Resolution No. 2021-138 approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2021/22 and establishing the City’s Appropriations Limit as required by Article XIII of the California State Constitution. 13 Packet Pg. 339 Resolution No. 2021-232 RESOLUTION NO. 2021-232 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE JOB DESCRIPTION FOR BUDGET DIVISION MANAGER (U) AND RECLASSIFICATION OF THE BUDGET OFFICER POSITION TO A BUDGET DIVISION MANAGER (U); AND AMENDING THE CITY- WIDE SALARY SCHEDULE FOR FULL-TIME, PART- TIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, the Budget Officer position has been vacant since January 2021; and WHEREAS, recruitment efforts for qualified candidates have been unsuccessful; and WHEREAS, the role of the Budget team in the City of San Bernardino is becoming more complex and significant with more capital investment, forecasting and performance management; and WHEREAS, to align the Budget leadership position with the duties and necessary qualifications and to attract and retain qualified candidates for the City, Staff is requesting that the Mayor and City Council authorize replacing the Budget Officer position with a Budget Division Manager position; and WHEREAS, replacing the Budget Officer with a Budget Division Manager will ensure that prospective candidates have the experience and skills necessary to perform the job effectively, and allow the City to stay competitive within the labor market; and WHEREAS, the proposed Budget Division Manager (U) will be an unclassified position in the Management & Confidential group; and WHEREAS, the salary schedule includes all adopted and approved classification and corresponding salaries; and WHEREAS, sworn employee compensation will continue to be consistent with the City of San Bernardino Police Department monthly pay rate table including the timing of the pay rates as noted in the document and incorporated into the comprehensive City-wide salary schedule; and WHEREAS, the salary schedule meets the California Public Employees’ Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 13.a Packet Pg. 340 Attachment: ATTACHMENT 1- Resolution No. 2021-232: Budget Div. Mgr. 09.15.2021 [Revision 2] (8545 : Reclassification of Budget Officer to Resolution No. 2021-232 SECTION 2. The classification of Budget Division Manager (U) and job description is attached as Exhibit A is established and approved. SECTION 3. The Budget Officer position is reclassified to a Budget Division Manager (U) position. SECTION 4. The City-wide salary schedule for all City of San Bernardino’s classifications is attached as Exhibit B is approved. 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: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 13.a Packet Pg. 341 Attachment: ATTACHMENT 1- Resolution No. 2021-232: Budget Div. Mgr. 09.15.2021 [Revision 2] (8545 : Reclassification of Budget Officer to Resolution No. 2021-232 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 13.a Packet Pg. 342 Attachment: ATTACHMENT 1- Resolution No. 2021-232: Budget Div. Mgr. 09.15.2021 [Revision 2] (8545 : Reclassification of Budget Officer to ATTACHMENT 2: Finance Department Organizational Chart Finance Director Deputy Director Accounting Technician A/P (2) Payroll Supervisor Payroll Technician Accounting Division Manager Principal Accountant Accountant III Accountant II Treasury Supervisor Accounting Assistant Business Registration Manager Business Reg. Representative (2) Business Reg. Inspector (6) Accounting Technician Procurement Contract Support Division Mgr. Assistant Buyer Budget Division Manager Grant Manager Senior Management Analyst Administrative Analyst IIntern (2) Administrative Assistant 13.b Packet Pg. 343 Attachment: ATTACHMENT 2- Finance Organizational Chart 09.15.2021 (8545 : Reclassification of Budget PROPOSED City of San Bernardino: Budget Division Manager (U) Page 1 of 3 Budget Division Manager (U) Department: Finance Bargaining Unit: Management Salary Range: 608 Date Created: FLSA Status: Exempt Date Modified: 9/2021 Job ID: Position Summary Under general direction from the Director of Finance, leads the development and presentation of the City-wide operating and capital budget; monitors and reports on budget expenditures and overall budget performance; performs a variety of complex short, mid and long-range forecasting and financial analyses, including pension liability forecasting; oversees the City’s grant programs, provides expert professional assistance on budgeting and related matters; works with accounting to ensure internal controls are in place and effective; collaborates with departments across the City to establish and track key performance measures; and performs related duties as assigned. Distinguishing Characteristics The Budget Division Manager (U) performs highly responsible research, analyses and studies on a wide range of management, administrative, financial, policy, legislative and other organization issues in support of the planning and execution of City goals and objectives within broad general policy guidelines. They develop recommendations and oversee consideration of legislative and grant matters before Council committees. The Budget Division Manager (U) is an excellent communicator who can present complex financial information in terms that are easily understood. While they are technically skilled in finance and budget, the Budget Division Manager (U) is committed to exceptional customer service and communicates in a way that makes the budget accessible to everyone. The Budget Division Manager (U) operates with significant autonomy. Assignments are broad in scope and allow for a high degree of administrative discretion in their execution. Job Responsibilities Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may i nclude any of the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are not limited to, the following: • Plans, develops, implements, and administers the City operating and capital budget; directs staff in analyzing departmental budget accounts, develops projections, and formulates recommendations. • Develops estimates of revenues from various sources through economic and trend analysis, and other resources. • Develops short, mid, and long-range forecasts for revenues, expenditures, and pension liability to aid in decision-making. • Conducts analyses of departmental budget proposals, specifically to identify issues and opportunities and develops alternative scenarios to improve service delivery and/or lower costs. 13.c Packet Pg. 344 Attachment: EXHIBIT A- Proposed Budget Division Manager (U) (8545 : Reclassification of Budget Officer to Budget Division Manager (All City of San Bernardino: Budget Division Manager (U) 2 | P a g e • Develops budget guidelines for departments; reviews and evaluates requests to ensure compliance with City policies and procedures and established guidelines; answers questions and provides information and support to departments throughout the budget development process. • Participates in preparation, review, evaluation and monitoring of capital improvement plans and project budgets; directs staff in monitoring and updating operating and capital budgets to reflect budget adjustments and funding changes. • Performs financial analyses and statistical computations for various financial models and cost allocation plans; prepares periodic and ad-hoc financial reports as assigned. • Monitors revenues and expenditures; analyzing trends and making reports and recommendations. • Reviews and analyzes a wide variety of financial records, legislative reports, economic data, and planning/community development activities forecast short, mid and long-term fiscal and economic conditions and trends, and develops recommendations on corrective actions and future planning. • Performs related duties as assigned. Job Requirements Knowledge of – • Principles, practices, and methods of financial, budgetary, administrative, economic, and procedural analysis • Principles and practices of public administration, including purchasing, contracting and maintenance of public records • Principles, practices, methods and techniques of financial analysis and forecasting • Principles, practices and methods of municipal budget development and management • Basic principles, tools and techniques of project planning and management • Federal, state, and local laws, regulations, and court decisions applicable to assigned areas of responsibility • Principles and practices of sound business communication • Uses and operations of computers and standard business software, including word processing, spreadsheet, and database applications Skill in – • Analyzing financial, budgetary, operational, and administrative problems, evaluating alternatives, and reaching sound, logical, fact-based conclusions, and recommendations • Collecting, evaluating, and interpreting complex data, either in statistical or narrative form • Analyzing, interpreting, explaining, and applying relevant laws, regulations, ordinances and budget policies and procedures to City staff • Preparing clear, concise, and comprehensive reports, correspondence and other documents involving technical, budgetary, and financial data in a manner appropriate to the audience • Presenting conclusions and recommendations clearly, logically, and persuasively • Maintaining files, records, and documentation • Exercising independent judgment and initiative within established guidelines • Establishing and maintaining effective working relationships with City managers, staff, representatives of other governmental agencies and others encountered in the course of work Education and Experience: Bachelor’s Degree in Public or Business Administration, Finance or a related field and five years of professional level experience performing government budget and finance analysis; or, an equivalent combination of education, experience and training sufficient to successfully perform the essential duties of the job such as those listed above. 13.c Packet Pg. 345 Attachment: EXHIBIT A- Proposed Budget Division Manager (U) (8545 : Reclassification of Budget Officer to Budget Division Manager (All City of San Bernardino: Budget Division Manager (U) 3 | P a g e A Master's Degree is highly desirable. Previous experience in a complex public sector organization is preferred. Licenses, Certifications, and Equipment: A valid State driver’s license is required. Physical Requirements and Work Environment: Employees work under typical office conditions and the noise level is usually quiet. Employees are regularly required to sit; talk or hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Required to maintain a flexible work schedule in order to provide staff support after normal business hours and weekends, as directed 13.c Packet Pg. 346 Attachment: EXHIBIT A- Proposed Budget Division Manager (U) (8545 : Reclassification of Budget Officer to Budget Division Manager (All ADOPTED 9/15/21 EFFECTIVE 9/15/21 EXHIBIT B CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30012 ACCOUNTANT II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 20013 ACCOUNTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30023 ACCOUNTING ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,210.00 MONTHLY $11,195.00 MONTHLY MANAGEMENT 00861 ACCOUNTING MANAGER (U)554 $7,035.00 MONTHLY $8,552.00 MONTHLY NA 30019 ACCOUNTING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 10848 ADMINISTRATION DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10508 ADMINISTRATIVE ANALYST I (FLEX)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10506 ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10510 ADMINISTRATIVE ANALYST II 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 10507 ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 30709 ADMINISTRATIVE ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 10094 ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,431.00 MONTHLY $4,170.00 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY CONFIDENTIAL 10078 ADMINISTRATIVE SERVICES MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10709 ADMINISTRATIVE SERVICES OFFICER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 20457 ADMINISTRATIVE SERVICES SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20332 ANIMAL CONTROL MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30111 ANIMAL CONTROL OFFICER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 00013 ANIMAL LICENSE CHECKER NA $14.00 HOURLY $14.00 HOURLY NA 20339 ANIMAL LICENSE OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 20338 ANIMAL SHELTER KENNEL SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 20335 ANIMAL SHELTER OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 10619 APPLICATIONS DEVELOPMENT MANAGER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 00300 APPRENTICE NA $14.00 HOURLY $22.00 HOURLY NA 20620 AQUATICS SUPERVISOR 468 $4,581.00 MONTHLY $5,569.00 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,230.00 MONTHLY $5,142.00 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10146 ASSISTANT CITY ATTORNEY (U)640 $10,804.00 MONTHLY $13,132.00 MONTHLY MANAGEMENT 10390 ASSISTANT CITY CLERK (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $14,941.00 MONTHLY $18,159.00 MONTHLY MANAGEMENT City of San Bernardino Salary Schedule 13.d Packet Pg. 347 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (GRANT FUNDED)384 $3,013.00 MONTHLY $3,663.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $4,864.00 MONTHLY $5,912.00 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR NA $30.00 HOURLY $35.00 HOURLY NA PENDING BUDGET DIVISION MANAGER (U)608 $9,210.00 MONTHLY $11,195.00 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10116 BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30599 BUSINESS REGISTRATION REPRESENTATIVE 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 20271 BUYER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 376 $2,896.00 MONTHLY $3,520.00 MONTHLY GENERAL 30640 CEMETERY SERVICES SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10145 CHIEF ASSISTANT CITY ATTORNEY (U)685 $13,522.00 MONTHLY $16,436.00 MONTHLY MANAGEMENT 10501 CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 10398 CHIEF DEPUTY CITY CLERK (U)553 $7,000.00 MONTHLY $8,509.00 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE P7 $23,260.00 MONTHLY $23,260.00 MONTHLY MANAGEMENT 10382 CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL 10383 CITY ATTORNEY INVESTIGATOR (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL 10399 CITY CLERK (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY NA 10158 CIVIL ENGINEER P.E.550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30460 CODE ENFORCEMENT OFFICER III 495 $5,242.00 MONTHLY $6,372.00 MONTHLY GENERAL 30451 CODE ENFORCEMENT PROCESSING ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL 30132 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 19 13.d Packet Pg. 348 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 30752 COMMUNITY ENGAGEMENT SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 10113 COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 30755 COMMUNITY SERVICES OFFICER I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30757 COMMUNITY SERVICES OFFICER II 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30571 CONSTRUCTION INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30573 CONSTRUCTION INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30574 CONSTRUCTION INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 30635 COORDINATOR OF VOLUNTEERS (GRANT FUNDED)341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30603 CRIME ANALYST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 415 $3,517.00 MONTHLY $4,275.00 MONTHLY GENERAL 00054 CUSTODIAL AIDE NA $14.00 HOURLY $14.00 HOURLY NA 20611 CUSTODIAL MAINTENANCE SUPERVISOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,065.00 MONTHLY $4,941.00 MONTHLY GENERAL 30010 DEPARTMENTAL ACCOUNTING TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10651 DEPUTY CITY ATTORNEY I (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY CONFIDENTIAL 10661 DEPUTY CITY ATTORNEY II (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 10659 DEPUTY CITY ATTORNEY III (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY CONFIDENTIAL 10658 DEPUTY CITY ATTORNEY IV (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY CONFIDENTIAL 10663 DEPUTY CITY CLERK (U)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 10157 DEPUTY CITY ENGINEER 600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,255.00 MONTHLY $16,112.00 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)637 $10,643.00 MONTHLY $12,937.00 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,075.00 MONTHLY $10,590.00 MONTHLY POLICE SAFETY SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 19 13.d Packet Pg. 349 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10711 DIRECTOR OF FINANCE (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10126 ECONOMIC DEVELOPMENT ANALYST (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30841 ELECTRICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,432.00 MONTHLY $9,034.00 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,105.00 MONTHLY $4,990.00 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30439 ENVIRONMENTAL PROJECT SPECIALIST 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20024 EQUIPMENT MAINTENANCE MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10981 EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER NA $14.00 HOURLY $14.00 HOURLY NA 10939 FACILITIES AND FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30513 FLEET FABRICATION WELDER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20940 FLEET OPERATIONS COORDINATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30506 FLEET PARTS STOREKEEPER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 19 13.d Packet Pg. 350 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10940 FLEET SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 00259 FOOD SERVICE PROGRAM SPECIALIST NA $14.00 HOURLY $15.23 HOURLY NA 20066 FOOD SERVICE SUPERVISOR II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20167 FORENSICS SPECIALIST III 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20160 FORENSICS SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $6,627.00 MONTHLY $8,055.00 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $4,768.00 MONTHLY $5,796.00 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,538.00 MONTHLY $6,731.00 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,136.00 MONTHLY $3,812.00 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30112 HEAVY EQUIPMENT OPERATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,106.00 MONTHLY $8,637.00 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 30207 HUMAN RESOURCES TECHNICIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20994 IEMG BROADCAST ENGINEERING COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 00355 IEMG/CATV PROGRAMMING/TRAFFIC ASSISTANT NA $14.03 HOURLY $17.05 HOURLY NA 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10389 INFORMATION TECHNOLOGY TECHNICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 30982 INTEGRATED WASTE FIELD INSPECTOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30637 LANDSCAPE INSPECTOR I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30636 LANDSCAPE INSPECTOR II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.09 HOURLY $32.09 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $3,925.00 MONTHLY $4,771.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30490 LEAD MAINTENANCE WORKER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30593 LEAD PARK CONSTRUCTION AND MAINTENANCE WORKER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30592 LEAD PARKS MAINTENANCE WORKER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30897 LEAD STREET SIGN WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL 10322 LEGAL SECRETARY I (FLEX)(U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 19 13.d Packet Pg. 351 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10323 LEGAL SECRETARY II (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 00210 LEGISLATIVE FIELD REPRESENTATIVE (U)426 $3,716.00 MONTHLY $4,516.00 MONTHLY NA 30335 LIBRARIAN I (FLEX)440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30366 LIBRARIAN II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30384 LIBRARY ADMIN TECHNICIAN/WEBMASTER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10412 LIBRARY ADMINISTRATIVE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30341 LIBRARY ASSISTANT 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 20384 LIBRARY BRANCH MANAGER I 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20214 LIBRARY BRANCH MANAGER II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 20388 LIBRARY CIRCULATION SUPERVISOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY MIDDLE MANAGEMENT 30255 LIBRARY COMPUTER LAB COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10401 LIBRARY DIRECTOR (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 10410 LIBRARY IT MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30373 LIBRARY NETWORK ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 00361 LIBRARY PAGE NA $14.00 HOURLY $14.54 HOURLY NA 20387 LIBRARY PROGRAM COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 20337 LIBRARY TECHNICAL SERVICES SUPERVISOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 00133 LIFEGUARD NA $15.13 HOURLY $16.68 HOURLY NA 30215 LITERACY PROGRAM COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10110 MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10112 MANAGER OF COMMUNICATIONS 620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 00502 MAYOR NA $8,909.71 MONTHLY $8,909.71 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 30522 MESSENGER 341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL 10117 NEIGHBORHOOD AND CUSTOMER SERVICE OPERATIONS MANAGER (U)551 $6,931.00 MONTHLY $8,425.00 MONTHLY MANAGEMENT 10115 NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10635 NETWORK SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 20550 NPDES COORDINATOR 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 30425 NPDES INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30426 NPDES INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30711 OFFICE ASSISTANT 350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL 10109 OFFICE ASSISTANT (U)350 $2,543.00 MONTHLY $3,092.00 MONTHLY CONFIDENTIAL 10868 OPERATIONS AND MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 517 $5,850.00 MONTHLY $7,111.00 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 19 13.d Packet Pg. 352 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10640 PARKS MAINTENANCE DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30632 PARKS MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10641 PARKS SUPERINTENDENT (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10069 PAYROLL MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT 10064 PAYROLL SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)581 $8,050.00 MONTHLY $9,784.00 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30682 PLANS EXAMINER II 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 30481 PLUMBER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 00192 POLICE CADET NA $14.50 HOURLY $16.50 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20331 POLICE COMMUNICATIONS MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30767 POLICE DISPATCHER I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY POLICE DISPATCHER 30768 POLICE DISPATCHER II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $6,954.00 MONTHLY $9,287.00 MONTHLY POLICE SAFETY 20780 POLICE PERSONNEL AND TRAINING MANAGER 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 20761 POLICE RECORDS MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 20765 POLICE RECORDS SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,138.00 MONTHLY $11,967.00 MONTHLY POLICE SAFETY 30217 POLICE TRAINING COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30194 POLICE TRANSCRIBER 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 30585 POOL MAINTENANCE COORDINATOR 416 $3,535.00 MONTHLY $4,297.00 MONTHLY GENERAL 00331 POOL MANAGER I NA $19.02 HOURLY $20.97 HOURLY NA 00333 POOL MANAGER II NA $20.58 HOURLY $22.69 HOURLY NA 20019 PRINCIPAL ACCOUNTANT 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10670 PRINCIPAL LIBRARIAN 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10864 PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)598 $8,762.00 MONTHLY $10,650.00 MONTHLY MANAGEMENT 10446 PROFESSIONAL LAND SURVEYOR PLS 546 $6,760.00 MONTHLY $8,217.00 MONTHLY MANAGEMENT 30975 PROGRAM MANAGER RSVP 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30976 PROGRAM MANAGER SCP 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 7 of 19 13.d Packet Pg. 353 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10131 PROJECT MANAGER OF HOUSING PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20166 PROPERTY EVIDENCE AND SUPPLY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 30800 PUBLIC AFFAIRS SPECIALIST 449 $4,167.00 MONTHLY $5,065.00 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $8,546.00 MONTHLY $10,388.00 MONTHLY MANAGEMENT 10621 PUBLIC SAFETY IT MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30900 PUMP MECHANIC 454 $4,273.00 MONTHLY $5,193.00 MONTHLY GENERAL 30770 RANGEMASTER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE NA $14.00 HOURLY $15.44 HOURLY NA 10403 RECREATION COMMUNITY SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 00244 RECREATION LEADER NA $14.59 HOURLY $16.09 HOURLY NA 00257 RECREATION SPECIALIST - FOOD SERVICE NA $16.90 HOURLY $18.63 HOURLY NA 00254 RECREATION SPECIALIST - SOCIAL AND CULTURAL NA $16.90 HOURLY $18.63 HOURLY NA 00255 RECREATION SPECIALIST - SPORTS AND ATHLETICS NA $16.90 HOURLY $18.63 HOURLY NA 00206 RECREATION SPECIALIST - THEATRE TECHNICIAN NA $16.90 HOURLY $18.63 HOURLY NA 00258 RECREATION SPECIALIST - THERAPUETICS NA $16.90 HOURLY $18.63 HOURLY NA 00256 RECREATION SUPERVISOR (AQUATICS) NA $26.36 HOURLY $32.04 HOURLY NA 30825 RECREATION THERAPIST 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30568 REPROGRAPHICS AND MAIL TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 30721 SB DIRECT CALL TAKER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30722 SB DIRECT CALL TAKER (BILINGUAL)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 00270 SECURITY GUARD NA $14.00 HOURLY $14.00 HOURLY NA 00263 SECURITY OFFICER NA $18.36 HOURLY $18.36 HOURLY NA 00265 SECURITY OFFICER II NA $20.40 HOURLY $20.40 HOURLY NA 10511 SENIOR ADMINISTRATIVE ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,428.00 MONTHLY $6,598.00 MONTHLY GENERAL 30600 SENIOR BUSINESS REGISTRATION REPRESENTATIVE 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 10181 SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)597 $8,718.00 MONTHLY $10,597.00 MONTHLY MANAGEMENT 20446 SENIOR CODE ENFORCEMENT OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)400 $3,264.00 MONTHLY $3,967.00 MONTHLY CONFIDENTIAL 30223 SENIOR CUSTOMER SERVICE REPRESENTATIVE/DISPATCHER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10653 SENIOR DEPUTY CITY ATTORNEY (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 8 of 19 13.d Packet Pg. 354 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10067 SENIOR FINANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 20213 SENIOR LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30393 SENIOR LIBRARY TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 00283 SENIOR LIFEGUARD NA $17.19 HOURLY $18.95 HOURLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,106.00 MONTHLY $8,637.00 MONTHLY MANAGEMENT 10527 SENIOR NETWORK ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 10636 SENIOR NETWORK SPECIALIST 490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)370 $2,810.00 MONTHLY $3,416.00 MONTHLY CONFIDENTIAL 30582 SENIOR PARKING ENFORCEMENT OFFICER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 20243 SENIOR PLANNER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 20245 SENIOR PLANS EXAMINER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER NA $15.28 HOURLY $16.85 HOURLY NA 30720 SENIOR SB DIRECT CALL TAKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30177 SENIOR SURVEY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20483 SEWER MAINTENANCE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30494 SEWER MAINTENANCE WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30898 STREET SIGN WORKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20369 STREET SIGNAL AND LIGHTING SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN NA $14.00 HOURLY $22.00 HOURLY NA 20116 SUPERVISING ANIMAL CONTROL OFFICER 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20450 SUPERVISING CODE ENFORCEMENT OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 20614 SUPERVISING CUSTODIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY MIDDLE MANAGEMENT 20422 SURVEY SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30175 SURVEY TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30176 SURVEY TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20336 TECHNOLOGY LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 20990 TELECOMMUNICATIONS COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 30437 TIRE MAINTENANCE MECHANIC 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 10443 TRAFFIC ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 490 $5,113.00 MONTHLY $6,215.00 MONTHLY GENERAL 30667 TREASURY ASSISTANT 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 20666 TREASURY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 9 of 19 13.d Packet Pg. 355 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget ADOPTED 9/15/21 EFFECTIVE 9/15/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 20485 TREE TRIMMER SUPERVISOR/ARBORIST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30000 WEED ABATEMENT COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/22 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2021- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 10 of 19 13.d Packet Pg. 356 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 326 2256 2279 2302 2324 2347 2369 2393 2417 2440 2464 2488 2513 2538 2562 2587 2612 2638 2664 2691 2717 2743 327 2268 2290 2313 2336 2358 2381 2405 2429 2453 2476 2500 2525 2550 2575 2600 2625 2651 2678 2704 2730 2756 328 2279 2302 2325 2347 2370 2393 2417 2441 2465 2489 2513 2538 2563 2588 2613 2638 2665 2691 2718 2744 2770 329 2291 2313 2336 2359 2382 2405 2429 2453 2477 2501 2525 2551 2576 2601 2626 2652 2678 2705 2731 2758 2784 330 2302 2325 2348 2371 2394 2417 2441 2465 2490 2514 2538 2563 2589 2614 2639 2665 2691 2718 2745 2771 2798 331 2313 2337 2360 2383 2406 2429 2453 2478 2502 2526 2551 2576 2602 2627 2653 2678 2705 2732 2758 2785 2812 332 2325 2348 2372 2395 2418 2441 2466 2490 2515 2539 2563 2589 2615 2640 2666 2692 2718 2745 2772 2799 2826 333 2337 2360 2383 2407 2430 2454 2478 2503 2527 2552 2576 2602 2628 2653 2679 2705 2732 2759 2786 2813 2840 334 2348 2372 2395 2419 2442 2466 2490 2515 2540 2564 2589 2615 2641 2667 2693 2719 2746 2773 2800 2827 2854 335 2360 2384 2407 2431 2454 2478 2503 2528 2552 2577 2602 2628 2654 2680 2706 2732 2759 2787 2814 2841 2869 336 2372 2396 2419 2443 2467 2490 2515 2540 2565 2590 2615 2641 2667 2693 2720 2746 2773 2801 2828 2856 2883 337 2384 2408 2431 2455 2479 2503 2528 2553 2578 2603 2628 2654 2681 2707 2733 2759 2787 2815 2842 2870 2897 338 2396 2420 2444 2468 2492 2515 2541 2566 2591 2616 2641 2668 2694 2720 2747 2773 2801 2829 2856 2884 2912 339 2408 2432 2456 2480 2504 2528 2553 2579 2604 2629 2654 2681 2708 2734 2761 2787 2815 2843 2871 2899 2927 340 2420 2444 2468 2492 2516 2541 2566 2591 2617 2642 2668 2694 2721 2748 2774 2801 2829 2857 2885 2913 2941 341 2432 2456 2480 2505 2529 2553 2579 2604 2630 2656 2681 2708 2735 2761 2788 2815 2843 2871 2900 2928 2956 342 2444 2468 2493 2517 2542 2566 2592 2617 2643 2669 2694 2721 2748 2775 2802 2829 2857 2886 2914 2942 2971 343 2456 2481 2505 2530 2554 2579 2605 2631 2656 2682 2708 2735 2762 2789 2816 2843 2872 2900 2929 2957 2986 344 2468 2493 2518 2543 2567 2592 2618 2644 2670 2696 2721 2749 2776 2803 2830 2858 2886 2915 2943 2972 3000 345 2481 2506 2530 2555 2580 2605 2631 2657 2683 2709 2735 2762 2790 2817 2844 2872 2901 2929 2958 2987 3015 346 2493 2518 2543 2568 2593 2618 2644 2670 2696 2723 2749 2776 2804 2831 2859 2886 2915 2944 2973 3002 3030 347 2506 2531 2556 2581 2606 2631 2657 2684 2710 2736 2762 2790 2818 2845 2873 2901 2930 2959 2988 3017 3046 348 2518 2543 2569 2594 2619 2644 2671 2697 2723 2750 2776 2804 2832 2860 2887 2915 2944 2973 3003 3032 3061 349 2531 2556 2581 2607 2632 2657 2684 2710 2737 2764 2790 2818 2846 2874 2902 2930 2959 2988 3018 3047 3076 350 2543 2569 2594 2620 2645 2671 2697 2724 2751 2777 2804 2832 2860 2888 2916 2944 2974 3003 3033 3062 3092 351 2556 2582 2607 2633 2658 2684 2711 2738 2764 2791 2818 2846 2875 2903 2931 2959 2989 3018 3048 3077 3107 352 2569 2595 2620 2646 2672 2697 2724 2751 2778 2805 2832 2861 2889 2917 2946 2974 3004 3033 3063 3093 3123 353 2582 2608 2633 2659 2685 2711 2738 2765 2792 2819 2846 2875 2903 2932 2960 2989 3019 3048 3078 3108 3138 354 2595 2621 2647 2673 2698 2724 2752 2779 2806 2833 2861 2889 2918 2946 2975 3004 3034 3064 3094 3124 3154 355 2608 2634 2660 2686 2712 2738 2765 2793 2820 2848 2875 2904 2932 2961 2990 3019 3049 3079 3109 3139 3170 356 2621 2647 2673 2699 2726 2752 2779 2807 2834 2862 2889 2918 2947 2976 3005 3034 3064 3094 3125 3155 3185 357 2634 2660 2686 2713 2739 2765 2793 2821 2848 2876 2904 2933 2962 2991 3020 3049 3079 3110 3140 3171 3201 358 2647 2673 2700 2726 2753 2779 2807 2835 2863 2890 2918 2947 2977 3006 3035 3064 3095 3125 3156 3187 3217 359 2660 2687 2713 2740 2767 2793 2821 2849 2877 2905 2933 2962 2992 3021 3050 3080 3110 3141 3172 3203 3233 360 2673 2700 2727 2754 2780 2807 2835 2863 2891 2919 2948 2977 3006 3036 3065 3095 3126 3157 3188 3219 3250 361 2687 2714 2741 2767 2794 2821 2849 2878 2906 2934 2962 2992 3022 3051 3081 3110 3141 3173 3204 3235 3266 362 2700 2727 2754 2781 2808 2835 2864 2892 2920 2949 2977 3007 3037 3066 3096 3126 3157 3188 3220 3251 3282 363 2714 2741 2768 2795 2822 2849 2878 2906 2935 2963 2992 3022 3052 3082 3112 3142 3173 3204 3236 3267 3299 364 2727 2755 2782 2809 2836 2864 2892 2921 2950 2978 3007 3037 3067 3097 3127 3157 3189 3220 3252 3284 3315 365 2741 2768 2796 2823 2851 2878 2907 2936 2964 2993 3022 3052 3082 3113 3143 3173 3205 3237 3268 3300 3332 366 2755 2782 2810 2837 2865 2892 2921 2950 2979 3008 3037 3067 3098 3128 3159 3189 3221 3253 3285 3316 3348 367 2768 2796 2824 2852 2879 2907 2936 2965 2994 3023 3052 3083 3113 3144 3174 3205 3237 3269 3301 3333 3365 368 2782 2810 2838 2866 2894 2921 2951 2980 3009 3038 3068 3098 3129 3160 3190 3221 3253 3285 3318 3350 3382 369 2796 2824 2852 2880 2908 2936 2965 2995 3024 3053 3083 3114 3144 3175 3206 3237 3269 3302 3334 3366 3399 370 2810 2838 2866 2895 2923 2951 2980 3010 3039 3069 3098 3129 3160 3191 3222 3253 3286 3318 3351 3383 3416 371 2824 2852 2881 2909 2937 2965 2995 3025 3054 3084 3114 3145 3176 3207 3238 3269 3302 3335 3368 3400 3433 372 2838 2867 2895 2924 2952 2980 3010 3040 3070 3100 3129 3161 3192 3223 3254 3286 3319 3351 3384 3417 3450 373 2853 2881 2910 2938 2967 2995 3025 3055 3085 3115 3145 3176 3208 3239 3271 3302 3335 3368 3401 3434 3467 374 2867 2895 2924 2953 2981 3010 3040 3070 3100 3131 3161 3192 3224 3255 3287 3319 3352 3385 3418 3451 3485 11 of 19 13.d Packet Pg. 357 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 375 2881 2910 2939 2968 2996 3025 3055 3086 3116 3146 3176 3208 3240 3272 3304 3335 3369 3402 3435 3469 3502 376 2896 2925 2953 2982 3011 3040 3071 3101 3132 3162 3192 3224 3256 3288 3320 3352 3386 3419 3453 3486 3520 377 2910 2939 2968 2997 3026 3056 3086 3117 3147 3178 3208 3240 3272 3305 3337 3369 3402 3436 3470 3503 3537 378 2925 2954 2983 3012 3042 3071 3102 3132 3163 3194 3224 3257 3289 3321 3353 3386 3419 3453 3487 3521 3555 379 2939 2969 2998 3027 3057 3086 3117 3148 3179 3210 3240 3273 3305 3338 3370 3403 3437 3471 3505 3539 3573 380 2954 2983 3013 3043 3072 3102 3133 3164 3195 3226 3257 3289 3322 3354 3387 3420 3454 3488 3522 3556 3591 381 2969 2998 3028 3058 3087 3117 3148 3179 3211 3242 3273 3306 3338 3371 3404 3437 3471 3505 3540 3574 3608 382 2984 3013 3043 3073 3103 3133 3164 3195 3227 3258 3289 3322 3355 3388 3421 3454 3488 3523 3557 3592 3627 383 2998 3028 3058 3088 3118 3148 3180 3211 3243 3274 3306 3339 3372 3405 3438 3471 3506 3540 3575 3610 3645 384 3013 3044 3074 3104 3134 3164 3196 3227 3259 3291 3322 3356 3389 3422 3455 3488 3523 3558 3593 3628 3663 385 3029 3059 3089 3119 3150 3180 3212 3244 3275 3307 3339 3372 3406 3439 3472 3506 3541 3576 3611 3646 3681 386 3044 3074 3105 3135 3165 3196 3228 3260 3292 3324 3356 3389 3423 3456 3490 3523 3559 3594 3629 3664 3700 387 3059 3089 3120 3151 3181 3212 3244 3276 3308 3340 3372 3406 3440 3474 3507 3541 3576 3612 3647 3683 3718 388 3074 3105 3136 3166 3197 3228 3260 3292 3325 3357 3389 3423 3457 3491 3525 3559 3594 3630 3665 3701 3737 389 3090 3120 3151 3182 3213 3244 3276 3309 3341 3374 3406 3440 3474 3508 3542 3577 3612 3648 3684 3720 3755 390 3105 3136 3167 3198 3229 3260 3293 3325 3358 3391 3423 3457 3492 3526 3560 3594 3630 3666 3702 3738 3774 391 3120 3152 3183 3214 3245 3277 3309 3342 3375 3408 3440 3475 3509 3544 3578 3612 3648 3685 3721 3757 3793 392 3136 3167 3199 3230 3262 3293 3326 3359 3392 3425 3458 3492 3527 3561 3596 3630 3667 3703 3739 3776 3812 393 3152 3183 3215 3246 3278 3309 3342 3376 3409 3442 3475 3510 3544 3579 3614 3649 3685 3722 3758 3795 3831 394 3168 3199 3231 3263 3294 3326 3359 3392 3426 3459 3492 3527 3562 3597 3632 3667 3703 3740 3777 3813 3850 395 3183 3215 3247 3279 3311 3343 3376 3409 3443 3476 3510 3545 3580 3615 3650 3685 3722 3759 3796 3833 3869 396 3199 3231 3263 3295 3327 3359 3393 3426 3460 3494 3527 3562 3598 3633 3668 3704 3741 3778 3815 3852 3889 397 3215 3247 3280 3312 3344 3376 3410 3444 3477 3511 3545 3580 3616 3651 3687 3722 3759 3797 3834 3871 3908 398 3231 3264 3296 3328 3361 3393 3427 3461 3495 3529 3563 3598 3634 3669 3705 3741 3778 3816 3853 3890 3928 399 3248 3280 3312 3345 3377 3410 3444 3478 3512 3546 3580 3616 3652 3688 3724 3759 3797 3835 3872 3910 3947 400 3264 3296 3329 3362 3394 3427 3461 3496 3530 3564 3598 3634 3670 3706 3742 3778 3816 3854 3892 3929 3967 401 3280 3313 3346 3378 3411 3444 3479 3513 3547 3582 3616 3652 3689 3725 3761 3797 3835 3873 3911 3949 3987 402 3296 3329 3362 3395 3428 3461 3496 3531 3565 3600 3634 3671 3707 3743 3780 3816 3854 3892 3931 3969 4007 403 3313 3346 3379 3412 3445 3479 3513 3548 3583 3618 3653 3689 3726 3762 3799 3835 3874 3912 3950 3989 4027 404 3330 3363 3396 3429 3463 3496 3531 3566 3601 3636 3671 3708 3744 3781 3818 3854 3893 3931 3970 4009 4047 405 3346 3380 3413 3447 3480 3513 3549 3584 3619 3654 3689 3726 3763 3800 3837 3874 3912 3951 3990 4029 4067 406 3363 3397 3430 3464 3497 3531 3566 3602 3637 3672 3708 3745 3782 3819 3856 3893 3932 3971 4010 4049 4088 407 3380 3414 3447 3481 3515 3549 3584 3620 3655 3691 3726 3763 3801 3838 3875 3912 3952 3991 4030 4069 4108 408 3397 3431 3465 3499 3532 3566 3602 3638 3673 3709 3745 3782 3820 3857 3895 3932 3971 4011 4050 4089 4129 409 3414 3448 3482 3516 3550 3584 3620 3656 3692 3728 3763 3801 3839 3876 3914 3952 3991 4031 4070 4110 4149 410 3431 3465 3499 3534 3568 3602 3638 3674 3710 3746 3782 3820 3858 3896 3934 3971 4011 4051 4091 4130 4170 411 3448 3482 3517 3551 3586 3620 3656 3693 3729 3765 3801 3839 3877 3915 3953 3991 4031 4071 4111 4151 4191 412 3465 3500 3534 3569 3604 3638 3675 3711 3747 3784 3820 3858 3897 3935 3973 4011 4051 4091 4132 4172 4212 413 3482 3517 3552 3587 3622 3657 3693 3730 3766 3803 3839 3878 3916 3955 3993 4031 4072 4112 4152 4193 4233 414 3500 3535 3570 3605 3640 3675 3712 3748 3785 3822 3859 3897 3936 3974 4013 4051 4092 4132 4173 4214 4254 415 3517 3552 3588 3623 3658 3693 3730 3767 3804 3841 3878 3917 3955 3994 4033 4072 4112 4153 4194 4235 4275 416 3535 3570 3606 3641 3676 3712 3749 3786 3823 3860 3897 3936 3975 4014 4053 4092 4133 4174 4215 4256 4297 417 3553 3588 3624 3659 3695 3730 3767 3805 3842 3879 3917 3956 3995 4034 4073 4113 4154 4195 4236 4277 4318 418 3570 3606 3642 3677 3713 3749 3786 3824 3861 3899 3936 3976 4015 4054 4094 4133 4174 4216 4257 4298 4340 419 3588 3624 3660 3696 3732 3768 3805 3843 3881 3918 3956 3996 4035 4075 4114 4154 4195 4237 4278 4320 4361 420 3606 3642 3678 3714 3750 3786 3824 3862 3900 3938 3976 4016 4055 4095 4135 4175 4216 4258 4300 4342 4383 421 3624 3660 3697 3733 3769 3805 3843 3881 3920 3958 3996 4036 4076 4115 4155 4195 4237 4279 4321 4363 4405 422 3642 3679 3715 3752 3788 3824 3863 3901 3939 3977 4016 4056 4096 4136 4176 4216 4259 4301 4343 4385 4427 423 3660 3697 3734 3770 3807 3843 3882 3920 3959 3997 4036 4076 4116 4157 4197 4237 4280 4322 4365 4407 4449 12 of 19 13.d Packet Pg. 358 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 424 3679 3716 3752 3789 3826 3863 3901 3940 3979 4017 4056 4096 4137 4178 4218 4259 4301 4344 4386 4429 4472 425 3697 3734 3771 3808 3845 3882 3921 3960 3998 4037 4076 4117 4158 4198 4239 4280 4323 4366 4408 4451 4494 426 3716 3753 3790 3827 3864 3901 3940 3979 4018 4057 4097 4137 4178 4219 4260 4301 4344 4387 4430 4473 4516 427 3734 3772 3809 3846 3884 3921 3960 3999 4039 4078 4117 4158 4199 4241 4282 4323 4366 4409 4453 4496 4539 428 3753 3790 3828 3865 3903 3941 3980 4019 4059 4098 4138 4179 4220 4262 4303 4344 4388 4431 4475 4518 4562 429 3772 3809 3847 3885 3923 3960 4000 4039 4079 4119 4158 4200 4241 4283 4325 4366 4410 4453 4497 4541 4584 430 3791 3828 3866 3904 3942 3980 4020 4060 4099 4139 4179 4221 4263 4304 4346 4388 4432 4476 4520 4564 4607 431 3809 3848 3886 3924 3962 4000 4040 4080 4120 4160 4200 4242 4284 4326 4368 4410 4454 4498 4542 4586 4630 432 3829 3867 3905 3943 3982 4020 4060 4100 4141 4181 4221 4263 4305 4348 4390 4432 4476 4521 4565 4609 4654 433 3848 3886 3925 3963 4002 4040 4080 4121 4161 4202 4242 4284 4327 4369 4412 4454 4499 4543 4588 4632 4677 434 3867 3906 3944 3983 4022 4060 4101 4141 4182 4223 4263 4306 4349 4391 4434 4476 4521 4566 4611 4655 4700 435 3886 3925 3964 4003 4042 4081 4121 4162 4203 4244 4285 4327 4370 4413 4456 4499 4544 4589 4634 4679 4724 436 3906 3945 3984 4023 4062 4101 4142 4183 4224 4265 4306 4349 4392 4435 4478 4521 4567 4612 4657 4702 4747 437 3925 3964 4004 4043 4082 4121 4163 4204 4245 4286 4328 4371 4414 4457 4501 4544 4589 4635 4680 4726 4771 438 3945 3984 4024 4063 4103 4142 4183 4225 4266 4308 4349 4393 4436 4480 4523 4567 4612 4658 4704 4749 4795 439 3965 4004 4044 4083 4123 4163 4204 4246 4288 4329 4371 4415 4458 4502 4546 4589 4635 4681 4727 4773 4819 440 3984 4024 4064 4104 4144 4184 4225 4267 4309 4351 4393 4437 4481 4525 4568 4612 4659 4705 4751 4797 4843 441 4004 4044 4084 4124 4164 4204 4247 4289 4331 4373 4415 4459 4503 4547 4591 4635 4682 4728 4775 4821 4867 442 4024 4065 4105 4145 4185 4226 4268 4310 4352 4395 4437 4481 4526 4570 4614 4659 4705 4752 4798 4845 4892 443 4044 4085 4125 4166 4206 4247 4289 4332 4374 4417 4459 4504 4548 4593 4637 4682 4729 4776 4822 4869 4916 444 4065 4105 4146 4187 4227 4268 4311 4353 4396 4439 4481 4526 4571 4616 4661 4705 4752 4799 4846 4894 4941 445 4085 4126 4167 4208 4248 4289 4332 4375 4418 4461 4504 4549 4594 4639 4684 4729 4776 4823 4871 4918 4965 446 4105 4146 4187 4229 4270 4311 4354 4397 4440 4483 4526 4571 4617 4662 4707 4752 4800 4848 4895 4943 4990 447 4126 4167 4208 4250 4291 4332 4376 4419 4462 4506 4549 4594 4640 4685 4731 4776 4824 4872 4920 4967 5015 448 4147 4188 4229 4271 4312 4354 4397 4441 4484 4528 4572 4617 4663 4709 4754 4800 4848 4896 4944 4992 5040 449 4167 4209 4251 4292 4334 4376 4419 4463 4507 4551 4594 4640 4686 4732 4778 4824 4872 4921 4969 5017 5065 450 4188 4230 4272 4314 4356 4398 4442 4485 4529 4573 4617 4664 4710 4756 4802 4848 4897 4945 4994 5042 5091 451 4209 4251 4293 4335 4377 4420 4464 4508 4552 4596 4640 4687 4733 4780 4826 4873 4921 4970 5019 5067 5116 452 4230 4272 4315 4357 4399 4442 4486 4530 4575 4619 4664 4710 4757 4804 4850 4897 4946 4995 5044 5093 5142 453 4251 4294 4336 4379 4421 4464 4508 4553 4598 4642 4687 4734 4781 4828 4874 4921 4971 5020 5069 5118 5167 454 4273 4315 4358 4401 4443 4486 4531 4576 4621 4666 4710 4758 4805 4852 4899 4946 4995 5045 5094 5144 5193 455 4294 4337 4380 4423 4466 4509 4554 4599 4644 4689 4734 4781 4829 4876 4923 4971 5020 5070 5120 5170 5219 456 4315 4358 4402 4445 4488 4531 4576 4622 4667 4712 4758 4805 4853 4900 4948 4996 5046 5095 5145 5195 5245 457 4337 4380 4424 4467 4510 4554 4599 4645 4690 4736 4781 4829 4877 4925 4973 5021 5071 5121 5171 5221 5272 458 4359 4402 4446 4489 4533 4577 4622 4668 4714 4760 4805 4853 4901 4950 4998 5046 5096 5147 5197 5247 5298 459 4380 4424 4468 4512 4556 4599 4645 4691 4737 4783 4829 4878 4926 4974 5023 5071 5122 5172 5223 5274 5324 460 4402 4446 4490 4534 4578 4622 4669 4715 4761 4807 4854 4902 4951 4999 5048 5096 5147 5198 5249 5300 5351 461 4424 4469 4513 4557 4601 4646 4692 4738 4785 4831 4878 4927 4975 5024 5073 5122 5173 5224 5275 5327 5378 462 4446 4491 4535 4580 4624 4669 4715 4762 4809 4855 4902 4951 5000 5049 5098 5147 5199 5250 5302 5353 5405 463 4469 4513 4558 4603 4647 4692 4739 4786 4833 4880 4927 4976 5025 5074 5124 5173 5225 5276 5328 5380 5432 464 4491 4536 4581 4626 4671 4716 4763 4810 4857 4904 4951 5001 5050 5100 5149 5199 5251 5303 5355 5407 5459 465 4513 4559 4604 4649 4694 4739 4787 4834 4881 4929 4976 5026 5076 5125 5175 5225 5277 5329 5382 5434 5486 466 4536 4581 4627 4672 4717 4763 4810 4858 4906 4953 5001 5051 5101 5151 5201 5251 5304 5356 5409 5461 5514 467 4559 4604 4650 4695 4741 4787 4834 4882 4930 4978 5026 5076 5126 5177 5227 5277 5330 5383 5436 5488 5541 468 4581 4627 4673 4719 4765 4811 4859 4907 4955 5003 5051 5102 5152 5203 5253 5304 5357 5410 5463 5516 5569 469 4604 4650 4696 4743 4789 4835 4883 4931 4980 5028 5076 5127 5178 5229 5279 5330 5383 5437 5490 5543 5597 470 4627 4674 4720 4766 4813 4859 4907 4956 5005 5053 5102 5153 5204 5255 5306 5357 5410 5464 5518 5571 5625 471 4651 4697 4744 4790 4837 4883 4932 4981 5030 5078 5127 5179 5230 5281 5332 5384 5437 5491 5545 5599 5653 472 4674 4721 4767 4814 4861 4907 4957 5006 5055 5104 5153 5204 5256 5307 5359 5411 5465 5519 5573 5627 5681 13 of 19 13.d Packet Pg. 359 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 473 4697 4744 4791 4838 4885 4932 4981 5031 5080 5129 5179 5230 5282 5334 5386 5438 5492 5546 5601 5655 5709 474 4721 4768 4815 4862 4909 4957 5006 5056 5105 5155 5205 5257 5309 5361 5413 5465 5519 5574 5629 5683 5738 475 4744 4792 4839 4887 4934 4981 5031 5081 5131 5181 5231 5283 5335 5387 5440 5492 5547 5602 5657 5712 5767 476 4768 4816 4863 4911 4959 5006 5056 5107 5157 5207 5257 5309 5362 5414 5467 5520 5575 5630 5685 5740 5796 477 4792 4840 4888 4936 4983 5031 5082 5132 5182 5233 5283 5336 5389 5441 5494 5547 5603 5658 5714 5769 5824 478 4816 4864 4912 4960 5008 5057 5107 5158 5208 5259 5309 5362 5416 5469 5522 5575 5631 5686 5742 5798 5854 479 4840 4888 4937 4985 5033 5082 5133 5183 5234 5285 5336 5389 5443 5496 5549 5603 5659 5715 5771 5827 5883 480 4864 4913 4961 5010 5059 5107 5158 5209 5260 5312 5363 5416 5470 5524 5577 5631 5687 5743 5800 5856 5912 481 4888 4937 4986 5035 5084 5133 5184 5235 5287 5338 5389 5443 5497 5551 5605 5659 5716 5772 5829 5885 5942 482 4913 4962 5011 5060 5109 5158 5210 5262 5313 5365 5416 5471 5525 5579 5633 5687 5744 5801 5858 5915 5972 483 4937 4987 5036 5086 5135 5184 5236 5288 5340 5392 5443 5498 5552 5607 5661 5716 5773 5830 5887 5944 6001 484 4962 5012 5061 5111 5161 5210 5262 5314 5366 5419 5471 5525 5580 5635 5690 5744 5802 5859 5917 5974 6031 485 4987 5037 5087 5136 5186 5236 5289 5341 5393 5446 5498 5553 5608 5663 5718 5773 5831 5888 5946 6004 6062 486 5012 5062 5112 5162 5212 5262 5315 5368 5420 5473 5526 5581 5636 5691 5747 5802 5860 5918 5976 6034 6092 487 5037 5087 5138 5188 5238 5289 5342 5394 5447 5500 5553 5609 5664 5720 5775 5831 5889 5947 6006 6064 6122 488 5062 5113 5163 5214 5265 5315 5368 5421 5475 5528 5581 5637 5693 5748 5804 5860 5919 5977 6036 6094 6153 489 5087 5138 5189 5240 5291 5342 5395 5449 5502 5555 5609 5665 5721 5777 5833 5889 5948 6007 6066 6125 6184 490 5113 5164 5215 5266 5317 5368 5422 5476 5529 5583 5637 5693 5750 5806 5862 5919 5978 6037 6096 6155 6215 491 5138 5190 5241 5293 5344 5395 5449 5503 5557 5611 5665 5722 5778 5835 5892 5948 6008 6067 6127 6186 6246 492 5164 5216 5267 5319 5371 5422 5476 5531 5585 5639 5693 5750 5807 5864 5921 5978 6038 6098 6157 6217 6277 493 5190 5242 5294 5346 5397 5449 5504 5558 5613 5667 5722 5779 5836 5893 5951 6008 6068 6128 6188 6248 6308 494 5216 5268 5320 5372 5424 5477 5531 5586 5641 5696 5750 5808 5865 5923 5980 6038 6098 6159 6219 6279 6340 495 5242 5294 5347 5399 5452 5504 5559 5614 5669 5724 5779 5837 5895 5953 6010 6068 6129 6190 6250 6311 6372 496 5268 5321 5373 5426 5479 5532 5587 5642 5697 5753 5808 5866 5924 5982 6040 6099 6160 6220 6281 6342 6403 497 5294 5347 5400 5453 5506 5559 5615 5670 5726 5782 5837 5896 5954 6012 6071 6129 6190 6252 6313 6374 6435 498 5321 5374 5427 5481 5534 5587 5643 5699 5755 5810 5866 5925 5984 6042 6101 6160 6221 6283 6344 6406 6468 499 5348 5401 5454 5508 5561 5615 5671 5727 5783 5840 5896 5955 6014 6073 6131 6190 6252 6314 6376 6438 6500 500 5374 5428 5482 5535 5589 5643 5699 5756 5812 5869 5925 5984 6044 6103 6162 6221 6284 6346 6408 6470 6532 501 5401 5455 5509 5563 5617 5671 5728 5785 5841 5898 5955 6014 6074 6133 6193 6252 6315 6378 6440 6503 6565 502 5428 5482 5537 5591 5645 5700 5757 5814 5871 5928 5985 6044 6104 6164 6224 6284 6347 6409 6472 6535 6598 503 5455 5510 5564 5619 5673 5728 5785 5843 5900 5957 6014 6075 6135 6195 6255 6315 6378 6441 6505 6568 6631 504 5483 5537 5592 5647 5702 5757 5814 5872 5929 5987 6045 6105 6165 6226 6286 6347 6410 6474 6537 6601 6664 505 5510 5565 5620 5675 5730 5785 5843 5901 5959 6017 6075 6135 6196 6257 6318 6378 6442 6506 6570 6634 6697 506 5538 5593 5648 5704 5759 5814 5873 5931 5989 6047 6105 6166 6227 6288 6349 6410 6474 6539 6603 6667 6731 507 5565 5621 5677 5732 5788 5843 5902 5960 6019 6077 6136 6197 6258 6320 6381 6442 6507 6571 6636 6700 6765 508 5593 5649 5705 5761 5817 5873 5931 5990 6049 6108 6166 6228 6290 6351 6413 6475 6539 6604 6669 6734 6798 509 5621 5677 5733 5790 5846 5902 5961 6020 6079 6138 6197 6259 6321 6383 6445 6507 6572 6637 6702 6767 6832 510 5649 5706 5762 5819 5875 5932 5991 6050 6110 6169 6228 6290 6353 6415 6477 6540 6605 6670 6736 6801 6867 511 5677 5734 5791 5848 5904 5961 6021 6080 6140 6200 6259 6322 6384 6447 6510 6572 6638 6704 6769 6835 6901 512 5706 5763 5820 5877 5934 5991 6051 6111 6171 6231 6291 6354 6416 6479 6542 6605 6671 6737 6803 6869 6935 513 5734 5792 5849 5906 5964 6021 6081 6141 6202 6262 6322 6385 6448 6512 6575 6638 6705 6771 6837 6904 6970 514 5763 5821 5878 5936 5993 6051 6112 6172 6233 6293 6354 6417 6481 6544 6608 6671 6738 6805 6871 6938 7005 515 5792 5850 5908 5966 6023 6081 6142 6203 6264 6325 6385 6449 6513 6577 6641 6705 6772 6839 6906 6973 7040 516 5821 5879 5937 5995 6054 6112 6173 6234 6295 6356 6417 6482 6546 6610 6674 6738 6806 6873 6940 7008 7075 517 5850 5908 5967 6025 6084 6142 6204 6265 6327 6388 6449 6514 6578 6643 6707 6772 6840 6907 6975 7043 7111 518 5879 5938 5997 6055 6114 6173 6235 6296 6358 6420 6482 6547 6611 6676 6741 6806 6874 6942 7010 7078 7146 519 5908 5968 6027 6086 6145 6204 6266 6328 6390 6452 6514 6579 6644 6710 6775 6840 6908 6977 7045 7113 7182 520 5938 5997 6057 6116 6176 6235 6297 6360 6422 6484 6547 6612 6678 6743 6809 6874 6943 7011 7080 7149 7218 521 5968 6027 6087 6147 6206 6266 6329 6391 6454 6517 6579 6645 6711 6777 6843 6908 6977 7047 7116 7185 7254 14 of 19 13.d Packet Pg. 360 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 522 5998 6058 6118 6177 6237 6297 6360 6423 6486 6549 6612 6678 6745 6811 6877 6943 7012 7082 7151 7221 7290 523 6028 6088 6148 6208 6269 6329 6392 6456 6519 6582 6645 6712 6778 6845 6911 6978 7047 7117 7187 7257 7327 524 6058 6118 6179 6239 6300 6361 6424 6488 6551 6615 6679 6745 6812 6879 6946 7013 7083 7153 7223 7293 7363 525 6088 6149 6210 6271 6331 6392 6456 6520 6584 6648 6712 6779 6846 6913 6980 7048 7118 7189 7259 7329 7400 526 6118 6180 6241 6302 6363 6424 6489 6553 6617 6681 6746 6813 6880 6948 7015 7083 7154 7224 7295 7366 7437 527 6149 6210 6272 6333 6395 6456 6521 6586 6650 6715 6779 6847 6915 6983 7050 7118 7189 7261 7332 7403 7474 528 6180 6242 6303 6365 6427 6489 6554 6619 6683 6748 6813 6881 6949 7018 7086 7154 7225 7297 7368 7440 7512 529 6211 6273 6335 6397 6459 6521 6586 6652 6717 6782 6847 6916 6984 7053 7121 7190 7261 7333 7405 7477 7549 530 6242 6304 6367 6429 6491 6554 6619 6685 6750 6816 6881 6950 7019 7088 7157 7226 7298 7370 7442 7515 7587 531 6273 6336 6398 6461 6524 6587 6652 6718 6784 6850 6916 6985 7054 7123 7193 7262 7334 7407 7480 7552 7625 532 6304 6367 6430 6493 6556 6619 6686 6752 6818 6884 6950 7020 7089 7159 7228 7298 7371 7444 7517 7590 7663 533 6336 6399 6463 6526 6589 6653 6719 6786 6852 6919 6985 7055 7125 7195 7265 7334 7408 7481 7554 7628 7701 534 6367 6431 6495 6558 6622 6686 6753 6820 6886 6953 7020 7090 7161 7231 7301 7371 7445 7519 7592 7666 7740 535 6399 6463 6527 6591 6655 6719 6786 6854 6921 6988 7055 7126 7196 7267 7337 7408 7482 7556 7630 7704 7778 536 6431 6496 6560 6624 6689 6753 6820 6888 6955 7023 7091 7161 7232 7303 7374 7445 7519 7594 7668 7743 7817 537 6463 6528 6593 6657 6722 6787 6855 6922 6990 7058 7126 7197 7268 7340 7411 7482 7557 7632 7707 7782 7856 538 6496 6561 6626 6691 6756 6821 6889 6957 7025 7093 7162 7233 7305 7376 7448 7520 7595 7670 7745 7820 7896 539 6528 6594 6659 6724 6789 6855 6923 6992 7060 7129 7197 7269 7341 7413 7485 7557 7633 7708 7784 7860 7935 540 6561 6627 6692 6758 6823 6889 6958 7027 7096 7165 7233 7306 7378 7450 7523 7595 7671 7747 7823 7899 7975 541 6594 6660 6726 6792 6857 6923 6993 7062 7131 7200 7270 7342 7415 7488 7560 7633 7709 7786 7862 7938 8015 542 6627 6693 6759 6825 6892 6958 7028 7097 7167 7236 7306 7379 7452 7525 7598 7671 7748 7825 7901 7978 8055 543 6660 6726 6793 6860 6926 6993 7063 7133 7203 7273 7342 7416 7489 7563 7636 7710 7787 7864 7941 8018 8095 544 6693 6760 6827 6894 6961 7028 7098 7168 7239 7309 7379 7453 7527 7601 7674 7748 7826 7903 7981 8058 8136 545 6727 6794 6861 6928 6996 7063 7134 7204 7275 7345 7416 7490 7564 7639 7713 7787 7865 7943 8020 8098 8176 546 6760 6828 6895 6963 7031 7098 7169 7240 7311 7382 7453 7528 7602 7677 7751 7826 7904 7982 8061 8139 8217 547 6794 6862 6930 6998 7066 7134 7205 7276 7348 7419 7490 7565 7640 7715 7790 7865 7944 8022 8101 8180 8258 548 6828 6896 6965 7033 7101 7169 7241 7313 7384 7456 7528 7603 7678 7754 7829 7904 7983 8062 8141 8220 8299 549 6862 6931 6999 7068 7137 7205 7277 7349 7421 7493 7565 7641 7717 7792 7868 7944 8023 8103 8182 8262 8341 550 6896 6965 7034 7103 7172 7241 7314 7386 7458 7531 7603 7679 7755 7831 7907 7983 8063 8143 8223 8303 8383 551 6931 7000 7070 7139 7208 7277 7350 7423 7496 7569 7641 7718 7794 7871 7947 8023 8104 8184 8264 8344 8425 552 6966 7035 7105 7175 7244 7314 7387 7460 7533 7606 7680 7756 7833 7910 7987 8064 8144 8225 8305 8386 8467 553 7000 7070 7140 7210 7280 7350 7424 7497 7571 7644 7718 7795 7872 7949 8027 8104 8185 8266 8347 8428 8509 554 7035 7106 7176 7246 7317 7387 7461 7535 7609 7683 7757 7834 7912 7989 8067 8144 8226 8307 8389 8470 8552 555 7071 7141 7212 7283 7353 7424 7498 7573 7647 7721 7795 7873 7951 8029 8107 8185 8267 8349 8431 8512 8594 556 7106 7177 7248 7319 7390 7461 7536 7610 7685 7760 7834 7913 7991 8069 8148 8226 8308 8391 8473 8555 8637 557 7141 7213 7284 7356 7427 7499 7574 7648 7723 7798 7873 7952 8031 8110 8188 8267 8350 8432 8515 8598 8680 558 7177 7249 7321 7392 7464 7536 7611 7687 7762 7837 7913 7992 8071 8150 8229 8308 8392 8475 8558 8641 8724 559 7213 7285 7357 7429 7502 7574 7649 7725 7801 7877 7952 8032 8111 8191 8270 8350 8433 8517 8600 8684 8767 560 7249 7322 7394 7467 7539 7612 7688 7764 7840 7916 7992 8072 8152 8232 8312 8392 8476 8560 8644 8727 8811 561 7285 7358 7431 7504 7577 7650 7726 7803 7879 7956 8032 8112 8193 8273 8353 8434 8518 8602 8687 8771 8855 562 7322 7395 7468 7541 7615 7688 7765 7842 7919 7995 8072 8153 8234 8314 8395 8476 8561 8645 8730 8815 8900 563 7358 7432 7506 7579 7653 7726 7804 7881 7958 8035 8113 8194 8275 8356 8437 8518 8603 8689 8774 8859 8944 564 7395 7469 7543 7617 7691 7765 7843 7920 7998 8076 8153 8235 8316 8398 8479 8561 8646 8732 8818 8903 8989 565 7432 7506 7581 7655 7729 7804 7882 7960 8038 8116 8194 8276 8358 8440 8522 8604 8690 8776 8862 8948 9034 566 7469 7544 7619 7693 7768 7843 7921 8000 8078 8157 8235 8317 8400 8482 8564 8647 8733 8820 8906 8993 9079 567 7507 7582 7657 7732 7807 7882 7961 8040 8118 8197 8276 8359 8442 8524 8607 8690 8777 8864 8951 9038 9124 568 7544 7620 7695 7771 7846 7921 8001 8080 8159 8238 8317 8401 8484 8567 8650 8733 8821 8908 8995 9083 9170 569 7582 7658 7734 7809 7885 7961 8041 8120 8200 8279 8359 8443 8526 8610 8693 8777 8865 8953 9040 9128 9216 570 7620 7696 7772 7848 7925 8001 8081 8161 8241 8321 8401 8485 8569 8653 8737 8821 8909 8997 9086 9174 9262 15 of 19 13.d Packet Pg. 361 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 571 7658 7735 7811 7888 7964 8041 8121 8202 8282 8362 8443 8527 8612 8696 8781 8865 8954 9042 9131 9220 9308 572 7696 7773 7850 7927 8004 8081 8162 8243 8323 8404 8485 8570 8655 8740 8824 8909 8998 9088 9177 9266 9355 573 7735 7812 7889 7967 8044 8121 8203 8284 8365 8446 8528 8613 8698 8783 8869 8954 9043 9133 9223 9312 9402 574 7773 7851 7929 8007 8084 8162 8244 8325 8407 8489 8570 8656 8742 8827 8913 8999 9089 9179 9269 9359 9449 575 7812 7890 7969 8047 8125 8203 8285 8367 8449 8531 8613 8699 8785 8871 8958 9044 9134 9225 9315 9405 9496 576 7851 7930 8008 8087 8165 8244 8326 8409 8491 8574 8656 8743 8829 8916 9002 9089 9180 9271 9362 9452 9543 577 7891 7969 8048 8127 8206 8285 8368 8451 8534 8617 8699 8786 8873 8960 9047 9134 9226 9317 9408 9500 9591 578 7930 8009 8089 8168 8247 8327 8410 8493 8576 8660 8743 8830 8918 9005 9093 9180 9272 9364 9455 9547 9639 579 7970 8049 8129 8209 8288 8368 8452 8536 8619 8703 8787 8874 8962 9050 9138 9226 9318 9410 9503 9595 9687 580 8010 8090 8170 8250 8330 8410 8494 8578 8662 8746 8831 8919 9007 9095 9184 9272 9365 9457 9550 9643 9736 581 8050 8130 8211 8291 8372 8452 8537 8621 8706 8790 8875 8963 9052 9141 9230 9318 9412 9505 9598 9691 9784 582 8090 8171 8252 8333 8413 8494 8579 8664 8749 8834 8919 9008 9097 9187 9276 9365 9459 9552 9646 9740 9833 583 8130 8212 8293 8374 8455 8537 8622 8708 8793 8878 8964 9053 9143 9233 9322 9412 9506 9600 9694 9788 9882 584 8171 8253 8334 8416 8498 8579 8665 8751 8837 8923 9008 9099 9189 9279 9369 9459 9553 9648 9743 9837 9932 585 8212 8294 8376 8458 8540 8622 8709 8795 8881 8967 9053 9144 9235 9325 9416 9506 9601 9696 9791 9886 9981 586 8253 8335 8418 8500 8583 8665 8752 8839 8925 9012 9099 9190 9281 9372 9463 9554 9649 9745 9840 9936 10031 587 8294 8377 8460 8543 8626 8709 8796 8883 8970 9057 9144 9236 9327 9419 9510 9601 9697 9793 9889 9986 10082 588 8336 8419 8502 8586 8669 8752 8840 8927 9015 9102 9190 9282 9374 9466 9558 9649 9746 9842 9939 10035 10132 589 8377 8461 8545 8629 8712 8796 8884 8972 9060 9148 9236 9328 9421 9513 9605 9698 9795 9892 9989 10086 10183 590 8419 8503 8588 8672 8756 8840 8928 9017 9105 9194 9282 9375 9468 9561 9653 9746 9844 9941 10039 10136 10234 591 8461 8546 8630 8715 8800 8884 8973 9062 9151 9240 9329 9422 9515 9608 9702 9795 9893 9991 10089 10187 10285 592 8504 8589 8674 8759 8844 8929 9018 9107 9197 9286 9375 9469 9563 9656 9750 9844 9942 10041 10139 10238 10336 593 8546 8632 8717 8802 8888 8973 9063 9153 9243 9332 9422 9516 9610 9705 9799 9893 9992 10091 10190 10289 10388 594 8589 8675 8761 8846 8932 9018 9108 9199 9289 9379 9469 9564 9659 9753 9848 9943 10042 10141 10241 10340 10440 595 8632 8718 8804 8891 8977 9063 9154 9245 9335 9426 9516 9612 9707 9802 9897 9992 10092 10192 10292 10392 10492 596 8675 8762 8848 8935 9022 9109 9200 9291 9382 9473 9564 9660 9755 9851 9947 10042 10143 10243 10344 10444 10544 597 8718 8805 8893 8980 9067 9154 9246 9337 9429 9520 9612 9708 9804 9900 9996 10092 10193 10294 10395 10496 10597 598 8762 8849 8937 9025 9112 9200 9292 9384 9476 9568 9660 9757 9853 9950 10046 10143 10244 10346 10447 10549 10650 599 8806 8894 8982 9070 9158 9246 9338 9431 9523 9616 9708 9805 9902 9999 10097 10194 10296 10398 10499 10601 10703 600 8850 8938 9027 9115 9204 9292 9385 9478 9571 9664 9757 9854 9952 10049 10147 10245 10347 10450 10552 10654 10757 601 8894 8983 9072 9161 9250 9339 9432 9525 9619 9712 9806 9904 10002 10100 10198 10296 10399 10502 10605 10708 10811 602 8938 9028 9117 9207 9296 9385 9479 9573 9667 9761 9855 9953 10052 10150 10249 10347 10451 10554 10658 10761 10865 603 8983 9073 9163 9253 9342 9432 9527 9621 9715 9810 9904 10003 10102 10201 10300 10399 10503 10607 10711 10815 10919 604 9028 9118 9209 9299 9389 9479 9574 9669 9764 9859 9953 10053 10152 10252 10352 10451 10556 10660 10765 10869 10974 605 9073 9164 9255 9345 9436 9527 9622 9717 9813 9908 10003 10103 10203 10303 10403 10503 10608 10713 10818 10923 11028 606 9119 9210 9301 9392 9483 9574 9670 9766 9862 9957 10053 10154 10254 10355 10455 10556 10661 10767 10873 10978 11084 607 9164 9256 9347 9439 9531 9622 9719 9815 9911 10007 10103 10204 10306 10407 10508 10609 10715 10821 10927 11033 11139 608 9210 9302 9394 9486 9578 9670 9767 9864 9961 10057 10154 10256 10357 10459 10560 10662 10768 10875 10982 11088 11195 609 9256 9349 9441 9534 9626 9719 9816 9913 10010 10108 10205 10307 10409 10511 10613 10715 10822 10929 11036 11144 11251 610 9302 9395 9488 9581 9674 9767 9865 9963 10060 10158 10256 10358 10461 10563 10666 10769 10876 10984 11092 11199 11307 611 9349 9442 9536 9629 9723 9816 9914 10013 10111 10209 10307 10410 10513 10616 10719 10822 10931 11039 11147 11255 11364 612 9396 9489 9583 9677 9771 9865 9964 10063 10161 10260 10359 10462 10566 10669 10773 10877 10985 11094 11203 11312 11420 613 9443 9537 9631 9726 9820 9915 10014 10113 10212 10311 10410 10514 10619 10723 10827 10931 11040 11150 11259 11368 11477 614 9490 9585 9680 9774 9869 9964 10064 10163 10263 10363 10462 10567 10672 10776 10881 10986 11095 11205 11315 11425 11535 615 9537 9633 9728 9823 9919 10014 10114 10214 10314 10415 10515 10620 10725 10830 10935 11040 11151 11261 11372 11482 11592 616 9585 9681 9777 9872 9968 10064 10165 10265 10366 10467 10567 10673 10779 10884 10990 11096 11207 11318 11429 11539 11650 617 9633 9729 9825 9922 10018 10114 10216 10317 10418 10519 10620 10726 10833 10939 11045 11151 11263 11374 11486 11597 11709 618 9681 9778 9875 9971 10068 10165 10267 10368 10470 10572 10673 10780 10887 10993 11100 11207 11319 11431 11543 11655 11767 619 9729 9827 9924 10021 10119 10216 10318 10420 10522 10624 10727 10834 10941 11048 11156 11263 11376 11488 11601 11713 11826 16 of 19 13.d Packet Pg. 362 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 620 9778 9876 9974 10071 10169 10267 10370 10472 10575 10678 10780 10888 10996 11104 11211 11319 11432 11546 11659 11772 11885 621 9827 9925 10023 10122 10220 10318 10421 10525 10628 10731 10834 10942 11051 11159 11267 11376 11490 11603 11717 11831 11945 622 9876 9975 10074 10172 10271 10370 10474 10577 10681 10785 10888 10997 11106 11215 11324 11433 11547 11661 11776 11890 12004 623 9925 10025 10124 10223 10322 10422 10526 10630 10734 10839 10943 11052 11162 11271 11380 11490 11605 11720 11835 11949 12064 624 9975 10075 10175 10274 10374 10474 10579 10683 10788 10893 10997 11107 11217 11327 11437 11547 11663 11778 11894 12009 12125 625 10025 10125 10225 10326 10426 10526 10631 10737 10842 10947 11052 11163 11273 11384 11495 11605 11721 11837 11953 12069 12185 626 10075 10176 10277 10377 10478 10579 10685 10790 10896 11002 11108 11219 11330 11441 11552 11663 11780 11896 12013 12130 12246 627 10125 10227 10328 10429 10530 10632 10738 10844 10951 11057 11163 11275 11387 11498 11610 11721 11839 11956 12073 12190 12307 628 10176 10278 10380 10481 10583 10685 10792 10899 11005 11112 11219 11331 11443 11556 11668 11780 11898 12016 12133 12251 12369 629 10227 10329 10431 10534 10636 10738 10846 10953 11060 11168 11275 11388 11501 11613 11726 11839 11957 12076 12194 12312 12431 630 10278 10381 10484 10586 10689 10792 10900 11008 11116 11224 11332 11445 11558 11671 11785 11898 12017 12136 12255 12374 12493 631 10329 10433 10536 10639 10743 10846 10954 11063 11171 11280 11388 11502 11616 11730 11844 11958 12077 12197 12316 12436 12555 632 10381 10485 10589 10693 10796 10900 11009 11118 11227 11336 11445 11560 11674 11788 11903 12017 12138 12258 12378 12498 12618 633 10433 10537 10642 10746 10850 10955 11064 11174 11283 11393 11502 11617 11732 11847 11962 12077 12198 12319 12440 12561 12681 634 10485 10590 10695 10800 10905 11009 11119 11230 11340 11450 11560 11675 11791 11907 12022 12138 12259 12381 12502 12623 12745 635 10538 10643 10748 10854 10959 11064 11175 11286 11396 11507 11618 11734 11850 11966 12082 12199 12321 12443 12565 12686 12808 636 10590 10696 10802 10908 11014 11120 11231 11342 11453 11565 11676 11793 11909 12026 12143 12260 12382 12505 12627 12750 12873 637 10643 10750 10856 10963 11069 11175 11287 11399 11511 11622 11734 11851 11969 12086 12204 12321 12444 12567 12690 12814 12937 638 10696 10803 10910 11017 11124 11231 11344 11456 11568 11681 11793 11911 12029 12147 12265 12382 12506 12630 12754 12878 13002 639 10750 10857 10965 11072 11180 11287 11400 11513 11626 11739 11852 11970 12089 12207 12326 12444 12569 12693 12818 12942 13067 640 10804 10912 11020 11128 11236 11344 11457 11571 11684 11798 11911 12030 12149 12268 12387 12507 12632 12757 12882 13007 13132 641 10858 10966 11075 11183 11292 11401 11515 11629 11743 11857 11971 12090 12210 12330 12449 12569 12695 12821 12946 13072 13198 642 10912 11021 11130 11239 11348 11458 11572 11687 11801 11916 12030 12151 12271 12391 12512 12632 12758 12885 13011 13137 13264 643 10967 11076 11186 11296 11405 11515 11630 11745 11860 11975 12091 12212 12332 12453 12574 12695 12822 12949 13076 13203 13330 644 11021 11132 11242 11352 11462 11572 11688 11804 11920 12035 12151 12273 12394 12516 12637 12759 12886 13014 13141 13269 13397 645 11076 11187 11298 11409 11520 11630 11747 11863 11979 12096 12212 12334 12456 12578 12700 12822 12951 13079 13207 13335 13464 646 11132 11243 11354 11466 11577 11688 11805 11922 12039 12156 12273 12396 12518 12641 12764 12887 13015 13144 13273 13402 13531 647 11188 11299 11411 11523 11635 11747 11864 11982 12099 12217 12334 12458 12581 12704 12828 12951 13080 13210 13339 13469 13598 648 11243 11356 11468 11581 11693 11806 11924 12042 12160 12278 12396 12520 12644 12768 12892 13016 13146 13276 13406 13536 13666 649 11300 11413 11526 11639 11752 11865 11983 12102 12221 12339 12458 12582 12707 12832 12956 13081 13212 13342 13473 13604 13735 650 11356 11470 11583 11697 11810 11924 12043 12162 12282 12401 12520 12645 12771 12896 13021 13146 13278 13409 13541 13672 13804 651 11413 11527 11641 11755 11869 11984 12103 12223 12343 12463 12583 12709 12834 12960 13086 13212 13344 13476 13608 13740 13873 652 11470 11585 11699 11814 11929 12044 12164 12284 12405 12525 12646 12772 12899 13025 13152 13278 13411 13544 13676 13809 13942 653 11527 11643 11758 11873 11988 12104 12225 12346 12467 12588 12709 12836 12963 13090 13217 13344 13478 13611 13745 13878 14012 654 11585 11701 11817 11933 12048 12164 12286 12408 12529 12651 12772 12900 13028 13156 13283 13411 13545 13679 13813 13948 14082 655 11643 11759 11876 11992 12109 12225 12347 12470 12592 12714 12836 12965 13093 13221 13350 13478 13613 13748 13882 14017 14152 656 11701 11818 11935 12052 12169 12286 12409 12532 12655 12778 12901 13030 13159 13288 13417 13546 13681 13816 13952 14087 14223 657 11760 11877 11995 12112 12230 12348 12471 12595 12718 12842 12965 13095 13224 13354 13484 13613 13749 13886 14022 14158 14294 658 11818 11937 12055 12173 12291 12409 12533 12658 12782 12906 13030 13160 13290 13421 13551 13681 13818 13955 14092 14229 14365 659 11878 11996 12115 12234 12353 12471 12596 12721 12846 12970 13095 13226 13357 13488 13619 13750 13887 14025 14162 14300 14437 660 11937 12056 12176 12295 12414 12534 12659 12784 12910 13035 13160 13292 13424 13555 13687 13818 13957 14095 14233 14371 14509 661 11997 12117 12237 12357 12476 12596 12722 12848 12974 13100 13226 13359 13491 13623 13755 13888 14026 14165 14304 14443 14582 662 12057 12177 12298 12418 12539 12659 12786 12913 13039 13166 13292 13425 13558 13691 13824 13957 14097 14236 14376 14515 14655 663 12117 12238 12359 12480 12602 12723 12850 12977 13104 13232 13359 13492 13626 13760 13893 14027 14167 14307 14448 14588 14728 664 12177 12299 12421 12543 12665 12786 12914 13042 13170 13298 13426 13560 13694 13828 13963 14097 14238 14379 14520 14661 14802 665 12238 12361 12483 12605 12728 12850 12979 13107 13236 13364 13493 13628 13763 13898 14032 14167 14309 14451 14592 14734 14876 666 12300 12423 12546 12669 12792 12915 13044 13173 13302 13431 13560 13696 13831 13967 14103 14238 14381 14523 14665 14808 14950 667 12361 12485 12608 12732 12855 12979 13109 13239 13368 13498 13628 13764 13901 14037 14173 14309 14453 14596 14739 14882 15025 668 12423 12547 12671 12796 12920 13044 13174 13305 13435 13566 13696 13833 13970 14107 14244 14381 14525 14669 14812 14956 15100 17 of 19 13.d Packet Pg. 363 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 669 12485 12610 12735 12859 12984 13109 13240 13371 13502 13634 13765 13902 14040 14178 14315 14453 14597 14742 14886 15031 15176 670 12547 12673 12798 12924 13049 13175 13306 13438 13570 13702 13833 13972 14110 14248 14387 14525 14670 14816 14961 15106 15251 671 12610 12736 12862 12988 13115 13241 13373 13505 13638 13770 13903 14042 14181 14320 14459 14598 14744 14890 15036 15182 15328 672 12673 12800 12927 13053 13180 13307 13440 13573 13706 13839 13972 14112 14252 14391 14531 14671 14817 14964 15111 15258 15404 673 12737 12864 12991 13119 13246 13373 13507 13641 13775 13908 14042 14182 14323 14463 14604 14744 14892 15039 15186 15334 15481 674 12800 12928 13056 13184 13312 13440 13575 13709 13843 13978 14112 14253 14394 14536 14677 14818 14966 15114 15262 15411 15559 675 12864 12993 13121 13250 13379 13507 13642 13778 13913 14048 14183 14325 14466 14608 14750 14892 15041 15190 15339 15488 15637 676 12929 13058 13187 13316 13446 13575 13711 13846 13982 14118 14254 14396 14539 14681 14824 14966 15116 15266 15415 15565 15715 677 12993 13123 13253 13383 13513 13643 13779 13916 14052 14189 14325 14468 14611 14755 14898 15041 15192 15342 15492 15643 15793 678 13058 13189 13319 13450 13580 13711 13848 13985 14122 14259 14397 14541 14685 14828 14972 15116 15268 15419 15570 15721 15872 679 13123 13255 13386 13517 13648 13780 13917 14055 14193 14331 14469 14613 14758 14903 15047 15192 15344 15496 15648 15800 15952 680 13189 13321 13453 13585 13717 13848 13987 14125 14264 14402 14541 14686 14832 14977 15123 15268 15421 15573 15726 15879 16031 681 13255 13388 13520 13653 13785 13918 14057 14196 14335 14474 14614 14760 14906 15052 15198 15344 15498 15651 15805 15958 16112 682 13321 13454 13588 13721 13854 13987 14127 14267 14407 14547 14687 14834 14980 15127 15274 15421 15575 15729 15884 16038 16192 683 13388 13522 13656 13790 13923 14057 14198 14338 14479 14620 14760 14908 15055 15203 15351 15498 15653 15808 15963 16118 16273 684 13455 13589 13724 13858 13993 14128 14269 14410 14551 14693 14834 14982 15131 15279 15427 15576 15731 15887 16043 16199 16354 685 13522 13657 13793 13928 14063 14198 14340 14482 14624 14766 14908 15057 15206 15355 15504 15653 15810 15967 16123 16280 16436 686 13590 13726 13861 13997 14133 14269 14412 14555 14697 14840 14983 15132 15282 15432 15582 15732 15889 16046 16204 16361 16518 687 13658 13794 13931 14067 14204 14341 14484 14627 14771 14914 15058 15208 15359 15509 15660 15810 15969 16127 16285 16443 16601 688 13726 13863 14000 14138 14275 14412 14556 14700 14845 14989 15133 15284 15436 15587 15738 15889 16048 16207 16366 16525 16684 689 13795 13933 14070 14208 14346 14484 14629 14774 14919 15064 15209 15361 15513 15665 15817 15969 16129 16288 16448 16608 16767 690 13864 14002 14141 14279 14418 14557 14702 14848 14993 15139 15285 15437 15590 15743 15896 16049 16209 16370 16530 16691 16851 691 13933 14072 14212 14351 14490 14629 14776 14922 15068 15215 15361 15515 15668 15822 15975 16129 16290 16452 16613 16774 16935 692 14003 14143 14283 14423 14563 14703 14850 14997 15144 15291 15438 15592 15747 15901 16055 16210 16372 16534 16696 16858 17020 693 14073 14213 14354 14495 14635 14776 14924 15072 15219 15367 15515 15670 15825 15980 16136 16291 16454 16617 16779 16942 17105 694 14143 14284 14426 14567 14709 14850 14999 15147 15296 15444 15593 15748 15904 16060 16216 16372 16536 16700 16863 17027 17191 695 14214 14356 14498 14640 14782 14924 15074 15223 15372 15521 15670 15827 15984 16141 16297 16454 16619 16783 16948 17112 17277 696 14285 14428 14570 14713 14856 14999 15149 15299 15449 15599 15749 15906 16064 16221 16379 16536 16702 16867 17032 17198 17363 697 14356 14500 14643 14787 14930 15074 15225 15375 15526 15677 15828 15986 16144 16302 16461 16619 16785 16951 17118 17284 17450 698 14428 14572 14716 14861 15005 15149 15301 15452 15604 15755 15907 16066 16225 16384 16543 16702 16869 17036 17203 17370 17537 699 14500 14645 14790 14935 15080 15225 15377 15530 15682 15834 15986 16146 16306 16466 16626 16786 16953 17121 17289 17457 17625 700 14573 14718 14864 15010 15155 15301 15454 15607 15760 15913 16066 16227 16388 16548 16709 16870 17038 17207 17376 17544 17713 701 14646 14789 14934 15081 15228 15378 15528 15681 15834 15989 16146 16304 16464 16625 16788 16953 17119 17287 17456 17627 17800 702 14719 14863 15009 15156 15305 15455 15606 15759 15913 16069 16227 16386 16546 16709 16872 17038 17205 17373 17543 17715 17889 703 14793 14938 15084 15232 15381 15532 15684 15838 15993 16150 16308 16468 16629 16792 16957 17123 17291 17460 17631 17804 17978 704 14867 15012 15159 15308 15458 15610 15762 15917 16073 16230 16390 16550 16712 16876 17041 17208 17377 17547 17719 17893 18068 705 14941 15087 15235 15385 15535 15688 15841 15997 16153 16312 16471 16633 16796 16960 17127 17295 17464 17635 17808 17982 18159 706 15016 15163 15311 15461 15613 15766 15921 16077 16234 16393 16554 16716 16880 17045 17212 17381 17551 17723 17897 18072 18249 707 15091 15239 15388 15539 15691 15845 16000 16157 16315 16475 16637 16800 16964 17130 17298 17468 17639 17812 17986 18163 18341 708 15166 15315 15465 15616 15770 15924 16080 16238 16397 16557 16720 16884 17049 17216 17385 17555 17727 17901 18076 18254 18432 709 15242 15391 15542 15695 15848 16004 16161 16319 16479 16640 16803 16968 17134 17302 17472 17643 17816 17990 18167 18345 18525 710 15318 15468 15620 15773 15928 16084 16241 16400 16561 16723 16887 17053 17220 17389 17559 17731 17905 18080 18258 18437 18617 711 15395 15546 15698 15852 16007 16164 16323 16482 16644 16807 16972 17138 17306 17476 17647 17820 17994 18171 18349 18529 18710 712 15472 15623 15777 15931 16087 16245 16404 16565 16727 16891 17057 17224 17393 17563 17735 17909 18084 18262 18441 18621 18804 713 15549 15702 15855 16011 16168 16326 16486 16648 16811 16976 17142 17310 17480 17651 17824 17998 18175 18353 18533 18714 18898 714 15627 15780 15935 16091 16249 16408 16569 16731 16895 17060 17228 17397 17567 17739 17913 18089 18266 18445 18626 18808 18992 715 15705 15859 16014 16171 16330 16490 16651 16815 16979 17146 17314 17483 17655 17828 18003 18179 18357 18537 18719 18902 19087 716 15784 15938 16094 16252 16411 16572 16735 16899 17064 17231 17400 17571 17743 17917 18093 18270 18449 18630 18812 18997 19183 717 15863 16018 16175 16333 16494 16655 16818 16983 17150 17318 17487 17659 17832 18007 18183 18361 18541 18723 18906 19092 19279 18 of 19 13.d Packet Pg. 364 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 718 15942 16098 16256 16415 16576 16738 16902 17068 17235 17404 17575 17747 17921 18097 18274 18453 18634 18816 19001 19187 19375 719 16022 16179 16337 16497 16659 16822 16987 17153 17322 17491 17663 17836 18011 18187 18365 18545 18727 18911 19096 19283 19472 720 16102 16259 16419 16580 16742 16906 17072 17239 17408 17579 17751 17925 18101 18278 18457 18638 18821 19005 19191 19379 19569 721 16182 16341 16501 16663 16826 16991 17157 17325 17495 17667 17840 18015 18191 18369 18549 18731 18915 19100 19287 19476 19667 722 16263 16422 16583 16746 16910 17076 17243 17412 17583 17755 17929 18105 18282 18461 18642 18825 19009 19196 19384 19574 19765 723 16344 16505 16666 16830 16995 17161 17329 17499 17671 17844 18019 18195 18373 18554 18735 18919 19104 19292 19481 19672 19864 724 16426 16587 16750 16914 17080 17247 17416 17587 17759 17933 18109 18286 18465 18646 18829 19014 19200 19388 19578 19770 19964 725 16508 16670 16833 16998 17165 17333 17503 17675 17848 18023 18199 18378 18558 18740 18923 19109 19296 19485 19676 19869 20063 726 16591 16753 16918 17083 17251 17420 17590 17763 17937 18113 18290 18469 18650 18833 19018 19204 19392 19582 19774 19968 20164 727 16674 16837 17002 17169 17337 17507 17678 17852 18027 18203 18382 18562 18744 18927 19113 19300 19489 19680 19873 20068 20265 728 16757 16921 17087 17255 17424 17594 17767 17941 18117 18294 18474 18655 18837 19022 19208 19397 19587 19779 19973 20168 20366 729 16841 17006 17173 17341 17511 17682 17856 18031 18207 18386 18566 18748 18932 19117 19304 19494 19685 19878 20072 20269 20468 730 16925 17091 17258 17428 17598 17771 17945 18121 18298 18478 18659 18842 19026 19213 19401 19591 19783 19977 20173 20370 20570 731 17010 17176 17345 17515 17686 17860 18035 18211 18390 18570 18752 18936 19121 19309 19498 19689 19882 20077 20274 20472 20673 732 17095 17262 17431 17602 17775 17949 18125 18302 18482 18663 18846 19031 19217 19405 19596 19788 19981 20177 20375 20575 20776 733 17180 17349 17519 17690 17864 18039 18215 18394 18574 18756 18940 19126 19313 19502 19693 19886 20081 20278 20477 20678 20880 734 17266 17435 17606 17779 17953 18129 18307 18486 18667 18850 19035 19221 19410 19600 19792 19986 20182 20380 20579 20781 20985 735 17352 17523 17694 17868 18043 18220 18398 18578 18760 18944 19130 19317 19507 19698 19891 20086 20283 20481 20682 20885 21090 736 17439 17610 17783 17957 18133 18311 18490 18671 18854 19039 19226 19414 19604 19796 19990 20186 20384 20584 20786 20989 21195 737 17526 17698 17872 18047 18224 18402 18583 18765 18949 19134 19322 19511 19702 19895 20090 20287 20486 20687 20890 21094 21301 738 17614 17787 17961 18137 18315 18494 18675 18858 19043 19230 19418 19609 19801 19995 20191 20389 20588 20790 20994 21200 21407 739 17702 17876 18051 18228 18406 18587 18769 18953 19138 19326 19515 19707 19900 20095 20292 20491 20691 20894 21099 21306 21514 740 17791 17965 18141 18319 18498 18680 18863 19048 19234 19423 19613 19805 19999 20195 20393 20593 20795 20999 21204 21412 21622 741 17880 18055 18232 18410 18591 18773 18957 19143 19330 19520 19711 19904 20099 20296 20495 20696 20899 21104 21310 21519 21730 742 17969 18145 18323 18502 18684 18867 19052 19238 19427 19617 19810 20004 20200 20398 20598 20799 21003 21209 21417 21627 21839 743 18059 18236 18415 18595 18777 18961 19147 19335 19524 19715 19909 20104 20301 20500 20701 20903 21108 21315 21524 21735 21948 744 18149 18327 18507 18688 18871 19056 19243 19431 19622 19814 20008 20204 20402 20602 20804 21008 21214 21422 21632 21844 22058 745 18240 18419 18599 18781 18965 19151 19339 19528 19720 19913 20108 20305 20504 20705 20908 21113 21320 21529 21740 21953 22168 746 18331 18511 18692 18875 19060 19247 19436 19626 19818 20013 20209 20407 20607 20809 21013 21219 21427 21637 21849 22063 22279 747 18423 18603 18786 18970 19156 19343 19533 19724 19918 20113 20310 20509 20710 20913 21118 21325 21534 21745 21958 22173 22390 748 18515 18696 18879 19065 19251 19440 19631 19823 20017 20213 20411 20611 20813 21017 21223 21431 21641 21853 22068 22284 22502 19 of 19 13.d Packet Pg. 365 Attachment: EXHIBIT B- Salary Schedule 9.15.2021 (8545 : Reclassification of Budget Officer to Budget Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards) Recommendation Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services. Background The City of San Bernardino is upgrading technology infrastructure to be more efficient, effective, and transparent, and to provide better customer service at every level. This is a major process that requires analysis of every department to evaluate customer interfaces, determine base system requirements, identify risks, and make decisions on the best fit for a high level of customer service, automation, internal control and minimize paper for both internal and external processes. Discussion At this time, most of the City’s processes are disconnected and at least partially manual. Contracts, applications, and other documents all require “wet” signatures; delaying the turnaround time for approvals and contract signing. The City researched options for electronic signature and determined that DocuSign would meet the needs of every department. DocuSign is used throughout government and industry; even home buying, and other major contracts can be entered into using DocuSign. Additionally, DocuSign will easily integrate with future system upgrades. As the City offers more online options for customers, DocuSign helps to ensure that every step of the process is straightforward, simple, and electronic for customers that do not want to visit a customer service location in person. 2020-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 3b: Improved Quality of Life: develop a customer service initiative, by improving the ability of customers, vendors, and applicants to complete forms and tasks electronically. 14 Packet Pg. 366 8546 Page 2 Fiscal Impact The financial impact to the City is an expense of $76,990 for Fiscal Y ear 2021/22. This total includes $62,000 for estimated usage, $13,640 for support, and a one -time onboarding cost of $1,350. There is adequate funding for this agreement in the FY 2021/22 Adopted Budget. No additional appropriation is required. The agreeme nt will be renewed annually, and pricing may change based on usage volume. FINANCIAL DATA Current Fiscal Year: Ongoing Estimate Ongoing Estimate COST $ 76,990 $ 75,640 $ 75,640 GENERAL FUND SHARE $ 76,990 $ 75,640 $ 75,640 SOURCE OF FUNDS: General Fund Budget Adjustment: No Adequate funds included in Adopted FY 2021/22 Operating Budget For Fiscal Year: 2021/22 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-233, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services. Attachments Attachment 1 Resolution No. 2021-233 Attachment 2 Solutions Simplified, DocuSign Agreement-Vendor Signed Ward: All Synopsis of Previous Council Actions: None 14 Packet Pg. 367 Resolution No. 2021-233 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-233 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING A PROFESSIONAL SERVICES SOFTWARE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOLUTIONS SIMPLIFIED FOR DOCUSIGN SOFTWARE SERVICES WHEREAS, the City of San Bernardino is upgrading software and applications to improve efficiency, effectiveness, and customer service; and WHEREAS, DocuSign is a safe, secure, electronic signature software that is used throughout government and industry; and WHEREAS, the State of California entered into a contract with Solutions Simplified for DocuSign Software Services after a competitive bid process; and WHEREAS, the City of San Bernardino’s Municipal Code allows for utilizing other California government contract pricing. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager to execute the Professional Services Agreement with Solutions Simplified for DocuSign Software Services, 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. 14.a Packet Pg. 368 Attachment: Resolution No. 2021-233: Solutions Simplified-DocuSign Agreement (8546 : Professional Services Agreement with Solutions Resolution No. 2021-233 Resolution 2021- Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 369 Attachment: Resolution No. 2021-233: Solutions Simplified-DocuSign Agreement (8546 : Professional Services Agreement with Solutions Resolution No. 2021-233 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 14.a Packet Pg. 370 Attachment: Resolution No. 2021-233: Solutions Simplified-DocuSign Agreement (8546 : Professional Services Agreement with Solutions 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOLUTIONS SIMPLIFIED This Agreement is made and entered into as of October 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 Solutions Simplified, a California corporation with its principal place of business at 3626 Fair Oaks Blvd. Suite 100 Sacramento, CA 95864 (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 the following vendor services: DocuSign Enterprise Pro for Gov (hereinafter referred to as “the Project”). B. Pursuant to Chapter 3.04 of the City’s Municipal Code, the City is authorized to utilize cooperative bidding/piggyback contracting to utilize contracts awarded by other public agencies when it is in the City’s best interest to do so. C. State of California Software Licensing Program Contract No. SL P-21-70- 08181N (“SLP Agreement”) provides bid item prices for DocuSign services. D. The City desires to purchase DocuSign services at the bid item prices set forth in Contract Number SLP-21-70-0181N entered into between the California Department of General Services and Consultant. E. Consultant is duly licensed and has the necessary qualifications to provide such services. F. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 371 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 2 Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $76,990.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warran ted, 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 an d executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date and continue through May 21, 2024, the expiration date indicated within the SLP Agreement. This Agreement will be renewed annually until the e xpiration of the SLP agreement, unless terminated earlier according to Section 21 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 and DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 372 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 3 timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include 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, 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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 373 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreemen t 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 accorda nce 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 t he endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 374 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 5 performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. 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. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 375 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and h e/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insu rance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 376 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 7 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) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior 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 renewal certificate(s) including the General Liability A dditional 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. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 377 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 8 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable p rovisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 378 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 9 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. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the perfo rmance 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 . 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. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 379 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 10 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. Consulta nt 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). 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs 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 DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 380 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 11 event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Mary Moss and Dorothy Navarro as Project Managers. The Project Managers 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: CONSULTANT: DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 381 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 12 City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Precious Carter (Procurement Manager) With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney Solutions Simplified 3626 Fair Oaks Blvd. Suite 100 Sacramento, CA 95864 Rachel DaValle, President 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full fo rce 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. DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 382 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 13 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, bro kerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic 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] DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 383 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 14 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOLUTIONS SIMPLIFIED 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 SOLUTIONS SIMPLIFIED Signature Rachel DaValle Name President Title DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 384 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 15 EXHIBIT A Scope of Services and Schedule of Charges The City will utilize DocuSign for Electronic document subscription services. City employees using DocuSign services will issue and review electronically signed documents . City employees and outside parties must agree to complete business electronically. In addition to electronic document services, DocuSign will provide premier support services and consulting services. City shall issue a purchase order on an annual basis upon the occurrence of the First Year End Date. For each Purchase Order, the Unit Price is subject to reduction if envelope usage increases . Please see the pricing schedule below: ITEM# PART# DESCRIPTION QTY UNIT PRICE EXT. PRICE TAXED 1 APT-0488 Licensing DocuSign Enterprise Pro for Government – Envelopes DocuSign, Inc. – APT-0488 First Year Start Date: 10/01/2021 First Year End Date: 09/30/2022 20,000 $3.10 $62,000.00 N 2 APT-0148 Enterprise Premier Support 22% of Recurring Fees (22% of List Price per $100 of List License Fees) DocuSign, Inc. – APT-0148 Features: a. DocuSign Support Center b. Technical Customer Success Manager (TCSM) c. System Availability Monitoring d. Target Initial Response Time (2 hours) e. Global Emergency Support Time (30 min) f. Proactive Monitoring g. Sender and Signer Live Chat Support h. Live Phone Support i. Escalated Support j. Third-Party Software Support k. DocuSign Sandbox Demo Environment l. Web Application Administration Course First Year Start Date: 10/01/2021 First Year End Date: 09/30/2022 1 $13,640.00 $13,640.00 N 3 APT-0459 Adoption Consulting DocuSign, Inc.- APT-0459 Features: a. Deploy faster with guided onboarding expertise from DocuSign Adoption Consultants 1. We guide, you build 2. Admin Console Setup 3. Configuration review of up to three eSignature Web App use cases or a single out-of-the-box (OOTB) connector use case b. Expert-led Sessions c. Deployment Readiness d. Proven onboarding approach 1. Project Kickoff 2. Onboarding 3. Test/build 4. Handoff Start Date: 10/01/2021 End Date: 09/30/2022 1 $1,350.00 $1,350.00 N Subtotal $76,990.00 Tax Rate 8.75% Tax $0.00 Total $76,990.00 Payment Terms: Net 45 Days DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 385 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions 16 DocuSign Envelope ID: 4FC1F31A-989B-4CB6-82F6-18BFB9793FFB 14.b Packet Pg. 386 Attachment: Solutions Simplified DocuSign Agreement Vendor Signed 9.15.2021 (8546 : Professional Services Agreement with Solutions Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Amendment to Agreement with California Computer Options, Inc. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for information technology assistance in the City's migration to Office 365 and related server and other required upgrades. Background The City has been working to upgrade information techno logy infrastructure to improve connectivity, security, customer service and responsiveness. In FY 2019/2020, the Mayor and City Council authorized the purchasing upgrade to Microsoft Office 365 (O365), a cloud-based platform that not only ensures that ever y City user would be on the same version of Office, but also allows multiple users to be editing a document or spreadsheet at the same time, eliminating the version history issue created when documents are emailed back and forth for editing. Licenses for O365 for all City Office users were purchased by the IT Department in September 2020. Implementing the migration to O365 proved more difficult than anticipated, and the City contracted with California Computer Options, Inc., in April 2021 to assist the City in the migration to O365. The IT Director initially estimated the cost for the assistance at $28,750 with a not-to-exceed amount of $50,000 ($49,999). Because of issues with the City’s on-site server system, connectivity and other unexpected challenges, the City has reached the limit of the contract authority. Discussion To continue work and to ensure that the City can complete the migration, including upgrading the City’s technology infrastructure to ensure that O365 can operate in the cloud without connectivity or security issues, the City needs to amend the contract for additional work including: 1) Configuration of O365 tenant, domain, and network settings, 2) Migration of the City’s public folders to Microsoft cloud storage from on -site 15 Packet Pg. 387 8553 Page 2 servers, 3) Complete email migration from on-site server to Microsoft cloud mailbox, 4) Implement cloud-to-cloud backup, 5) Configure backup to ensure legal compliance for records retention, 6) Uninstall obsolete servers from network and clean up meta data to ensure t here is complete migration and no duplication of data in the active directory, and 7) Train IT staff on active directory synced email groups and user management. The quote for the additional services (Attachment 3) is for 75 hours at $115/hour for a total of $8,625. Given the issues that have come up throughout this project, staff recommends adding a contingency to this amount of $1,375, for a total amendment of $10,000, bringing the contract not-to-exceed amount to $59,999. 2020-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 1: Financial Stability by upgrading technology infrastructure to ensure security, connectivity, and compliance, and to minimize risk. Fiscal Impact There is no additional impact to the General Fund budget for FY 2021/22. The financial impact to the City is an expense of $10,000 for FY 2021/22 in the Information Technology department. No additional appropriation is required. The $49,999 contract amount was encumbered in FY 2020/21 and do es not impact the current year budget. FINANCIAL DATA Current Fiscal Year: FY 2022/23 ongoing COST $ 10,000 $ 0 $ 0 GENERAL FUND SHARE $ 10,000 $ 0 $ 0 SOURCE OF FUNDS: General Fund Budget Adjustment: No For Fiscal Year: 2021/22 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc., for information technology assistance in the City's migration to Office 365 and related server and other required upgrades. Attachments Attachment 1 Resolution 2021-234 Attachment 2 Exhibit A: Professional Services Agreement, Ca. Comp. Options Attachment 3 Quote for Additional Services Ward: All 15 Packet Pg. 388 8553 Page 3 Synopsis of Previous Council Actions: None 15 Packet Pg. 389 Resolution No. 2021-234 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-234 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA COMPUTER OPTIONS, INC., FOR INFORMATION TECHNOLOGY SERVICES WHEREAS, the City of San Bernardino is working to upgrade information technology infrastructure throughout the City; and WHEREAS, the City previously purchased Microsoft Office 365 licenses for all Office users; and WHEREAS, the City’s existing technology infrastructure was found to be unable to support the planned upgrade to the Office 365 platform; and WHEREAS, the City contracted with California Computer Options, Inc., to assist in the migration to Office 365 including any required upgrades to critical infrastructure. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for Professional Services, 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. 15.a Packet Pg. 390 Attachment: Resolution No. 2021-234: Calif. Comp. Options Services Agreement (8553 : Amendment to Agreement with California Computer Resolution No. 2021-234 Resolution 2021- Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 391 Attachment: Resolution No. 2021-234: Calif. Comp. Options Services Agreement (8553 : Amendment to Agreement with California Computer Resolution No. 2021-234 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 15.a Packet Pg. 392 Attachment: Resolution No. 2021-234: Calif. Comp. Options Services Agreement (8553 : Amendment to Agreement with California Computer 15.b Packet Pg. 393 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 394 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 395 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 396 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 397 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 398 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 399 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 400 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 401 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 402 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 403 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 404 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 405 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 406 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 407 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 408 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 409 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 410 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 411 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 412 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California 15.b Packet Pg. 413 Attachment: ATTACHMENT 2- Professional Services Agreement, Ca. Comp. Options (8553 : Amendment to Agreement with California DESCRIPTION PRICE QTY SUBTOTAL Supplemental IT Support for City of San Bernardino Microsoft 365 Migration- Additional Scope: •Complete configuration of o365 tenant, and DNS setting (addressing double name issue) •Migrate public folders •Complete the migration from on premise, to o365 mailbox's •Implement Cloud-to-Cloud Backup solution ◦Configure requested retention policies •Uninstall/Remove March from network, and clean up any meta data with in AD. •Assist outstanding issues, user side. •Train IT staff on how to create/ manage AD sync’d email groups and users (email related 1 EEstimatstimatee 15.c Packet Pg. 414 Attachment: Quote for Add'l Services 9.15.2021 (8553 : Amendment to Agreement with California Computer Options, Inc. (All Wards)) DESCRIPTION PRICE QTY SUBTOTAL Block hour contract: •Priority support for Supplemental IT Support and/ or other IT support. •180 days to use hours •75 hour block contract •Discounted hourly rate $115/ hour (Regular hourly rate $150/ hour) •Hours over 75 hour block contract are billable at the discounted rate of $115/hr. for the duration of this project. $115 75 $8,625 Total per hour $0 Total $8,625 2 15.c Packet Pg. 415 Attachment: Quote for Add'l Services 9.15.2021 (8553 : Amendment to Agreement with California Computer Options, Inc. (All Wards)) Brad McDermith, California Computer Options, Inc. 3 SignatSignatururee 1.The above reference items are New, and include shipping and Tax, unless otherwised specified. Prices are good for 30 days, unless otherwised specified. 2.If you have any questions at all, please let us know. We're happy to clarify any points and there may be some items that we can sort out together. We're committed to finding the best way to work together. 3.Once you feel confident about everything and are ready to move forward, please click the 'sign here' button below. 4.Once we receive notification of your acceptance, we'll contact you shortly to sort out next steps and get the project rolling. 5.If you'd like to speak to us by phone, don't hesitate to call 909-793-6338 Authorized representatives of the parties hereby execute this Request for Quotation and if price and terms are acceptable, Then CCO will prepare the proforma invoice. Rob Field, City Manager, City of San Bernardino 15.c Packet Pg. 416 Attachment: Quote for Add'l Services 9.15.2021 (8553 : Amendment to Agreement with California Computer Options, Inc. (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Back-Up Generator Replacement (All Wards) Recommendation Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850. Background Built in 1995, much of the original police station equipment is nearing the end of its expected life cycle and in need of replacement. One such piece of equipment is the emergency back-up power generator. The current generator, a Detroit Diesel Spectrum 750kW unit, provides adequate power to the entire station during power outages, but requires more and more routine maintenance to maintain performance and is no longer reliable for the long term. Life expectancy for this type of industrial generator is 15 to 20 years. The current generator is approximately 25 years old and Public Works staff advised that a replacement is needed. In March 2021, the City was awarded $300,000 in grant funds from the California Governor’s Office of Emergency Services (Cal OES). The funds were requested in part to purchase a new standby generator to replace the existing generator at the police station. The police station serves as the City’s Emergency Operation Center (EOC) and is the most critical piece of infrastructure related to emergency management and communication. In April 2021, the Mayor and City Council appropriated the $300,000 grant revenue and expenditure via Resolution No. 2021-78. RFQ F-21-36 was publicly posted on June 2, 2021, requesting bids to replace the current emergency generator. Five companies responded to the request. All bids submitted were over the $300,000 grant allotted. On July 1, 2021, all of the initial bidders were re-contacted and asked to submit amended bids, with costs specifically itemized to compare the bids between vendors better. Of the five companies who initially bid, four submitted revised bids. Those co mpanies were: R.I.C. Construction Co., P&J Electric, Inc, BWW & Company Inc, and California Building Evaluation & Construction, Incorporated. 16 Packet Pg. 417 8520 Page 2 Of the revised bids, California Building Evaluation & Construction, Inc. (CBE&C) submitted the most appropriate proposal. Discussion The police station is a vital City infrastructure requiring a dependable generator to provide emergency services to the community during power shutdowns efficiently. Staff’s grant proposal was approved for funding to replace the Depart ment’s generator and purchase several smaller generators, lighting equipment, and develop educational material related to emergency power shut offs. Unfortunately, the bids to replace the police station’s generator exceed the available grant funding. Staff contacted the appropriate Cal OES representative and confirmed that the Department could modify the proposed project, and the entire $300,000 may be used to fund the generator replacement. RFQ F-21-36 was posted requesting bids to replace the existing ge nerator. Five qualifying contractors submitted bids by the deadline of June 25, 2021. The bids ranged from $369,390 to $477,611.20. On July 1, 2021, the five initial bidders were re - contacted by Finance Department staff and asked to re -submit bids with the cost of City permits itemized and more competitive pricing if possible. The deadline for this subsequent bid was July 15, 2021. Four of the initial five contractors submitted revised bids. These bids ranged from $344,850 to $455,721.20. The tentative low-cost provider was California Building Evaluation & Construction, Inc. (CBE&C Inc.) at $344,850. California Building Evaluation & Construction, Inc maintains the required contracting licenses and has provided Finance Department staff with all relevant paperwork and documents in a timely manner. Although CBE&C Inc. is the most economic bidder with the ability to satisfy the scope of the project, the estimated costs still exceed the $300,000 in grant funds. Public Works staff, who have been aware of this project throughout, have identified accounts in their budget which can be used to fund the balance of the project costs at $44,850. 2020-2025 Key Strategic Targets and Goals This purchase aligns with Key Target No. 1: Financial Stability: Create an asset management plan. Fiscal Impact The financial impact to the City will be a one -time cost of $344,850. There is sufficient funding in the FY 2021/2022 Adopted Budget in the Power Resiliency Grant Account # 123-210-8819*5704 to cover $300,000. There is sufficient funding in Account # 001- 400-0037*5502 (Professional Contractual Services) to fulfill the balance $44,850. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-235 authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not 16 Packet Pg. 418 8520 Page 3 to exceed $344,850. Attachments Attachment 1 Resolution 2021-235 Attachment 2 Professional Service Agreement Attachment 3 Revised Bid Recap Attachment 4 California Building Evaluation and Construction Bid Form Ward: All Synopsis of Previous Council Action: April 7, 2021 Resolution 2021-78 of the Mayor and City Council authorizing the City Manager to accept the FY20/21 Community Power Resiliency Grant and appropriate $300,000 to revenue and expenditures. 16 Packet Pg. 419 Resolution No. 2021-235 Resolution 2021- Page 1 of 3 RESOLUTION NO. 2021-235 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA BUILDING EVALUATION AND CONSTRUCTION, INC.; AND ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $344,850 WHEREAS, the City of San Bernardino has been awarded the California Governor’s Office of Emergency Services, Community Power Resiliency Allocation to Cities Program/Public Safety Power Shutoffs Grant in the amount of $300,000; and WHEREAS, the City proposed, and received approval to use those grant funds for the replacement of the emergency standby generator at the Police Department for use during power emergencies; and WHEREAS, RFQ F-21-36 was issued requesting proposals from contractors to remove the existing generator, acquire a new generator of equal power yield, prepare the site for, and install the new generator and from the five vendor responses, California Building Evaluation and Construction, Inc. was selected as the best choice bidder. 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 authorize the City Manager to execute a professional service agreement, attached hereto as Exhibit “A,” between California Building Evaluation and Construction, Inc., and the City of San Bernardino. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to California Building Evaluation and Construction, Inc., of Santa Fe Springs, California to remove and replace the existing stand-by generator at a cost not to exceed $344,850. SECTION 4. 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 16.a Packet Pg. 420 Attachment: Attachment 1: Resolution 2021-235 Back-Up Generator Replacement (8520 : Back-Up Generator Replacement (All Wards)) Resolution No. 2021-235 Resolution 2021- Page 2 of 3 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 421 Attachment: Attachment 1: Resolution 2021-235 Back-Up Generator Replacement (8520 : Back-Up Generator Replacement (All Wards)) Resolution No. 2021-235 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 16.a Packet Pg. 422 Attachment: Attachment 1: Resolution 2021-235 Back-Up Generator Replacement (8520 : Back-Up Generator Replacement (All Wards)) CSLB / DIR 1000010181 946445/1000000678 785686/1000005490 514007/1000386458 Subcontractor(s): NONE Spiess Cponstruction License 333989/DIR 1000003665 Cico Electrical Contractors, Inc. License 837426/DIR 1000039342 1. Chris Green Electrical, 552968/1000386469 2. Tank Specialist of California, 745065/1000019546 ITEM DESCRIPTION Qty Mobilization to job site 1 3,477.00$ $2,500.00 $8,000.00 $25,000.00 Permit Cost, Please enter Breakdown of Cost for Permit 1 6,500.00$ $4,000.00 $26,000.00 $0.00 Removal of Current Generator 1 6,477.00$ $121,285.00 $9,000.00 $22,800.00 Constructin Materials 1 $ 9,457.00 $8,500.00 $10,000.00 $5,000.00 Please list Construction Materials 1 4" flex conduit, wire, labels, RGS conduits & wire List of Materials not submitted List of Materials not submitted List of Materials not Submitted Installation of New Generator 1 246,000.00$ $220,047.00 $205,000.00 $250,000.00 Demobilizatin/Clean-up 1 3,477.00$ $2,500.00 $10,000.00 $15,000.00 Labor Cost 1 22,401.00$ $25,000.00 $26,000.00 $22,000.00 Other Materials 1 108,962.00$ $30,460.00 $19,500.00 $5,000.00 Base Bid 1 406,751.00$ 414,292.00$ 313,500.00$ 344,800.00$ 10% Project Contingency 1 $40,675.10 $41,429.20 $31,350.00 $34,480.00 Base Bid Plus Contingency 1 $447,426.10 $455,721.20 $344,850.00 $379,280.00 Payment Terms 1 Progress Payments, No payment discount offered Progress Payments, No payment discount offered No payment terms entered on bid Progress Payments, No payment discount offered * Apparent Low Cost Provider California Buidling Evaluation & Construction Inc is the Tentative Low Cost Provider Permit Costs not submitted because Contractor didn't submit updated pricing form from 07/02/2021 * Pending Further Analysis BWW & Company Inc. (Recv'd revised byd on 7/15/2021 at 1:15PM - Bid Accepted, Bid submitted on incorrect pricing form)Revised Bid Recap RFB #F-21-36 Closing Date: 07/15/2021 R.I.C. CONSTRUCTION CO., INC. (Recv'd revised bid on 7/15/2021 at 10:00 AM) Polar Electrical Company (Didn't resubmit a revised bid) P&J Electric, Inc (Recv'd revised bid on 7/14/21 at 4:01pm) California Building Evaluation & Construction Inc (Recv'd revised bid on 7/15/2021 at 1:24PM) 16.b Packet Pg. 423 Attachment: Attachment 3 Revised Bid Recap (8520 : Back-Up Generator Replacement (All Wards)) Bid Submission Address: Request for Bids # City of San Bernardino Purchasing 290 North D. Street Bid Re-Issue Date: 7/1/2021 San Bernardino, CA. 92401 Bid Closing Date: 7/15/2021 Telephone: (909) 384-7272 on or before 1:30 P.M. Pacific Time Return bid to address above: PURCH-101 PW Over $25k 1 of 6 BID FORM Page 1 of 4 The bidder, having carefully examined the proposed site and all of the Contract Documents, proposes and agrees to furnish all tools, equipment, services, apparatus, facilities, transportation, labor and materials necessary to complete the project as outlined in this RFB in strict conformity with all of the Contract Documents. The bidder acknowledges receipt of the following addenda: Addendum No. 1 Date: 07/01/2021 Addendum No. 2 Date: 07/02/2021 BID SUMMARY Item Description Quantity UOM Unit Price Amount 1 Mobilization of Job Site 1 EA 8,000.00 8,000.00 2 Permit Cost, Please enter Breakdown of Cost for Permit: 1 EA 26,000.00 26,000.00 3 Removal of Current Generator 1 LS 9,000.00 9,000.00 4 Construction Materials LS 10,000.00 10,000.00 Please list Construction Materials 5 Installation of New Generator 1 LS 205,000.00 205,000.00 6 Demobilization/Clean-up 1 LS 10,000.00 10,000.00 7 Labor Cost 1 LS 26,000.00 26,000.00 8 Other Materials 1 LS 19,500.00 19,500.00 9 Base Bid: The undersigned agrees to perform all work required for this project for the sum of: (List sum of items 1 through 8) 313,500.00 10 10% Project Contingency 31,350.00 11 BASE BID PLUS CONTINGENCY 344,850.00 #4 – CONDUITS, FEEDERS, CONCRETE, ETC 16.c Packet Pg. 424 Attachment: Attachment 4 CBEC Bid Form (8520 : Back-Up Generator Replacement (All Wards)) Bid Submission Address: Request for Bids # City of San Bernardino Purchasing 290 North D. Street Bid Re-Issue Date: 7/1/2021 San Bernardino, CA. 92401 Bid Closing Date: 7/15/2021 Telephone: (909) 384-7272 on or before 1:30 P.M. Pacific Time Return bid to address above: PURCH-101 PW Over $25k 2 of 6 “S.F.” shall mean Square Foot “LS” shall mean Lump Sum In the event of an error on product quantity, the unit price will be extended or subtracted to cover the actual total. These prices include all applicable taxes, permits, licenses, insurance and bond costs, and all other costs incidental or related to the work. The following percentage information must also be provided for the Base Bid (though it will not be used in awarding the contract): Labor: % Materials: % Other: % All three must total 100%. PAYMENT TERMS Check one: ______ Lump sum payment at project completion ______ Progress payments (as stated in General Conditions) If prompt payment discount offered (for example, 1% Net 15) please describe: __________________________ LIQUIDATED DAMAGES - It is agreed that time is of the essence for completion of this work. Therefore, the parties agree the awarded bidder (Contractor) shall pay to the City, as fixed and liquidated damages, and not as penalty, a dollar sum in the amount of $500.00 per day for each calendar day beyond the allowed time stated in the Contract Documents after which the work is completed. (Not applicable to this project.) TIME FOR COMPLETION – Negotiated during time of contract agreement 16.c Packet Pg. 425 Attachment: Attachment 4 CBEC Bid Form (8520 : Back-Up Generator Replacement (All Wards)) Bid Submission Address: Request for Bids # City of San Bernardino Purchasing 290 North D. Street Bid Re-Issue Date: 7/1/2021 San Bernardino, CA. 92401 Bid Closing Date: 7/15/2021 Telephone: (909) 384-7272 on or before 1:30 P.M. Pacific Time Return bid to address above: PURCH-101 PW Over $25k 3 of 6 BID FORM Page 2 of 4 DESIGNATION OF SUBCONTRACTORS In compliance with Section 4104 of the California Public Contract Code, the following is a complete list of each subcontractor who will perform work or labor or render service in or about the project in the amount in excess of ½ of 1% of the total bid. PORTION OF THE WORK SUBCONTRACTOR LICENSE AND % AMOUNT D.I.R. NUMBERS 16.c Packet Pg. 426 Attachment: Attachment 4 CBEC Bid Form (8520 : Back-Up Generator Replacement (All Wards)) Bid Submission Address: Request for Bids # City of San Bernardino Purchasing 290 North D. Street Bid Re-Issue Date: 7/1/2021 San Bernardino, CA. 92401 Bid Closing Date: 7/15/2021 Telephone: (909) 384-7272 on or before 1:30 P.M. Pacific Time Return bid to address above: PURCH-101 PW Over $25k 4 of 6 BID FORM Page 3 of 4 AWARD OF CONTRACT The bidder understands that a contract is formed upon the acceptance of its bid by the City. The bidder agrees it will promptly execute and deliver to City the Agreement together with the required Payment and Performance Bonds and insurance documents. BID GUARANTEE The enclosed certified or cashier’s check or bid bond on the provided form, made payable to the City in the amount of ten percent (10%) of the total bid, is hereby given as a guarantee that the bidder will execute and deliver the Agreement and required bonds if awarded the contract. In the event that the bidder fails or refuses to execute and deliver said documents, such check or bond is to be charged with the costs of the damages experienced by the City as a result of such failure or refusal. Name of Bidder: Type of Organization: Signature: Name and Title: Address of Bidder: Telephone No.: Email: Contractor’s License No.: Classification: Expires: DIR Registration No.: 16.c Packet Pg. 427 Attachment: Attachment 4 CBEC Bid Form (8520 : Back-Up Generator Replacement (All Wards)) Bid Submission Address: Request for Bids # City of San Bernardino Purchasing 290 North D. Street Bid Re-Issue Date: 7/1/2021 San Bernardino, CA. 92401 Bid Closing Date: 7/15/2021 Telephone: (909) 384-7272 on or before 1:30 P.M. Pacific Time Return bid to address above: PURCH-101 PW Over $25k 5 of 6 BID FORM Page 4 of 4 TO BE SUBMITTED WITH BID NON-COLLUSION DECLARATION (Public Contract Code Section 7106) The undersigned declares: I am the of , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted its bid price of any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [State]. [Signature of Declarant] [Printed Name of Person Signing] [Name of Bidder] [Office or Title] 16.c Packet Pg. 428 Attachment: Attachment 4 CBEC Bid Form (8520 : Back-Up Generator Replacement (All Wards)) 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA BUILDING EVALUATION AND CONSTRUCTION, INC. This Agreement is made and entered into as of September 1st, 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 California Building Evaluation and Construction, a California corporation with its principal place of business at 12631 E. Imperial Highway Suite F-232-#4, Santa Fe Springs, CA, 90670 (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: The City of San Bernardino Police Department is seeking a qualified contractor to remove the existing stand-by generator, acquire a new generator of equal power yield, prepare the site for, and install the new generator (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” 16.d Packet Pg. 429 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $344,850. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable 16.d Packet Pg. 430 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 3 control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this 16.d Packet Pg. 431 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 4 Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: 16.d Packet Pg. 432 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 5 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). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. 16.d Packet Pg. 433 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required 16.d Packet Pg. 434 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 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 Aviation and/or 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 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is 16.d Packet Pg. 435 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 8 cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance 16.d Packet Pg. 436 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 9 by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined 16.d Packet Pg. 437 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 10 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 the County of San Bernardino, State of California. 21. Termination or Abandonment 16.d Packet Pg. 438 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 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 and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become 16.d Packet Pg. 439 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 12 the property of the City. 27. Organization. Consultant shall assign Eddie Qader 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: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: California Building Evaluation and Construction, Inc. 12631 E. Imperial Highway Suite F-232- #4, Santa Fe Springs, CA, 90670 Attn: Eddie Qader 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such 16.d Packet Pg. 440 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 13 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 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 16.d Packet Pg. 441 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 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. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 16.d Packet Pg. 442 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA BUILDING EVALUATION AND CONSTRUCTION, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title 16.d Packet Pg. 443 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 16 EXHIBIT A Mobilization to job site $8,000.00 Permit Costs, Breakdown of Cost for Permit $26,000.00 Removal of Current Generator $9,000.00 Construction Materials $10,000.00 Please list Construction Materials List of Materials not submitted Installation of New Generator $205,000.00 Demobilization/Clean-up $10,000.00 Labor Cost $26,000.00 Other Materials $19,500.00 Base Bid $313,500.00 10% Project Contingency $31,350.00 Base Bid Plus Contingency $344,850.00 Payment Terms No payment terms entered on bid 16.d Packet Pg. 444 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) 17 16.d Packet Pg. 445 Attachment: Attachment 2 Professional Services Agreement [Revision 1] (8520 : Back-Up Generator Replacement (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7) Recommendation Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to: 1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorize the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a project budget in an amount not to exceed $3,637,000 , in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. Background The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction of streets throughout the City’s borders. As a result, road resurfacing and maintenance is divided between these two jurisdictions. County staff contacted the City to determine the City’s willingness to fund portions of the cost to rehabilitate various shared streets ("Project") and to partner with the County to have this done in the most effective way. Discussion Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects. Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the County delineating the roles, responsibilities, and contributions of both the County and the City regarding the Projects. Through the Agreement, the County will be the lead agency and will invoice the City upon completion of each Project. The City will contribute a total of $3,637,000 over three fiscal years as follows: 17 Packet Pg. 446 8489 Page 2 Fiscal Year City Share FY 2021/22 $ 371,000 FY 2022/23 $1,349,000 FY 2023/24 $1,917,000 Total $3,637,000 These are budgetary estimates and may change after the completion of the project. 10% project contingency is required in order to cover any overage in the cost upon completion and will be funded through Measure I. The scope of work is to do pavement rehabilitation and Americans with Disabilities Act (ADA) curb ramps as specified in Exhibit “A” (Cooperative Agreement with the County) at the following locations: Project 1: Arden Avenue and Other Roads; (Ward 1,2,4 & 7) DEL ROSA AVENUE .03M N, DATE ST (NLEG)N/MARSHALL BL DEL ROSA AVENUE DEL ROSA DR N .08M SIXTH STREET WATERMAN AVE E/.23M W. PEDLEY RD WATERMAN AVENUE S LINE,WARD N/SIXTH ST WATERMAN AVENUE ALLEY S,5TH N/N LINE ,5TH WATERMAN AVENUE THIRD ST N/FOURTH ST ARDEN AVENUE .07M N. HIGHLAND AVE N/LYNWOOD DR LYNWOOD DRIVE STERLING AVE E/ARDEN AVE LYNWOOD DRIVE ARDEN AVE E/.03M E. BLYTHE ST HARRISON STREET DEL NORTE DR N/MARSHALL BLVD HARRISON STREET MARSHALL BLVD N/.03M S, 35TH ST HARRISON STREET LYNWOOD DR N/.02M S. DEL NORTE DR ELMWOOD ROAD DEL ROSA AVE N/.02M N,20TH ST FOURTH STREET WATERMAN AVE E/ PALM LN Project 2: Blake Street and Other Roads; (Ward 6) JUNE PLACE SAN BENITO ST E/JUNE ST PORTER STREET MACY ST E/CALIFORNIA ST ADAMS STREET MACY ST E/CALIFORNIA ST JUNE STREET JUNE PL NE/CAJON BLVD CALIFORNIA STREET .10M S,DARBY N/CAJON BLVD Project 3: Citrus Street and Other Roads (Ward 1,2,4&7) ARDEN AVENUE LYNWOOD DR N .11M BARTON STREET .03M N,BASE LINE N/PACIFIC ST 17 Packet Pg. 447 8489 Page 3 CITRUS STREET STERLING AVE E/.03M E,BLYTHE ST CONEJO DRIVE PACIFIC ST N .10M CONEJO DRIVE .05M N,BASE LINE N/PACIFIC ST DEL ROSA AVENUE PACIFIC ST N/DEL ROSA DR DWIGHT WAY BASE LINE N/PACIFIC ST GLASGOW AVENUE BASE LINE N/PACIFIC ST MONTEREY AVENUE PALM LN E/PINE ST MONTEREY AVENUE PINE ST E/WHITLOCK AVE PEDLEY ROAD THIRD ST N/SIXTH ST PERRIS HILL ROAD BASE LINE N/PACIFIC ST STERLING AVENUE CITRUS ST N/LYNWOOD DR STERLING AVENUE DATE PL N/0009M N,DATE ST (SBO CL) STERLING AVENUE PACIFIC ST N/HIGHLAND AVE TIPPECANOE AVENUE BASE LINE N/PACIFIC ST YATES STREET BASE LINE N/END Project 4: Lynwood Drive and Other Roads (Ward 4 & 7) DEL NORTE DRIVE HARRISON E/GOLDEN DEL ROSA AVENUE EUREKA ST N/FOOTHILL DR E STREET FORTIETH ST N/FORTY-EIGHTH ST ECHO DRIVE MODESTO DR E/FERNDALE AVE EDGEMONT DRIVE BONNIE ST E/GOLONDRINA DR EUREKA STREET DEL ROSA AVE E/STERLING AVE FOOTHILL DRIVE DEL ROSA AVE E/STERLING AVE FOOTHILL DRIVE STERLING AVE E/MANZANITA DR FORTIETH STREET .08M W,GOLDEN AVE E .19M FORTY-EIGHTH STREET "E" ST E .24M (SBO CL) FOURTH AVENUE .04M N,KENDALL DR N/HILL DR HILL DRIVE .03M W,MAGNOLIA DR E/MAGNOLIA DR HILL DRIVE MAGNOLIA AVE E/FOURTH AVE HILL DRIVE FOURTH AVE E/.06 M E,MOUNTAIN DR HILL DRIVE .06M E,THIRD AVE E/"E" STREET IRONWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR LYNWOOD DRIVE HARRISON ST E/MOUNTAIN AVE LYNWOOD DRIVE DEL ROSA AVE E/0017M W,STERLING MAGNOLIA DRIVE FORTY-EIGHTH ST N/HILL DR 17 Packet Pg. 448 8489 Page 4 MARSHALL BLVD DEL ROSA AVE E/OSBUN RD (SBO CL) MARSHALL BLVD 0002M W,GOLONDRINA E/STERLING AVE MARSHALL BLVD STERLING AVE E/ARDEN AVE MARSHALL BLVD ARDEN AVE E/0004M W,VALARIA DR MODESTO DRIVE THIRTY-FIFTH ST N/THIRTY-SIXTH ST MOUNTAIN AVENUE LYNWOOD DR N/0002M N,GLENMARE ST MOUNTAIN AVENUE 0007M S,EUREKA ST N 0005M MOUNTAIN AVENUE 0021M S,YUCCA DR N/0010M S,39TH ST THIRTY-FIFTH STREET 0003M W,GARDEN E/0004M E,CONEJO DR THIRTY-NINTH STREET 0003M E,GOLDEN E/0001MW,FERNDALE AVE Project 5: Third Street and Other Roads (Ward 1&7) BASE LINE 0.02M E,CONEJO DR E/GLASGOW AVE BASE LINE YATES ST E/DEL ROSA DR FIFTH STREET WATERMAN AVE E/0.23M W,PEDLEY RD FIFTH STREET 0.03M W,PEDLEY RD E/TIPPECANOE AVE HIGHLAND AVENUE .03M W,MERITO PL E/STERLING AVE MONTEREY AVENUE 0.04M E,WATERMAN AVE E/COOLEY ST PACIFIC STREET PERRIS HILL PK RD E/.04M E,FAIRFAX DR THIRD STREET WATERMAN AVE E/TIPPECANOE AVE Project 6: Curb Ramp List (Ward 1) (North San Bernardino Area) BASELINE STREET TIPPECANOE AVENUE DEL ROSA DRIVE FISHER STREET DEL ROSA DRIVE FISHER STREET GLASGOW AVENUE BESSANT STREET NINETEEN STREET ELM AVENUE OSBURN ROAD CROSS STREET OSBURN ROAD CROSS STREET PACIFIC STREET DEL ROSA AVENUE PACIFIC STREET DEL ROSA AVENUE PACIFIC STREET ELM AVENUE PACIFIC STREET ELM AVENUE PACIFIC STREET ELMWOOD ROAD PACIFIC STREET ELMWOOD ROAD PUMALO STREET ROSENA AVENUE PUMALO STREET ROSENA AVENUE PUMALO STREET OSBUN ROAD PUMALO STREET OSBUN ROAD 17 Packet Pg. 449 8489 Page 5 2020-2025 Key Strategic Targets and Goals This project aligns with Key Targets No. 1c: Create a framework for spending decisions and 1e: Create an asset management plan. Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective than performing individual projects on shared roadways. The Project will be a positive contribution to the asset management plan by improving and preserving these sections of roadway. Fiscal Impact There is no General Fund impact associated with this action. The Project is an eligible expenditure of Measure I funding and sufficient funds are available in Measure I Fund No. 129 to support San Bernardino’s portion of the Project costs. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2021-236: 1. Approving a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establishing a project budget in an amount not to exceed $3,637,000, in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. Attachments Attachment 1 Resolution No. 2021-236 Attachment 2 Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement Attachment 3 Locations Wards: 1, 2, 4, 6 and 7 Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22. 17 Packet Pg. 450 Resolution No. 2021-236 Resolution 2021- Page 1 of 4 RESOLUTION NO. 2021-236 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A COOPERATIVE FUNDING AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR STREET REHABILITATION ON VARIOUS STREETS; AND AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2021/22 CAPITAL IMPROVEMENT PLAN (CIP) TO INCLUDE THE STREET REHABILITATION COOPERATION WITH SAN BERNARDINO COUNTY ON VARIOUS STREETS (“PROJECT”) AND ESTABLISHING A PROJECT BUDGET IN AN AMOUNT NOT TO EXCEED $3,637,000 IN MEASURE I FUND NO. 129 FOR FY 2021/22, FY 2022/23 AND FY 2023/24 WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino (“City”) share jurisdiction on many streets throughout the City's borders. As a result, road resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the City in order to determine the City’s willingness to fund the San Bernardino portion of the Street Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation done in the most effective way; and WHEREAS, Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction. The inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by cooperative projects; and WHEREAS, Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the County delineating the roles, responsibilities, and contributions of both County and the City with regard to the Project. Through the Agreement, County will be the lead agency and will invoice City of the completion of work. WHEREAS, The City will contribute $371,000 plus 10% project contingency in FY 21/22; and WHEREAS, The City will contribute $1,349,000 plus 10% project contingency in FY 22/23; and WHEREAS, The City will contribute $1,917,000 plus 10% project contingency in FY 23/24; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17.a Packet Pg. 451 Attachment: Attachment 1 - Resolution No. 2021-236 Cooperative Funding Agreement W/San Bernardino County [Revision 2] (8489 : Resolution No. 2021-236 Resolution 2021- Page 2 of 4 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2, Mayor and City Council hereby authorize the City Manager, or designee, on behalf of the City of San Bernardino to execute the Cooperative Agreement with the County of San Bernardino for Street Rehabilitation on Various Streets attached hereto as Exhibit “A”. SECTION 3. Mayor and City Council hereby authorize the Finance Director to amend FY 2021/22 Capital Improvement Plan (CIP) add Street Rehabilitation Cooperation with San Bernardino County at Various Street Project (“Project”) and record a budget adjustment in the amount of $3,637,000 in Measure I Fund No. 129 over FY 21/22 thru FY 23/24 to support the Project. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves pavement rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because installation of asphalt pavement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. 17.a Packet Pg. 452 Attachment: Attachment 1 - Resolution No. 2021-236 Cooperative Funding Agreement W/San Bernardino County [Revision 2] (8489 : Resolution No. 2021-236 Resolution 2021- Page 3 of 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 453 Attachment: Attachment 1 - Resolution No. 2021-236 Cooperative Funding Agreement W/San Bernardino County [Revision 2] (8489 : Resolution No. 2021-236 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 17.a Packet Pg. 454 Attachment: Attachment 1 - Resolution No. 2021-236 Cooperative Funding Agreement W/San Bernardino County [Revision 2] (8489 : Standard Contract Page 1 of 32 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works Department Contract Representative Sundaramoorthy (Sri) Srirajan, P.E., Engineering Manager Telephone Number 387-8166 Project San Bernardino Area Projects Contractor City of San Bernardino Contractor Representative Alex Qishta, P.E. Telephone Number 384-5179 Contract Term Expiration 12/31/2026 Original Contract Amount $3,637,000 Amendment Amount $0 Total Contract Amount $3,637,000 Cost Center 6650002000 (H15159, H15160, H15161, H15162, H15068, and H15030) IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in the following individual pavement improvement and Americans with Disabilities Act (ADA) curb ramp projects: 1. Arden Avenue and Other Roads; 2. Blake Street and Other Roads; 3. Citrus Street and Other Roads; 4. Lynwood Drive and Other Roads; 5. Third Street and Other Roads; and 6. North San Bernardino Area ADA Curb Ramps (hereinafter collectively referred to as “PROJECT” for purposes of this Agreement only); and, WHEREAS, the road list and the ADA curb ramp list for each of the individual projects are shown in Exhibit “A”, which is attached hereto and incorporated herein by this reference; and, Contract Number SAP Number 17.b Packet Pg. 455 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 2 of 32 WHEREAS, COUNTY has determined that the CITY owns nine (9) sewer manholes (hereinafter referred to as “manholes”) located within Project No. 1 area, more specifically, on Sixth Street, from Waterman Avenue east to 0.23 mile west of Pedley Road; and, WHEREAS, the manholes will require height adjustment during the PROJECT’s construction to ensure the manholes are leveled to the pavement after the completion of the PROJECT; and, WHEREAS, the PROJECT is located in unincorporated areas of the COUNTY and incorporated areas of the CITY; and, WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and, WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY Senate Bill 1 Road Maintenance and Rehabilitation Account funds and Gas Tax revenues, and CITY’s share of PROJECT costs will be financed through its local funds; and, WHEREAS, the total PROJECT cost is estimated to be $23,724,000; and, WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $20,087,000 and the CITY’s share of PROJECT cost is estimated to be $ 3,637,000 as more particularly set forth in Exhibits “B” and “C”, which are attached hereto and incorporated herein by this reference; and, WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and, WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the preliminary engineering, design, survey, California Environmental Quality Act (CEQA) review and compliance (Public Resources Code section 21000 et seq.), utility relocation work, construction, construction engineering, and inspection of the PROJECT. 1.2 If required for the PROJECT, at its own cost, design and perform all right-of-way acquisition related work inside the unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of- way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval pursuant to paragraph 2.1 below. 1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1. 1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.9 below. 1.6 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way. 17.b Packet Pg. 456 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 3 of 32 1.7 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties. 1.8 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11- 07SP. Additionally, require its contractor to name CITY as an additional insured on its insurance policies and to name the CITY as a co-obligee on the performance and payment bonds provided for the PROJECT. 1.9 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost. 1.10 After bid opening of each individual project and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of the individual project’s construction costs based on the COUNTY/CITY percentage share determined from the bid result. 1.11 Upon each individual project’s completion, calculate actual COUNTY/CITY project share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY jurisdiction, as provided in this Agreement. 1.12 Based on the COUNTY percentage calculated pursuant to paragraph 1.10, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation work, construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $20,087,000 and shall not exceed $25,108,750 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17. 1.13 Upon each individual project’s completion and the capture of all project expenses, submit to the CITY an itemized accounting of actual project costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.10 and 2.4, an invoice for the remainder of the CITY’s share of the actual project costs, up to the amount set forth in paragraph 2.5, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.10 and 2.4, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting. 2.0 CITY AGREES TO: 2.1 Review, approve, and provide comments, if necessary, for the PROJECT’s plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY’s jurisdiction. 2.2 If required for the PROJECT, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way). 2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way. 2.4 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.10 above, pay to the COUNTY the invoiced amount. 2.5 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.13 above, pay to the COUNTY the remainder of CITY’s share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.10. The PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA review and compliance, utility relocation work, construction, construction engineering, inspection and COUNTY overhead costs. CITY shall pay all actual costs incurred by COUNTY 17.b Packet Pg. 457 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 4 of 32 associated with the adjustments to the CITY’s manholes, regardless of the estimated cost or estimated number of manholes identified, even if they are higher than the estimated cost. CITY shall pay 100% of the actual cost for adjusting the manholes as a separate expense from this Agreement. CITY’s share of PROJECT costs is currently estimated to be $3,637,000 and shall not exceed $4,546,250 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative. 3.0 IT IS MUTUALLY AGREED: 3.1 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and after CITY’s and COUNTY’s acceptance of each individual completed project, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area, and the CITY shall be responsible for performing any and all work (including, but not limited to, maintenance) for City streets in the PROJECT limits that are in the CITY incorporated area. 3.2 COUNTY agrees to indemnify and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions which arise from COUNTY’s performance of its obligations under this Agreement. 3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions which arise from CITY’s performance of its obligations under this Agreement. 3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4. 3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement. 3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of the PROJECT’s cost of $23,724,000 (which is the sum of $20,087,000 from COUNTY and $3,637,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in paragraphs 1.12 and 2.5. 3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.17 will be paid solely by the Party requesting the work. 3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries. 3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of over 25% of the estimated total of each individual project’s costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor 17.b Packet Pg. 458 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 5 of 32 to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent. 3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor. 3.12 If, after opening bids for each individual project, it is found that the responsive and responsible low bid amount is 25% or less over the individual project’s construction cost shown in Exhibit B, COUNTY may award the contract. 3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the individual project’s construction cost shown in Exhibit B or the Amended Exhibit B pursuant to paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer or designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the above described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after sixty (60) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 3.14 In the event that change orders are required during the course of the PROJECT, said change orders must be delivered by fax or email and must be returned within two (2) days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order. 3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct. In the event of cancellation as provided herein, including termination pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval. 3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.12. 3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California. 3.19 Time is of the essence for each and every provision of this Agreement. 3.20 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed COUNTY work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 17.b Packet Pg. 459 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 6 of 32 3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. 3.23 This Agreement may be signed in counterparts, each of which shall constitute an original. 3.24 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.16 or December 31, 2026 (whichever occurs first). 3.25 The Recitals are incorporated into the body of this Agreement. SIGNATURES ON THE FOLLOWING PAGE 17.b Packet Pg. 460 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 7 of 32 FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Andy Silao, P.E., Engineering Manager Brendon Biggs, Director Date Date Date SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO By Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Robert D. Field SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title City Manager Lynna Monell Clerk of the Board of Supervisors San Bernardino County (Print or Type) By Dated: Deputy Address 290 North D Street San Bernardino, CA 92401 17.b Packet Pg. 461 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 8 of 32 EXHIBIT A FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO PAVEMENT IMPROVEMENT AND ADA CURB RAMP UPDATE PROJECTS IN THE SAN BERNARDINO AREA Project 1: Arden Avenue and Other Roads –Road List Road Name Road Limits County Length City Length Total Length Scope of Work City of San Bernardino-County Shared Roads DEL ROSA AVENUE .03M N,DATE ST (NLEG)N/MARSHALL BL 0.19 0.19 0.38 Full Depth DEL ROSA AVENUE DEL ROSA DR N .08M 0.04 0.04 0.08 Mill and Overlay SIXTH STREET WATERMAN AVE E/.23M W,PEDLEY RD 0.24 0.22 0.46 Full Depth WATERMAN AVENUE S LINE,WARD N/SIXTH ST 0.03 0.04 0.07 Mill and Overlay WATERMAN AVENUE ALLEY S,5TH N/N LINE ,5TH 0.02 0.01 0.03 Mill and Overlay WATERMAN AVENUE THIRD ST N/FOURTH ST 0.06 0.07 0.13 Mill and Overlay ARDEN AVENUE .07M N,HIGHLAND AVE N/LYNWOOD DR 0.49 0.18 0.67 Full Depth LYNWOOD DRIVE STERLING AVE E/ARDEN AVE 0.33 0.17 0.50 Mill and Overlay LYNWOOD DRIVE ARDEN AVE E/.03M E,BLYTHE ST 0.18 0.07 0.25 Mill and Overlay HARRISON STREET DEL NORTE DR N/MARSHALL BLVD 0.05 0.06 0.11 Mill and Overlay HARRISON STREET MARSHALL BLVD N/.03M S, 35TH ST 0.16 0.16 0.32 Mill and Overlay HARRISON STREET LYNWOOD DR N/.02M S,DEL NORTE DR 0.02 0.03 0.05 Mill and Overlay ELMWOOD ROAD DEL ROSA AVE N/.02M N,20TH ST 0.07 0.07 0.14 Mill and Overlay FOURTH STREET WATERMAN AVE E/ PALM LN 0.37 0.04 0.41 Mill and Overlay Arden Avenue Total Project Miles: 2.25 1.35 3.60 ADA Curb Ramp List Ramp Location Cross Street Ramp Location ARDEN AVENUE PUMALO STREET NW ARDEN AVENUE PUMALO STREET NE ARDEN AVENUE PUMALO STREET SE ARDEN AVENUE ORCHID DRIVE SE ARDEN AVENUE ORCHID DRIVE NE ARDEN AVENUE TWENTY-THIRD STREET SE ARDEN AVENUE TWENTY-THIRD STREET NE ARDEN AVENUE DATE STREET NW ARDEN AVENUE DATE STREET SE ARDEN AVENUE MIRADA STREET SE ARDEN AVENUE MIRADA STREET NE ARDEN AVENUE HOLY VISTA BLVD SW ARDEN AVENUE HOLY VISTA BLVD NW ARDEN AVENUE HIGHLAND AVENUE NW ARDEN AVENUE HIGHLAND AVENUE SE ARDEN AVENUE HIGHLAND AVENUE SW 17.b Packet Pg. 462 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 9 of 32 Ramp Location Cross Street Ramp Location ARDEN AVENUE HIGHLAND AVENUE NE ARDEN STREET DATE STREET NE CARPENTER STREET DEL ROSA AVENUE SW CARPENTER STREET DEL ROSA AVENUE NW CITRUS STREET ARDEN AVENUE SW CITRUS STREET ARDEN AVENUE NW CITRUS STREET ARDEN AVENUE NE CITRUS STREET ARDEN AVENUE SE CITRUS STREET ARDEN AVENUE NE DEL ROSA DRIVE DEL ROSA AVENUE NW DEL ROSA DRIVE DEL ROSA AVENUE SW DEL ROSA DRIVE DEL ROSA AVENUE SE FIFTH STREET WATERMAN AVENUE SE FIFTH STREET WATERMAN AVENUE NE FIFTH STREET WATERMAN AVENUE NW FOURTH STREET WATERMAN AVENUE NW FOURTH STREET PALM LANE NW FOURTH STREET PALM LANE SW FOURTH STREET SCHOOLS SW FOURTH STREET SCHOOLS SE FOURTH STREET WATERMAN AVENUE NE FOURTH STREET WATERMAN AVENUE SW FOURTH STREET WATERMAN AVENUE SE KINGMAN STREET WATERMAN AVENUE NW KINGMAN STREET WATERMAN AVENUE SW LYNWOOD AVENUE BELVEDERE AVENUE NE LYNWOOD DRIVE BLYTHE AVENUE SE LYNWOOD DRIVE BLYTHE AVENUE SW LYNWOOD DRIVE NEWCOMB STREET NE LYNWOOD DRIVE NEWCOMB STREET NW LYNWOOD DRIVE McKINLEY AVENUE NE LYNWOOD DRIVE McKINLEY AVENUE NW LYNWOOD DRIVE HUDSON AVENUE NE LYNWOOD DRIVE HUDSON AVENUE NW LYNWOOD DRIVE ARDEN AVENUE SW LYNWOOD DRIVE ARDEN AVENUE SE LYNWOOD DRIVE ARDEN AVENUE NE LYNWOOD DRIVE STANTON AVENUE NE LYNWOOD DRIVE STANTON AVENUE SE LYNWOOD DRIVE STANTON AVENUE SW LYNWOOD DRIVE STANTON AVENUE NW LYNWOOD DRIVE DEL ROSA AVENUE SE LYNWOOD DRIVE DEL ROSA AVENUE NE LYNWOOD DRIVE BELVEDERE AVENUE SW LYNWOOD DRIVE DEL ROSA AVENUE SW LYNWOOD DRIVE DEL ROSA AVENUE NW LYNWOOD DRIVE LYNWOOD GREENS APARTMENTS NE LYNWOOD DRIVE LYNWOOD GREENS APPARTMENTS NW LYNWOOD DRIVE ENTRANCE LYNOWOOD GREEN NE 17.b Packet Pg. 463 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 10 of 32 Ramp Location Cross Street Ramp Location LYNWOOD DRIVE ENTRANCE LYNWOOD GREEN NW LYNWOOD DRIVE ARDEN AVENUE LYNWOOD DRIVE BELVEDERE AVENUE NW LYNWOOD DRIVE VALARIA DRIVE SE LYNWOOD DRIVE VALARIA DRIVE SW LYNWOOD DRIVE At School driveway SE LYNWOOD DRIVE At school SW MARSHALL BLVD DEL ROSA AVENUE NW MARSHALL BLVD DEL ROSA AVENUE SW MONTEREY AVENUE WATERMAN AVENUE NE MONTEREY AVENUE WATERMAN AVENUE SE PUMALO STREET ARDEN AVENUE SW SIXTH STREET WATERMAN AVENUE NE THIRD STREET WATERMAN AVENUE NE WATERMAN AVENUE SIXTH STREET NW WATERMAN AVENUE THIRD STREET NE WATERMAN AVENUE THIRD STREET SE WATERMAN AVENUE THIRD STREET NW WATERMAN AVENUE THIRD STREET SW Project 2: Blake Street and Other Roads - Road List Road Name Road Limits County Length City Length Total Length Scope of Work City of San Bernardino-County Shared Roads JUNE PLACE SAN BENITO ST E/JUNE ST 0.03 0.04 0.07 Scrub Seal and Slurry II PORTER STREET MACY ST E/CALIFORNIA ST 0.49 0.03 0.52 Scrub Seal and Slurry II ADAMS STREET MACY ST E/CALIFORNIA ST 0.46 0.04 0.5 Patch, Scrub Seal and Slurry II JUNE STREET JUNE PL NE/CAJON BLVD 0.05 0.06 0.11 Scrub Seal and Slurry II CALIFORNIA STREET .10M S,DARBY N/CAJON BLVD 0.26 0.25 0.51 Scrub Seal and Slurry II County Only Roads ACAPULCO AVENUE PORTOLA ST NW/JUNE ST 0.21 0 0.21 Scrub Seal and Slurry II ACAPULCO COURT 0.03M S,ACAPULCO AVE NE/ACAPULCO AVE 0.03 0 0.03 Scrub Seal and Slurry II APPLE AVENUE .03M SE,PECAN AV NW/.07M NW,PECAN AV 0.09 0 0.09 Scrub Seal and Slurry II ARIZONA AVENUE DARBY ST N .14M 0.14 0 0.14 Scrub Seal and Slurry II BANYAN STREET MAPLE AVE E/LINDEN AVE 0.25 0 0.25 Scrub Seal and Slurry II BLAKE STREET .10M W,VERMONT ST E/STATE ST 1.1 0 1.1 Scrub Seal and Slurry II BLAKE STREET .25M W,VERMONT ST E .15M 0.15 0 0.15 Scrub Seal and Slurry II BOHNERT AVENUE .13M E,LOCUST AVE E/CEDAR AVE 0.32 0 0.32 Mill and Overlay BRONSON STREET KERN N/3RD 0.75 0 0.75 Patch, Scrub Seal and Slurry II BRONSON STREET 3RD AVE .07M 0.07 0 0.07 Scrub Seal and Slurry II CARMELINA STREET PORTOLA ST N .08M 0.08 0 0.08 Scrub Seal and Slurry II 17.b Packet Pg. 464 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 11 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work CHELSEA COURT .04M SW,MAGNOLIA AVE NE/MAGNOLIA AVE 0.04 0 0.04 Leveling Course, Chip Seal and Slurry II CHERRY STREET RIVERSIDE AVE OHE N/SYCAMORE AVE 0.08 0 0.08 Scrub Seal and Slurry II CHESHIRE STREET .13M W,COMPTON AVE E/LAWRIE AVE 0.26 0 0.26 Patch, Scrub Seal and Slurry II COLUMBINE AVENUE GEREMANDER NE/MAGNOLIA 0.15 0 0.15 Leveling Course, Chip Seal and Slurry II COMPTON AVENUE CHESHIRE N .03M 0.03 0 0.03 Patch, Scrub Seal and Slurry II DARBY STREET .11M W,JUNE ST E/JUNE ST 0.11 0 0.11 Scrub Seal and Slurry II DATE AVENUE RIVERSIDE OHE NW/MAGNOLIA 0.41 0 0.41 Leveling Course, Chip Seal and Slurry II DON DIEGO STREET PORTOLA ST N .08M 0.08 0 0.08 Scrub Seal and Slurry II DUFFY STREET .08M S,MALLORY ST N/3RD AVE 1.58 0 1.58 Patch, Scrub Seal and Slurry II EMERSON STREET .03M W,LUTHER AVE E/LUTHER AVE 0.03 0 0.03 Scrub Seal and Slurry II FIRST AVENUE GRAY ST E/BRONSON ST 0.23 0 0.23 Patch, Scrub Seal and Slurry II FIRST AVENUE BRONSON ST E/.02 W,CAJON BLVD 1.09 0 1.09 Scrub Seal and Slurry II GALWAY STREET LAWRIE AVE E/WILLOW AVE 0.07 0 0.07 Scrub Seal and Slurry II GEREMANDER AVENUE KAURI AVE NLY/SYCAMORE AVE 0.52 0 0.52 Leveling Course, Chip Seal and Slurry II GRAY STREET .10M S,OGDEN ST N/THIRD AVE 0.62 0 0.62 Scrub Seal and Slurry II JUNE STREET DARBY N/3RD AVE 1.25 0 1.25 Patch, Scrub Seal and Slurry II JUNE STREET 3RD AVE N/JUNE PL 0.21 0 0.21 Scrub Seal and Slurry II JUNE STREET 0006M S,DARBY ST N/DARBY ST 0.06 0 0.06 Scrub Seal and Slurry II KAURI AVENUE RIVRSDE AVE OHE NE/MAGNOLA 0.17 0 0.17 Scrub Seal and Slurry II KENT STREET MACY ST E/KERRY ST 0.06 0 0.06 Patch, Scrub Seal and Slurry II KERN STREET END E/BRONSON ST 0.12 0 0.12 Patch, Scrub Seal and Slurry II KERN STREET BRONSON E/STATE 1.34 0 1.34 Scrub Seal and Slurry II KERRY STREET BLAKE ST N/KENT ST 0.2 0 0.2 Scrub Seal and Slurry II KNOLLWOOD AVENUE RIVRSIDE AVE E/SYCMORE AVE 0.16 0 0.16 Scrub Seal and Slurry II KOA DRIVE END E/KAURI AVENUE 0.05 0 0.05 Leveling Course, Chip Seal and Slurry II KOA DRIVE ROWAN AVE NW/END 0.03 0 0.03 Leveling Course, Chip Seal and Slurry II LARCH AVENUE RIVERSIDE AVE OHE E/END 0.16 0 0.16 Leveling Course, Chip Seal and Slurry II LAWRIE AVENUE GALWAY ST N/CHESHIRE ST 0.1 0 0.1 Scrub Seal and Slurry II LILAC AVENUE CASMALIA ST N/0005M N,CHESHIRE ST 0.2 0 0.2 Scrub Seal and Slurry II LUPIN AVENUE GEREMANDER AVE NE/MAGNOLIA 0.09 0 0.09 Scrub Seal and Slurry II LUPIN AVENUE RIVERSIDE OHE NE/DATE AVE 0.09 0 0.09 Scrub Seal and Slurry II 17.b Packet Pg. 465 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 12 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work LUTHER AVENUE SECOND AVE N/EMERSON ST 0.06 0 0.06 Scrub Seal and Slurry II MAGNOLIA AVENUE OLIVE SE/COUNTRY CLUB 0.4 0 0.4 Leveling Course, Chip Seal and Slurry II MAGNOLIA AVENUE PERRY AVE NW/GEREMANDER 0.26 0 0.26 Leveling Course, Chip Seal and Slurry II MAGNOLIA AVENUE 0002M SW,KAURI AVE NW/ROWAN AVE 0.13 0 0.13 Scrub Seal and Slurry II MAGNOLIA COURT END NE/MAGNOLIA AVE 0.04 0 0.04 Leveling Course, Chip Seal and Slurry II MALLORY STREET END E/0006M W,CALIFORNIA ST 0.79 0 0.79 Scrub Seal and Slurry II MESA STREET 0011M W,MACY ST (SBO CL)E/CALIF ST 0.62 0 0.62 Patch, Scrub Seal and Slurry II NOLAN COURT .05M SE,NOLAN ST NW/NOLAN ST 0.05 0 0.05 Scrub Seal and Slurry II NOLAN STREET STATE ST NW/OGDEN ST 0.39 0 0.39 Patch, Scrub Seal and Slurry II NOLAN STREET FIRST AVE NW/SECOND AVE 0.23 0 0.23 Scrub Seal and Slurry II OAKLAND AVENUE GEREMANDER AVE NE/MAGNOLIA AVE 0.15 0 0.15 Patch, Scrub Seal and Slurry II OGDEN STREET MACY NE/CAJON BLVD 0.17 0 0.17 Scrub Seal and Slurry II OLIVE AVENUE 0010M N,KNOLLWOOD AVE N&E/SYCAMORE A 0.05 0 0.05 Leveling Course, Chip Seal and Slurry II OLIVE AVENUE CO CLUB DR NWLY/0010M N,KNOLLWOOD A 0.5 0 0.5 Leveling Course, and Chip Seal and Slurry II ORANGE AVENUE PECAN AVE NW 0004M 0.04 0 0.04 Leveling Course, Chip Seal and Slurry II OTONO COURT END N/OGDEN 0.12 0 0.12 Scrub Seal and Slurry II PALM AVENUE PECAN AVE NW 0004M 0.04 0 0.04 Leveling Course, and Chip Seal and Slurry II PEACH STREET RIVERSIDE AVE N/SYCAMORE AVE 0.09 0 0.09 Leveling Course, Chip Seal and Slurry II PECAN AVENUE APPLE AVE NE/RIVERSIDE AVE 0.16 0 0.16 Leveling Course, Chip Seal and Slurry II PERRY AVENUE GEREMANDER AVE NE/SYCAMORE AVE 0.21 0 0.21 Scrub Seal and Slurry II PORTOLA STREET 0003M W,VERMONT E/0006M E,ACAPULCO 0.45 0 0.45 Patch, Scrub Seal and Slurry II PRINCETON COURT ROWAN AVE NW/END 0.03 0 0.03 Leveling Course, Chip Seal and Slurry II RESERVOIR STREET END E/GRAY ST 0.06 0 0.06 Scrub Seal and Slurry II RIVERSIDE AVE OH WEST 0003M SE,PECAN NW 0009M 0.09 0 0.09 Leveling Course, Chip Seal and Slurry II RIVERSIDE AVENUE OHE 0002M S,KAURI NW/0015M N,LARCH AVE 1.24 0 1.24 Patch, Scrub Seal and Slurry II RIVERSIDE AVENUE OHE 0015M N,LARCH AVE N0012M 0.12 0 0.12 Scrub Seal and Slurry II ROWAN AVENUE RIVERSIDE AVE NE/SYCAMORE AVE 0.26 0 0.26 Leveling Course, Chip Seal and Slurry II 17.b Packet Pg. 466 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 13 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work SAN BENITO STREET PORTOLA ST N/JUNE PLACE 0.14 0 0.14 Patch, Scrub Seal and Slurry II SECOND AVENUE GRAY ST E/CAJON BLVD 1.21 0 1.21 Scrub Seal and Slurry II STATE STREET .14M S,CAJON BLVD N /CAJON BLVD 0.14 0 0.14 Scrub Seal and Slurry II SYCAMORE AVENUE 0012M SE,ROWAN AVE NW/0015M NW,LARCH 1.27 0 1.27 Leveling Course, Chip Seal and Slurry II SYCAMORE AVENUE 0015M NW, LARCH AVE NW0015M 0.15 0 0.15 Leveling Course, Chip Seal and Slurry II THIRD AVENUE BRONSON E/CAJON BLVD 0.82 0 0.82 Patch, Scrub Seal and Slurry II THIRD AVENUE GRAY ST E/BRONSON ST 0.19 0 0.19 Scrub Seal and Slurry II TWIN PEAKS ROAD END N/SECOND AVE 0.14 0 0.14 Patch, Scrub Seal and Slurry II VERMONT STREET 0006M S,BLAKE ST N/0010M N,PORTOLA 1.23 0 1.23 Patch, Scrub Seal and Slurry II WILLOW AVENUE CAMALIA ST NLY/0006M N,GALWAY ST 0.17 0 0.17 Scrub Seal and Slurry II Blake Street Total Project Miles: 26.28 0.42 26.7 ADA Curb Ramp List Ramp Location Cross Street Ramp Location APPLE AVENUE PECAN AVENUE NE APPLE AVENUE PECAN AVENUE NW CALIFORNIA STREET ADAMS STREET NW CASMALIA AVENUE CACTUS AVENUE SE CASMALIA STREET CACTUS AVENUE SW CASMALIA STREET WILLOW AVENUE NE CASMALIA STREET WILLOW AVENUE NW CASMALIA STREET LILAC AVENUE SW CASMALIA STREET LILAC AVENUE NW CHERRY STREET RIVERSIDE AVENUE OHE NE CHERRY STREET RIVERSIDE AVENUE OHE NW COUNTRY CLUB DRIVE DATE AVENUE NE COUNTRY CLUB DRIVE SYCAMORE AVENUE SE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NW COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. SW COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NW COUNTRY CLUB OHE DATE AVENUE SE COUNTRY CLUB OHE RIVERSIDE AVENUE SE DARBY STREET DUFFY STREET SE DATE AVENUE RIVERSIDE AVENUE OHE NE DATE AVENUE RIVERSIDE AVENUE OHE NW GEREMANDER AVENUE ROWAN AVENUE NE GEREMANDER AVENUE ROWAN AVENUE NW 17.b Packet Pg. 467 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 14 of 32 Ramp Location Cross Street Ramp Location KERRY STREET BLAKE STREET SE KERRY STREET ENTRANCE S S KERRY STREET Entrance N N KERRY STREET EXIT. S S KERRY STREET EXIT. N N KERRY STREET MACY STREET SE KNOLLWOOD AVENUE SYCAMORE AVENUE SE KNOLLWOOD AVENUE SYCAMORE AVENUE SW KNOLLWOOD AVENUE OLIVE AVENUE SE KNOLLWOOD AVENUE OLIVE AVENUE SE KNOLLWOOD AVENUE OLIVE AVENUE NW KNOLLWOOD AVENUE OLIVE AVENUE SW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE SW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE NW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE NE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. NE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. SE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. NW KOA DRIVE ROWAN AVENUE NW KOA DRIVE ROWAN AVENUE SW LARCH AVENUE RIVERSIDE AVENUE OHE. NE LARCH AVENUE RIVERSIDE AVENUE OHE. SE LUPIN AVENUE RIVERSIDE AVENUE OTH. NE LUPINE AVENUE RIVERSIDE AVENUE OHE. NW MACY STREET MESA STREET NW MACY STREET MALLROY STREET SW MACY STREET BLAKE STREET NW MAGNOLIA AVENUE PERRY AVENUE NW MAGNOLIA AVENUE PERRY AVENUE SW OAKLAND AVENUE MAGNOLIA AVENUE SE OAKLAND AVENUE MAGNOLIA AVENUE SW OAKLAND AVENUE GEREMANDER AVENUE NE OAKLAND AVENUE GEREMANDER AVENUE NW PEACH STREET RIVERSIDE AVENUE OHE NW PEACH STREET RIVERSIDE AVENUE OHE NE PERRY AVENUE GEREMANDER AVENUE NE PERRY AVENUE GEREMANDER AVENUE NW PRINCETON COURT ROWAN AVENUE NW PRINCETON COURT ROWAN AVENUE SW RIVERSIDE AVENUE OH PECAN AVENUE SE RIVERSIDE AVENUE OH PECAN AVENUE SW RIVERSIDE AVENUE OTH ROWAN AVENUE NE SHORT STREET UNIVERSITY PARKWAY SE STATE STREET ADAMS STREET SW STATE STREET ADAMS STREET NW STATE STREET SHORT STREET SW STATE STREET NOLAN STREET NW STATE STREET NOLAN STREET NE SYCAMORE AVENUE N RIVERSIDE AVE (QUINCE AVE) SW 17.b Packet Pg. 468 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 15 of 32 Ramp Location Cross Street Ramp Location SYCAMORE AVENUE N RIVERSIDE AVE (QUINCE AVE) SE VERMONT STREET FIRST AVENUE NE VERMONT STREET SECOND AVENUE SE VERMONT STREET SECOND AVENUE NE WILLOW AVENUE GALWAY STREET NE WILLOW AVENUE GALWAY STREET NW Project 3: Citrus Street and Other Roads – Road List Road Name Road Limits County Length City Length Total Length Scope of Work City of San Bernardino-County Shared Roads ARDEN AVENUE LYNWOOD DR N .11M 0.06 0.05 0.11 Patch, Chip Seal and Slurry II BARTON STREET .03M N,BASE LINE N/PACIFIC ST 0.44 0.03 0.47 Patch, Chip Seal and Slurry II CITRUS STREET STERLING AVE E/.03M E,BLYTHE ST 0.74 0.04 0.78 Patch, Chip Seal and Slurry III CONEJO DRIVE PACIFIC ST N .10M 0.05 0.05 0.10 Leveling Course, Chip Seal and Slurry II CONEJO DRIVE .05M N,BASE LINE N/PACIFIC ST 0.40 0.03 0.43 Patch, Chip Seal and Slurry II DEL ROSA AVENUE PACIFIC ST N/DEL ROSA DR 0.34 0.05 0.39 Patch, Chip Seal and Slurry III DWIGHT WAY BASE LINE N/PACIFIC ST 0.48 0.02 0.50 Patch, Chip Seal and Slurry II GLASGOW AVENUE BASE LINE N/PACIFIC ST 0.50 0.03 0.53 Patch, Chip Seal and Slurry II MONTEREY AVENUE PALM LN E/PINE ST 0.09 0.06 0.15 Patch as needed, Chip Seal, Slurry II, and Leveling Course (City only) MONTEREY AVENUE PINE ST E/WHITLOCK AVE 0.22 0.06 0.28 Patch as needed, Chip Seal, Slurry II, and Leveling Course (City only) PEDLEY ROAD THIRD ST N/SIXTH ST 0.38 0.03 0.41 Patch as needed, Chip Seal and Slurry II PERRIS HILL ROAD BASE LINE N/PACIFIC ST 0.46 0.04 0.50 Leveling Course, Chip Seal and Slurry II STERLING AVENUE CITRUS ST N/LYNWOOD DR 0.09 0.10 0.19 Slurry III STERLING AVENUE DATE PL N/0009M N,DATE ST (SBO CL) 0.24 0.05 0.29 Slurry III STERLING AVENUE PACIFIC ST N/HIGHLAND AVE 0.25 0.25 0.50 Slurry III 17.b Packet Pg. 469 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 16 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work TIPPECANOE AVENUE BASE LINE N/PACIFIC ST 0.48 0.03 0.51 Leveling Course, Chip Seal and Slurry II YATES STREET BASE LINE N/END 0.07 0.03 0.10 Leveling Course, Chip Seal and Slurry II County Only Roads: ANSON STREET GLASGOW AVE E .08M 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry III ARGYLE AVENUE PUMALO ST N/.04M N,DATE ST 0.19 0.00 0.19 Chip Seal and Slurry II ARGYLE AVENUE CITRUS ST N/AVALON AVE 0.15 0.00 0.15 Leveling Course, Chip Seal and Slurry II ARGYLE COURT ARGYLE AVE E .03M 0.03 0.00 0.03 Chip Seal and Slurry II AVALON AVENUE ARGYLE AVE E/GUTHRIE ST 0.14 0.00 0.14 Chip Seal and Slurry II BESSANT STREET DWIGHT WY E/GLASGOW AVE 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II BESSANT STREET GLASGOW AVE E/DEL ROSA DR 0.12 0.00 0.12 Leveling Course, Chip Seal and Slurry II BLYTHE AVENUE JONQUIL ST N/CROYDON ST 0.19 0.00 0.19 Leveling Course, Chip Seal and Slurry II BLYTHE AVENUE DATE ST N/CITRUS ST 0.11 0.00 0.11 Leveling Course, Chip Seal and Slurry II BLYTHE AVENUE CITRUS ST N/LYNWOOD DR 0.19 0.00 0.19 Leveling Course, Chip Seal and Slurry II BONNIE STREET TWENTY-SIXTH ST N/DATE PL 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II BUCHANAN STREET TWENTYEIGHT ST N/CITRUS ST 0.10 0.00 0.10 Leveling Course, Chip Seal and Slurry II BUCHANAN STREET HOLLY VISTA N/AVALON AVE 0.12 0.00 0.12 Chip Seal and Slurry II CHIQUITA LANE PUMALO ST N/26TH ST 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II CHIQUITA LANE .03M S,DATE PL N .01M 0.01 0.00 0.01 Leveling Course, Chip Seal and Slurry II 17.b Packet Pg. 470 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 17 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work COURT STREET PALM LN E/WHITLOCK 0.44 0.00 0.44 Leveling Course, Chip Seal and Slurry II CROSS STREET .04M W,OSBUN RD E/OSBUN RD 0.04 0.00 0.04 Leveling Course, Chip Seal and Slurry II CROYDON STREET EUCALYPTUS DR E/BLYTHE AVE 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II DATE COURT DATE ST N .03M 0.03 0.00 0.03 Leveling Course, Chip Seal and Slurry II DWIGHT WAY 18TH ST N/19TH ST 0.07 0.00 0.07 Leveling Course, Chip Seal and Slurry II EIGHTEENTH STREET DWIGHT WAY E/DEL ROSA DR 0.23 0.00 0.23 Slurry II EIGHTEENTH STREET DEL ROSA AVE E/OSBUN RD 0.13 0.00 0.13 Leveling Course, Chip Seal and Slurry II ELM AVENUE PUMALO ST N/DATE PLACE 0.07 0.00 0.07 Leveling Course, Chip Seal and Slurry II ELM COURT ELM NE/END 0.04 0.00 0.04 Patch, Chip Seal and Slurry III ELMO DRIVE DWIGHT WAY E/GLASGOW AVE 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II ELMWOOD ROAD PACIFIC ST N/DEL ROSA AVE 0.25 0.00 0.25 Leveling Course, Chip Seal and Slurry II EUCALYPTUS DRIVE .03M S,23RD ST N/PUMALO ST 0.12 0.00 0.12 Leveling Course, Chip Seal and Slurry II EUCALYPTUS DRIVE JONQUIL ST N/DATE ST 0.12 0.00 0.12 Leveling Course, Chip Seal and Slurry II EUCALYPTUS DRIVE HOLLY VISTA BLVD N .13M 0.13 0.00 0.13 Leveling Course, Chip Seal and Slurry II FAIRFAX DRIVE BASE LINE N/PACIFIC ST 0.51 0.00 0.51 Patch , Chip Seal and Slurry FISHER STREET GLASGOW AVE E/DEL ROSA DR 0.13 0.00 0.13 Leveling Course, Chip Seal and Slurry II GARDEN DRIVE .06M N,BASE LINE N/PACIFIC ST 0.44 0.00 0.44 Patch, Chip Seal and Slurry III GLASGOW AVENUE PACIFIC ST N/NINETEENTH ST 0.23 0.00 0.23 Chip Seal and Slurry II GOLONDRINA COURT GOLONDRINA DR E/END 0.03 0.00 0.03 Chip Seal and Slurry II 17.b Packet Pg. 471 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 18 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work GOLONDRINA DRIVE PASITO ST N/MERITO AVE 0.20 0.00 0.20 Chip Seal and Slurry II GUTHRIE STREET PUMALO ST N/.05M N,27TH ST 0.17 0.00 0.17 Leveling Course, Chip Seal and Slurry II GUTHRIE STREET DATE ST N/28TH ST 0.05 0.00 0.05 Chip Seal and Slurry II GUTHRIE STREET 28TH ST N .10M 0.10 0.00 0.10 Leveling Course, Chip Seal and Slurry II GUTHRIE STREET HOLLY VISTA BLVD N/AVALON AVE 0.11 0.00 0.11 Chip Seal and Slurry II HOLLY VISTA BOULEVARD ARGYLE AVE E/ARDEN AVE 0.43 0.00 0.43 Chip Seal and Slurry II HOLLY VISTA BOULEVARD STANTON AVE E/BLYTHE ST 0.16 0.00 0.16 Leveling Course, Chip Seal and Slurry II HUDSON AVENUE 28TH ST N .11M 0.11 0.00 0.11 Chip Seal and Slurry II HUDSON AVENUE HOLLY VISTA BLVD N .13M 0.13 0.00 0.13 Chip Seal and Slurry II HUDSON AVENUE LYNWOOD DR N .09M 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II INDEPENDENT PLACE DWIGHT WAY E/GLASGOW AVE 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II JONQUIL STREET STANTON AVE SE/BLYTHE AVE 0.16 0.00 0.16 Leveling Course, Chip Seal and Slurry II LITTLE THIRD STREET PALM E/PEDLEY 0.27 0.00 0.27 Leveling Course, Chip Seal and Slurry II LITTLE TIPPECANOE AVE END N/TIPPECANOE 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II MC KINLEY AVENUE DATE ST N/0013M N,HOLLY VISTA BLVD 0.35 0.00 0.35 Chip Seal and Slurry II MC KINLEY AVENUE LYNWOOD DR N 0009M 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II MERITO AVENUE STERLING NLY/MERITO PL 0.47 0.00 0.47 Patch, Chip Seal and Slurry III MERITO AVENUE DATE N/END 0.17 0.00 0.17 Leveling Course, Chip Seal and Slurry II MERITO PLACE ROCA CIRCLE N/HIGHLND SH30 0.11 0.00 0.11 Leveling Course, Chip Seal and Slurry II 17.b Packet Pg. 472 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 19 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work MIRADA COURT MIRADA ST N/END 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II MIRADA PLACE MIRADA ST N .05M 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II MIRADA STREET ARDEN AVE E/BLYTHE AVE 0.20 0.00 0.20 Chip Seal and Slurry II MIRADA STREET BLYTHE AVE E0003M/END 0.03 0.00 0.03 Leveling Course, Chip Seal and Slurry II MITAD COURT ROCA CIRCLE N/END 0.09 0.00 0.09 Chip Seal and Slurry II MONTE VISTA DRIVE END N/0004M S,HIGHLAND AVE 0.36 0.00 0.36 Leveling Course, Chip Seal and Slurry II NEWBURY AVENUE TWENTY-SEVENTH ST SE/STERLING AVE 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II NEWCOMB STREET 28TH ST N/END 0.11 0.00 0.11 Leveling Course, Chip Seal and Slurry II NEWCOMB STREET HOLLY VISTA BLVD N/END 0.14 0.00 0.14 Chip Seal and Slurry II NEWCOMB STREET LYNWOOD DR N 0009M 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II NILES STREET END E/OSBUN 0.06 0.00 0.06 Leveling Course, Chip Seal and Slurry II NINETEENTH STREET DWIGHT E/YATES 0.18 0.00 0.18 Leveling Course, Chip Seal and Slurry II NINETEENTH STREET ELMWOOD RD E/SAN BDNO CL 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II NINETEENTH STREET .03M W, OSBUN RD E/OSBUN RD 0.03 0.00 0.03 Leveling Course, Chip Seal and Slurry II NINETEENTH STREET END E/MERITO 0.03 0.00 0.03 Slurry II NINETEENTH STREET ELM E/STERLING 0.03 0.00 0.03 Slurry II ORANGE KNOLL AVENUE PUMALO ST N/END 0.07 0.00 0.07 Leveling Course, Chip Seal and Slurry II ORANGE KNOLL AVENUE DATE ST N/END 0.16 0.00 0.16 Chip Seal and Slurry II ORANGE KNOLL AVENUE HOLLY VISTA BLVD N/END 0.14 0.00 0.14 Chip Seal and Slurry II 17.b Packet Pg. 473 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 20 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work ORCHID DRIVE ARDEN AVE E/END 0.23 0.00 0.23 Leveling Course, Chip Seal and Slurry II OSBUN ROAD SEVENTEENTH ST N/NILES ST 0.15 0.00 0.15 Leveling Course, Chip Seal and Slurry II OSBUN ROAD NILES ST N .02M 0.02 0.00 0.02 Slurry II OSBUN ROAD .02M N,NILES ST N/NINETEENTH ST 0.06 0.00 0.06 Slurry II PALM LANE THIRD N/MONTEREY 0.21 0.00 0.21 Leveling Course, Chip Seal and Slurry II PASITO STREET GOLONDRINA E/SERENA 0.15 0.00 0.15 Leveling Course, Chip Seal and Slurry II PINE STREET LITTLE THIRD ST N/MONTEREY AVE 0.19 0.00 0.19 Chip Seal and Slurry II PRADERA AVENUE ROCA CIRCLE N/MERITO 0.24 0.00 0.24 Leveling Course, Chip Seal and Slurry II PUMALO COURT PUMALO ST N/END 0.03 0.00 0.03 Leveling Course, Chip Seal and Slurry II ROCA CIRCLE END N/MERITO 0.28 0.00 0.28 Leveling Course, Chip Seal and Slurry II ROGERS LANE 28TH ST N/END 0.11 0.00 0.11 Leveling Course, Chip Seal and Slurry II ROGERS LANE CITRUS ST N/AVALON AVENUE 0.15 0.00 0.15 Chip Seal and Slurry II ROSENA AVENUE PUMALO ST N/DATE PL 0.04 0.00 0.04 Leveling Course, Chip Seal and Slurry II SERENA STREET PASITO N&NW/ELM AVE 0.14 0.00 0.14 Leveling Course, Chip Seal and Slurry II SEVENTEENTH STREET 0013M W,GLASGOW AVE E/DEL ROSA DR 0.25 0.00 0.25 Leveling Course, Chip Seal and Slurry II SEVENTEENTH STREET DEL ROSA E/OSBUN 0.13 0.00 0.13 Leveling Course, Chip Seal and Slurry II STANTON AVENUE JONQUIL ST N/DATE ST 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II STANTON AVENUE CITRUS AVE N/LYNWOOD DR 0.19 0.00 0.19 Leveling Course, Chip Seal and Slurry II 17.b Packet Pg. 474 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 21 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work STANTON AVENUE LYNWOOD DR N .09M 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II SUNNYSIDE AVENUE END N/SIXTH ST 0.38 0.00 0.38 Leveling Course, Chip Seal and Slurry II TWENTIETH STREET ELMWOOD AVE E 0009M 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II TWENTY-EIGHTH STREET BUCHANAN ST E/ORANGE KNOLL 0.36 0.00 0.36 Chip Seal and Slurry II TWENTY-EIGHTH STREET BLYTHE AVE E/END 0.03 0.00 0.03 Leveling Course, Chip Seal and Slurry II TWENTY-NINTH STREET BLYTHE AVE E 0005M 0.05 0.00 0.05 Leveling Course, Chip Seal and Slurry II TWENTY-SEVENTH STREET END E/NEWBURY AVE 0.06 0.00 0.06 Leveling Course, Chip Seal and Slurry II TWENTY-SEVENTH STREET ARGYLE AVE E/GUTHRIE 0.19 0.00 0.19 Leveling Course, Chip Seal and Slurry II TWENTY-SIXTH STREET CHIQUITA LN E/BONNIE ST 0.10 0.00 0.10 Leveling Course, Chip Seal and Slurry II TWENTY-SIXTH STREET ARGYLE AVE E/GUTHRIE 0.19 0.00 0.19 Leveling Course, Chip Seal and Slurry II TWENTY-THIRD STREET ARDEN AVE E/END 0.23 0.00 0.23 Leveling Course, Chip Seal and Slurry II WADSWORTH AVENUE JONQUIL ST N/END 0.08 0.00 0.08 Leveling Course, Chip Seal and Slurry II WADSWORTH AVENUE HOLLY VISTA BLVD N/END 0.13 0.00 0.13 Leveling Course, Chip Seal and Slurry II WARD STREET PEDLEY E/WHITLOCK 0.17 0.00 0.17 Leveling Course, Chip Seal and Slurry II WHITLOCK AVENUE END N/SIXTH ST 0.36 0.00 0.36 Leveling Course, Chip Seal and Slurry II YATES AVENUE EIGHTEENTH N/NINETEENTH 0.09 0.00 0.09 Leveling Course, Chip Seal and Slurry II Citrus Street Total Project Miles: 20.62 0.95 21.57 17.b Packet Pg. 475 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 22 of 32 Project 4: Lynwood Drive and Other Roads – Road List Road Name Road Limits County Length City Length Total Length Scope of Work City of San Bernardino-County Shared Roads DEL NORTE DRIVE HARRISON E/GOLDEN 0.14 0.04 0.18 Crack Seal and Seal Master DEL ROSA AVENUE EUREKA ST N/FOOTHILL DR 0.19 0.20 0.39 Crack Seal and Seal Master E STREET FORTIETH ST N/FORTY-EIGHTH ST 0.48 0.02 0.5 Crack Seal and Seal Master ECHO DRIVE MODESTO DR E/FERNDALE AVE 0.13 0.02 0.15 Crack Seal and Seal Master EDGEMONT DRIVE BONNIE ST E/GOLONDRINA DR 0.07 0.01 0.08 Crack Seal and Seal Master EUREKA STREET DEL ROSA AVE E/STERLING AVE 0.46 0.04 0.5 Crack Seal and Seal Master FOOTHILL DRIVE DEL ROSA AVE E/STERLING AVE 0.25 0.26 0.51 Crack Seal and Seal Master FOOTHILL DRIVE STERLING AVE E/MANZANITA DR 0.29 0.11 0.4 Crack Seal and Seal Master FORTIETH STREET .08M W,GOLDEN AVE E .19M 0.1 0.09 0.19 Crack Seal and Seal Master FORTY-EIGHTH STREET "E" ST E .24M (SBO CL) 0.12 0.12 0.24 Crack Seal and Seal Master FOURTH AVENUE .04M N,KENDALL DR N/HILL DR 0.52 0.11 0.63 Crack Seal and Seal Master HILL DRIVE .03M W,MAGNOLIA DR E/MAGNOLIA DR 0.01 0.02 0.03 Crack Seal and Seal Master HILL DRIVE MAGNOLIA AVE E/FOURTH AVE 0.06 0.07 0.13 Crack Seal and Seal Master HILL DRIVE FOURTH AVE E/.06 M E,MOUNTAIN DR 0.09 0.1 0.19 Crack Seal and Seal Master HILL DRIVE .06M E,THIRD AVE E/"E" STREET 0.1 0.09 0.19 Crack Seal and Seal Master IRONWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR 0.07 0.08 0.15 Crack Seal and Seal Master LYNWOOD DRIVE HARRISON ST E/MOUNTAIN AVE 0.23 0.23 0.46 Crack Seal and Seal Master LYNWOOD DRIVE DEL ROSA AVE E/0017M W,STERLING 0.24 0.09 0.33 Crack Seal and Seal Master MAGNOLIA DRIVE FORTY-EIGHTH ST N/HILL DR 0.16 0.09 0.25 Crack Seal and Seal Master MARSHALL BLVD DEL ROSA AVE E/OSBUN RD (SBO CL) 0.2 0.06 0.26 Crack Seal and Seal Master MARSHALL BLVD 0002M W,GOLONDRINA E/STERLING AVE 0.08 0.08 0.16 Crack Seal and Seal Master MARSHALL BLVD STERLING AVE E/ARDEN AVE 0.25 0.25 0.5 Crack Seal and Seal Master MARSHALL BLVD ARDEN AVE E/0004M W,VALARIA DR 0.12 0.13 0.25 Crack Seal and Seal Master MODESTO DRIVE THIRTY-FIFTH ST N/THIRTY-SIXTH ST 0.07 0.07 0.14 Crack Seal and Seal Master 17.b Packet Pg. 476 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 23 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work MOUNTAIN AVENUE LYNWOOD DR N/0002M N,GLENMARE ST 0.15 0.15 0.3 Crack Seal and Seal Master MOUNTAIN AVENUE 0007M S,EUREKA ST N 0005M 0.02 0.03 0.05 Crack Seal and Seal Master MOUNTAIN AVENUE 0021M S,YUCCA DR N/0010M S,39TH ST 0.12 0.13 0.25 Crack Seal and Seal Master THIRTY-FIFTH STREET 0003M W,GARDEN E/0004M E,CONEJO DR 0.12 0.05 0.17 Crack Seal and Seal Master THIRTY-NINTH STREET 0003M E,GOLDEN E/0001MW,FERNDALE AVE 0.07 0.07 0.14 Crack Seal and Seal Master County Only Roads ACRE LANE .05M N, 40TH ST N/44TH ST 0.2 0 0.2 Crack Seal and Seal Master ALAMEDA AVENUE 33RD ST N/34TH ST 0.17 0 0.17 Crack Seal and Seal Master ALAMEDA COURT DEL NORTE DR N 0.07M 0.07 0 0.07 Crack Seal and Seal Master ALAMEDA COURT EDGEMONT DR N 0.02M 0.02 0 0.02 Crack Seal and Seal Master ALTO COURT ALTO DR N .04M 0.04 0 0.04 Crack Seal and Seal Master ALTO DRIVE LOS FLORES DR NLY/STERLING AVE 0.26 0 0.26 Crack Seal and Seal Master ARDEN AVENUE MARSHALL BLVD N/FOOTHILL DR 0.22 0 0.22 Crack Seal and Seal Master ARGYLE AVENUE EDGEMONT N/LOS FLORES 0.21 0 0.21 Crack Seal and Seal Master BELVEDERE AVENUE MARSHALL BLVD N/PIEDMONT ST 0.2 0 0.2 Crack Seal and Seal Master BLYTHE AVENUE EDGEMONT DR N/GLENMARE ST 0.13 0 0.13 Crack Seal and Seal Master BONNIE STREET EDGEMONT DR N/EUREKA ST 0.15 0 0.15 Crack Seal and Seal Master BONNIE STREET EUREKA ST N/FOOTHILL DR 0.37 0 0.37 Crack Seal and Seal Master CEDAR DRIVE 41ST STREET N .13M 0.13 0 0.13 Crack Seal and Seal Master CEDAR DRIVE FOURTY-EIGHTH ST N/HILL DR 0.25 0 0.25 Crack Seal and Seal Master CHIQUITA LANE LYNWOOD RD N&E/OSBUN RD 0.2 0 0.2 Crack Seal and Seal Master CHIQUITA LANE 35TH N/FOOTHILL DR 0.22 0 0.22 Crack Seal and Seal Master CONEJO DRIVE MARSHALL N/EUREKA 0.19 0 0.19 Crack Seal and Seal Master CONEJO DRIVE 33RD N/35TH 0.1 0 0.1 Crack Seal and Seal Master CONEJO DRIVE .02M S,36TH ST (SB CL)N/39TH ST 0.36 0 0.36 Crack Seal and Seal Master 17.b Packet Pg. 477 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 24 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work CONEJO PLACE .03M W,CONEJO DR E/CONEJO DR 0.03 0 0.03 Crack Seal and Seal Master COTTAGE DRIVE 40TH N .12M 0.12 0 0.12 Crack Seal and Seal Master DEL REY DRIVE LYNWOOD DR N/DEL NORTE DR 0.06 0 0.06 Crack Seal and Seal Master DEL REY DRIVE DEL NORTE DR N .07M 0.07 0 0.07 Crack Seal and Seal Master DEL REY DRIVE EDGEMONT DR N/34TH ST 0.24 0 0.24 Crack Seal and Seal Master DOGWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR 0.15 0 0.15 Crack Seal and Seal Master DOGWOOD STREET LYNWOOD DR N/MARSHALL BLVD 0.19 0 0.19 Crack Seal and Seal Master DOGWOOD STREET MARSHALL BLVD N/EUREKA ST 0.19 0 0.19 Crack Seal and Seal Master DOGWOOD STREET 35TH ST N/FOOTHILL DR 0.22 0 0.22 Crack Seal and Seal Master DUMBARTON AVENUE EDGEMONT DR N .16M 0.16 0 0.16 Crack Seal and Seal Master EDGEMONT COURT .04M W,EDGEMONT DR SE/EDGEMONT DR 0.04 0 0.04 Crack Seal and Seal Master EDGEMONT DRIVE DEL REY DR E/GOLDEN AVE 0.16 0 0.16 Crack Seal and Seal Master EDGEMONT DRIVE DOGWOOD ST E/OSBUN RD 0.11 0 0.11 Crack Seal and Seal Master EDGEMONT DRIVE STERLING AVE E&NE .35M 0.35 0 0.35 Crack Seal and Seal Master EDGEMONT DRIVE PALOMAR AVE E .16M 0.16 0 0.16 Crack Seal and Seal Master EDGEMONT DRIVE ARDEN AVE E/.08M E,BELVEDERE AVE 0.25 0 0.25 Crack Seal and Seal Master ELM AVENUE MARSHALL BLVD N/FOOTHILL DR 0.56 0 0.56 Crack Seal and Seal Master ELMWOOD ROAD HOLLY VISTA ST N/LYNWOOD DR 0.15 0 0.15 Crack Seal and Seal Master ELMWOOD ROAD LYNWOOD DR N&E/DOGWOOD ST 0.19 0 0.19 Crack Seal and Seal Master ELMWOOD ROAD EUREKA ST N/FOOTHILL DR 0.38 0 0.38 Crack Seal and Seal Master ERWIN AVENUE .04M S,GLENMARE ST N .13M 0.13 0 0.13 Crack Seal and Seal Master EUREKA STREET GOLDEN AVE E/.03M E,CONEJO DR 0.17 0 0.17 Crack Seal and Seal Master F STREET 40TH ST N .14M 0.14 0 0.14 Crack Seal and Seal Master F STREET .14M N,40TH ST N/HILL DR 0.62 0 0.62 FAIRFAX DRIVE GLENMARE ST N .09M 0.09 0 0.09 Crack Seal and Seal Master 17.b Packet Pg. 478 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 25 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work FERNDALE AVENUE .02M S,36TH ST N/ECHO DR 0.31 0 0.31 Crack Seal and Seal Master FIRST AVENUE 40TH ST N/44TH ST 0.25 0 0.25 Crack Seal and Seal Master FORTY-SECOND PLACE GOLDEN AVE E .07M 0.07 0 0.07 Crack Seal and Seal Master GARDEN DRIVE MARSHALL BLVD N/CONEJO DR 0.16 0 0.16 Crack Seal and Seal Master GARDEN DRIVE THIRTY-THIRD ST N/MODESTO DR 0.28 0 0.28 Crack Seal and Seal Master GLENMARE STREET ERWIN AVE E/MOUNTAIN AVE 0.1 0 0.1 Crack Seal and Seal Master GLENMARE STREET DUMBARTON AVE E/ARDEN AVE 0.06 0 0.06 Crack Seal and Seal Master GLENMARE STREET BELVEDERE AVE E .08M 0.08 0 0.08 Crack Seal and Seal Master GOLDEN AVENUE MARSHALL BLVD N/.03M N,34TH ST 0.36 0 0.36 Crack Seal and Seal Master GOLDEN AVENUE FORTIETH ST N .23M 0.23 0 0.23 Crack Seal and Seal Master GOLDEN AVENUE LYNWOOD DR N/MARSHALL BLVD 0.19 0 0.19 Crack Seal and Seal Master GOLONDRINA DRIVE MARSHALL BLVD N/FOOTHILL DR 0.56 0 0.56 Crack Seal and Seal Master HOLLY VISTA BOULEVARD ELMWOOD RD E/IRONWOOD ST 0.11 0 0.11 Crack Seal and Seal Master I STREET MELROSE DR N/48 ST 0.07 0 0.07 Crack Seal and Seal Master IRONWOOD COURT EDGEMONT DR N/.07M 0.07 0 0.07 Crack Seal and Seal Master IRONWOOD STREET LYNWOOD DR N&W/DOGWOOD ST 0.2 0 0.2 Crack Seal and Seal Master IRONWOOD STREET 35TH ST N/FOOTHILL DR 0.22 0 0.22 Crack Seal and Seal Master JOHNSON STREET .12M N,40TH ST N/44TH STREET 0.13 0 0.13 Crack Seal and Seal Master LORRAINE DRIVE .05M N,40TH ST N .07M 0.07 0 0.07 Crack Seal and Seal Master LOS FLORES DRIVE ELMWOOD E/OSBUN 0.21 0 0.21 Crack Seal and Seal Master LOS FLORES DRIVE STERLING E/EDGEMONT DR 0.18 0 0.18 Crack Seal and Seal Master MARSHALL BLVD HARRISON E/MOUNTAIN 0.45 0 0.45 Crack Seal and Seal Master MC KINLEY AVENUE EDGEMONT N 0017M 0.17 0 0.17 Crack Seal and Seal Master MELROSE DRIVE I ST E/F ST 0.07 0 0.07 Crack Seal and Seal Master MERITO AVENUE LYNWOOD N/OSBUN 0.18 0 0.18 Crack Seal and Seal Master 17.b Packet Pg. 479 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 26 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work MESA COURT END E/ALTO DRIVE 0.12 0 0.12 Crack Seal and Seal Master MESA VERDE AVENUE END E/CONEJO DR 0.03 0 0.03 Crack Seal and Seal Master MODESTO DRIVE THIRTY-SIXTH N/ECHO DR 0.29 0 0.29 Crack Seal and Seal Master NEWBURY AVENUE MARSHALL N/FOOTHILL DR 0.56 0 0.56 Crack Seal and Seal Master NEWMARK AVENUE .05M N,40TH ST (SBO CL)N/44TH ST 0.2 0 0.2 Crack Seal and Seal Master NORTH STREET BONNIE E/GOLONDRINA 0.08 0 0.08 Crack Seal and Seal Master OSBUN ROAD LYNWOOD N/MARSHALL 0.19 0 0.19 Crack Seal and Seal Master OSBUN ROAD EDGEMONT N/THIRTY THIRD ST 0.12 0 0.12 Crack Seal and Seal Master OSBUN ROAD EUREKA N/FOOTHILL DRIVE 0.37 0 0.37 Crack Seal and Seal Master PALOMAR AVENUE MARSHALL BLVD N&NE 0020M 0.2 0 0.2 Crack Seal and Seal Master PALOMAR COURT PALOMAR AVE NW/END 0.04 0 0.04 Crack Seal and Seal Master PIEDMONT STREET BELVEDERE AVE E .08M 0.08 0 0.08 Crack Seal and Seal Master RESERVOIR DRIVE MAGNOLIA DR E/FOURTH ST 0.13 0 0.13 Crack Seal and Seal Master RESERVOIR DRIVE FOURTH E/MOUNTAIN DR 0.13 0 0.13 Crack Seal and Seal Master SEGUNDO COURT END E/ALTO DR 0.1 0 0.1 Crack Seal and Seal Master STANTON AVENUE 33RD ST N/END 0.08 0 0.08 Crack Seal and Seal Master STERLING AVENUE MARSHALL BLVD N/FOOTHILL DR 0.55 0 0.55 Crack Seal and Seal Master THIRTY-EIGHTH STREET END E/CONEJO DR 0.03 0 0.03 Crack Seal and Seal Master THIRTY-FIFTH STREET ELMWOOD RD E/NEWBURY AVE 0.42 0 0.42 Crack Seal and Seal Master THIRTY-FOURTH STREET DEL REY E/GOLDEN 0.1 0 0.1 Crack Seal and Seal Master THIRTY-FOURTH STREET END E/CONEJO 0.04 0 0.04 Crack Seal and Seal Master THIRTY-SEVENTH STREET 0003M W,MODESTO DR E/FERNDALE AVE 0.18 0 0.18 Crack Seal and Seal Master THIRTY-SIXTH STREET 0003M W,MODESTO DR E/FERNDALE AVE 0.17 0 0.17 Crack Seal and Seal Master THIRTY-THIRD STREET HARRISON NE/CONEJO 0.33 0 0.33 Crack Seal and Seal Master THIRTY-THIRD STREET DOGWOOD E/OSBUN 0.11 0 0.11 Crack Seal and Seal Master 17.b Packet Pg. 480 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 27 of 32 Road Name Road Limits County Length City Length Total Length Scope of Work THIRTY-THIRD STREET BONNIE E/GOLONDRINA 0.08 0 0.08 Crack Seal and Seal Master THIRTY-THIRD STREET ARDEN AVE E/BELVEDERE AVE 0.17 0 0.17 Crack Seal and Seal Master TOLUCA DRIVE ELMWOOD E/OSBUN 0.21 0 0.21 Crack Seal and Seal Master TOLUCA DRIVE ARGYLE E/EDGEMONT DR 0.13 0 0.13 Crack Seal and Seal Master WADSWORTH AVENUE 33RD ST N/END 0.08 0 0.08 Crack Seal and Seal Master YUCCA DRIVE FERNDALE AVE E/MOUNTAIN 0.09 0 0.09 Crack Seal and Seal Master Lynwood Drive Total Project Miles: 23.52 2.81 26.33 Project 5: Third Street and Other Roads – Road List Road Name Road Limits County Length City Length Total Length Scope of Work City of San Bernardino-County Shared Roads BASE LINE 0.02M E,CONEJO DR E/GLASGOW AVE 0.11 0.11 0.22 Mill, Leveling Course, and Overlay BASE LINE YATES ST E/DEL ROSA DR 0.03 0.04 0.07 Mill, Leveling Course, and Overlay FIFTH STREET WATERMAN AVE E/0.23M W,PEDLEY RD 0.34 0.11 0.45 Mill, Leveling Course, and Overlay FIFTH STREET 0.03M W,PEDLEY RD E/TIPPECANOE AVE 0.35 0.02 0.37 Mill, Leveling Course, and Overlay HIGHLAND AVENUE .03M W,MERITO PL E/STERLING AVE 0.12 0.12 0.24 Mill, Leveling Course, and Overlay MONTEREY AVENUE 0.04M E,WATERMAN AVE E/COOLEY ST 0.14 0.02 0.16 Mill, Leveling Course, and Overlay PACIFIC STREET PERRIS HILL PK RD E/.04M E,FAIRFAX DR 0.28 0.23 0.51 Mill, Leveling Course, and Overlay THIRD STREET WATERMAN AVE E/TIPPECANOE AVE 0.77 0.36 1.13 Mill, Leveling Course, and Overlay County Only Roads DATE PLACE .04M NW,BONNIE ST SE/STERLING AVE 0.29 0 0.29 Mill, Leveling Course, and Overlay ELM AVENUE PACIFIC ST NLY/MERITO PL 0.63 0 0.63 Leveling Course, Chip Seal and Slurry Seal II FOURTH STREET PALM LN E/TIPPECANOE AVE 0.62 0.00 0.62 Mill and Overlay PACIFIC STREET DWIGHT WAY E/DEL ROSA DR 0.22 0 0.22 Mill, Leveling Course, and Overlay Third Street Total Project Miles: 3.90 1.01 4.91 17.b Packet Pg. 481 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 28 of 32 ADA Curb Ramp List Ramp Location Cross Street Ramp Location BASE LINE STREET DWIGHT WAY NE BASE LINE STREET DWIGHT WAY NW BASE LINE STREET FAIRFAX DRIVE NW BASE LINE STREET FAIRFAX DRIVE NE BASE LINE STREET YATES STREET NE BASE LINE STREET GLASGOW AVENUE NW BASELINE STREET GLASGOW AVENUE NE BASELINE STREET YATES STREET NW DEL ROSA DRIVE BASELINE STREET SW DEL ROSA DRIVE BASELINE STREET SE FOURTH STREET PEDLEY ROAD NW FOURTH STREET PEDLEY ROAD SW HIGHLAND AVENUE MERITO PLACE SE PACIFIC DRIVE CONEJO DRIVE NW PACIFIC STREET BARTON STREET SE PACIFIC STREET PERRIS HILL ROAD SE PACIFIC STREET PERRIS HILL ROAD SW PACIFIC STREET TIPPECANOE AVENUE SE PACIFIC STREET TIPPECANOE AVENUE SW PACIFIC STREET GARDEN DRIVE SE PACIFIC STREET GARDEN DRIVE SW PACIFIC STREET CONEJO DRIVE NE PACIFIC STREET CONEJO DRIVE SE PACIFIC STREET CONEJO DRIVE SW PACIFIC STREET FAIFAX DRIVE SE PACIFIC STREET GLASGOW AVENUE SE PACIFIC STREET GLASGOW AVENUE SW PACIFIC STREET GLASGOW AVENUE NW PACIFIC STREET DWIGHT WAY SE PACIFIC STREET DWIGHT WAY SW PACIFIC STREET DWIGHT WAY NW PACIFIC STREET DEL ROSA AVENUE NE PACIFIC STREET DEL ROSA AVENUE NW PALM LANE THIRD STREET NE PALM LANE THIRD STREET NW PEDLEY ROAD FIFTH STREET SW PEDLEY STREET FIFTH STREET NW PEDLEY STREET MONTEREY AVENUE NW STERLING AVENUE DATE PLACE SW STERLING AVENUE HIGHLAND AVENUE W STERLING AVENUE HIGHLAND AVENUE E STERLING AVENUE HIGHLAND AVENUE NE STERLING AVENUE HIGHLAND AVENUE NW THIRD STREET PEDLEY ROAD NW THIRD STREET LENA ROAD NW 17.b Packet Pg. 482 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 29 of 32 Ramp Location Cross Street Ramp Location THIRD STREET LENA ROAD NE THIRD STREET PALM LANE SW THIRD STREET PALM LANE. SE THIRD STREET LENA ROAD SW THIRD STREET LENA ROAD SE TIPPECANOE AVENUE THIRD STREET SE TIPPECANOE AVENUE THIRD STREET SW Project 6: Curb Ramp List (North San Bernardino Area) Ramp Location Cross Street Ramp Location BASELINE STREET TIPPECANOE AVENUE NE DEL ROSA DRIVE FISHER STREET NW DEL ROSA DRIVE FISHER STREET SW GLASGOW AVENUE BESSANT STREET SW NINETEEN STREET ELM AVENUE SE OSBURN ROAD CROSS STREET NW OSBURN ROAD CROSS STREET SW PACIFIC STREET DEL ROSA AVENUE NE PACIFIC STREET DEL ROSA AVENUE NW PACIFIC STREET ELM AVENUE NE PACIFIC STREET ELM AVENUE NW PACIFIC STREET ELMWOOD ROAD NE PACIFIC STREET ELMWOOD ROAD NW PUMALO STREET ROSENA AVENUE NE PUMALO STREET ROSENA AVENUE NW PUMALO STREET OSBUN ROAD SW PUMALO STREET OSBUN ROAD SE 17.b Packet Pg. 483 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 30 of 32 EXHIBIT B ESTIMATE OF PROJECT COSTS FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO PAVEMENT IMPROVEMENT AND ADA CURB RAMP UPDATE PROJECTS IN THE SAN BERNARDINO AREA Arden Avenue and Other Roads Amount County Share City Share Construction (including contingencies) $3,906,000 $2,351,000 $1,555,000 All Other Costs Such as Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, etc. $ 888,000 $ 535,000 $ 353,000 9 Sewer Manholes (Sixth Street) $ 9,000 $0 $ 9,000 Project 1 subtotal $4,803,000 $2,886,000 $1,917,000 Blake Street and Other Roads Amount County Share City Share Construction (including contingencies) $4,923,000 $4,892,000 $31,000 All Other Costs Such as Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, etc. $1,119,000 $1,112,000 $ 7,000 Project 2 subtotal $6,042,000 $6,004,000 $ 38,000 Citrus Street and Other Roads Amount County Share City Share Construction (including contingencies) $4,655,000 $4,514,000 $141,000 All Other Costs Such as Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, etc. $1,058,000 $1,026,000 $ 32,000 Project 3 subtotal $5,713,000 $5,540,000 $173,000 Lynwood Drive and Other Roads Amount County Share City Share Construction (including contingencies) $1,871,000 $1,710,000 $161,000 All Other Costs Such as Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, etc. $ 426,000 $ 389,000 $ 37,000 Project 4 subtotal $2,297,000 $2,099,000 $198,000 Third Street and Other Roads Amount County Share City Share Construction (including contingencies) $3,829,000 $2,785,000 $1,044,000 17.b Packet Pg. 484 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 31 of 32 All Other Costs Such as Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, etc. $ 870,000 $ 633,000 $ 237,000 Project 5 subtotal $4,699,000 $3,418,000 $1,281,000 San Bernardino Area Curb Ramps Amount County Share City Share All Costs Preliminary Engineering, Design, Environmental Clearance, Construction Engineering, Construction, etc. $170,000 $140,000 $30,000 Project 6 subtotal $170,000 $140,000 $30,000 PROJECT Total $23,724,000 $20,087,000 $3,637,000 ANTICIPATED PROJECT MILESTONES PROJECT PHASE BEGIN- Actual/(Forecast) END- Actual/(Forecast) Arden Avenue and Other Roads Design Summer 2021 (Fall 2023) Construction (Winter 2023) (Spring 2024) Blake Street and Other Roads Design Summer 2021 (Fall 2022) Construction (Winter 2022) (Spring 2023) Citrus Street and Other Roads Design Summer 2021 (Summer 2023) Construction (Summer 2023) (Fall 2023) Lynwood Drive and Other Roads Design Summer 2021 (Summer 2022) Construction (Fall 2022) (Winter 2022) Third Street and Other Roads Design Summer 2020 (Winter 2022) Construction (Spring 2023) (Summer 2023) San Bernardino Area Curb Ramps Design Fall 2019 (Spring 2022) Construction (Summer 2022) (Fall 2022) 17.b Packet Pg. 485 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San Revised 5/12/21 Page 32 of 32 EXHIBIT C CITY ESTIMATED PROJECT EXPENDITURE SUMMARY FY 21/22 Project Name City Cost Lynwood Ave and Other Roads $198,000 Citrus Ave and Other Roads $173,000 Total $371,000 FY 22/23 Project Name City Cost Blake St and Other Roads $38,000 Third St and Other Roads $1,281,000 San Bernardino Area Curb Ramps $30,000 Total $1,349,000 FY 23/24 Project Name City Cost Arden Ave and Other Roads $1,917,000 Total $1,917,000 TOTAL CITY SHARE $3,637,000 17.b Packet Pg. 486 Attachment: Attachment 2 - Resolution No. 2021-236; Exhibit “A” - Cooperative Agreement (8489 : Cooperative Funding Agreement W/San ATTACHMENT No. 3 LOCATIONS FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO PAVEMENT IMPROVEMENT AND ADA CURB RAMP UPDATE PROJECTS IN THE SAN BERNARDINO AREA Project 1: Arden Avenue and Other Roads –Road List Road Name Road Limits City of San Bernardino-County Shared Roads DEL ROSA AVENUE .03M N,DATE ST (NLEG)N/MARSHALL BL DEL ROSA AVENUE DEL ROSA DR N .08M SIXTH STREET WATERMAN AVE E/.23M W,PEDLEY RD WATERMAN AVENUE S LINE,WARD N/SIXTH ST WATERMAN AVENUE ALLEY S,5TH N/N LINE ,5TH WATERMAN AVENUE THIRD ST N/FOURTH ST ARDEN AVENUE .07M N,HIGHLAND AVE N/LYNWOOD DR LYNWOOD DRIVE STERLING AVE E/ARDEN AVE LYNWOOD DRIVE ARDEN AVE E/.03M E,BLYTHE ST HARRISON STREET DEL NORTE DR N/MARSHALL BLVD HARRISON STREET MARSHALL BLVD N/.03M S, 35TH ST HARRISON STREET LYNWOOD DR N/.02M S,DEL NORTE DR ELMWOOD ROAD DEL ROSA AVE N/.02M N,20TH ST FOURTH STREET WATERMAN AVE E/ PALM LN ADA Curb Ramp List Ramp Location Cross Street Ramp Location ARDEN AVENUE PUMALO STREET NW ARDEN AVENUE PUMALO STREET NE ARDEN AVENUE PUMALO STREET SE ARDEN AVENUE ORCHID DRIVE SE ARDEN AVENUE ORCHID DRIVE NE ARDEN AVENUE TWENTY-THIRD STREET SE ARDEN AVENUE TWENTY-THIRD STREET NE ARDEN AVENUE DATE STREET NW 17.c Packet Pg. 487 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location ARDEN AVENUE DATE STREET SE ARDEN AVENUE MIRADA STREET SE ARDEN AVENUE MIRADA STREET NE ARDEN AVENUE HOLY VISTA BLVD SW ARDEN AVENUE HOLY VISTA BLVD NW ARDEN AVENUE HIGHLAND AVENUE NW ARDEN AVENUE HIGHLAND AVENUE SE ARDEN AVENUE HIGHLAND AVENUE SW ARDEN AVENUE HIGHLAND AVENUE NE ARDEN STREET DATE STREET NE CARPENTER STREET DEL ROSA AVENUE SW CARPENTER STREET DEL ROSA AVENUE NW CITRUS STREET ARDEN AVENUE SW CITRUS STREET ARDEN AVENUE NW CITRUS STREET ARDEN AVENUE NE CITRUS STREET ARDEN AVENUE SE CITRUS STREET ARDEN AVENUE NE DEL ROSA DRIVE DEL ROSA AVENUE NW DEL ROSA DRIVE DEL ROSA AVENUE SW DEL ROSA DRIVE DEL ROSA AVENUE SE FIFTH STREET WATERMAN AVENUE SE FIFTH STREET WATERMAN AVENUE NE FIFTH STREET WATERMAN AVENUE NW FOURTH STREET WATERMAN AVENUE NW FOURTH STREET PALM LANE NW FOURTH STREET PALM LANE SW FOURTH STREET SCHOOLS SW FOURTH STREET SCHOOLS SE FOURTH STREET WATERMAN AVENUE NE FOURTH STREET WATERMAN AVENUE SW FOURTH STREET WATERMAN AVENUE SE KINGMAN STREET WATERMAN AVENUE NW KINGMAN STREET WATERMAN AVENUE SW LYNWOOD AVENUE BELVEDERE AVENUE NE LYNWOOD DRIVE BLYTHE AVENUE SE LYNWOOD DRIVE BLYTHE AVENUE SW LYNWOOD DRIVE NEWCOMB STREET NE LYNWOOD DRIVE NEWCOMB STREET NW LYNWOOD DRIVE McKINLEY AVENUE NE LYNWOOD DRIVE McKINLEY AVENUE NW LYNWOOD DRIVE HUDSON AVENUE NE LYNWOOD DRIVE HUDSON AVENUE NW LYNWOOD DRIVE ARDEN AVENUE SW LYNWOOD DRIVE ARDEN AVENUE SE 17.c Packet Pg. 488 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location LYNWOOD DRIVE ARDEN AVENUE NE LYNWOOD DRIVE STANTON AVENUE NE LYNWOOD DRIVE STANTON AVENUE SE LYNWOOD DRIVE STANTON AVENUE SW LYNWOOD DRIVE STANTON AVENUE NW LYNWOOD DRIVE DEL ROSA AVENUE SE LYNWOOD DRIVE DEL ROSA AVENUE NE LYNWOOD DRIVE BELVEDERE AVENUE SW LYNWOOD DRIVE DEL ROSA AVENUE SW LYNWOOD DRIVE DEL ROSA AVENUE NW LYNWOOD DRIVE LYNWOOD GREENS APARTMENTS NE LYNWOOD DRIVE LYNWOOD GREENS APPARTMENTS NW LYNWOOD DRIVE ENTRANCE LYNOWOOD GREEN NE LYNWOOD DRIVE ENTRANCE LYNWOOD GREEN NW LYNWOOD DRIVE ARDEN AVENUE LYNWOOD DRIVE BELVEDERE AVENUE NW LYNWOOD DRIVE VALARIA DRIVE SE LYNWOOD DRIVE VALARIA DRIVE SW LYNWOOD DRIVE At School driveway SE LYNWOOD DRIVE At school SW MARSHALL BLVD DEL ROSA AVENUE NW MARSHALL BLVD DEL ROSA AVENUE SW MONTEREY AVENUE WATERMAN AVENUE NE MONTEREY AVENUE WATERMAN AVENUE SE PUMALO STREET ARDEN AVENUE SW SIXTH STREET WATERMAN AVENUE NE THIRD STREET WATERMAN AVENUE NE WATERMAN AVENUE SIXTH STREET NW WATERMAN AVENUE THIRD STREET NE WATERMAN AVENUE THIRD STREET SE WATERMAN AVENUE THIRD STREET NW WATERMAN AVENUE THIRD STREET SW Project 2: Blake Street and Other Roads - Road List Road Name Road Limits City of San Bernardino-County Shared Roads JUNE PLACE SAN BENITO ST E/JUNE ST PORTER STREET MACY ST E/CALIFORNIA ST ADAMS STREET MACY ST E/CALIFORNIA ST JUNE STREET JUNE PL NE/CAJON BLVD 17.c Packet Pg. 489 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits CALIFORNIA STREET .10M S,DARBY N/CAJON BLVD County Only Roads ACAPULCO AVENUE PORTOLA ST NW/JUNE ST ACAPULCO COURT 0.03M S,ACAPULCO AVE NE/ACAPULCO AVE APPLE AVENUE .03M SE,PECAN AV NW/.07M NW,PECAN AV ARIZONA AVENUE DARBY ST N .14M BANYAN STREET MAPLE AVE E/LINDEN AVE BLAKE STREET .10M W,VERMONT ST E/STATE ST BLAKE STREET .25M W,VERMONT ST E .15M BOHNERT AVENUE .13M E,LOCUST AVE E/CEDAR AVE BRONSON STREET KERN N/3RD BRONSON STREET 3RD AVE .07M CARMELINA STREET PORTOLA ST N .08M CHELSEA COURT .04M SW,MAGNOLIA AVE NE/MAGNOLIA AVE CHERRY STREET RIVERSIDE AVE OHE N/SYCAMORE AVE CHESHIRE STREET .13M W,COMPTON AVE E/LAWRIE AVE COLUMBINE AVENUE GEREMANDER NE/MAGNOLIA COMPTON AVENUE CHESHIRE N .03M DARBY STREET .11M W,JUNE ST E/JUNE ST DATE AVENUE RIVERSIDE OHE NW/MAGNOLIA DON DIEGO STREET PORTOLA ST N .08M DUFFY STREET .08M S,MALLORY ST N/3RD AVE EMERSON STREET .03M W,LUTHER AVE E/LUTHER AVE FIRST AVENUE GRAY ST E/BRONSON ST FIRST AVENUE BRONSON ST E/.02 W,CAJON BLVD GALWAY STREET LAWRIE AVE E/WILLOW AVE GEREMANDER AVENUE KAURI AVE NLY/SYCAMORE AVE GRAY STREET .10M S,OGDEN ST N/THIRD AVE JUNE STREET DARBY N/3RD AVE JUNE STREET 3RD AVE N/JUNE PL JUNE STREET 0006M S,DARBY ST N/DARBY ST KAURI AVENUE RIVRSDE AVE OHE NE/MAGNOLA KENT STREET MACY ST E/KERRY ST 17.c Packet Pg. 490 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits KERN STREET END E/BRONSON ST KERN STREET BRONSON E/STATE KERRY STREET BLAKE ST N/KENT ST KNOLLWOOD AVENUE RIVRSIDE AVE E/SYCMORE AVE KOA DRIVE END E/KAURI AVENUE KOA DRIVE ROWAN AVE NW/END LARCH AVENUE RIVERSIDE AVE OHE E/END LAWRIE AVENUE GALWAY ST N/CHESHIRE ST LILAC AVENUE CASMALIA ST N/0005M N,CHESHIRE ST LUPIN AVENUE GEREMANDER AVE NE/MAGNOLIA LUPIN AVENUE RIVERSIDE OHE NE/DATE AVE LUTHER AVENUE SECOND AVE N/EMERSON ST MAGNOLIA AVENUE OLIVE SE/COUNTRY CLUB MAGNOLIA AVENUE PERRY AVE NW/GEREMANDER MAGNOLIA AVENUE 0002M SW,KAURI AVE NW/ROWAN AVE MAGNOLIA COURT END NE/MAGNOLIA AVE MALLORY STREET END E/0006M W,CALIFORNIA ST MESA STREET 0011M W,MACY ST (SBO CL)E/CALIF ST NOLAN COURT .05M SE,NOLAN ST NW/NOLAN ST NOLAN STREET STATE ST NW/OGDEN ST NOLAN STREET FIRST AVE NW/SECOND AVE OAKLAND AVENUE GEREMANDER AVE NE/MAGNOLIA AVE OGDEN STREET MACY NE/CAJON BLVD OLIVE AVENUE 0010M N,KNOLLWOOD AVE N&E/SYCAMORE A OLIVE AVENUE CO CLUB DR NWLY/0010M N,KNOLLWOOD A ORANGE AVENUE PECAN AVE NW 0004M OTONO COURT END N/OGDEN PALM AVENUE PECAN AVE NW 0004M 17.c Packet Pg. 491 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits PEACH STREET RIVERSIDE AVE N/SYCAMORE AVE PECAN AVENUE APPLE AVE NE/RIVERSIDE AVE PERRY AVENUE GEREMANDER AVE NE/SYCAMORE AVE PORTOLA STREET 0003M W,VERMONT E/0006M E,ACAPULCO PRINCETON COURT ROWAN AVE NW/END RESERVOIR STREET END E/GRAY ST RIVERSIDE AVE OH WEST 0003M SE,PECAN NW 0009M RIVERSIDE AVENUE OHE 0002M S,KAURI NW/0015M N,LARCH AVE RIVERSIDE AVENUE OHE 0015M N,LARCH AVE N0012M ROWAN AVENUE RIVERSIDE AVE NE/SYCAMORE AVE SAN BENITO STREET PORTOLA ST N/JUNE PLACE SECOND AVENUE GRAY ST E/CAJON BLVD STATE STREET .14M S,CAJON BLVD N /CAJON BLVD SYCAMORE AVENUE 0012M SE,ROWAN AVE NW/0015M NW,LARCH SYCAMORE AVENUE 0015M NW, LARCH AVE NW0015M THIRD AVENUE BRONSON E/CAJON BLVD THIRD AVENUE GRAY ST E/BRONSON ST TWIN PEAKS ROAD END N/SECOND AVE VERMONT STREET 0006M S,BLAKE ST N/0010M N,PORTOLA WILLOW AVENUE CAMALIA ST NLY/0006M N,GALWAY ST ADA Curb Ramp List Ramp Location Cross Street Ramp Location APPLE AVENUE PECAN AVENUE NE APPLE AVENUE PECAN AVENUE NW CALIFORNIA STREET ADAMS STREET NW CASMALIA AVENUE CACTUS AVENUE SE CASMALIA STREET CACTUS AVENUE SW 17.c Packet Pg. 492 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location CASMALIA STREET WILLOW AVENUE NE CASMALIA STREET WILLOW AVENUE NW CASMALIA STREET LILAC AVENUE SW CASMALIA STREET LILAC AVENUE NW CHERRY STREET RIVERSIDE AVENUE OHE NE CHERRY STREET RIVERSIDE AVENUE OHE NW COUNTRY CLUB DRIVE DATE AVENUE NE COUNTRY CLUB DRIVE SYCAMORE AVENUE SE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NW COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. SW COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NE COUNTRY CLUB DRIVE RIVERSIDE AVENUE OHE. NW COUNTRY CLUB OHE DATE AVENUE SE COUNTRY CLUB OHE RIVERSIDE AVENUE SE DARBY STREET DUFFY STREET SE DATE AVENUE RIVERSIDE AVENUE OHE NE DATE AVENUE RIVERSIDE AVENUE OHE NW GEREMANDER AVENUE ROWAN AVENUE NE GEREMANDER AVENUE ROWAN AVENUE NW KERRY STREET BLAKE STREET SE KERRY STREET ENTRANCE S S KERRY STREET Entrance N N KERRY STREET EXIT. S S KERRY STREET EXIT. N N KERRY STREET MACY STREET SE KNOLLWOOD AVENUE SYCAMORE AVENUE SE KNOLLWOOD AVENUE SYCAMORE AVENUE SW KNOLLWOOD AVENUE OLIVE AVENUE SE KNOLLWOOD AVENUE OLIVE AVENUE SE KNOLLWOOD AVENUE OLIVE AVENUE NW KNOLLWOOD AVENUE OLIVE AVENUE SW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE SW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE NW KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE NE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. NE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. SE KNOLLWOOD AVENUE RIVERSIDE AVENUE OHE. NW KOA DRIVE ROWAN AVENUE NW KOA DRIVE ROWAN AVENUE SW LARCH AVENUE RIVERSIDE AVENUE OHE. NE LARCH AVENUE RIVERSIDE AVENUE OHE. SE LUPIN AVENUE RIVERSIDE AVENUE OTH. NE LUPINE AVENUE RIVERSIDE AVENUE OHE. NW 17.c Packet Pg. 493 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location MACY STREET MESA STREET NW MACY STREET MALLROY STREET SW MACY STREET BLAKE STREET NW MAGNOLIA AVENUE PERRY AVENUE NW MAGNOLIA AVENUE PERRY AVENUE SW OAKLAND AVENUE MAGNOLIA AVENUE SE OAKLAND AVENUE MAGNOLIA AVENUE SW OAKLAND AVENUE GEREMANDER AVENUE NE OAKLAND AVENUE GEREMANDER AVENUE NW PEACH STREET RIVERSIDE AVENUE OHE NW PEACH STREET RIVERSIDE AVENUE OHE NE PERRY AVENUE GEREMANDER AVENUE NE PERRY AVENUE GEREMANDER AVENUE NW PRINCETON COURT ROWAN AVENUE NW PRINCETON COURT ROWAN AVENUE SW RIVERSIDE AVENUE OH PECAN AVENUE SE RIVERSIDE AVENUE OH PECAN AVENUE SW RIVERSIDE AVENUE OTH ROWAN AVENUE NE SHORT STREET UNIVERSITY PARKWAY SE STATE STREET ADAMS STREET SW STATE STREET ADAMS STREET NW STATE STREET SHORT STREET SW STATE STREET NOLAN STREET NW STATE STREET NOLAN STREET NE SYCAMORE AVENUE N RIVERSIDE AVE (QUINCE AVE) SW SYCAMORE AVENUE N RIVERSIDE AVE (QUINCE AVE) SE VERMONT STREET FIRST AVENUE NE VERMONT STREET SECOND AVENUE SE VERMONT STREET SECOND AVENUE NE WILLOW AVENUE GALWAY STREET NE WILLOW AVENUE GALWAY STREET NW Project 3: Citrus Street and Other Roads – Road List Road Name Road Limits City of San Bernardino-County Shared Roads ARDEN AVENUE LYNWOOD DR N .11M BARTON STREET .03M N,BASE LINE N/PACIFIC ST CITRUS STREET STERLING AVE E/.03M E,BLYTHE ST 17.c Packet Pg. 494 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits CONEJO DRIVE PACIFIC ST N .10M CONEJO DRIVE .05M N,BASE LINE N/PACIFIC ST DEL ROSA AVENUE PACIFIC ST N/DEL ROSA DR DWIGHT WAY BASE LINE N/PACIFIC ST GLASGOW AVENUE BASE LINE N/PACIFIC ST MONTEREY AVENUE PALM LN E/PINE ST MONTEREY AVENUE PINE ST E/WHITLOCK AVE PEDLEY ROAD THIRD ST N/SIXTH ST PERRIS HILL ROAD BASE LINE N/PACIFIC ST STERLING AVENUE CITRUS ST N/LYNWOOD DR STERLING AVENUE DATE PL N/0009M N,DATE ST (SBO CL) STERLING AVENUE PACIFIC ST N/HIGHLAND AVE TIPPECANOE AVENUE BASE LINE N/PACIFIC ST YATES STREET BASE LINE N/END ANSON STREET GLASGOW AVE E .08M ARGYLE AVENUE PUMALO ST N/.04M N,DATE ST ARGYLE AVENUE CITRUS ST N/AVALON AVE ARGYLE COURT ARGYLE AVE E .03M AVALON AVENUE ARGYLE AVE E/GUTHRIE ST BESSANT STREET DWIGHT WY E/GLASGOW AVE BESSANT STREET GLASGOW AVE E/DEL ROSA DR BLYTHE AVENUE JONQUIL ST N/CROYDON ST 17.c Packet Pg. 495 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits BLYTHE AVENUE DATE ST N/CITRUS ST BLYTHE AVENUE CITRUS ST N/LYNWOOD DR BONNIE STREET TWENTY-SIXTH ST N/DATE PL BUCHANAN STREET TWENTYEIGHT ST N/CITRUS ST BUCHANAN STREET HOLLY VISTA N/AVALON AVE CHIQUITA LANE PUMALO ST N/26TH ST CHIQUITA LANE .03M S,DATE PL N .01M COURT STREET PALM LN E/WHITLOCK CROSS STREET .04M W,OSBUN RD E/OSBUN RD CROYDON STREET EUCALYPTUS DR E/BLYTHE AVE DATE COURT DATE ST N .03M DWIGHT WAY 18TH ST N/19TH ST EIGHTEENTH STREET DWIGHT WAY E/DEL ROSA DR EIGHTEENTH STREET DEL ROSA AVE E/OSBUN RD ELM AVENUE PUMALO ST N/DATE PLACE ELM COURT ELM NE/END ELMO DRIVE DWIGHT WAY E/GLASGOW AVE ELMWOOD ROAD PACIFIC ST N/DEL ROSA AVE EUCALYPTUS DRIVE .03M S,23RD ST N/PUMALO ST EUCALYPTUS DRIVE JONQUIL ST N/DATE ST EUCALYPTUS DRIVE HOLLY VISTA BLVD N .13M FAIRFAX DRIVE BASE LINE N/PACIFIC ST 17.c Packet Pg. 496 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits FISHER STREET GLASGOW AVE E/DEL ROSA DR GARDEN DRIVE .06M N,BASE LINE N/PACIFIC ST GLASGOW AVENUE PACIFIC ST N/NINETEENTH ST GOLONDRINA COURT GOLONDRINA DR E/END GOLONDRINA DRIVE PASITO ST N/MERITO AVE GUTHRIE STREET PUMALO ST N/.05M N,27TH ST GUTHRIE STREET DATE ST N/28TH ST GUTHRIE STREET 28TH ST N .10M GUTHRIE STREET HOLLY VISTA BLVD N/AVALON AVE HOLLY VISTA BOULEVARD ARGYLE AVE E/ARDEN AVE HOLLY VISTA BOULEVARD STANTON AVE E/BLYTHE ST HUDSON AVENUE 28TH ST N .11M HUDSON AVENUE HOLLY VISTA BLVD N .13M HUDSON AVENUE LYNWOOD DR N .09M INDEPENDENT PLACE DWIGHT WAY E/GLASGOW AVE JONQUIL STREET STANTON AVE SE/BLYTHE AVE LITTLE THIRD STREET PALM E/PEDLEY LITTLE TIPPECANOE AVE END N/TIPPECANOE MC KINLEY AVENUE DATE ST N/0013M N,HOLLY VISTA BLVD MC KINLEY AVENUE LYNWOOD DR N 0009M MERITO AVENUE STERLING NLY/MERITO PL MERITO AVENUE DATE N/END MERITO PLACE ROCA CIRCLE N/HIGHLND SH30 17.c Packet Pg. 497 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits MIRADA COURT MIRADA ST N/END MIRADA PLACE MIRADA ST N .05M MIRADA STREET ARDEN AVE E/BLYTHE AVE MIRADA STREET BLYTHE AVE E0003M/END MITAD COURT ROCA CIRCLE N/END MONTE VISTA DRIVE END N/0004M S,HIGHLAND AVE NEWBURY AVENUE TWENTY-SEVENTH ST SE/STERLING AVE NEWCOMB STREET 28TH ST N/END NEWCOMB STREET HOLLY VISTA BLVD N/END NEWCOMB STREET LYNWOOD DR N 0009M NILES STREET END E/OSBUN NINETEENTH STREET DWIGHT E/YATES NINETEENTH STREET ELMWOOD RD E/SAN BDNO CL NINETEENTH STREET .03M W, OSBUN RD E/OSBUN RD NINETEENTH STREET END E/MERITO NINETEENTH STREET ELM E/STERLING ORANGE KNOLL AVENUE PUMALO ST N/END ORANGE KNOLL AVENUE DATE ST N/END ORANGE KNOLL AVENUE HOLLY VISTA BLVD N/END ORCHID DRIVE ARDEN AVE E/END OSBUN ROAD SEVENTEENTH ST N/NILES ST OSBUN ROAD NILES ST N .02M OSBUN ROAD .02M N,NILES ST N/NINETEENTH ST PALM LANE THIRD N/MONTEREY PASITO STREET GOLONDRINA E/SERENA 17.c Packet Pg. 498 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits PINE STREET LITTLE THIRD ST N/MONTEREY AVE PRADERA AVENUE ROCA CIRCLE N/MERITO PUMALO COURT PUMALO ST N/END ROCA CIRCLE END N/MERITO ROGERS LANE 28TH ST N/END ROGERS LANE CITRUS ST N/AVALON AVENUE ROSENA AVENUE PUMALO ST N/DATE PL SERENA STREET PASITO N&NW/ELM AVE SEVENTEENTH STREET 0013M W,GLASGOW AVE E/DEL ROSA DR SEVENTEENTH STREET DEL ROSA E/OSBUN STANTON AVENUE JONQUIL ST N/DATE ST STANTON AVENUE CITRUS AVE N/LYNWOOD DR STANTON AVENUE LYNWOOD DR N .09M SUNNYSIDE AVENUE END N/SIXTH ST TWENTIETH STREET ELMWOOD AVE E 0009M TWENTY-EIGHTH STREET BUCHANAN ST E/ORANGE KNOLL TWENTY-EIGHTH STREET BLYTHE AVE E/END TWENTY-NINTH STREET BLYTHE AVE E 0005M TWENTY-SEVENTH STREET END E/NEWBURY AVE TWENTY-SEVENTH STREET ARGYLE AVE E/GUTHRIE TWENTY-SIXTH STREET CHIQUITA LN E/BONNIE ST 17.c Packet Pg. 499 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits TWENTY-SIXTH STREET ARGYLE AVE E/GUTHRIE TWENTY-THIRD STREET ARDEN AVE E/END WADSWORTH AVENUE JONQUIL ST N/END WADSWORTH AVENUE HOLLY VISTA BLVD N/END WARD STREET PEDLEY E/WHITLOCK WHITLOCK AVENUE END N/SIXTH ST YATES AVENUE EIGHTEENTH N/NINETEENTH Project 4: Lynwood Drive and Other Roads – Road List Road Name Road Limits City of San Bernardino-County Shared Roads DEL NORTE DRIVE HARRISON E/GOLDEN DEL ROSA AVENUE EUREKA ST N/FOOTHILL DR E STREET FORTIETH ST N/FORTY-EIGHTH ST ECHO DRIVE MODESTO DR E/FERNDALE AVE EDGEMONT DRIVE BONNIE ST E/GOLONDRINA DR EUREKA STREET DEL ROSA AVE E/STERLING AVE FOOTHILL DRIVE DEL ROSA AVE E/STERLING AVE FOOTHILL DRIVE STERLING AVE E/MANZANITA DR FORTIETH STREET .08M W,GOLDEN AVE E .19M FORTY-EIGHTH STREET "E" ST E .24M (SBO CL) FOURTH AVENUE .04M N,KENDALL DR N/HILL DR HILL DRIVE .03M W,MAGNOLIA DR E/MAGNOLIA DR HILL DRIVE MAGNOLIA AVE E/FOURTH AVE HILL DRIVE FOURTH AVE E/.06 M E,MOUNTAIN DR HILL DRIVE .06M E,THIRD AVE E/"E" STREET IRONWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR LYNWOOD DRIVE HARRISON ST E/MOUNTAIN AVE LYNWOOD DRIVE DEL ROSA AVE E/0017M W,STERLING 17.c Packet Pg. 500 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits MAGNOLIA DRIVE FORTY-EIGHTH ST N/HILL DR MARSHALL BLVD DEL ROSA AVE E/OSBUN RD (SBO CL) MARSHALL BLVD 0002M W,GOLONDRINA E/STERLING AVE MARSHALL BLVD STERLING AVE E/ARDEN AVE MARSHALL BLVD ARDEN AVE E/0004M W,VALARIA DR MODESTO DRIVE THIRTY-FIFTH ST N/THIRTY-SIXTH ST MOUNTAIN AVENUE LYNWOOD DR N/0002M N,GLENMARE ST MOUNTAIN AVENUE 0007M S,EUREKA ST N 0005M MOUNTAIN AVENUE 0021M S,YUCCA DR N/0010M S,39TH ST THIRTY-FIFTH STREET 0003M W,GARDEN E/0004M E,CONEJO DR THIRTY-NINTH STREET 0003M E,GOLDEN E/0001MW,FERNDALE AVE County Only Roads ACRE LANE .05M N, 40TH ST N/44TH ST ALAMEDA AVENUE 33RD ST N/34TH ST ALAMEDA COURT DEL NORTE DR N 0.07M ALAMEDA COURT EDGEMONT DR N 0.02M ALTO COURT ALTO DR N .04M ALTO DRIVE LOS FLORES DR NLY/STERLING AVE ARDEN AVENUE MARSHALL BLVD N/FOOTHILL DR ARGYLE AVENUE EDGEMONT N/LOS FLORES BELVEDERE AVENUE MARSHALL BLVD N/PIEDMONT ST BLYTHE AVENUE EDGEMONT DR N/GLENMARE ST BONNIE STREET EDGEMONT DR N/EUREKA ST BONNIE STREET EUREKA ST N/FOOTHILL DR CEDAR DRIVE 41ST STREET N .13M CEDAR DRIVE FOURTY-EIGHTH ST N/HILL DR CHIQUITA LANE LYNWOOD RD N&E/OSBUN RD CHIQUITA LANE 35TH N/FOOTHILL DR CONEJO DRIVE MARSHALL N/EUREKA CONEJO DRIVE 33RD N/35TH CONEJO DRIVE .02M S,36TH ST (SB CL)N/39TH ST CONEJO PLACE .03M W,CONEJO DR E/CONEJO DR COTTAGE DRIVE 40TH N .12M DEL REY DRIVE LYNWOOD DR N/DEL NORTE DR DEL REY DRIVE DEL NORTE DR N .07M DEL REY DRIVE EDGEMONT DR N/34TH ST 17.c Packet Pg. 501 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits DOGWOOD STREET HOLLY VISTA BLVD N/LYNWOOD DR DOGWOOD STREET LYNWOOD DR N/MARSHALL BLVD DOGWOOD STREET MARSHALL BLVD N/EUREKA ST DOGWOOD STREET 35TH ST N/FOOTHILL DR DUMBARTON AVENUE EDGEMONT DR N .16M EDGEMONT COURT .04M W,EDGEMONT DR SE/EDGEMONT DR EDGEMONT DRIVE DEL REY DR E/GOLDEN AVE EDGEMONT DRIVE DOGWOOD ST E/OSBUN RD EDGEMONT DRIVE STERLING AVE E&NE .35M EDGEMONT DRIVE PALOMAR AVE E .16M EDGEMONT DRIVE ARDEN AVE E/.08M E,BELVEDERE AVE ELM AVENUE MARSHALL BLVD N/FOOTHILL DR ELMWOOD ROAD HOLLY VISTA ST N/LYNWOOD DR ELMWOOD ROAD LYNWOOD DR N&E/DOGWOOD ST ELMWOOD ROAD EUREKA ST N/FOOTHILL DR ERWIN AVENUE .04M S,GLENMARE ST N .13M EUREKA STREET GOLDEN AVE E/.03M E,CONEJO DR F STREET 40TH ST N .14M F STREET .14M N,40TH ST N/HILL DR FAIRFAX DRIVE GLENMARE ST N .09M FERNDALE AVENUE .02M S,36TH ST N/ECHO DR FIRST AVENUE 40TH ST N/44TH ST FORTY-SECOND PLACE GOLDEN AVE E .07M GARDEN DRIVE MARSHALL BLVD N/CONEJO DR GARDEN DRIVE THIRTY-THIRD ST N/MODESTO DR GLENMARE STREET ERWIN AVE E/MOUNTAIN AVE GLENMARE STREET DUMBARTON AVE E/ARDEN AVE GLENMARE STREET BELVEDERE AVE E .08M GOLDEN AVENUE MARSHALL BLVD N/.03M N,34TH ST GOLDEN AVENUE FORTIETH ST N .23M GOLDEN AVENUE LYNWOOD DR N/MARSHALL BLVD GOLONDRINA DRIVE MARSHALL BLVD N/FOOTHILL DR HOLLY VISTA BOULEVARD ELMWOOD RD E/IRONWOOD ST I STREET MELROSE DR N/48 ST IRONWOOD COURT EDGEMONT DR N/.07M IRONWOOD STREET LYNWOOD DR N&W/DOGWOOD ST IRONWOOD STREET 35TH ST N/FOOTHILL DR JOHNSON STREET .12M N,40TH ST N/44TH STREET 17.c Packet Pg. 502 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits LORRAINE DRIVE .05M N,40TH ST N .07M LOS FLORES DRIVE ELMWOOD E/OSBUN LOS FLORES DRIVE STERLING E/EDGEMONT DR MARSHALL BLVD HARRISON E/MOUNTAIN MC KINLEY AVENUE EDGEMONT N 0017M MELROSE DRIVE I ST E/F ST MERITO AVENUE LYNWOOD N/OSBUN MESA COURT END E/ALTO DRIVE MESA VERDE AVENUE END E/CONEJO DR MODESTO DRIVE THIRTY-SIXTH N/ECHO DR NEWBURY AVENUE MARSHALL N/FOOTHILL DR NEWMARK AVENUE .05M N,40TH ST (SBO CL)N/44TH ST NORTH STREET BONNIE E/GOLONDRINA OSBUN ROAD LYNWOOD N/MARSHALL OSBUN ROAD EDGEMONT N/THIRTY THIRD ST OSBUN ROAD EUREKA N/FOOTHILL DRIVE PALOMAR AVENUE MARSHALL BLVD N&NE 0020M PALOMAR COURT PALOMAR AVE NW/END PIEDMONT STREET BELVEDERE AVE E .08M RESERVOIR DRIVE MAGNOLIA DR E/FOURTH ST RESERVOIR DRIVE FOURTH E/MOUNTAIN DR SEGUNDO COURT END E/ALTO DR STANTON AVENUE 33RD ST N/END STERLING AVENUE MARSHALL BLVD N/FOOTHILL DR THIRTY-EIGHTH STREET END E/CONEJO DR THIRTY-FIFTH STREET ELMWOOD RD E/NEWBURY AVE THIRTY-FOURTH STREET DEL REY E/GOLDEN THIRTY-FOURTH STREET END E/CONEJO THIRTY-SEVENTH STREET 0003M W,MODESTO DR E/FERNDALE AVE THIRTY-SIXTH STREET 0003M W,MODESTO DR E/FERNDALE AVE THIRTY-THIRD STREET HARRISON NE/CONEJO THIRTY-THIRD STREET DOGWOOD E/OSBUN THIRTY-THIRD STREET BONNIE E/GOLONDRINA THIRTY-THIRD STREET ARDEN AVE E/BELVEDERE AVE TOLUCA DRIVE ELMWOOD E/OSBUN TOLUCA DRIVE ARGYLE E/EDGEMONT DR WADSWORTH AVENUE 33RD ST N/END YUCCA DRIVE FERNDALE AVE E/MOUNTAIN 17.c Packet Pg. 503 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Road Name Road Limits Lynwood Drive Total Project Miles: Project 5: Third Street and Other Roads – Road List Road Name Road Limits City of San Bernardino-County Shared Roads BASE LINE 0.02M E,CONEJO DR E/GLASGOW AVE BASE LINE YATES ST E/DEL ROSA DR FIFTH STREET WATERMAN AVE E/0.23M W,PEDLEY RD FIFTH STREET 0.03M W,PEDLEY RD E/TIPPECANOE AVE HIGHLAND AVENUE .03M W,MERITO PL E/STERLING AVE MONTEREY AVENUE 0.04M E,WATERMAN AVE E/COOLEY ST PACIFIC STREET PERRIS HILL PK RD E/.04M E,FAIRFAX DR THIRD STREET WATERMAN AVE E/TIPPECANOE AVE County Only Roads DATE PLACE .04M NW,BONNIE ST SE/STERLING AVE ELM AVENUE PACIFIC ST NLY/MERITO PL FOURTH STREET PALM LN E/TIPPECANOE AVE PACIFIC STREET DWIGHT WAY E/DEL ROSA DR ADA Curb Ramp List Ramp Location Cross Street Ramp Location BASE LINE STREET DWIGHT WAY NE BASE LINE STREET DWIGHT WAY NW BASE LINE STREET FAIRFAX DRIVE NW 17.c Packet Pg. 504 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location BASE LINE STREET FAIRFAX DRIVE NE BASE LINE STREET YATES STREET NE BASE LINE STREET GLASGOW AVENUE NW BASELINE STREET GLASGOW AVENUE NE BASELINE STREET YATES STREET NW DEL ROSA DRIVE BASELINE STREET SW DEL ROSA DRIVE BASELINE STREET SE FIFTH STREET COOLEY STREET NE FOURTH STREET PEDLEY ROAD NW FOURTH STREET PEDLEY ROAD SW HIGHLAND AVENUE MERITO PLACE SE PACIFIC DRIVE CONEJO DRIVE NW PACIFIC STREET BARTON STREET SE PACIFIC STREET PERRIS HILL ROAD SE PACIFIC STREET PERRIS HILL ROAD SW PACIFIC STREET TIPPECANOE AVENUE SE PACIFIC STREET TIPPECANOE AVENUE SW PACIFIC STREET GARDEN DRIVE SE PACIFIC STREET GARDEN DRIVE SW PACIFIC STREET CONEJO DRIVE NE PACIFIC STREET CONEJO DRIVE SE PACIFIC STREET CONEJO DRIVE SW PACIFIC STREET FAIFAX DRIVE SE PACIFIC STREET GLASGOW AVENUE SE PACIFIC STREET GLASGOW AVENUE SW PACIFIC STREET GLASGOW AVENUE NW PACIFIC STREET DWIGHT WAY SE PACIFIC STREET DWIGHT WAY SW PACIFIC STREET DWIGHT WAY NW PACIFIC STREET DEL ROSA AVENUE NE PACIFIC STREET DEL ROSA AVENUE NW PALM LANE THIRD STREET NE PALM LANE THIRD STREET NW PEDLEY ROAD FIFTH STREET SW PEDLEY STREET FIFTH STREET NW PEDLEY STREET MONTEREY AVENUE NW STERLING AVENUE DATE PLACE SW STERLING AVENUE HIGHLAND AVENUE W STERLING AVENUE HIGHLAND AVENUE E STERLING AVENUE HIGHLAND AVENUE SE STERLING AVENUE HIGHLAND AVENUE NE STERLING AVENUE HIGHLAND AVENUE NW THIRD STREET PEDLEY ROAD NW THIRD STREET LENA ROAD NW 17.c Packet Pg. 505 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Ramp Location Cross Street Ramp Location THIRD STREET LENA ROAD NE THIRD STREET PALM LANE SW THIRD STREET PALM LANE. SE THIRD STREET LENA ROAD SW THIRD STREET LENA ROAD SE TIPPECANOE AVENUE THIRD STREET SE TIPPECANOE AVENUE THIRD STREET SW Project 6: Curb Ramp List (North San Bernardino Area) Ramp Location Cross Street Ramp Location BASELINE STREET TIPPECANOE AVENUE NE DEL ROSA DRIVE FISHER STREET NW DEL ROSA DRIVE FISHER STREET SW GLASGOW AVENUE BESSANT STREET SW NINETEEN STREET ELM AVENUE SE OSBURN ROAD CROSS STREET NW OSBURN ROAD CROSS STREET SW PACIFIC STREET DEL ROSA AVENUE NE PACIFIC STREET DEL ROSA AVENUE NW PACIFIC STREET ELM AVENUE NE PACIFIC STREET ELM AVENUE NW PACIFIC STREET ELMWOOD ROAD NE PACIFIC STREET ELMWOOD ROAD NW PUMALO STREET ROSENA AVENUE NE PUMALO STREET ROSENA AVENUE NW PUMALO STREET OSBUN ROAD SW PUMALO STREET OSBUN ROAD SE 17.c Packet Pg. 506 Attachment: Attachment 3 - Locations (8489 : Cooperative Funding Agreement W/San Bernardino County (Wards 1,2,4,6,7)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Appropriation of Funds for Land Development-Willdan Plan Check/Inspection Services (All Wards) Recommendation Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to am end the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on -call plan check and inspection services related to Land Development; and 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on -call plan check and inspection services related to Land Development. Background The City of San Bernardino Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long -range development policies for managed growth and development. The Department is charged with regulating growth and development through the City’s implementation tool referred to as the Development Code that carries out the policies established in the General Plan. The Land Development Division is responsible for reviewing onsite improvement plans for residential, commercial and industrial projects, and prepares conditions of approval to ensure development in accordance with City standards and ordinances. Land Development specifically focuses on the plan check and inspections required of development projects on private property. These include site grading, seismic fault investigation, drainage, stormwater management, FEMA flood plain review, Americans with Disabilities Act accessibility, onsite utilities, and related offsite improvements (e.g., driveways, etc.). Field inspectors work with developers and contractors to ensure the project is built in accordance with the approved construction drawings. The Division checks subdivision maps and parcel maps lot line adjustments to ensure conformance 18 Packet Pg. 507 8522 Page 2 with the State Subdivision Map Act. The Division also ensures compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4). Staff reviews Preliminary Water Quality Management Plans for projects on private property to meet stormwater quality standards. Public Works staff works closely with Community and Economic Development, Planning, for compliance with onsite water retention to reduce impacts to the City’s MS4 System. 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. On August 18, 2021, the Mayor and City Council adopted Resolution No. 2021 -205 approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering. Discussion To keep pace with the volume of plan check and inspection services needed through the end of the FY 2021/22, the City continues to supplement services with additional support provided through Willdan Engineering . Due to the cyclic nature of construction activity and the broad expertise necessary for the proper review of construction drawings, the City continues its contract with Willdan Engineering for specialized plan reviews and inspection services related to Land Development. These resources are needed to provide acceptable levels of service to the public for these projects. In FY 2020/21 Land Development Division moved from Community and Economic Development Department (CED) to the Public Works Department (PW). Various development projects with associated permit, plan check, inspection and c ounter service fees were collected by CED prior to Land Development moving to PW. Staff completed a budget amendment to move Land Development related revenues from CED to PW in FY 2020/21 and FY 2021/22. The active projects related to Land Development that were started prior to Land Development's move to PW are currently going through their required plan reviews and inspections by Willdan. Therefore, Public Works is responsible for payment to Willdan for these plan review and inspection services. 2020-2025 Key Strategic Targets and Goals The appropriation request is consistent with Key Target No. 1b: Financial Stability. Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions, and 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. Fiscal Impact This action results in an immediate $250,000 impact to the General Fund for the FY 2021/22 General Fund Budget. Ultimately, there is no net impact of the General Fund as 18 Packet Pg. 508 8522 Page 3 a result of the proposed action because the costs associated with the agreement for permit, plan check, inspection, counter service fees and stormwater management are covered in by the fees imposed by the City on development projects. Staff recommends appropriating a total amount of $250,000 from the General Fund into the Public Works expense budget for the purpose of completing active project plan checks and inspections assigned to Willdan Engineering. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2021-237: 1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on-call plan check and inspection services related to Land Development; and 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on -call plan check and inspection services related to Land Development. Attachments Attachment 1 Resolution No. 2021-237 Ward: All Synopsis of Previous Council Actions: September 2, 2014 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. August 18, 2021 Mayor and City Council adopted Resolution No. 2021-205 approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering. 18 Packet Pg. 509 Resolution No. 2021-237 Resolution 2021- Page 1 of 4 RESOLUTION NO. 2021-237 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FISCAL YEAR 2021/22 ADOPTED OPERATING BUDGET TO APPROPRIATE $250,000 FROM THE GENERAL FUND TO THE PUBLIC WORKS DEPARTMENT EXPENSE BUDGET IN ACCORDANCE WITH THE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING; AND AUTHORIZING THE DIRECTOR OF FINANCE TO OPEN A PURCHASE ORDER IN THE AMOUNT OF $250,000 WITH WILLDAN ENGINEERING FOR PLAN CHECK, INSPECTION, AND STORMWATER MANAGEMENT SERVICES FOR PROJECTS RELATED TO LAND DEVELOPMENT WHEREAS, the Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long-range development policies for managed growth and development: and WHEREAS, the Land Development Division is responsible for reviewing on-site improvement plans for residential, commercial and industrial projects and prepares conditions of approval to ensure development in accordance with City standards and ordinances, focusing specifically on the plan check and inspections required of development projects on private property; and WHEREAS, the Division also works with the Public Works and Planning departments to ensure compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4), performing reviews of Preliminary Water Quality Management Plans for projects on private property to meet storm-water quality standards; and WHEREAS, 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; and WHEREAS, on August 18, 2021, Mayor and City Council approved resolution 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; and 18.a Packet Pg. 510 Attachment: Attachment 1 - Resolution No. 2021-237 Appropriation of Funds for Land Development-Willdan Plan Check/Inspection Services Resolution No. 2021-237 Resolution 2021- Page 2 of 4 WHEREAS, the City now wishes to appropriate $250,000 from the general fund to Public Works Department expense budget for plan review, inspection, and stormwater management services; and WHEREAS, services are covered by incoming projects to the City through the fees imposed by the City for incoming development projects. Therefore, the collected developer fees associated to incoming projects are recognized as revenues that will realize the requested $250,000 dollar appropriation amount. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Director of Finance is hereby authorized to amend the FY 2021/22 operational budget and appropriate funds in the amount of $250,00 from the General Fund to the Public Works expense budget for plan review, inspection, and stormwater management services. 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 18.a Packet Pg. 511 Attachment: Attachment 1 - Resolution No. 2021-237 Appropriation of Funds for Land Development-Willdan Plan Check/Inspection Services Resolution No. 2021-237 Resolution 2021- Page 3 of 4 Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 512 Attachment: Attachment 1 - Resolution No. 2021-237 Appropriation of Funds for Land Development-Willdan Plan Check/Inspection Services Resolution No. 2021-237 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 18.a Packet Pg. 513 Attachment: Attachment 1 - Resolution No. 2021-237 Appropriation of Funds for Land Development-Willdan Plan Check/Inspection Services Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1) Recommendation Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construction of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Public Works Department is responsible for maintaining Seccombe Lake Park located at 160 East 5th Street and Pioneer Memorial Cemetery located at 801 North Sierra Way. Security fencing is required at both locations to prevent continuous vandalism. On June 16, 2021, the Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Project PR22-005 and established a budget in the amount of $2,600,000 in the account 007-160-8863 from Measure S to provide security fencing at both locations. Discussion Project No. 13453, to provide security fence at Seccombe Lake Park and Pioneer Memorial Cemetery, was advertised for public bidding on July 28, 2021 and August 4, 2021 in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid 19 Packet Pg. 514 8540 Page 2 Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. The project consists of installing approximately 11,000 linea r feet of 7 feet high security fence and providing adequate access to two locations through proper gates. Also, existing deteriorated fence will be removed, and gates will be repaired. Four sealed bids were received on August 26, 2021, as follows: Bidder City Base Bid Econo Fence, Inc. Riverside $2,372,565.00 Moore Fence, Co. Perris $2,471,627.50 California Landscape & Design, Inc. Upland $2,500,670.00 Izurieta Fence, Co. Los Angeles $2,768,773.56 City staff has reviewed the bid package and confirmed that Econo Fence, Inc. of Riverside, California is the lowest responsible and responsive bidder, with a total bid amount of $2,372,565. If awarded by the Mayor and City Council, construction is expected to begin in October 2021 and be completed by February 2022. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed to the City right-of-way that will provide security fencing and eliminate ongoing vandalism at the City properties. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2020/2 1 Capital Improvement Plan in Measure S Fund No. 007-160-8863 in the amount of $2,600,000. A portion of funding has been expended to support the preparation of the bid specification documents. The budget amount required to complete the construction improvement work for the Project is as follows: Construction Bid Amount $2,372,565.00 Construction Contingency $ 200,000.00 Engineering and Inspections $ 25,000.00 Total Project Cost $2,597,565.00 Available Project Budget (007-160-8863) $2,598,829.60 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-238: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 19 Packet Pg. 515 8540 Page 3 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for constructi on of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2021-238 Attachment 2 Resolution No. 2021-238; Exhibit A - Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: 1 Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22. 19 Packet Pg. 516 Resolution No. 2021-238 Resolution 2021- Page 1 of 4 RESOLUTION NO. 2021-238 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION AGREEMENT WITH ECONO FENCE, INC., IN THE AMOUNT OF $2,372,565 FOR THE CONSTRUCTION OF FENCING FOR SECCOMBE LAKE PARK & PIONEER MEMORIAL CEMETERY ("PROJECT"); AND AUTHORIZING THE PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES, AND ENGINEERING AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $225,000 FOR CONSTRUCTION OF THE PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City’s Public Works Department is responsible for maintaining Seccombe Lake Park located at 160 E 5th Street and Pioneer Memorial Cemetery located at 801 N Sierra Way in the City of San Bernardino: and WHEREAS, security fence is needed at both locations in order to prevent on going vandalism; and WHEREAS, funding in the amount of $2,600,000 was previously approved established from Measure S (Fund 007) for the Fencing For Seccombe Lake Park & Pioneer Memorial Cemetery “Project”, and. WHEREAS, in August 2021 staff administered a competitive bid process for construction of the Project resulting in four construction cost submittals: and WHEREAS, Econo Fence, Inc., of Riverside, California, has been determined to be the lowest responsive and responsible bidder with a construction bid amount of $2,372,565; and WHEREAS, the City now wishes to enter into a Construction Agreement with Econo Fence, Inc., of Riverside, California in the amount of $2,372,565 to construct the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute all documents in support of the Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.a Packet Pg. 517 Attachment: Attachment 1 - Resolution No. 2021-238 Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Resolution No. 2021-238 Resolution 2021- Page 2 of 4 Project 13453 (“Project”) including a Construction Agreement with Econo Fence, Inc. in the amount of $2,372,565 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”, and to expend contingency funds, if necessary, to complete the Project. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order to Econo Fence, Inc., of Riverside, in support of the Construction Agreement and any additional purchase orders and disbursements associated with project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines. (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the installation of a fence. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because installation of fence does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. 19.a Packet Pg. 518 Attachment: Attachment 1 - Resolution No. 2021-238 Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Resolution No. 2021-238 Resolution 2021- Page 3 of 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 19.a Packet Pg. 519 Attachment: Attachment 1 - Resolution No. 2021-238 Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Resolution No. 2021-238 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 19.a Packet Pg. 520 Attachment: Attachment 1 - Resolution No. 2021-238 Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 21___, between the City of San Bernardino (owner and hereinafter "CITY"), and Econo Fence, Inc. (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the FENCING FOR SECCOMBE LAKE PARK & PIONEER MEMORIAL CEMETERY Project No. 13453 in strict conformity with Plans and Special Provisions No. 13453, and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. A-1 19.b Packet Pg. 521 Attachment: Attachment 2 - Resolution No. 2021-238; Exhibit A - Agreement (8540 : Construction Agreement for Fencing for Seccombe Lake FENCING FOR SECCOMBE LAKE PARK & PIONEER MEMORIAL CEMETERY Project No. 13453 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: Econo Fence, Inc. BY: ________________________________ ROBERT D. FIELD City Manager BY: __Amenda Johnson____ TITLE: President ATTEST: MAILING ADDRESS: 5261Pedley Road Genoveva Rocha, CMC Riverside, CA 92509 City Clerk PHONE NO.: (951) 766-2806_________ APPROVED AS TO FORM: ATTEST: _______________________________ SONIA CARVALHO, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 19.b Packet Pg. 522 Attachment: Attachment 2 - Resolution No. 2021-238; Exhibit A - Agreement (8540 : Construction Agreement for Fencing for Seccombe Lake BID TABULATION FENCING FOR SECCOMBE LAKE PARK AND PIONEER MEMORIAL CEMETERY SPECIAL PROVISIONS NO. 13453 ITEM NO.BID ITEM DESCRIPTION ESTIMATED QTY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 MOBILIZATION 1 LS 26,800.00$ 26,800.00$ 10,867.00$ 10,867.00$ 85,300.00$ 85,300.00$ 41,989.73$ 41,989.73$ 2 TRAFFIC CONTROL 1 LS 5,000.00$ 5,000.00$ 10,665.00$ 10,665.00$ 6,700.00$ 6,700.00$ 30,000.00$ 30,000.00$ 3 CLEARING AND GRUBBING, UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL, SURVEYING, GRADING, AND REMOVALS AS NEEDED 1 LS 13,200.00$ 13,200.00$ 5,342.00$ 5,342.00$ 8,900.00$ 8,900.00$ 52,316.95$ 52,316.95$ 4 BEST MANAGEMENT PRACTICES PLAN 1 LS 1,800.00$ 1,800.00$ 1,500.00$ 1,500.00$ 2,100.00$ 2,100.00$ 15,000.00$ 15,000.00$ 5 FURNISH AND INSTALL 7' HIGH SECURITY FENCING SYSTEM (CURVE PICKET, 4 RAIL PANEL) PER PROJECT PLANS AND SPECIFICATIONS 5750 LF 168.00$ 966,000.00$ 175.41$ 1,008,607.50$ 185.00$ 1,063,750.00$ 183.65$ 1,055,987.50$ 6 FURNISH AND INSTALL PEDESTRIAN SINGLE/DOUBLE SWING GATES PER PROJECT PLANS AND SPECIFICATIONS EA 62,065.00$ 52,056.00$ 45,700.00$ 64,547.82$ 7 FURNISH AND INSTALL VEHICULAR SINGLE/DOUBLE GATE SWING GATES PER PROJECT PLANS AND SPECIFICATIONS EA 83,015.00$ 106,990.00$ 76,400.00$ 139,663.85$ 9 FURNISH AND INSTALL KNOX BOX KEY ON ALL GATES 12 EA 850.00$ 10,200.00$ 655.50$ 7,866.00$ 1,600.00$ 19,200.00$ 1,374.69$ 16,496.28$ 10 FURNISH AND INSTALL MUTCD REGULATORY SIGN TYPE R(26)S CA - NO STOPPING ANYTIME 12 EA 470.00$ 5,640.00$ 175.00$ 2,100.00$ 350.00$ 4,200.00$ 300.00$ 3,600.00$ 11 REPAIR DAMAGED FENCE PANEL/RODS (1LOCATION) AND EXISTING SLIDING GATE DERAILMENT/MISALIGNMENT (1 LOCATION) AZPPENDIX D 1 LS 3,315.00$ 3,315.00$ 4,398.00$ 4,398.00$ 3,300.00$ 3,300.00$ 5,000.00$ 5,000.00$ 14 CONSTRUCTION PROJECT SIGN 1 EA 2,300.00$ 2,300.00$ 3,123.00$ 3,123.00$ 670.00$ 670.00$ 1,775.00$ 1,775.00$ 1 MOBILIZATION 1 LS 26,940.00$ 26,940.00$ 10,867.00$ 10,867.00$ 56,800.00$ 56,800.00$ 39,459.73$ 39,459.73$ 2 TRAFFIC CONTROL 1 LS 5,000.00$ 5,000.00$ 10,665.00$ 10,665.00$ 6,700.00$ 6,700.00$ 23,674.18$ 23,674.18$ 3 CLEARING AND GRUBBING, UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL, SURVEYING, GRADING, AND REMOVALS AS NEEDED 1 LS 40,925.00$ 40,925.00$ 32,972.00$ 32,972.00$ 17,100.00$ 17,100.00$ 87,373.21$ 87,373.21$ 4 BEST MANAGEMENT PRACTICES PLAN 1 LS 1,800.00$ 1,800.00$ 1,500.00$ 1,500.00$ 2,100.00$ 2,100.00$ 15,000.00$ 15,000.00$ 5 FURNISH AND INSTALL 7' HIGH SECURITY FENCING SYSTEM (CURVE PICKET, 4 RAIL PANEL) PER PROJECT PLANS AND SPECIFICATIONS 5,000 LF 179.00$ 895,000.00$ 175.95$ 879,750.00$ 185.00$ 925,000.00$ 184.48$ 922,400.00$ 6 FURNISH AND INSTALL PEDESTRIAN SINGLE/DOUBLE SWING GATES PER PROJECT PLANS AND SPECIFICATIONS EA 35,575.00$ 27,584.00$ 21,400.00$ 35,385.53$ 7 FURNISH AND INSTALL VEHICULAR SINGLE/DOUBLE GATE SWING GATES PER PROJECT PLANS AND SPECIFICATIONS EA 52,810.00$ 59,856.00$ 40,200.00$ 67,300.10$ 8 FURNISH AND INSTALL VEHICULAR SLIDING CANTILEVER GATES PER PROJECT PLANS AND SPECIFICATIONS EA 59,340.00$ 72,688.00$ 44,000.00$ 50,747.40$ 9 FURNISH AND INSTALL KNOX BOX KEY ON ALL GATES 12 850.00$ 10,200.00$ 655.50$ 7,866.00$ 1,600.00$ 19,200.00$ 1,374.69$ 16,496.28$ 10 FURNISH AND INSTALL MUTCD REGULATORY SIGN TYPE R(26)S CA - NO STOPPING ANYTIME 12 EA 470.00$ 5,640.00$ 175.00$ 2,100.00$ 350.00$ 4,200.00$ 300.00$ 3,600.00$ 12 RESTORE 6 FOOT CMU STUCCO FENCE PILASTERS (QTY 50) PER SPECIFICATIONS 1 LS 25,000.00$ 25,000.00$ 101,305.00$ 101,305.00$ 18,000.00$ 18,000.00$ 51,000.00$ 51,000.00$ 13 PAINT RETAINING WALL & PILASTERS PER SPECIFICATIONS 7,000 SF 5.00$ 35,000.00$ 7.28$ 50,960.00$ 4.25$ 29,750.00$ 4.28$ 29,960.00$ SUBTOTAL BID SCHEDULE - PIONEER MEMORIAL CEMETERY 1,193,230.00$ 1,258,113.00$ 1,184,450.00$ 1,342,396.43$ 2,372,565.00$ 2,471,627.50$ 2,500,670.00$ 2,768,773.56$ TOTAL BID SCHEDULE BID OPENING: AUGUST 26, 2021 AT 2:00 PM BID SCHEDULE FENCING FOR SECCOMBE LAKE PARK & PIONEER MEMORIAL CEMETERY PROJECT NO. 13453 1,213,514.50$ 1,316,220.00$ 1,426,377.13$ APPARENT LOWEST BIDDER ECONO FENCE, INC. 2ND LOW: MOORE FENCE CO. 3RD LOW: CALIFORNIA LAND. & DES. INC. 4TH LOW: IZURIETA FENCE CO., INC. SUBTOTAL BID SCHEDULE - SECCOMBE LAKE PARK 1,179,335.00$ 19.c Packet Pg. 523 Attachment: Attachment 3 - Bid Tabulation (8540 : Construction Agreement for Fencing for Seccombe 19.d Packet Pg. 524 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 525 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 526 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 527 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 528 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 529 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 530 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 531 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 532 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 533 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 534 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 535 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 536 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 537 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 538 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 539 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 540 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 541 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 542 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.d Packet Pg. 543 Attachment: Attachment 4 - Bid Proposal (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.e Packet Pg. 544 Attachment: Attachment 5 - Location Map (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery 19.e Packet Pg. 545 Attachment: Attachment 5 - Location Map (8540 : Construction Agreement for Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 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 - Adoption Recommendation Adopt 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. 20 Packet Pg. 546 8537 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. On August 18, 2021, Ordinance MC-1562 was introduced by the Mayor and City Council. The Ordinance is now being returned to the Mayor and Cit y Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 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 It is recommended that the Mayor and City Council of the City of San Bernardino, California conduct second reading and adopt Ordinance No. MC-1562 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 Ac. Attachments Attachment 1 Ordinance MC-1562 Attachment 2 Water Board Staff Report including Rules and Regulations Attachment 3 Proof of Publication Ward: All Synopsis of Previous Council Actions: None 20 Packet Pg. 547 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. 20.a Packet Pg. 548 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 (8537 : Ordinance for Wastewater Ordinance No. MC-1562 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.” 20.a Packet Pg. 549 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 (8537 : Ordinance for Wastewater Ordinance No. MC-1562 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. 20.a Packet Pg. 550 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 (8537 : Ordinance for Wastewater Ordinance No. MC-1562 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 20.a Packet Pg. 551 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 (8537 : Ordinance for Wastewater 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. MC-1562, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of _______, 2021. Ordinance No. MC-1562 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 20.a Packet Pg. 552 Attachment: Attachment 1- Ordinance No. MC-1562- Wastewater Collection and Facilities - Updated-c1 (8537 : Ordinance for Wastewater 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 $7orks Department (City PW). Currently, Chapter 13.08 and Chapter 73.32 of the City's Municipal Code oudine requirements and penalties for the City's Public Sewer System and Wastewater Facilities respectively. In addition, the United States Environmental Protection Agency currendy requires all Publicly Owned Treatment Works to adopt an Enforcement Response Plan as ^ pafi of their approved pretreatment pfogram. Given that the City owns and operates Public Owned Treatment Works, it is required to adopt an ERP. On May 1,2017, the responsibility for operation and maintenaoce of the City Seuzet Collection System was rransferred from the City PW to the San Bernardino Municipal Water Department (SBMWD). SB\7MD has achieved significant milestones since the transfer occurred including providing appropriate staffing and equipment, adoption of an updated Sewer System Management PIan, adoption of a Sewer Collection Master Plan, and development of a capital improvement program. The next major milestone is the adoption of new and updated SBMWD Rules and Regulations that will ensure consistency with the City Charter, SBMWD operations, and the latest regulatory requirements. Agenda Item 20.b Packet Pg. 553 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules Water Board Commissroners Page 2 J,a,ly 79,2027 SUBJECT: ADOPTION OF NEW AND RESULTING FROM SEWER PUBLIC WORKS TO SBM$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 20.b Packet Pg. 554 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 555 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 556 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 557 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules EXHIBIT A Rule and Regulation Nos. 25 and 26 & Enforcement Response Plan [ATTACHED] 20.b Packet Pg. 558 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 559 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 560 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 561 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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; 20.b Packet Pg. 562 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 563 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 564 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules *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 20.b Packet Pg. 565 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules (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 20.b Packet Pg. 566 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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  20.b Packet Pg. 567 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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  20.b Packet Pg. 568 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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    20.b Packet Pg. 569 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 570 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 571 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 572 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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: 20.b Packet Pg. 573 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 574 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 575 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 576 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 577 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 578 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 579 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 580 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 581 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 582 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 583 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 584 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 585 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 586 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 587 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 588 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 589 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 590 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 591 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 592 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 593 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 594 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 595 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 596 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 597 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 598 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 599 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 600 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 601 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 602 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 603 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 604 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 605 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 606 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 607 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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) 20.b Packet Pg. 608 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 609 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 610 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 611 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 612 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 613 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 614 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 615 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 616 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 617 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 618 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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; 20.b Packet Pg. 619 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 620 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 621 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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; 20.b Packet Pg. 622 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 623 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 624 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 625 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 626 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 627 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 628 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 629 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 630 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 631 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 632 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 633 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 634 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 635 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 636 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 637 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 638 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 639 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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.  20.b Packet Pg. 640 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 641 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 642 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 643 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 644 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 645 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ENVIRONMENTAL CONTROL SECTION ENFORCEMENT RESPONSE PLAN Date: EXHIBIT A 20.b Packet Pg. 646 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 647 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 648 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 649 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 650 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 651 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 652 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 653 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 654 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 655 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 656 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 657 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 658 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 659 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 660 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 661 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 662 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 663 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 664 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 665 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 666 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 667 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 668 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 669 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 670 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules EXHIBIT B Rule and Regulation Nos. 1, 6, 7, 9, 10, 20, 21, 23 [ATTACHED] 20.b Packet Pg. 671 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 672 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 673 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 674 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 675 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 676 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 677 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 678 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 679 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 680 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 681 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 682 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 683 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 684 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 685 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 686 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 687 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 688 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 689 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 690 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 691 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 692 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 693 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 694 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 695 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 696 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 697 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 698 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 699 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 700 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 701 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 702 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 703 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 704 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 705 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 706 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 707 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 708 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 709 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 710 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 711 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 712 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 713 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 714 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 715 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 716 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 717 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 718 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 719 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 720 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 721 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 722 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 723 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 724 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 725 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 726 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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: ____________________ 20.b Packet Pg. 727 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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-___ ___--___ ___ ___ 20.b Packet Pg. 728 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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-___ ___--___ ___ ___ 20.b Packet Pg. 729 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 730 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 731 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 732 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 733 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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.. 20.b Packet Pg. 734 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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, 20.b Packet Pg. 735 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 736 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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: 20.b Packet Pg. 737 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 738 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 739 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 740 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 741 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 742 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 743 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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. 20.b Packet Pg. 744 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 745 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 746 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules 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 20.b Packet Pg. 747 Attachment: Attachment 2 - SBMWD Staff Report with Reso and RR Back up (8537 : Ordinance for Wastewater Facilities and Collection Rules This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3508994 DIANE GRANT CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 ORDSB - ORDINANCE PUBLICATION-SB SUMMARY OF ORDINANCE NO. MC-1563 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/09/2021 09/09/2021 SAN BERNARDINO !A000005822432! Email SUM MARY OF ORDINANCE NO. MC-1563 AN ORDINANCE OF THE MAYO R AND CITY COUNCI L OF THE CITY OF SAN BERNA RDINO,CALIFORNIA, AMENDI NG CHAPTER 9.90 OF THE SAN B ERNARDINO MUNICIPA L CODE,GRANTING ARREST AUTHORI TY TO THE BUSI NESS REGISTRATION DEP ARTMENT FO R VIOLATION OF TITLE 3,TITLE 5,AND TITLE 8 OF THE SAN BERNA RDINO M UNICPAL CODE Ordinance No MC-1563 will 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. 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. 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. 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.’’ Ordinance No.MC-1563 was introduced for First Reading at the Regular meeting of the Mayor and City Council on August 18,2021,and was adopted at Second Reading on September 1,2021,by the following vote: 20.c Packet Pg. 748 Attachment: Attachment 3- Proof of Publication (8537 : Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption) Ayes:Sanchez,Ibarra,Figueroa, Shorett,Reynoso,Calvin,and Alexander Noes:None A copy of the full text ordinance is available for review in the City Clerk's Office at 201A North ‘‘E’’ Street,San Bernardino,California. Genoveva Rocha City Clerk 9/9/21 SBS-3508994# 20.c Packet Pg. 749 Attachment: Attachment 3- Proof of Publication (8537 : Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Miguel Guerrero, P.E., General Manager Subject: Joint Exercise of Powers Agreement - Upper Santa Ana River Watershed Infrastructure (All Wards) Recommendation Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. Background/Discussion The U.S. Environmental Protection Agency (EPA) recently issued a call to water and wastewater agencies to submit Letters of Inte nt for participation in a financing program pursuant to the Water Infrastructure Finance and Innovation Act (WIFIA). The WIFIA program provides low-interest loans to support financing of water infrastructure and related projects such as habitat preservation. Although the WIFIA program issues these loans only to one entity, WIFIA does allow for applications that cover multiple projects where funding benefits more than one entity when projects serve a common purpose, share similar construction timelines and result in a substantial regional impact. Loans provided through the WIFIA program are competitive, however, applying as a regional entity with other local water and wastewater agencies expands the proposed project impact and increases the chance of bein g selected for funding by the EPA. As such, the San Bernardino Valley Municipal Water District (Valley District) recently established the Upper Santa Ana Watershed Infrastructure Financing Authority (Authority), or otherwise referred to as Watershed Connect, which is comprised of water and wastewater agencies in the Upper Santa Ana River Watershed to apply for infrastructure projects which support water sustainability in the region. The participating water and sewer service providers in the region are requesting over $800 million in funding over the next five years to build several coordinated regional projects. As WIFIA grants loans only to one organization, a Joint Exercise of Powers Agreement (Agreement) was developed to serve as an intermediary entity for EPA financing and other future funding opportunities to provide multi-year infrastructure funding to public agencies in the Upper Watershed. Each public agency participating in the Agreement will construct, own, and operate its own facilities with spec ific payback terms to be addressed through individual project agreements. There is no risk or financial obligation 21 Packet Pg. 750 8538 Page 2 to participating in the Agreement at this time as program and Agreement administrative costs apply only when an agency begins to build projec ts using this financing tool. Administration or other costs associated with maintenance of the Agreement will be included in the individual project agreements specific to each agency. The Water Department has identified approximately $14 million in poten tial projects to be part of a future funding round of the WIFIA federal low-interest loan program application: • Tertiary Treatment System (TTS) Construction Phase II - Design for the initial phase (Phase I) is complete and construction is anticipated to begin early 2022. Phase I is a revenue bond funded project, however, Clean Water State Revolving Funds are being pursued which would allow reallocation of bond funds. Phase II would expand the TTS from 2.5 MGD 5.0 MGD. Estimated construction cost is $10 million. • Hospitality Lane Recycled Water Extension Project - This potential recycled water distribution project would provide non-potable irrigation water to the Hospitality Lane corridor. This would involve the use of an abandoned geothermal line. This project is currently in the conceptual planning stage. Estimated construction cost is $4 million. The Water Department has worked with Valley District and partnering agencies to develop several different components of the Watershed Connect program i ncluding strategic communications, endorsement letters and the Agreement creating the Authority. Development of the Agreement involved thorough legal review and approval by each agency’s respective legal counsel. The Agreement provides Authority guidelines, including formation of an Authority “Board of Directors” that shall consist of two representatives from each member agency. In this respect, the Agreement establishes the Water Board as the City’s “governing body” acting on its behalf for all matters related to the Authority. The Water Board will need to designate two representatives which shall be a Department employee or Water Board Commissioner to serve as a Director and an alternate on the Board of Directors of the Authority. This action would be brought back to the Water Board after Mayor and Council consideration and full execution of the Agreement. At the August 24, 2021, regular meeting of the Water Board Commissioners, the Water Board approved the Joint Exercise of Powers Agreement and forwa rded to the Mayor and Council for their consideration. 2020-2025 Key Strategic Targets and Goals This resolution aligns with Key Target 2: Focused, Aligned Leadership and Unified Community. The City Water Department is partnering with water suppliers in the Upper Santa Ana River Watershed to pursue funding of infrastructure projects that support water supply sustainability in the region. Fiscal Impact 21 Packet Pg. 751 8538 Page 3 There is no fiscal impact to the City in approving the Agreement to join the Authority. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2021-239, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. Attachments Attachment 1 Resolution 2021-239 Attachment 2 Resolution 2021-239; Exhibit A - Joint Exercise of Powers Agreement Attachment 3 Water Board Staff Report Ward: All Synopsis of Previous Council Action: None 21 Packet Pg. 752 Resolution No. 2021-239 Resolution 2021- Page 1 of 4 RESOLUTION NO. 2021-239 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT TO JOIN THE UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code, Government Code sections 6500 et seq., (the “Act”) authorizes the creation of a joint exercise of powers entity which has the power to exercise any powers common to its members and to exercise additional powers granted to it under the Act; and WHEREAS, the San Bernardino Valley Municipal Water District, Yucaipa Valley Water District, and San Bernardino Valley Water Conservation District (“Authority Members”) have executed a Joint Exercise of Powers Agreement (“Agreement”) creating the Upper Santa Ana River Watershed Infrastructure Financing Authority (“Authority”) to facilitate the financing of the implementation of a coordinated regional water infrastructure program that provides a more reliable and affordable water supply to Authority Members and their respective rate payers, consisting of water-related capital improvement projects that will benefit public agen cies located within the vicinity of, or receiving water from, the Santa Ana River watershed (“Upper Santa Ana River Watershed Infrastructure Program”); and WHEREAS, the Authority desires to explore all financing options to fully implement the Upper Santa Ana River Watershed Infrastructure Program, including, but not limited to, entering into one or more loan agreements with the United States Environmental Protection Agency (“EPA”) under its Water Infrastructure Finance and Innovation Act of 2014 (“WIFIA”) program, a federal credit program administered by the EPA for eligible water and wastewater infrastructure projects; and WHEREAS, the City of San Bernardino Municipal Water Department (“Water Department”) has worked closely with Authority Members to develop the Agreement and several Authority components including strategic communications, program branding, funding applications, and endorsement letters; and WHEREAS, the Water Department has identified approximately $14 million in potential projects to be part of the Upper Santa Ana River Watershed Infrastructure Program, including the Tertiary Treatment System Phase II project and the Hospitality Lane Recycled Water Extension project; and WHEREAS, on August 24, 2021, the Water Board of the City of San Bernardino, California, approved the Joint Exercise of Powers Agreement to join the Upper Santa Ana River 21.a Packet Pg. 753 Attachment: Attach 1 - Resolution 2021-239 - Watershed Connect JPA - 09-15-21 [Revision 1] (8538 : Joint Exercise of Powers Agreement - Resolution No. 2021-239 Resolution 2021- Page 2 of 4 Watershed Infrastructure Financing Authority and forwarded said agreement to the Mayor and City Council for approval. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Adoption of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Agreement Approval. The Mayor and City Council hereby approve the Joint Exercise of Powers Agreement for the Upper Santa Ana River Watershed Infrastructure Financing Authority (Exhibit “1”) and authorize the City Manager to execute said agreement. SECTION 3. CEQA Exemption. 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 upon adoption by the Mayor and City Council. APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor and attested by the City Clerk this 15th day of September, 2021. John Valdivia, Mayor City of San Bernardino 21.a Packet Pg. 754 Attachment: Attach 1 - Resolution 2021-239 - Watershed Connect JPA - 09-15-21 [Revision 1] (8538 : Joint Exercise of Powers Agreement - Resolution No. 2021-239 Resolution 2021- Page 3 of 4 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 21.a Packet Pg. 755 Attachment: Attach 1 - Resolution 2021-239 - Watershed Connect JPA - 09-15-21 [Revision 1] (8538 : Joint Exercise of Powers Agreement - Resolution No. 2021-239 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 21.a Packet Pg. 756 Attachment: Attach 1 - Resolution 2021-239 - Watershed Connect JPA - 09-15-21 [Revision 1] (8538 : Joint Exercise of Powers Agreement - 4845-6031-7422v12/200315-0002 _________________________________________________________________________________ JOINT EXERCISE OF POWERS AGREEMENT by and among SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, YUCAIPA VALLEY WATER DISTRICT, and THE OTHER PARTIES SET FORTH IN EXHIBIT A creating the UPPER SANTA ANA RIVER WATERSHED INFRASTRUCTURE FINANCING AUTHORITY July 20, 2021 _________________________________________________________________________________ 21.b Packet Pg. 757 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 4845-6031-7422v12/200315-0002 JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated July 20, 2021, by and among the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a municipal water district that is duly organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Municipal Water District”), the SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT, an independent special district that is organized and existing under and by virtue of the laws of the State of California (the “San Bernardino Valley Water Conservation District”), the YUCAIPA VALLEY WATER DISTRICT, a county water district that is organized and existing under and by virtue of the laws of the State of California (the “Yucaipa Valley Water District”), and the other parties set forth in Exhibit A as it may be revised from time to time, each a public agency that is organized and existing under and by virtue of the laws of the State of California (the “Additional Members”). DECLARATION OF PURPOSE A. Chapter 5 of Division 7 of Title 1 of the California Government Code , Government Code sections 6500 et seq., (the “Act”) authorizes the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members to create a joint exercise of powers entity which has the power to exercise any powers common to the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District and the Additional Members and to exercise additional powers granted to it under the Act. This Agreement creates such an agency, which shall be known as the Upper Santa Ana River Watershed Infrastructure Financing Authority (the “Authority”) for the purposes and to exercise the powers described herein. B. The Members have determined to develop a means to facilitate the financing of the implementation of a coordinated regional water infrastructure program to provide a more reliable and affordable water supply to the Members and their respective rate payers, consisting of water -related capital improvement projects undertaken by the Members that are expected to benefit public age ncies located within the vicinity of, or receiving water from, the Santa Ana River watershed (the “Upper Santa Ana River Watershed Infrastructure Program”). C. The Members, through the development and implementation of the Upper Santa Ana River Watershed Infrastructure Program (also known as Watershed Connect), aim to invest in projects to modernize aging infrastructure and to address issues facing the region and its Members, such as the impacts of climate change, drought and the need for cooperative water management to assure safe and reliable drinking water and environmental restoration. D. The Members are each authorized to plan for, design, construct, operate, maintain, repair and replace water-related facilities and to buy, sell, lease and use property and to incur indebtedness for public purposes pursuant to the California Water Code, the California Government Code and other laws of the State of California. E. The Members desire to use any and every power common to them and the other powers granted to the Authority pursuant to the Act for the purpose of financing the costs of the various projects comprising Upper Santa Ana River Watershed Infrastructure Program. 21.b Packet Pg. 758 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 2 4845-6031-7422v12/200315-0002 F. Article 4 of the Act, Government Code sections 6584 et seq., (known as the “Marks- Roos Local Bond Pooling Act of 1985”) authorizes and empowers joint powers agencies like the Authority to issue bonds and to purchase bonds issued by, or to make loans to, the Members for financing public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the Authority. The Marks- Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so issued or purchased to public or private purchasers at public or negotiated sale. G. The Members desire to explore all financing options to fully implement the Upper Santa Ana River Watershed Infrastructure Program, including, but not limited to, entering into one or more loan agreements with the United States Environmental Protection Agency under its Water Infrastructure Finance and Innovation Act program and other funding options, including the use of the Marks Roos Local Bond Pooling Act of 1985. TERMS OF AGREEMENT Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings herein specified. “Act” shall mean Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, Government Code sections 6500 et seq., as amended. “Additional Members” shall mean a Member other than the San Bernardino Valley Municipal Water District, the Yucaipa Valley Water District, San Bernardino Valley Water Conservation District and any other initial Members. “Agreement” shall mean this Joint Exercise of Powers Agreement creating the Authority, as it may be amended from time to time. “Authority” shall mean the Upper Santa Ana River Watershed Infrastructure Financing Authority created by this Agreement. “Board” or “Board of Directors” shall mean the governing board of the Authority. “Bonds” shall have the same meaning as in Government Code section 6585(c), and in addition shall include, without limitation. bonds, loans, notes and any other evidences of indebtedness of the Authority authorized and issued pursuant to the Act or other available financing mechanism. “Director” shall mean a member of the Board appointed to the Board pursuant to Section 4(b) of this Agreement. “Indenture” shall mean each indenture, trust agreement , loan agreement, resolution or other such instrument pursuant to which Bonds are issued. “Members” shall mean San Bernardino Valley Municipal Water District, Yucaipa Valley Water District, San Bernardino Valley Water Conservation District and the Additional Members listed in Exhibit A of this Agreement. 21.b Packet Pg. 759 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 3 4845-6031-7422v12/200315-0002 “Project” shall mean generally water-related capital improvement projects, including, but not limited to, wastewater treatment, recycled water or water reuse, stormwater capture, water conveyance, groundwater storage, alternative energy, environmental preservation or ecosystem restoration projects, identified in a Project Agreement financed or refinanced by the Authority for the benefit of the Member or Members who are parties to such Project Agreement. “Project Agreement” shall mean an agreement entered into by one or more Members and the Authority pursuant to which the Authority agrees to finance or refinance a Project specified in such agreement and the Member(s) is obligated to make payments to the Authority with respect to the financial obligations incurred by the Authority for purposes of finan cing or refinancing the applicable Project, all in accordance with the terms and conditions of any such Project Agreement. “State” shall mean the State of California. Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of assisting in the financing and refinancing of the Projects of the Members, working capital for the Members and other costs described in the Act by exercising the powers referred to in this Agreement and providing an organizational framework for the implementation of the financing of the Upper Santa Ana River Watershed Infrastructure Program. Any Bonds issued by the Authority shall be solely for Projects benefiting the Member or Members, as provided in the applicable Project Agreement. Section 3. Term. This Agreement shall become effective as of the date hereof (the “Effective Date”) and shall continue in full force and effect until (i) the date which is the 40th anniversary of the Effective Date or (ii) the date on which the Members terminate this Agreement in writing; provided however this Agreement shall not terminate so long as any Bonds or other obligations of the Authority remain outstanding under the terms of any Indenture, Project Agreement, contract, agreement, or other instrument pursuant to which such Bonds are issued or other obligations are incurred. Section 4. The Authority. (a) Creation of the Authority. There is hereby created pursuant to the Act an authority and public entity to be known as the “Upper Santa Ana River Watershed Infrastructure Financing Authority.” As provided in the Act, the Authority shall be a public entity separate from the Members. The geographic boundaries of the Authority shall be coextensive with the boundaries of all of the Members. The debts, liabilities and obligations of the Authority shall not constit ute debts, liabilities or obligations of the Members. Notwithstanding any other provision of this Agreement, the Authority shall have no power to incur any debt, liability or obligation that is not subject to and limited by the preceding sentence, including but not limited to any debt, liability or obligation to a public retirement system or otherwise for pension, health care or other retirement benefits. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State in the manner that is set forth in Section 6503.5 of the Act, and, to the extent required, with the Local Agency Formation Commission under Section 6503.8 of the Act. Such notice shall also be filed with the office of the Finance Director of the State. 21.b Packet Pg. 760 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 4 4845-6031-7422v12/200315-0002 (b) Governing Board. The Authority shall be administered by a Board of Directors, which is hereby established, consisting of one (1) Director for each Member, whom shall be designated by the Member by motion or resolution of the governing board of the Member, which motion or resolution shall be filed with the Authority. Each Member shall, from time to time, designate a Director and an alternate, which shall be a governing board member of the Member or employee of the Member, to represent the Member on the Board. The alternate shall be entitled to all rights as a Director, including rights of voting in the absence of the Director. Directors and alternates shall serve for so long as they are either serving a term to the governing body of, or are in the active employ of, the appointing Member , unless earlier removed from such position as Director or alternate, as applicable, by the governing body of the appointing Member. Directors and alternates shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Member's governing board. Directors shall not receive any compensation by the Authority for serving as such, but shall be entitled to reimbursement for any expenses actually incurred and not reimbursed by the Member that appointed such Director in connection with serving as a Member, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. Members may provide for per diem or other compensation for their appointed Director from the Member’s own funds, provided such is not a charge against the Authority. (c) Meetings of Board. (1) The Board shall hold regular meetings on the first and third Wednesdays of each calendar month at 8:30 A.M. at the offices of the San Bernardino Valley Municipal Water District unless the Board determines to meet at an alternate time or location in accordance with California law. The Board may suspend the holding of regular meetings so long as there is no need for Authority business. The Board may hold special meetings at any time and fro m time to time in accordance with law, provided that, so long as required by the Act, any action taken regarding the sale of Bonds shall occur by resolution placed on a noticed and posted meeting agenda for a regular meeting of the Authority. (2) All regular and special meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code), or any successor legislation hereafter enacted. (3) The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to the Members. (4) A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. (d) Voting. Each Director representing his or her appointing Member shall have one vote. Unless specified to the contrary herein, all actions of the Board shall be approved on the affirmative vote of a majority of the quorum of Directors present at the meeting. In the event of a tie vote among the Directors voting, the matter will not be a considered to have passed. 21.b Packet Pg. 761 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 5 4845-6031-7422v12/200315-0002 (e) Officers; Duties; Bonds. (1) The officers of the Authority shall be the Chair, Vice Chair, Executive Director, Secretary and Treasurer, who will each serve at the pleasure of the Board. (2) The Director to the Authority from the San Bernardino Valley Municipal Water District, or his or her alternate or designee, shall serve as the first Chair of the Authority for [one-year from the Effective Date]. After such period, the Chair shall be elected by a vote of the Board for a one year term. The Chair shall preside at all meetings of the Authority. (3) The Board shall select from its members a Vice Chair who shall serve as Vice Chair of the Authority. The term of office of the Vice Chair shall be [one year]. Following the expiration of such term, a Vice Chair shall be elected by a vote of the Board. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of a vacancy in the position of the Chair, the Vice Chair shall perform the duties of the Chair, until such time as a new Chair is selected or appointed. (4) The General Manager of the San Bernardino Valley Municipal Water District is hereby designated as the initial Executive Director of the Authority. By a vote of the Board, the Authority may give notice to San Bernardino Valley Municipal Water District of its desire to replace the initial Executive Director. The Authority and San Bernardino Valley Municipal Water District shall engage in a good faith discussion of this desire for a period of at least thirty (30) days. If following the thirty-day period the Authority and the San Bernardino Valley Municipal Water District have not been able to resolve any outstanding issues, the Board may remove or appoint a new Executive Officer pursuant to a vote. The Executive Director shall be responsible for execution and supervision of the affairs of the Authority. Except as otherwise authorized by resolution of the Board, the Executive Director or the Executive Director’s designee shall sign all contracts, deeds and other instruments executed by the Authority. In addition, subject to the applicable provisions of any Indenture providing for a trustee or other fiscal agent, the Executive Director is designated as a public officer or person who has charge of, handles or has access to any property of the Authority, and shall file an official bond if so required by the Board pursuant to Section 6505.1 of the Act. In addition to the powers, duties and responsibilities provided herein, the Executive Director shall have such powers, duties and responsibilities as may be hereinafter granted or imposed, as the case may be, by the Board. (5) The Clerk of the Board of the San Bernardino Valley Municipal Water District shall serve as the initial Secretary until such time as the Board may appoint a replacement. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. (6) The Treasurer of the San Bernardino Valley Municipal Water District shall serve as the initial Treasurer of the Authority until the Board may appoint a replacement. The Treasurer of the Authority shall have the powers, duties and responsibilities that are specified in Sections 6505 and 6505.5 of the Act. The Treasurer of the Authority is designated as a public officer 21.b Packet Pg. 762 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 6 4845-6031-7422v12/200315-0002 or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond as required by the Board pursuant to Section 6505.1 of the Act. The cost of the bond shall be paid by the Authority. (7) So long as required by Sections 6505 and 6505.5 of the Act, the Treasurer of the Authority shall prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Act every year during the term of this Agreement; and (b) a report in writing on the first day of July, October, January and April of each year to the Board and the Members, which report shall describe the amount of money held by the Treasurer of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provides regular reports covering such amounts). (8) The services of the officers shall be without compensation by the Authority. The San Bernardino Valley Municipal Water District may provide such other administrative services as required by the Authority. (9) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (10) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pension, relief, disability, worker’s compensation and other benefits which apply to the activities of officers, agents or employees of the Members when performing their respective functions within such Member’s territorial limits, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially for or on behalf of the Authority under the provisions of this Agreement. (11) None of the officers, agents or employees, if any, directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by a Member or, by reason of their employment by the Authority, to be subject to any of the requirements or benefits to any of the Members. (12) The Members hereby confirm their intent and agree that, as provided in Section 4(a) hereof and in the Act, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Members, and they do not intend by the following sentence to impair this provision. Notwithstanding Section 4(a) hereof, the confirmation provided immediately above, and the Act, each Member shall indemnify, defend and hold harmless the Authority and each other Member and each of the Authority and the other Member’s officers, directors, employees, attorneys and agents from and against any and all costs, expenses, losses, claims, damages, and liabilities directly or indirectly arising out of or in connection with any negligent or wrongful act or omission of such Member in the performance of this Agreement, and the Members intend that each Member provide indemnity or contribution in proportion to that Member’s responsibility for any such claim, damage, loss, ju dgment, liability, expense or other cost, as determined under principles of comparative negligence . Each Member may elect to defend itself in any such action with counsel of its choice, the reasonable fees of such counsel to be paid by such Member providing indemnification under this section. Notwithstanding the provisions of Section 895.6 of the Government Code of the State, a Member shall not have any right to contribution from the Authority. This paragraph shall survive the termination of this Agreeme nt. 21.b Packet Pg. 763 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 7 4845-6031-7422v12/200315-0002 (13) In any event, the Authority shall cause all records regarding the Authority’s formation, existence, operations, any Bonds issued by the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six (6) years following termination of the Authority or final payment of any Bonds issued by the Authority, whichever is later. (14) Confirmation of officers shall be the first order of business at the first meeting of the Authority, regular or special, held in each calendar year. (15) No Board member, officer, agent or employee of the Authority, without prior specific or general authority under this agreement or by a vote of the Board, shall have any power or authority to bind the Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount. Section 5. Powers. The Authority shall have any and all powers which are common powers of the Members, and the powers separately conferred by law upon the Authority. All such powers, whether common to the Members or separately conferred by law upon the Authority, are specified as powers of the Authority, except any such powers which are specifically prohibited to the Authority by applicable law. The Authority’s exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the San Bernardino Valley Municipal Water District. The Authority is hereby authorized, in its own name, to do all acts necessary or convenient for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible, wherever located; to issue Bonds or otherwise incur debts, liabilities or obligations, except for any debt, liability or obligation to a public retire ment system or otherwise for pension, health care or other retirement benefits, to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues or the rights thereto as security for such Bonds and other indebtedness Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. This section shall be subject to the limitations on the powers of the Authority set forth in Section 4(a). Section 6. Termination of Powers. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement in accordance with Section 3 hereof. Section 7. Fiscal Year and Budgeting. The first fiscal year of the Authority shall be the period from the effective date of this Agreement to June 30, 2022. Each subsequent fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the succeeding year, unless changed by resolution of the Board. The Authority shall develop, circulate, and approve an annual budget for the funding of its administrative and other functions. The budget shall be prepared by the Executive Director. No later than March 1 prior to the beginning of the fiscal year for which the budget is to operate, the 21.b Packet Pg. 764 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 8 4845-6031-7422v12/200315-0002 Executive Director shall present and circulate to all Members the proposed budget, for review and analysis. The circulated budget shall include the underlying presumptions and worksheets upon which it is based. The Executive Director or his or her designee, shall be reasonably available to respond promptly to any inquiries or information requests regarding the proposed budget. No later than thirty (30) days after presentation of the budget, the Board shall meet to deliberate and pass upon the budget. The Board may accept, reject, or modify in any way the budget as proposed by the Executive Director. Initially, the San Bernardino Valley Municipal Water District shall perform the accounting and revenue collection functions of the Authority, tracking and securing the funding from the Members pursuant to the approved annual budget, and consistent with the approved cost allocations among the Members approved therewith. The San Bernardino Valley Municipal Water District shall perform such functions until such time as a different Member or other entity is selected by the Board to perform the accounting and revenue collection functions of the Authority and tracking and securing the funding from the Members pursuant to the approved annual budget. In the event of any delinquency, the San Bernardino Valley Municipal Water District may request the Authority to appoint it, or any other Memb er or group of Members, to represent the Authority, as its agent, in securing collection of unpaid and owing amounts from any delinquent Member or Members. The reasonably incurred costs of such collection efforts may be reimbursed to the agent authorized by the Authority to go forward with them, and may be added as an administrative cost to other Members, or as a credit against future amounts owing to the Authority from such authorized agent. Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority shall be returned in proportion to any contributions made as required by Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal (except for any surplus money, which shall be distributed pursuant to the first sentence of this Section), shall be distributed to the Members in proportion to their contributions. Section 9. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by a Member for any of the purposes of this Agreement. Administrative costs owed to the Authority are intended to be recovered pursuant to the terms of the Project Agreement executed by the Members. Only Members executing a Project Agreement shall be required to pay such administrative costs. Section 10. Bonds. (a) Authority to Issue Bonds. When authorized by the Act or other applicable provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board. The issuance of Bonds shall be approved by the affirmative vote of a majority of the total number of Directors of the Authority. 21.b Packet Pg. 765 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 9 4845-6031-7422v12/200315-0002 (b) Bonds Limited Obligations. The Bonds, including the principal and any purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets that are pledged therefor under the applicable Indenture(s), and shall not constitute a charge aga inst the general credit of the Authority or the Members. The Bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security interest in, any property of the Authority or any Members (other than property of the Member executing a Project Agreement to secure such Bonds, and only to the extent set forth in such Project Agreement) or any Authority income or receipts or any Member’s income or receipts (other than income or receipts of the Member executing a Project Agreement and only to the extent set forth in such Project Agreement) e xcept the property, income and receipts pledged therefor under the applicable Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public agency thereof , including any Member, other than the special obligation of the Authority as described above. Neither the faith and credit nor the taxing power of the State or any public agency thereof, including any Member, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the Bonds, nor shall the State or any public agency or instrumentality thereof, including any Member, in any manner be obligated to make any appropriation for such payment. The Authority shall have no taxing power. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any director, officer, agent or employee of the Authority or a Member, in his or her individual capacity, and no director or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject to any personal liability or accountability by reason of the issuance of such Bond. Section 11. Agreement not Exclusive. This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the Members, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. Section 12. Project Agreements. The rights and obligations of the Members and the Authority with respect to any Bonds issued by the Authority shall be set forth in the respective Project Agreements to be authorized by the Board of the Authority and the governing board of the participating Members and executed and delivered by the Authority and the participating Members. Each Project Agreement shall include (i) a confirmation of the Member that such Member has the legal authority to carry out the project activities related to the applicable Project and (ii) provisions to ensure that such Member will comply with the provisions of any Indenture related to such Project Agreement. Section 13. Additional Members. It is recognized that public agencies other than the original Members to this Agreement may wish to partic ipate in the Authority. As determined by the Board of Directors, in its sole discretion, any such public agency must have the common powers specified in the Declaration of Purpose, above, must be credit worthy, and must provide benefits to the Upper Santa Ana River Watershed Infrastructure Program and to the other Members. Any proposed Additional Member must meet all established principles or requirements adopted by any Member with respect to potential participation in the Upper Santa Ana River Watershed Infrastructure Program that are in effect at the time the proposed Additional Member applies to become a Member. Additional public agencies may become Members upon such terms and conditions as approved by a unanimous vote of the Board, including establishment of an appropriate 21.b Packet Pg. 766 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 10 4845-6031-7422v12/200315-0002 cost allocation for that Additional Member and payment by the Additional Member of an acceptable financial contribution to offset prior expenses or obligations incurred by the existing Members, if any. The Authority shall revise Exhibit A to reflect such Additional Member and shall attach the revised Exhibit A as a replacement exhibit. Such replacement Exhibit A shall not constitute an amendment to this Agreement. Section 14. Withdrawal of a Member. Any Member seeking to withdraw from the Authority shall give at least one hundred eighty (180) days written notice of its election to do so. Such written notice must state the date on which the withdrawal shall be effective. Notice must be given to each Director of the Board and to the Executive Director. The application of the withdrawing Member shall include a plan for the allocation to the withdrawing Member any reimbursement or payment to the Authority of any appropriate costs, expenses, or obligations of the Authority, assumed by or benefitting such withdrawing Member, previously incurred by the Authority. Upon withdrawal, the withdrawing Member shall no longer be a Member, and shall no longer have any obligations under this Agreement; provided that the withdrawing Member shall remain liable for its share of debt service with respect to any outstanding Bonds or amounts payable under a Project Agreement. Any Member that withdraws shall remain subject to the provisions of Section 4(e)(12) with respect to any event or occurrence taking place before s uch Member withdraws. Section 15. Accounts and Reports. All funds of the Authority shall be strictly accounted for in books of account and financial records maintained by the Authority, including a report of all receipts and disbursements. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles and by each Indenture for outstanding Bonds (to the extent that such duties are not assigned to a trustee for owners of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by the Members and their representatives. The Authority shall require that each Indenture shall provide that if a trustee is appointed thereunder, such trustee shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out the requirements of this Section 15. (a) Audits. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority in compliance with the requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section 1 5, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. (b) Audit Reports. The Treasurer of the Authority, as soon as practicable after the close of each fiscal year but in any event within the time necessary to comply with the requirements of the Act, shall file a report of the audit performed pursuant to this Section 15(b) as required by the Act and shall send a copy of such report to public entities and persons in accordance with the requirements of the Act. Section 16. Funds. Subject to the provisions of each Indenture for outstanding Bonds providing for a trustee to receive, have custody of and disburse funds which constitute Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds 21.b Packet Pg. 767 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 11 4845-6031-7422v12/200315-0002 pursuant to accounting procedures approved by the Board and shall make the disburseme nts required by this Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement. Section 17. Technical Advisory Committee. The Authority shall establish a Technical Advisory Committee. The Technical Advisory Committee shall be compri sed of one representative of each Member that is an employee of the Member or a consultant appointed by such Member with expertise in water and/or wastewater capital improvement projects. The Technical Advisory Committee will meet from time to time to review materials relevant to Projects to be financed by the Authority, including draft Project Agreements, and shall periodically report to the Board regarding its review of such materials. Representatives on the Technical Advisory Committee shall serve in such capacity for so long as they are in the active employ of, or contracted by, the appointing Member, unless earlier removed from such position by the governing board of the appointing Member. Representatives on the Technical Advisory Committee shall serve at the pleasure of the governing board of the appointing Member and may be removed at any time, with or without cause, in the sole discretion of the appointing Member's governing board. The Board shall appoint a Chair and Vice Chair of the Technical Advisory Committee. The term of each of the Chair and Vice Chair of the Technical Advisory Committee shall be [one year]. All regular and special meetings of the Technical Advisory Committee shall be called, noticed, held and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the California Government Code), or any successor legislation hereafter enacted. Section 18. Adoption of Certain Codes and Policies. The Authority shall, by resolution, adopt a Conflict of Interest Code, an investment policy and a debt management policy to the extent required by law. Such Conflict of Interest Code, investment policy and debt management policy may initially be the respective code or policies of the San Bernardino Valley Municipal Water District. Section 19. Notices. Notices and other communications hereunder to the parties shall be sufficient if delivered to the clerk or secretary of the governing body of each party. Section 20. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of the Members when each party has executed a counterpart of this Agreement. Section 21. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. Section 22. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other. 21.b Packet Pg. 768 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 12 4845-6031-7422v12/200315-0002 Section 23. Amendment of Agreement. This Agreement may be amended by supplemental agreement executed by all of the Members at that time; provided, however, that this Agreement may be terminated only in accordance with Section 3 hereof and, provided further, that such supplemental agreement shall be subject to any restrictions contained in any Bonds or documents related to any Bonds to which the Authority is a party. Section 24. Waiver of Personal Liability. No Member, member of the Board, officer, counsel, employee or other agent of the Authority or the Members shall be individually or personally liable for any claims, losses, damages, costs, injury and liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and the Authority shall defend such Members, members of the Board, officers, counsel, employees or other agent of the Authority against any such claims, losses, damages, costs, injury and liability. Without limiting the generality of the foregoing, no Member, member of the Board, officer, counsel, employee or other agent of the Authority or of any Member shall be personally liable on any Bonds or be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and this Agreement. To the full extent permitted by law, the Board shall provide for indemnification by the Authority of any person who is or was a member of the Board, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or agency. In the case of a criminal proceeding, the Board may provide for indemnification and defense of a member of the Board, or an officer, employee or other agent of the Authority to the extent permitted by law. Section 25. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 26. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 27. Duties. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person ’s duly authorized deputy or assistant. Where reference is made to actions to be taken by a Member, such action may be exercised through the officers, staff or employees of such Member in the manner provided by law. Section 28. Principal Office. The principal office of the Authority shall be the principal office of the San Bernardino Valley Municipal Water District unless the Board designates a different principal office by motion or resolution. Section 29. Controlling Law. THIS AGREEMENT IS MADE IN THE STATE, UNDER THE CONSTITUTION AND LAWS OF THE STATE AND IS TO BE CONSTRUED AS A CONTRACT MADE AND TO BE PERFORMED IN THE STATE. Section 30. Complete Agreement. Except as provided in Section 11 hereof, this Agreement is the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, which supersedes and merges all prior proposals, understandings, and 21.b Packet Pg. 769 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 13 4845-6031-7422v12/200315-0002 other agreements, whether oral, written, or implied in conduct, between the parties relating to the subject matter of this Agreement. 21.b Packet Pg. 770 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 14 4845-6031-7422v12/200315-0002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers or officials thereunto duly authorized, as of the day and year first above written. SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT By President ATTEST: Secretary YUCAIPA VALLEY WATER DISTRICT By: President ATTEST: Secretary 21.b Packet Pg. 771 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 15 4845-6031-7422v12/200315-0002 SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT By: Authorized Representative ATTEST: Secretary 21.b Packet Pg. 772 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 16 4845-6031-7422v12/200315-0002 CITY OF COLTON By: Authorized Representative ATTEST: Secretary BIG BEAR REGIONAL WASTEWATER AGENCY By: Authorized Representative ATTEST: Secretary 21.b Packet Pg. 773 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - 17 4845-6031-7422v12/200315-0002 CITY OF SAN BERNARDINO By: City Manager ATTEST: City Clerk WESTERN MUNICIPAL WATER DISTRICT By: Authorized Representative ATTEST: Secretary Dated: APPROVED TO FORM: City Attorney 21.b Packet Pg. 774 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - A-1 4845-6031-7422v12/200315-0002 EXHIBIT A AUTHORITY MEMBERS 1.San Bernardino Valley Municipal Water District 2.Yucaipa Valley Water District 3.Big Bear Regional Wastewater Agency 4.City of Colton 5. City of San Bernardino 6.San Bernardino Valley Water Conservation District 7.Western Municipal Water District 21.b Packet Pg. 775 Attachment: Attachment 1- Resolution No. 2021-239 Exhibit A - Watershed Connect Agreement (8538 : Joint Exercise of Powers Agreement - SAN BERNARDINO Received 8 12 21 SBIVIITDCITY OF MUNICIPAL WAT E R D E PART M E N 1 GCNCTAINIANAgCT SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT _ UPPER SANTA ANA WATERSHED INFRASTRUCTURE FINANCING AUTHO RITY TO: FROM: DATE: COPIES: .,4r \)rATE,R BOARD STAFF RE,PORT Water Board Commissioners Mrguel J. Guerrero, P.E., General Manager August 1.2,2021 Robin Ohama, Steve Miller, Kevin Stewart, Cynthia Mouser, Robert Field (City), Edelia Eveland (City) BACKGROUND /DISCUSSI ON: The U.S. Environmental Protection Agency (EPA) recently issued a call to water and v/astewater agencies to submit Letters of Intent for participation in a financing program pursuant to the Water Infrastructure Finance and Innovation Act flXrIFIA). The WIFIA program ptovides low-interest loans to support financing of water infrastructure and related projects such as habitat preservation. Although the WIFIA program issues these loans only to one entity, WIFIA does allow for applications that cover multiple proiects where funding benefits more than entity when ptojects serve a common purpose, share similar construction timelines and result in a substantial regional impact. Loans provided through the WIFIA program are competitive, however, applying as a regional entity with other local water and wastewater agencies expands the proposed pro;ect impact and increases the chance of being selected for funding by the EPA. As such, The San Bernardino Valley Municipal Water District (Valley District) recently established the Upper Santa Ana Watershed Infrastructure Financing Authority (Authoriry), or otherwise referred to as 'Watershed Connect, which is comprised of water and wastewater agencies in the Upper Santa Ana River Watershed to apply for infrastructure projects which support water sustainability in the region. The participating water and sewer service providers in the region are requesting over $800 million in funding to build several coordinated regional projects. As \71FIA grants loans only to one organizatton a Joint Exercise of Powers Agreement (Agreement) was developed to serve as an intermediary entity for EPA financing and other future funding sources in order to provide multi-year infrastructure funding to public agencies in the Upper Watershed. Each public agency participating in the Agreement will construct, own, and operate its own facilities with specific payback terms to be addressed through individual project agreements. 21.c Packet Pg. 776 Attachment: Attach 2 - Water Board Staff Report - Watershed Connect JPA (8538 : Joint Exercise of Powers Agreement - Upper Santa Ana River Miguel J. Guerrero, P.E., Genetal Manager Page 2 August 1.2,2021, SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT - UPPER SANTA ANA UTATERSHED INFRASTRUCTURE FINANCING AUTHORITY There is no risk or financial obligation to participating in the Agreement at this time as program and Agreement administrative costs apply only when an agency begins to build proiects using this financing tool. Administration or other costs associated wrth maintenance of the Agreement will be included in the individual project agreements specific to each agency. The \)7ater Department has identified approximately $14 million in potential projects to be part of a future funding round of the \fIFIA federal low-interest loan program application: o Tertiary Treatment System (TTS) Construction Phase II - Design for the initial phase (Phase I) is complete and construction is anticipated to begin early 2022. Phase I is a revenue bond funded project, however, Clean W'ater State Revolving Funds are being pursued which would allow teallocation of bond funds. Phase II would expand the TTS from 2.5 MGD 5.0 MGD. Estimated construction cost is $10 million. o Hospitality Lane Recycled Water Extension Project - This potential recycled water distribution project would provide non-potable irrigation water to the Hospitality Lane corridor. This would involve the use of an abandoned geothermal line. This project is currendy in the conceptual planning stage. Estimated construction cost is $4 million. The Department has worked wrth Valley District to develop several different components of the Watershed Connect program including strategic communications, endorsement letters and the attached Joint Exercise of Powers Agreement (A.greement) creating the Authority. Development of the Agreement involved thorough legal review and approval by each agency's respective legal counsel. The final version of the Joint Exercise or Powers Agteement is attached for your consideration and approval. It is rmportant to note that joining such authority must ultimately be approved by the Mayor and City Council. The next step, if the Water Board approves, would be to forward to the Mayor and City Council for their consideration. The Agreement provides Authority guidelines, including formation of an Authority "Board of Directors" that shall consist of two governing body members from each member agency. In this respect, the Agreement establishes the W'ater Board as the City's "governing body" acting on its behalf for all matters related to the Authority. The Water Board will need to designate two representatives which shall be a Department employee or Water Board Commissioner to serve as a Director and an alternate on the Board of Directors of the Authority. This action would be brought back to the Water Board after full execution of the Agreement. GOALS AND OBIECTIVES: This proposed agreement aligns with the Department's Strategic Plan under Target #42 Relationships/Partnerships, Goal #12: Collaborate with regional partners and Target #2, Goal #4 Address the Department's aging infrastructure. This supports the specific action to "Explore alternative funding sources for Departmeflt proiects." 21.c Packet Pg. 777 Attachment: Attach 2 - Water Board Staff Report - Watershed Connect JPA (8538 : Joint Exercise of Powers Agreement - Upper Santa Ana River MtguelJ. Guerrero, P.E., General Manager Page 3 August 72,2027 SUBJECT: JOINT EXERCISE OF POVERS AGREEMENT _ UPPER SANTA ANA VATERSHED INFRASTRUCTURE FINANCING AUTHORITY FISCAL IMPACT: There is no fiscal impact in approving the Agreement to join the Authority. RECOMMENDATION: It is recommended that the W'ater Board make the following motions: '\X/aters hed I n fras tructure Financing Authority; and their consideration; and Mayor and City Council. Respectfully submitted, z-zr<-- Miguel J. Guetreto, P.E. General Manager MJG:as Attach 1 -Joint Exercise of Powers Agreement Attach 2 - W'atershed Connect Program 21.c Packet Pg. 778 Attachment: Attach 2 - Water Board Staff Report - Watershed Connect JPA (8538 : Joint Exercise of Powers Agreement - Upper Santa Ana River Page 1 Request for Future Meeting City of San Bernardino Date: September 15, 2021 To: Honorable Mayor and City Council Members From: Sandra Ibarra, Mayor Pro-Tem/Council Member, Ward 2 Subject: Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless (Ibarra) 22 Packet Pg. 779