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HomeMy WebLinkAbout08-17-2022 Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 17, 2022 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 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Robert D. Field COUNCIL MEMBER, 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. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 384­5002 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://tinyurl.com/agendabackup081722 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 2022 ­> Meeting Date Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Mayor Pro­Tem, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor John Valdivia City Manager Robert D. Field City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) (HR): Agency Designated Representative: City Manager or designee Employee Organizations: San Bernardino Police Management Association B) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)) (Risk): a. Faith Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620 b. Melody Duro v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022639 c. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS PRESENTATIONS 1. Citizen of the Month – Amanda Arroyo Maldonado p. 14 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 3 DISCUSSION 2. Annual Update on the Commercial Cannabis Regulatory Program p. 16 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report. CONSENT CALENDAR 3. California Animal Welfare Funders Collaborative Grant p. 20 Recommendation: Adopt Resolution No 2022­177 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting a grant award in the amount of $20,000 from UC Davis for animal shelter programs; and 2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and 3. Authorizing the Director of Finance to amend the FY 2022/23 Budget to appropriate $20,000 of the grant funding for animal shelter programs and services. 4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in June/July 2022 p. 30 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in June and July 2022. 5. Congressional Black Caucus Foundation’s 51st Annual Legislative Conference Travel Authority and Expense Request for Council Member Kimberly Calvin p. 72 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Travel Authority and Expense Request for Council Member Kimberly Calvin to attend the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference from September 28 through October 2, 2022 in Washington, D.C. 6. Approval of Commercial and Payroll Disbursements (All Wards) p. 88 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2022. 7. Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022­1 (Highland/Medical) (Ward 4) p. 166 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022­186 of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 4 Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022­1 (Highland/Medical) of the City of San Bernardino; and 2. Adopt Resolution No. 2022­187 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022­1 (Highland/Medical) of the City of San Bernardino 8. Review of Administrative Budget Transfers p. 199 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget amendments from April 5, 2022 through June 30, 2022. 9. Health Benefits Plan Year 2023 p. 203 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2023 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long­term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. 10. Amendments to Professional Services Agreements p. 232 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute: 1. The Third Amendment to the Professional Services Agreement with Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509 2. The Second Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620 3. The First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2022639 4. The First Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi for representation in the San Bernardino Superior Court Case No. 5:21­cv­00454 11. Approving Job Classifications and Amending the Salary Schedule p. 289 Recommendation: Adopt Resolution No. 2022­179 of the Mayor and City Council of the City of San Bernardino, California, approving the following: 1. Police Call Taker (PT) job classification 2. Permit Services Supervisor job classification 3. Amendment of the City­wide salary schedule for full­time, part­time, temporary, and seasonal positions Mayor and City Council of the City of San Bernardino Page 5 12. Add Additional Microsoft Office Licenses as needed for new employees (All Wards) p. 304 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of additional licenses of Microsoft Office 365 from Insight at $234.06 per user with a contingency of 10%, as needed, for price adjustment not to exceed the IT annual software support budget as new employees are hired for the City of San Bernardino. 13. Authorization to extend Granicus MinuteTraq contract from 7/1/2022 to 12/31/2022 (All Wards) p. 308 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the contract with Granicus from 7/1/2022 to 12/31/2022 for $25,253.17 in order to allow time to transition to the new agenda management software, PrimeGov. 14. Skate Parks, Events, and Collaborations Update p. 321 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file. 15. Ratification of Grant Application for the Corporation for National and Community Service’s Senior Companion Program p. 325 Recommendation: Adopt Resolution No. 2022­180 of the Mayor and City Council of the City of San Bernardino, California, approving the ratification of the submission of a grant application for Year Two of a 3­Year grant with the Corporation for National and Community Service’s Senior Companion Program, Accept the Grant Award in the amount of $332,662, and Appropriate the Grant Funds for the Period of July 1, 2022 through June 30, 2023. 16. Purchase of Laser Scanning Equipment p. 358 Recommendation: Adopt Resolution No. 2022­181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement. 17. Construction Contract Award for Various Improvements (All Wards) p. 424 Recommendation: Adopt Resolution No. 2022­182 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and 2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and Mayor and City Council of the City of San Bernardino Page 6 3.Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for City Wide Bus Stop Improvements; and 4.Authorizing the City Manager or designee to execute all documents for theconstruction of the bus stops, the Blair Park fitness pad and the Mobile VeterinaryVehicle parking pad; and Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects. 18.Professional Services Agreements ­ On­Call Inspection Services p. 465 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino,California, approve the award of a one­year Professional Services Agreements withthe firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, toprovide as­needed, on­call Inspection Services and authorize the City Manager, ordesignee, to sign and execute the agreements. 19.Agreement with San Bernardino Paint and Supply, Inc. for the Purchase of Paint and Related Materials for City­wide Graffiti Abatement (All Wards) p. 602 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and 2.Authorize the Agency Director of Finance, Human Resources, and Information Technology to appropriate funds in the amount of $130,000 to the Public Operations and Maintenance General Fund; and issue a purchase order in the amount of $130,000. 20.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 25, Tax Zone No. 26 (Palm) (Ward 4) p. 640 Recommendation: Adopt Resolution No. 2022­140 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein. 21.Amendment to Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) p. 624 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022­183 of the Mayor and City Council of the City of San Bernardino, California, amending and supplementing the resolution declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Mayor and City Council of the City of San Bernardino Page 7 Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. 22.Five­Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010­2040 Expenditures (Ward: All) p. 705 Recommendation: Adopt Resolution No. 2022­184 of the Mayor and City Council of the City of San Bernardino, California approving the Five­Year Capital Project Needs Analysis (FY 2022/2023 through FY 2026/2027) for Measure "I" 2010­2040 Expenditure. 23.Issuance of a Purchase Order to Willdan Engineering, Inc. for On­Call Plan Check Services (All Wards) p. 720 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On­Call Professional Services Agreement. 24.Award Construction Contract for State Street Extension, Phase I ­ 16th Street to Baseline Street Project (Ward 6) p. 749 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022­185: 1.Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and 2.Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project; and 3.Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and 4.Authorizing the City Manager or designee, to execute all documents for the construction of State Street extension, Phase I ­16th Street to Baseline Street project with Riverside Construction Company, Inc.; and 5.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6.Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act. Mayor and City Council of the City of San Bernardino Page 8 25.Amendment No. 1 to Agreement with DLR Group for Preliminary Design of New Animal Shelter (Ward 3) p. 793 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $3,863.15; and authorizing the Agency Director of Administrative Services to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter. 26.Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022­2 (Palm) (Ward 4) p. 835 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2022­177 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022­2 (Palm) of the City of San Bernardino; 2.Adopt Resolution No. 2022­178 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022­2 (Palm) of the City of San Bernardino 27.Adoption of Ordinance MC­1590, CFD 2019­1 ­ Annexation No. 18 p. 869 Recommendation: Adopt Ordinance No. MC­1590 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services). 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 September 21, 2022, at the Feldheym Central Library 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. Mayor and City Council of the City of San Bernardino Page 9 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 17, 2022 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, August 12, 2022. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 10 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. Mayor and City Council of the City of San Bernardino Page 11 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1)Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2)Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions. 3)REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a)You can use a mobile phone or a landline to dial into a Zoom meeting. i)Dial (669) 900­6833. When prompted, enter the Meeting ID: 677­845­9453 Passcode:2021 The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii)Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. b)Join the Meeting by clicking on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Mayor and City Council of the City of San Bernardino Page 12 Meeting ID: 677 845 9453 Passcode:2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677­845­9453 Passcode:2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. Printed on 08/12/2022 CLOSED SESSION City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Sonia R. Carvalho Department:City Attorney's Office Subject:Closed Session A) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) (HR): Agency Designated Representative: City Manager or designee Employee Organizations: San Bernardino Police Management Association B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)) (Risk): a. Faith Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620 b. Melody Duro v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022639 c. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802   Packet Pg. 13 6 7 3 PRESENTATIONS City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Citizen of the Month – Amanda Maldonado Arroyo   Packet Pg. 14 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING AMANDAAMANDA MALDONADOMALDONADO ARROYOARROYO AUGUSTAUGUST 20222022 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 17th day of August 2022   Packet Pg. 15 6 6 9 DISCUSSION City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, and Economic Development Subject:Annual Update on the Commercial Cannabis Regulatory Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report. Background The San Bernardino Municipal Code Chapter 5.10 establishes the regulations and standards for Commercial Cannabis Business (CCB) activities throughout the City. The City Council initially adopted Chapter 5.10 through Ordinance MC-1464 in March of 2018. In October of 2018, the City Council amended Chapter 5.10 with Ordinance MC-1503. The City Council then adopted Resolution 2018-227 to place Ordinance MC- 1503 on the November of 2018 ballot for voter approval. In November of 2018, the voters approved Ordinance MC-1503. Under Chapter 5.10, to operate a commercial cannabis business in the City, a person must obtain a valid CCB Permit from the City and a valid license for the cannabis operation from the California Department of Cannabis Control (SBMC, § 5.10.060). The City offers six types of permits: cultivation; distribution; manufacturing; microbusiness; retail; and testing (SBMC, § 5.10.060). Chapter 5.10 currently caps the number of Commercial Cannabis Business Permits that the City may issue at 17 retail and is unlimited for all other license types.   Packet Pg. 16 6 6 9 Discussion Current Status of Permits Currently, the City has 12 open and operating commercial cannabis businesses, comprising 8 retail locations, 3 microbusinesses with a retail component, and 1 distribution facility. Additionally, there are 9 businesses in various stages of construction, plan check, and preparing construction documents for plan check submittal. Those that are currently under construction are all anticipated to be issued a Cannabis Business Permit to operate by the end of the year. Since June 2021, the number of open and operating commercial cannabis locations in the City has doubled. Revenues The Commercial Cannabis Regulatory Program applicants are required to pay fees to recover the City’s costs in processing application, permits, inspections and audits. The program also requires quarterly Cannabis Tax payments that are incorporated into the General Fund and get allocated to projects where it is most needed in the community, such as police services, road repairs, parks and libraries. Since June of 2021, the program has brought in over $4.3 million in Cannabis Tax and over $150,000 in Regulatory and Application Fees. Cannabis Crime Stats The Police Department, through the utilization of the Crime View Dashboard database, keeps track of crime statistics throughout all 219 reporting districts within the City limits. Staff maintains contact with the Police Department as it relates to confirming   Packet Pg. 17 6 6 9 crime at the City’s current active and operating CCB’s as part of meeting the Commercial Cannabis Regulatory program requirements. The Police Department recently ran a one-year incident analysis report from June 2021 to July 2022, and the calls consisted mainly of false alarms, collision reports, vandalism and other unrelated calls, not associated with the cannabis operations themselves. In the last year, there have been no significant calls for service at any of the licensed operating locations. Commercial Cannabis Litigation Update Upon recommendation from Council to engage in settlement discussions, numerous lawsuits have been resolved without the need to proceed to trial. Settlements resulted in staff issuing additional licenses and increased revenue to the City. There is currently only one lawsuit pending against the City in relation to applicants who were not awarded an opportunity to proceed in the commercial cannabis permitting process. Opening the Application Process At the meeting of October 7, 2020, Mayor and City Council adopted Ordinance MC- 1541 which established a maximum number of 17 retail cannabis business permits authorized within the City, while also allowing for an unlimited number of other non- retail license types. Staff has streamlined the application and associated documents that would be required to initiate the process. The next step in preparing to reopen the application process is to update and streamline the land use tables contained in the Development Code to reflect cannabis land uses more accurately. Staff intends to take a Development Code Amendment to the Planning Commission on August 9, 2022, to present the updated land use tables. Assuming the Planning Commission concurs with the updated land use tables, staff will prepare a report to be heard before Council at the meeting of October 19th. These land use table updates will assist in being able to find the most suitable locations for the different types of cannabis license types. The Commercial Cannabis Regulatory Program applicants are required to pay fees to recover the City’s costs in processing application, permits, inspections and audits. The program also requires quarterly Cannabis Tax payments that are incorporated into the General Fund and are allocated to projects where they are most needed in the community, such as police services, road repairs, parks, and libraries. These land use table updates will assist in being able to find the most suitable locations for the different types of cannabis license types. 2021-2025 Key Strategic Targets and Goals The Annual Update on the Commercial Cannabis Regulatory Program is consistent with Key Target No. 1: Financial Stability. Specifically, the multiple streams of revenue   Packet Pg. 18 6 6 9 through Regulatory Fees, Cannabis Tax and Cannabis Sales Tax. The Cannabis Tax Revenue stream goes to improvements throughout the City as allocated through the budget process. Fiscal Impact Commercial Cannabis Regulatory Program applicants are required to pay application fees to recover the City’s costs in processing the permits, along with Cannabis Tax and Cannabis Sales Tax. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report. Attachments None Ward: All Wards Synopsis of Previous Council Actions: March 17, 2018, Mayor and City Council adopted Ordinance MC-1464 establishing regulations and standards for Commercial Cannabis. August 1, 2018 - Mayor and City Council adopted Resolution No. 2018-277 placing Ordinance No. MC-1499 establishing Cannabis Tax on the November ballot, which was approved by the voters   Packet Pg. 19 6 6 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Kristine Watson, Animal Services Director Department:Animal Services Subject:California Animal Welfare Funders Collaborative Grant Recommendation Adopt Resolution No 2022-176 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting grant awards in the amount of $200,000 from UC Davis for animal shelter programs; 2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and 3. Authorizing the Director of Finance to amend the FY 2022/23 Budget to appropriate $200,000 of the grant funding for animal shelter programs and services. Background In 2019, the California Animal Welfare Funders Collaborative was established to centralize and distribute grant funding to animal welfare organizations throughout the State, including municipal agencies. The fund is distributed through the UC Davis Koret School of Shelter Veterinary Medicine. Grant applications for fiscal year 2022-2023 were accepted from March 28, 2022, through April 11, 2022. The projects needed to be a new or expanded program with a focus on improving animal welfare, preserving human-animal connections, launching life-saving or field service programs.   Packet Pg. 20 6 6 7 In 2021, Governor Newsom approved $50 Million dollars in grant funding for the UC Davis School of Shelter Veterinary Medicine to distribute to animal shelters and animal control organizations in the State of California under the California for All Animals initiative. The goal of the grant funding is to reduce euthanasia of healthy and treatable animals impounded at shelters in the State. The Grant applications for fiscal year 2022- 2023 were accepted from May 1, 2022, through June 30, 2022. The projects for this grant needed to be focused on positive outcomes, animal control, care of animals in the shelter or intake management. Discussion The project proposal the Department submitted for the California Animal Welfare Funders Collaborative grant is focused on preserving human-animal connections and increasing field service programs through new initiatives. The primary objectives of the project are to improve the number of pets returned to owners and increase communication to the community about the various programs and services offered by the Department to help residents keep their pets. In 2021, the Department impounded 2,206 stray dogs; however, only 463, or 21%, were retrieved by owners from the shelter. The Department plans to increase the number of pets returned to their owner through expanded bilingual notifications in the community about lost pets at the shelter. This includes both print and digital marketing, e.g., billboard advertisements, bilingual yard signs. Additionally, the Department will be able to offer supplies to residents to assist them in repairing fences, which will enable their pets to remain secured on their properties. Also, the city’s Animal Control Officers will offer free microchipping in the field to increase the number of pets in the community with owner identification. These programs, along with increased public education at community events and meetings, will help keep pets in their homes and out of the shelter. The total grant award for this project is $20,000. The Department’s California for All Animals grant proposal included funding for dedicated Volunteer and Foster Coordinator positions. The staff assigned to these programs currently work the front adoption counters and answer incoming phone calls. This limits their ability to grow and manage these two crucial programs, which could support shelter staff and reduce the number of healthy, treatable animals euthanized. By increasing the number of volunteers, the Department will be able to offer expanded enrichment to animals at the shelter and increase our involvement in the community at off-site events in the city. By expanding the foster program, the Department will be able to reduce the number of animals in our care at the shelter as well as engage the community in supporting the animals from the city. Through these dedicated positions, we hope to increase the number of active volunteers in the department to at least 100 people that donate 10 or more hours per month and to triple the number of pets in foster care from 117 to 350. The total grant award for this project is $180,000. The Department was notified of this grant award via email on August 3, 2022; the grant agreement is anticipated to be sent by UC Davis within the next week.   Packet Pg. 21 6 6 7 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity for increased community involvement and education regarding lost pets as well as expansion of volunteer programs Key Target No.3: Improved Quality of Life through helping the community recover and keep their lost pets. Fiscal Impact There is no fiscal impact to the general fund for this project. The budget for fiscal year 2022/23 will need to be amended to include the $200,000 in grant funding. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-176: 1. Accepting a grant award in the amount of $200,000 from UC Davis for animal shelter programs; 2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant award; and 3. Authorizing the Director of Finance to amend the FY 2022/23 Budget to appropriate $200,000 of the grant funding for animal shelter programs and services. Attachments Attachment 1 Resolution No. 2022-176 Attachment 2 UC Davis Grant Agreement Ward: All Wards Synopsis of Previous Council Actions: May 4, 2022 Mayor and City Council adopted Resolution No. 2018-75, accepting a $5,000 California for All Animals welcome grant award from UC Davis.   Packet Pg. 22 Resolution No. 2022-176 Resolution 2022-176 Page 1 of 3 7 2 4 RESOLUTION NO. 2022-176 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF ANIMAL SERVICES TO ACCEPT GRANT AWARDS IN THE AMOUNT OF $200,000 FROM UC DAVIS FOR ANIMAL SHELTER PROGRAMS; DELEGATING AUTHORITY TO THE CITY MANAGER TO CONDUCT ALL NEGOTIATIONS SIGNINGS AND SUBMITTALS OF ALL NECESSARY DOCUMENTS TO RECEIVE THE GRANT AWARD; AND AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FISCAL YEAR 2022/23 BUDGET TO APPROPRIATE $200,000 OF THE GRANT FUNDING FOR ANIMAL SHELTER PROGRAMS AND SERVICES WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by UC Davis through the California Animal Welfare Funders Collaborative as well as the California for All Animals program; and WHEREAS, the City is working to increase the return of lost pets to their owners; and WHEREAS, the City is working to expand the Volunteer and Foster programs at the shelter; and WHEREAS, the grant funding would support the City in its efforts. 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 approves the acceptance of grant funds from UC Davis. SECTION 3. The Mayor and City Council hereby delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. SECTION 4. The Mayor and City Council hereby authorizes the Director of Finance to amend the FY 2022/23 Budget to appropriate $200,000 of the grant funding for animal shelter programs and services.   Packet Pg. 23 Resolution No. 2022-176 Resolution 2022-176 Page 2 of 3 7 2 4 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 __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 24 Resolution No. 2022-176 Resolution 2022-176 Page 3 of 3 7 2 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. 2022-176, adopted at a regular meeting held on the ___ day of _______ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 25 UCD #_______ 1 of 4 UC Davis Agreement #_______ SHELTER SERVICES AGREEMENT (City of San Bernardino Department of Animal Services ) THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL SERVICES (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”). The parties agree as follows: 1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence. 2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $20,000 to be disbursed upon final signature below. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e- mail address nmbei@ucdavis.edu. 3. Term. Services shall be rendered from July 1, 2022 through June 30, 2023. 4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter. 5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment. 6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages   Packet Pg. 26 UCD #______ Page 2 of 4 are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees. 7.Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement. 8.Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control. 9.Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement. 10.Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University. 11.Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address: UNIVERSITY (regarding contracts) Valerie A. Roque Business & Revenue Contracts University of California, Davis One Shields Ave. Davis, CA 95616 E-mail: vroque@ucdavis.edu SHELTER (regarding contracts) Kristine Watson Director City of San Bernardino Department of Animal Services 333 Chandler Place San Bernardino, CA 92401 E-mail: watson_kr@sbcity.org UNIVERSITY (regarding project) Karol Tapias School of Veterinary Medicine University of California, Davis One Shields Ave. Davis, CA 95616 E-mail: ketapias@ucdavis.edu 12.University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement. 13.Governing Law. This Agreement shall be construed pursuant to California law.   Packet Pg. 27 UCD #______ Page 3 of 4 14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program. 15. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. 16. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter. AGREED: CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL SERVICES THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: By: (authorized signature) Print name: UC Davis Title: Date: Date:   Packet Pg. 28 UCD #_______ 4 of 4 Exhibit A Scope of Work 1. Purpose of the work: City of San Bernardino Department of Animal Services will increase the number of pets returned to owners by providing microchips and supplies to help unify pets with their owners. This program will also offer supplies, such as fencing repair, to help keep pets with their owners. This program will impact at least 625 dogs. 2. Roles and responsibilities of each party: City of San Bernardino Department of Animal Services will help pet owners evaluate and repair their fences, will purchase microchips and scanners for use in the field, and will advertise lost pets in the field using bilingual flyers and yard signs. City of San Bernardino Department of Animal Services will also boost awareness of shelter services by utilizing both digital and print billboards and by increasing the number of community meetings and press releases held throughout the year. No University equipment will be used. 3. Dates and times will the work be completed: Work will be completed during the contract period of July 1, 2022 through June 30, 2023. 4. Location where work will be performed: 333 Chandler Place, San Bernardino, CA 92401 5. Required deliverables: Reports will be requested twice throughout the grant period, one halfway through and one upon completion. Those grant report request will come from the CA Animal Welfare Funders Collaborative directly, not from UC Davis. 6. Project milestones: Program pilot to be completed by June 30, 2023. 7. Total cost of the services: Total of services not to exceed $20,000. 8. Payment schedule: Payment will be upon execution of the agreement. 9. Anticipated additional work: Additional work is not anticipated at this time.   Packet Pg. 29 6 7 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Cheryl Weeks, Council Administrative Supervisor Department:Council Office Subject:City Board, Commission, and Citizen Advisory Committee Minutes Approved in June/July 2022 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in June and July 2022. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in June and July 2022 are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - May 11, 2022 2. Arts and Historical Preservation Commission - June 20, 2022 3. Downtown Advisory Committee - June 28, 2022 4. General Plan Advisory Committee - June 30, 2022 5. Library Board - June 14, 2022   Packet Pg. 30 6 7 2 6. Parks, Recreation and Community Services Commission - March 17, 2022 7. Planning Commission - June 4, 2022 (Special Meeting); June 14, 2022 8. Water Board - June 14, 2022; July 12, 2022 2021-2025 Key Strategic Targets and Goals Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target No. 2a: Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in June and July 2022. Attachments Attachment 1 Minutes from the City board, commission, and citizen advisory committee meetings approved in June and July 2022 Ward: All Wards Synopsis of Previous Council Actions: February 7, 2018 Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.   Packet Pg. 31   Packet Pg. 32   Packet Pg. 33   Packet Pg. 34   Packet Pg. 35   Packet Pg. 36   Packet Pg. 37   Packet Pg. 38   Packet Pg. 39   Packet Pg. 40   Packet Pg. 41   Packet Pg. 42   Packet Pg. 43   Packet Pg. 44   Packet Pg. 45   Packet Pg. 46   Packet Pg. 47   Packet Pg. 48   Packet Pg. 49   Packet Pg. 50   Packet Pg. 51   Packet Pg. 52   Packet Pg. 53   Packet Pg. 54   Packet Pg. 55   Packet Pg. 56   Packet Pg. 57   Packet Pg. 58   Packet Pg. 59   Packet Pg. 60   Packet Pg. 61   Packet Pg. 62   Packet Pg. 63   Packet Pg. 64   Packet Pg. 65   Packet Pg. 66   Packet Pg. 67   Packet Pg. 68   Packet Pg. 69   Packet Pg. 70   Packet Pg. 71 Page 1 6 7 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Cheryl Weeks, Council Administrative Supervisor Department:Council Office Subject:Congressional Black Caucus Foundation’s 51st Annual Legislative Conference Travel Authority and Expense Request for Council Member Kimberly Calvin Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority and Expense Request for Council Member Kimberly Calvin to attend the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference from September 28 through October 2, 2022, in Washington, D.C. Background The Congressional Black Caucus Foundation’s 51st Annual Legislative Conference will be held from September 28 through October 2, 2022. There will be five days of premium programming and signature events including the Day of Healing (formerly the Prayer Breakfast), National Town Hall, Phoenix Awards, and Black Party. There will be influential leaders and powerful voices advocating for the Black agenda as the most crucial political policy issues of the present day will be discussed. This conference was not available to be included on the July 20, 2022, pre-approved list. Discussion Registration for the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference will be paid from Council Member Kimberly Calvin’s FY 22/23 appropriated budgeted funds. Council Member Kimberly Calvin is seeking approval for additional trip related expenses such as lodging, transportation, meals, and incidentals. 2021-2025 Key Strategic Targets and Goals Approval of Travel Authority and Expenses by Council Member Kimberly Calvin to   Packet Pg. 72 Page 2 6 7 7 the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference from September 28 through October 2, 2022, in Washington, D.C. aligns with the Key Target No. 4: Economic Growth and Development. Fiscal Impact The FY 2022/23 adopted budget included a sufficient amount of funding to provide for conference related expenses. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Travel Authority and Expense Request for Council Member Kimberly Calvin to attend the Congressional Black Caucus Foundation’s 51st Annual Legislative Conference from September 28 through October 2, 2022, in Washington, D.C. Attachments Attachment 1 Travel Authority and Expense Request Ward All Wards Synopsis of Previous Council Actions July 20, 2022 Mayor and City Council ratified Council travel and pre-approved specific travel for the Mayor and Council Members for FY 22/23.   Packet Pg. 73   Packet Pg. 74   Packet Pg. 75   Packet Pg. 76   Packet Pg. 77   Packet Pg. 78   Packet Pg. 79   Packet Pg. 80   Packet Pg. 81   Packet Pg. 82   Packet Pg. 83   Packet Pg. 84   Packet Pg. 85   Packet Pg. 86   Packet Pg. 87 6 5 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for July 2022. 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: https://sbcity.org/city_hall/finance/warrant_register Discussion Gross Payroll Bi-Weekly for July 21, 2022 $2,561,883.46 Total Payroll Demands: $2,561,883.46 The following check regi sters are bei ng presented for approval: July 14, 2022 2022/23 (Regi ster #2)$6,868,476.57 July 21, 2022 2022/23 (Regi ster #3)$1,780,333.06 July 28, 2022 2022/23 (Regi ster #4)$1,908,850.88 Total commercial check demands:$10,557,660.51   Packet Pg. 88 6 5 5 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity 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 July 2022. Attachments Attachment 1 Payroll Summary Report for July 2022 Attachment 2 Commercial checks & Payroll Register #2 Attachment 3 Commercial checks & Payroll Register #3 Attachment 4 Commercial checks & Payroll Register #4 Attachment 5 Commercial EFT Registers #1320-1325 Ward All Wards The following Electronic Funds Transfer (EFT) registers presented for approval: June 24 to June 30, 2022 2021/22 (Regi ster #1320-#1325) $ 865,121.92 Total commercial EFT demands: $ 865,121.92   Packet Pg. 89   Packet Pg. 90   Packet Pg. 91   Packet Pg. 92   Packet Pg. 93   Packet Pg. 94   Packet Pg. 95   Packet Pg. 96   Packet Pg. 97   Packet Pg. 98   Packet Pg. 99   Packet Pg. 100   Packet Pg. 101   Packet Pg. 102   Packet Pg. 103   Packet Pg. 104   Packet Pg. 105   Packet Pg. 106   Packet Pg. 107   Packet Pg. 108   Packet Pg. 109   Packet Pg. 110   Packet Pg. 111   Packet Pg. 112   Packet Pg. 113   Packet Pg. 114   Packet Pg. 115   Packet Pg. 116   Packet Pg. 117   Packet Pg. 118   Packet Pg. 119   Packet Pg. 120   Packet Pg. 121   Packet Pg. 122   Packet Pg. 123   Packet Pg. 124   Packet Pg. 125   Packet Pg. 126   Packet Pg. 127   Packet Pg. 128   Packet Pg. 129   Packet Pg. 130   Packet Pg. 131   Packet Pg. 132   Packet Pg. 133   Packet Pg. 134   Packet Pg. 135   Packet Pg. 136   Packet Pg. 137   Packet Pg. 138   Packet Pg. 139   Packet Pg. 140   Packet Pg. 141   Packet Pg. 142   Packet Pg. 143   Packet Pg. 144   Packet Pg. 145   Packet Pg. 146   Packet Pg. 147   Packet Pg. 148   Packet Pg. 149   Packet Pg. 150   Packet Pg. 151   Packet Pg. 152   Packet Pg. 153   Packet Pg. 154   Packet Pg. 155   Packet Pg. 156   Packet Pg. 157   Packet Pg. 158   Packet Pg. 159   Packet Pg. 160   Packet Pg. 161   Packet Pg. 162   Packet Pg. 163   Packet Pg. 164   Packet Pg. 165 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-1 (Highland/Medical) (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-186 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino; and 2. Adopt Resolution No. 2022-187 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Background On July 20, 2022, the City Council adopted Resolution No. 2022-141 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-1 for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property. The City Council also adopted Resolution No. 2022-142 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community   Packet Pg. 166 Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino” (the “Resolution Declaring Necessity”). The Resolution of Intention and Resolution Declaring Necessity set the date of the public hearing on the formation and proposed indebtedness of the proposed Community Facilities District No. 2022-1 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. The City Council has cancelled the September 7, 2022 meeting and the City Council desires to amend the date of the public hearing to October 5, 2022. Discussion Approval of the resolutions described above will amend the date of the public hearing to October 5, 2022. Besides the amended provisions, the remaining provisions of the Resolution of Intention and Resolution Declaring Necessity remain fully effective. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-186 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino; and 2. Adopt Resolution No. 2022-187 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Attachments Attachment 1 - Resolution Amending and Supplementing the Resolution Declaring Intention to Establish Attachment 2 - Resolution Amending and Supplementing the Resolution Declaring   Packet Pg. 167 Necessity to Incur a Bonded Indebtedness Attachment 3 - Project Map Attachment 4 – Resolution No. 2022-141 Attachment 5 – Resolution No. 2022-142 Ward: Fourth Ward Synopsis of Previous Council Actions: July 20, 2022 The City Council adopted Resolution No. 2022-141 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino” July 20, 2022 The City Council adopted Resolution No. 2022-142 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino”   Packet Pg. 168 Resolution No. 2022-186 Resolution No. 2022-186 August 17, 2022 Page 1 of 3 RESOLUTION NO. 2022-186 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING AND SUPPLEMENTING THE RESOLUTION DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” adopted Resolution No. 2022-141 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California (the “CFD No. 2022-1”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Resolution of Intention set the date of the public hearing on the formation of proposed CFD No. 2022-1 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Public Hearing. Section 10 of Resolution No. 2022-141 shall be deleted in its entirety and replaced by the following: SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-1 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.   Packet Pg. 169 Resolution No. 2022-186 Resolution No. 2022-186 August 17, 2022 Page 2 of 3 SECTION 3. Amendment. This Resolution amends and supplements the Resolution of Intention and said resolution, as amended hereby, remains fully effective as therein specified SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 170 Resolution No. 2022-186 Resolution No. 2022-186 August 17, 2022 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. 2022-186, adopted at a regular meeting held on the 17th day of August, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 171 Resolution No. 2022-187 Resolution No. 2022-187 August 17, 2022 Page 1 of 3 7 1 6 RESOLUTION NO. 2022-187 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING AND SUPPLEMENTING THE RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Section 53321 of the California Government Code, adopted Resolution No. 2022-142 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino” (the “Resolution Declaring Necessity”), declaring its intention to establish proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-1”), for the purpose of providing and financing certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-1; and WHEREAS, the Resolution Declaring Necessity set the date of the public hearing on the proposed indebtedness for CFD No. 2022-1 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Public Hearing. Section 5 of Resolution No. 2022-142 shall be deleted in its entirety and replaced by the following: SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-1 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be   Packet Pg. 172 Resolution No. 2022-187 Resolution No. 2022-187 August 17, 2022 Page 2 of 3 7 1 6 conducted concurrently with the hearing on the formation of CFD No. 2022-1. SECTION 3. Amendment. This Resolution amends and supplements the Resolution Declaring Necessity and said resolution, as amended hereby, remains fully effective as therein specified SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 173 Resolution No. 2022-187 Resolution No. 2022-187 August 17, 2022 Page 3 of 3 7 1 6 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. 2022-187, adopted at a regular meeting held on the 17th day of August, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 174 20TH ST MEDICAL CENTER DRHIGHLAND AVE ·|}þ210 ^_·|}þ259 ·|}þ18 ·|}þ210 §¨¦215£¤66 £¤66 MILL ST 16TH ST SPRUCE ST SIERRA WAYWATERMAN AVENINTH ST CAMPUS WAY 2ND ST MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE17TH ST BASE LINE ST SECOND ST PEPPER AVCOMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) PROJECT MAP   Packet Pg. 175 Resolution No. 2022-141 RESOLUTION NO. 2022-141 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has received a written petition from the owner of certain real property (the “Owner”) within the City of San Bernardino (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owner is the owner of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the “Policies”) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is “Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California” herein referred to as CFD No. 2022-1. SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2022-1 are described and shown on the map entitled “Proposed Boundary Map Community   Packet Pg. 176 Resolution No. 2022-141 -2- 2 0 3 Facilities District No. 2022-1 (Highland/Medical) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. SECTION 4. Types of Facilities; Incidental Expenses. The types of public facilities to be financed by the proposed CFD No. 2022-1, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-1, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-1, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-1, shall be annually levied within CFD No. 2022-1. Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-1 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-1 reference is made to the attached and incorporated Exhibit A (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2022-1 to clearly estimate the maximum amount that such person will have to pay. The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method.   Packet Pg. 177 Resolution No. 2022-141 -3- 2 0 3 Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-1, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2022-1. SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2022-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2022-1 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022- 1 shall be held at 7:00 p.m. on September 7, 2022 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-1 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.   Packet Pg. 178 Resolution No. 2022-141 -4- 2 0 3 SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2022-1, if it is established, shall study proposed CFD No. 2022-1, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2022- 1 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting. SECTION 15. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 16. 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 17. 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 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 179 Resolution No. 2022-141 -5- 2 0 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. 2022-141, adopted at a regular meeting held on the 20th day of July, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 180 A-1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino ("CFD No. 2022-1"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit. "Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-1, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-1 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-1; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special   Packet Pg. 181 A-2 Taxes; the costs of the City, CFD No. 2022-1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. "Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. "Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.   Packet Pg. 182 A-3 "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD” or “CFD No. 2022-1" means Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. “City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-1, or its designee. “Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-1 in any Fiscal Year on any Assessor’s Parcel.   Packet Pg. 183 A-4 “Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1. “Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve   Packet Pg. 184 A-5 funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final   Packet Pg. 185 A-6 Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2022-2023 Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 1,800 sq. ft $2,790 2. Single Family Residential Property RU 1,800 sq. ft to 2,000 sq. ft $3,080 3. Single Family Residential Property RU Greater than 2,000 sq. ft $3,209 4. Multifamily Property Acre N/A $49,620 5. Non-Residential Property Acre N/A $49,620   Packet Pg. 186 A-7 b. Multiple Land Use Categories In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $49,620 per Acre. Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $49,620 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property. 2. Approved Property The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.   Packet Pg. 187 A-8 The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $49,620 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $49,620 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%)   Packet Pg. 188 A-9 above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 6.46 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: “CFD Public Facilities” means $4,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-1. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction   Packet Pg. 189 A-10 Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.   Packet Pg. 190 A-11 2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel. 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”). 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording   Packet Pg. 191 A-12 notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”). 13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council.   Packet Pg. 192 A-13 2. Prepayment in Part The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((PE –A) x F) +A These terms have the following meaning: PP = Partial Prepayment Amount PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-1 have been satisfied.   Packet Pg. 193 A-14 I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. J. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.   Packet Pg. 194 Resolution No. 2022-142 RESOLUTION NO. 2022-142 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has adopted a resolution (the “Resolution of Intention”) declaring its intention to establish proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-1”), for the purpose of providing and financing certain public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”) which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-1; and WHEREAS, the City Council has determined that it is necessary for proposed CFD No. 2022-1 to incur a bonded indebtedness for the purpose of providing and financing such Facilities; and WHEREAS, it is the intention of this City Council to finance the acquisition or construction of all or a portion of such Facilities through the levy of special taxes on taxable property within CFD No. 2022-1 and the issuance of bonds of CFD No. 2022-1, such bonds to be secured by such special taxes to be levied on taxable property within CFD No. 2022-1, all as authorized pursuant to the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Declaration of Convenience and Necessity. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by CFD No. 2022-1 to contribute to the financing of all or a portion of the Facilities. SECTION 3. Purpose for Proposed Indebtedness. The purpose for the proposed debt of CFD No. 2022-1 is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2022-1 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. The amount of the indebtedness proposed to be authorized for CFD No. 2022-1 is $5,000,000.   Packet Pg. 195 Resolution No. 2022-142 -2- 2 0 4 SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-1 shall be held at 7:00 p.m. on September 7, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-1. SECTION 6. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Act and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-1. SECTION 7. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney   Packet Pg. 196 Resolution No. 2022-142 -3- 2 0 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. 2022-142, adopted at a regular meeting held on the 20th day of July, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 197 Resolution No. 2022-142 A-1 EXHIBIT A FACILITIES The types of public facilities to be financed by the proposed CFD No. 2022-1, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-1, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-1, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities.   Packet Pg. 198 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Review of Administrative Budget Transfers Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget amendments from April 5, 2022 through June 30, 2022. Background On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which amended section 3.05, in its entirety, in the Municipal Code that pertained to budget transfers. Specifically, the amendment to the ordinance established the nullification of the not to exceed amount of $25,000 per transfer; gave authority to the Director of Finance to approve budget transfers within a department’s personnel budget into their operating budget or from one department into another department; and states that the transfers will not increase or decrease a department’s approved budget, nor will it increase or decrease the approved fund budget. Furthermore, any cumulative amount of more than $5,000 transferred between departments in a 12-month period shall be reported to the Mayor and City Council during the regular Quarterly Report. Discussion Budget transfers are the requests that come from departments into Finance to move funds from one account to another after the original budget has been established. Transfers occur due to a need to correct the department’s originally submitted budget or the moving of funds to accommodate a change in a department’s planned expenditures. When processing these budget transfers, Finance verifies that the budget being moved properly allocates resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community.   Packet Pg. 199 The table below provides the list of the administrative transfers that have been processed. Date of Transfer Departments Impacted Credits (Decreased)Debit (Increase) 4/11/2022 Public Works to General Government $ (25,000)$ 25,000 4/13/2022 Public Works to Human Resources $ (22,000)$ 22,000 4/13/2022 Community and Economic Development to Human Resources $ (19,500)$ 19,500 4/25/2022 Community and Economic Development to Human Resources $ (19,500)$ 19,5000 5/13/2022 Animal Services to Public Works $ (5,397)$ 5,397 The transfer from Public Works to General Government was due to water expenses being higher than anticipated. Natural attrition in Public Works allowed for salary savings to cover the deficit in General Government. Transfers from Public Works and Community and Economic Development into Human Resources allowed the city to enter into a Professional Service Agreement with Bob Hall & Associates to recruit for the Director of Public Works (U), Deputy Director/City Planner (U), and the Deputy Director of Housing and Homelessness (U). The transfer from Animal Services to Public Works was to fund an emergency repair and installation of a glass door for the Cat Room in the shelter. 2021-2025 Strategic Targets and Goals Authorization of this file and receive item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Changes to the Municipal Code and having Finance report administrative transfers done within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions. Focused, Aligned Leadership and Unified Community is met by developing and implementing a community engagement plan – administrative transfers can be made where the community and staff actively sees the need to be met. Improved Quality of Life is met by ensuring that service levels are funded proactively to integrate customer-service orientation and metrics into all City operations.   Packet Pg. 200 Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget amendments from April 2022 through June 2022. Attachments Attachment 1 Exhibit A – Administrative Budget Transfers with Explanation Ward All Wards Synopsis of Previous Council Actions December 1, 2021 – The Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the Municipal Code pertaining to budget transfers. May 4, 2022 - The Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code.   Packet Pg. 201 Date of TransferDepartments ImpactedCredit (Decrease)Debit (Increase) Journal Description 4/11/2022Public Works to General Government(25,000)$ 25,000$ Transfer needed to pay for water bills. Water expenses came in higher than anticipated - vacancies due to attrition in PW allowed for salary savings to be used to cover this.4/13/2022Public Works to Human Resources(22,000)$ 22,000$ Transfer of Public Works salary savings from the vacant Director position into Human Resources so they can enter into a PSA with Bob Hall & Associates to conduct an executive recruitment of the Director of Public Works (U) position.4/13/2022Community and Economic Development to Human Resources(19,500)$ 19,500$ Transfer of CED salary savings from the vacant Director position into Human Resources so they can enter into a PSA with Bob Hall & Associates to conduct an executive recruitment of the Deputy Director/City Planner (U) position.4/25/2022Community and Economic Development to Human Resources(19,500)$ 19,500$ Transfer of CED salary savings from the vacant Director position into Human Resources so they can enter into a PSA with Bob Hall & Associates to conduct an executive recruitment of the Deputy Director of Housing and Homelessness (U) position.5/13/2022Animal Services to Public Works(5,397)$ 5,397$ Animal Services transferred money from the San Manuel grant to Public Works to be able to fund a repair and installation of a glass for the Cat Room in the shelter.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;202 6 4 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Health Benefits Plan Year 2023 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2023 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. Background Each year City staff and representatives from the employee bargaining units review the health plan options and premiums for medical, dental, vision, life, short and long- term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. Providing affordable health insurance and voluntary plans options for employees is a key part of recruitment and retention, and to achieving the City’s goal of becoming an employer of choice in the region. On July 21, 2022, Human Resources staff and the City's Health Benefits Broker Alliant, met with the Health Benefits Committee, which includes representatives from employee bargaining groups. The Health Benefits Committee reviewed plan options and premiums to provide the best selections available to employees, at the best price. The benefit renewal options include medical, ancillary, and voluntary plans. Discussion Medical and ancillary providers/plan options will remain unchanged for health plan year 2023. Insurance premiums will increase by 9.2% for medical plan options offered through Kaiser and Anthem. Factors that have contributed to increased rates include a utilization rebound from COVID-19 induced delayed care, higher-than-average catastrophic claims, increases in fees paid to providers, and the rising costs of   Packet Pg. 203 6 4 8 prescription drugs and specialty medications. While none of these drivers are surprising, Human Resources staff will be working with the City’s representatives to find ways to focus on prevention and disease management to slow the increase in cost over time and enable the City to continue to provide the highest level of benefit to employees. Delta Dental will continue to provide dental insurance with rates remaining unchanged. EyeMed will also continue to provide vision insurance with rates remaining unchanged through January 1, 2026. Voluntary accident and critical illness plans through Colonial Life are renewing at the current premium rates as well. The City currently provides life insurance, short-term disability, and long-term disability plans through Mutual of Omaha; however, staff is recommending changing providers for these plans to Lincoln Financial. Lincoln will match the current benefits while reducing premiums by 9.4%. In addition, Lincoln Financial will facilitate Paid Family Leave (PFL), an additional benefit for employees. PFL provides disability compensation for individuals needing to take time off work to care for seriously ill family members or to bond with a new minor child. PFL benefits include up to eight weeks of partial pay of an employee’s weekly wage for a maximum benefit of $1,540 per week. Staff also recommends changing the City’s current pet insurance carrier, United Pet Care, to Pet Benefit Solution. The new carrier offers both traditional pet insurance through Wishbone, and a discount program through Total Pet, providing more options for employees. Medical plan design options and employee out-of-pocket costs continue to meet the employer mandated Affordable Care Act (ACA) requirements. City contributions for employee groups are established by the provisions in their respective Memorandum of Understanding. 2021-2025 Key Strategic Targets and Goals Approving the City's health benefits plan options for plan year 2023 aligns with Key Target No. 2b: Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact Sufficient funding is included in the FY 2022/23 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City's health benefit plans for plan year 2023 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long-term disability and other ancillary and voluntary plans that the City offers as part of its benefits package to employees. Attachments Attachment 1 Renewal Summary   Packet Pg. 204 6 4 8 Ward: All Wards Synopsis of Previous Council Actions: July 21, 2021 Mayor and City Council adopted Resolution No. 2021-177, approving the City’s health benefit plans for plan year 2022. August 5, 2020 Mayor and City Council adopted Resolution No. 2020-179, approving the City’s health benefit plans for plan year 2021.   Packet Pg. 205 2023 Renewal Rates & Benefits Topic   Packet Pg. 206 Medical Plans   Packet Pg. 207 Medical Financial Summary Line of Coverage Current Renewal $ D % D Kaiser (PRISM): HMO 333 $3,663,444 $4,001,508 $338,064 9.2% Anthem (PRISM): HMO Traditional 139 $1,711,176 $1,868,904 $157,728 9.2% Anthem (PRISM): HMO Select 58 $645,948 $705,336 $59,388 9.2% Anthem (PRISM): PPO 12 $186,540 $203,748 $17,208 9.2% Kaiser (PRISM): HMO - Early Retiree 8 $101,616 $110,976 $9,360 9.2% Anthem (PRISM): HMO Traditional - Early Retiree 2 $26,880 $29,352 $2,472 9.2% Anthem (PRISM): HMO Select - Early Retiree 3 $35,208 $38,448 $3,240 9.2% Anthem (PRISM): PPO - Early Retiree 0 $0 $0 $0 0.0% TOTAL ANNUAL PREMIUM $6,370,812 $6,958,272 ANNUAL DOLLAR CHANGE $587,460 ANNUAL PERCENTAGE CHANGE 9.2%   Packet Pg. 208 Medical Renewal: Kaiser HMO Calendar Year Deductible Individual / Family None None Embedded / Aggregate N/A N/A Annual Out-of-Pocket Maximum Individual / Family $1,500 / $3,000 $1,500 / $3,000 Embedded / Aggregate Embedded Embedded Physician Office Visit $20 / Visit $20 / Visit Specialist Copay Preventative Care No Charge No Charge Virtual Physician Visit No Charge No Charge Lab and X-Ray CT, MRI, PET scans No Charge No Charge Other lab and x-ray tests No Charge No Charge Hospitalization Inpatient Outpatient $20 / Procedure $20 / Procedure $50 / Visit $100 / Visit (waived if admitted)(waived if admitted) Urgent Care Services $20 / Visit $20 / Visit $15 / Visit $15 / Visit (20 visits per calendar year) (20 visits per calendar year) (Physician referred; Nausea & pain only)(Physician referred; Nausea & pain only) PRESCRIPTION DRUGS Generic / Brand / Specialty Generic / Brand / Specialty Retail - 30 day supply $10 / $30 / 20% up to $150 $10 / $30 / 20% up to $150 Mail Order - up to 100 day supply $20 / $60 / Not Covered $20 / $60 / Not Covered ACTIVE MONTHLY RATES EEs Current Renewal EE Only 200 $595.00 $650.00 EE + 1 55 $1,169.00 $1,277.00 EE + Family 78 $1,564.00 $1,708.00 333MONTHLY PREMIUM $305,287 $333,459 ANNUAL PREMIUM $3,663,444 $4,001,508 EARLY RETIREE MONTHLY RATES EEs Current Renewal EE Only 7 $944.00 $1,031.00 EE + 1 1 $1,860.00 $2,031.00 EE + Family 0 $2,492.00 $2,721.00 8MONTHLY PREMIUM $8,468 $9,248 ANNUAL PREMIUM $101,616 $110,976 ACTIVE / EARLY RETIREE TOTAL Current Renewal TOTAL MONTHLY PREMIUM $313,755 $342,707 TOTAL ANNUAL PREMIUM $3,765,060 $4,112,484 ANNUAL DOLLAR CHANGE $347,424 ANNUAL PERCENT CHANGE 9.2% $20 / Visit Medical Plan Benefits Emergency Room Chiropractic Care Acupuncture Care $20 / Visit No Charge Kaiser (PRISM): Medical HMO Current / Renewal   Packet Pg. 209 Medical Renewal: Anthem Traditional HMO Calendar Year Deductible Individual / Family Embedded / Aggregate Annual Out-of-Pocket Maximum Individual / Family Embedded / Aggregate Physician Office Visit Specialist Copay Preventative Care Virtual Physician Visit N/A N/A Lab and X-Ray CT, MRI, PET scans Other lab and x-ray tests Hospitalization Inpatient Outpatient Urgent Care Services PRESCRIPTION DRUGS Retail - 30 day supply Mail Order - up to 90 day supply ACTIVE MONTHLY RATES EEs Current Renewal EE Only 77 $626.00 $684.00 EE + 1 18 $1,228.00 $1,341.00 EE + Family 44 $1,643.00 $1,794.00 139 MONTHLY PREMIUM $142,598 $155,742 ANNUAL PREMIUM $1,711,176 $1,868,904 EARLY RETIREE MONTHLY RATES EEs Current Renewal EE Only 2 $1,120.00 $1,223.00 EE + 1 0 $2,208.00 $2,411.00 EE + Family 0 $2,960.00 $3,232.00 2 MONTHLY PREMIUM $2,240 $2,446 ANNUAL PREMIUM $26,880 $29,352 ACTIVE / EARLY RETIREE TOTAL Current Renewal TOTAL MONTHLY PREMIUM $144,838 $158,188 TOTAL ANNUAL PREMIUM $1,738,056 $1,898,256 ANNUAL DOLLAR CHANGE $160,200 ANNUAL PERCENT CHANGE 9.2% $20 / Visit $20 / Visit Medical Plan Benefits N/A $1,500 / $3,000 Embedded Current / Renewal Anthem (PRISM): Traditional HMO None No Charge $10 / Visit $20 / Visit No Charge No Charge No Charge No Charge $50 / Visit (waived if admitted) Acupuncture Care (30 visit limit combined with chiropractic) Emergency Room $10 / Visit $5 / $15 / $25 / $45 / 30% with $250 max Tier 1a / Tier 1b / Tier 2 / Tier 3 / Tier 4 1,2 $12.50 / $37.50 / $75 / $135 / N/A Chiropractic Care (30 visit limit combined with acupuncture)   Packet Pg. 210 Medical Renewal: Anthem Select HMO Calendar Year Deductible Individual / Family Embedded / Aggregate Annual Out-of-Pocket Maximum Individual / Family Embedded / Aggregate Physician Office Visit Specialist Copay Preventative Care Lab and X-Ray CT, MRI, PET scans Other lab and x-ray tests Hospitalization Inpatient Outpatient Urgent Care Services PRESCRIPTION DRUGS Retail - 30 day supply Mail Order - up to 90 day supply ACTIVE MONTHLY RATES EEs Current Renewal EE Only 31 $546.00 $596.00 EE + 1 5 $1,071.00 $1,170.00 EE + Family 22 $1,434.00 $1,566.00 MONTHLY PREMIUM $53,829 $58,778 ANNUAL PREMIUM $645,948 $705,336 EARLY RETIREE MONTHLY RATES EEs Current Renewal EE Only 3 $978.00 $1,068.00 EE + 1 0 $1,926.00 $2,103.00 EE + Family 0 $2,582.00 $2,820.00 MONTHLY PREMIUM $2,934 $3,204 ANNUAL PREMIUM $35,208 $38,448 ACTIVE / EARLY RETIREE TOTAL Current Renewal TOTAL MONTHLY PREMIUM $56,763 $61,982 TOTAL ANNUAL PREMIUM $681,156 $743,784 ANNUAL DOLLAR CHANGE $62,628 ANNUAL PERCENT CHANGE 9.2% Chiropractic Care Medical Plan Benefits Emergency Room $50 / Visit $10 / Visit $5 / $20 / $30 / $50 / 30% up to $250 max $12.50 / $50 / $90 / $150 / N/A $250 / Admit $10 / Visit (30 visit limit combined with acupuncture) Anthem (PRISM): Select Network HMO Current / Renewal Embedded Tier 1a / Tier 1b / Tier 2 / Tier 3 / Tier 4 1,2 $2,000 / $4,000 No Charge No Charge $40 / Visit No Charge None N/A Acupuncture Care (30 visit limit combined with chiropractic) $20 / Visit (waived if admitted) $20 / Visit $125 / Admit 3 58   Packet Pg. 211 Medical Renewal: Anthem PPO Anthem (PRISM): Medical PPO Anthem (PRISM): Medical PPO Current / Renewal In-Network Out-of-Network Calendar Year Deductible Individual / Family $500 / $1,000 $750 / $1,500 Embedded / Aggregate Embedded Embedded Annual Out-of-Pocket Maximum Individual / Family $2,000 / $4,000 $2,500 / $5,000 Embedded / Aggregate Embedded Embedded Physician Office Visit $20 (ded waived)40% Specialist Copay $20 (ded waived)40% Preventative Care No charge (ded waived)40% Lab and X-Ray CT, MRI, PET scans 10%40% (limited to $800 max/test) Other lab and x-ray tests 10%40% (limited to $350 max/day) Hospitalization Inpatient 10%40% (limited to $600 max/day; copay $500 Outpatient 10%40% (limited to $350 max/day) $50 + 10%$50 + 10% (Copay Waived if Admitted) (Copay Waived if Admitted) Urgent Care Services $20 / Visit (ded waived)40% 10%40% (24 visits per calendar year)(24 visits per calendar year) 10%40% (12 visits per calendar year)(12 visits per calendar year) PRESCRIPTION DRUGS Tier 1 / Tier 2 / Tier 3 Tier 1 / Tier 2 / Tier 3 Retail - 30 day supply $10 / $20 / $35 $10 / $20 / $35 Mail Order - 90 day supply $15 / $30 / $50 Not Covered ACTIVE MONTHLY RATES EEs Current Renewal EE Only 8 $941.00 $1,028.00 EE + 1 3 $1,848.00 $2,018.00 EE + Family 1 $2,473.00 $2,701.00 12MONTHLY PREMIUM $15,545 $16,979 ANNUAL PREMIUM $186,540 $203,748 EARLY RETIREE MONTHLY RATES EEs Current Renewal EE Only 0 $1,676.00 $1,830.00 EE + 1 0 $3,304.00 $3,608.00 EE + Family 0 $4,428.00 $4,835.00 0MONTHLY PREMIUM $0 $0 ANNUAL PREMIUM $0 $0 ACTIVE / EARLY RETIREE TOTAL Current Renewal TOTAL MONTHLY PREMIUM $15,545 $16,979 TOTAL ANNUAL PREMIUM $186,540 $203,748 ANNUAL DOLLAR CHANGE $17,208 ANNUAL PERCENT CHANGE 9.2% Emergency Room Acupuncture Care Chiropractic Care Medical Plan Benefits   Packet Pg. 212 Dental Plans   Packet Pg. 213 PRISM Dental DHMO Delta Dental (PRISM): Dental HMO Current / Renewal Diagnostic and Preventive ADA Code Periodic Oral Evaluation 120 No Charge X-Rays 210 No Charge Teeth Cleaning 1110 No Charge Topical Flouride 1208 No Charge Sealants - per tooth 1351 $10 Restorative Amalgam Filling 1-4 Surfaces 2140-61 $0 Resin - one surface, anterior 2330 $0 Endodontics (Root Canal Therapy) Pulp Cap 3110 No Charge Therapeutic Pulpotomy 3220 $0 Root Canal Therapy - anterior 3310 $55 Periodontics Gingivectomy - per quadrant 4210 $130 Osseous Surgery - per quadrant 4260 $280 Scaling and Root Planning - per quadrant 4341 $25 Oral Surgery Extractions - Impacted tooth: soft tissue 7220 $50 Extractions - Impacted tooth: partial bony 7230 $70 Extractions - Impacted tooth: full bony 7240 $90 Prosthodontics Complete - Upper or Lower 5110-20 $145 Immediate - Upper or Lower 5130-40 $165 Partial Denture - Upper or Lower 5213-14 $160 Crown and Bridge Inlay / Onlay 2510-30 $0 Crown - Porcelain/Ceramic Substrate 2740 $240 Crown - Porcelain Fused to High Noble Metal 2750 $240 Crown - Full Cast High Noble Metal 2790 $210 Orthodontics - comprehensive Child to age 19 8080 $1,700 Member over age 19 8090 $1,900 RATE GUARANTEE 2 Years (1/1/2023 - 12/31/2024) MONTHLY RATES EE's Current Renewal Employee Only 64 $16.80 $16.80 Employee + 1 Dependent 33 $29.90 $29.90 Employee + Family 39 $43.80 $43.80 136 TOTAL MONTHLY PREMIUM $3,770 $3,770 TOTAL ANNUAL PREMIUM $45,241 $45,241 ANNUAL DOLLAR CHANGE $0 ANNUAL PERCENT CHANGE 0.0% Dental Plan Benefits   Packet Pg. 214 PRISM Dual-Option Dental PPO Dental Plan Benefits Delta Dental (PRISM): Dental PPO- Core Delta Dental (PRISM): Dental PPO- Buy Up Current / Renewal Current / Renewal Calendar Year Maximum Per Member $1,000 $2,000 Calendar Year Deductible $50 per person $50 per person (Waived for Diagnostic & Preventive)(Waived for Diagnostic & Preventive) Diagnostic and Preventive Oral Exam X-Rays Teeth Cleaning Fluoride Treatment Basic Services Fillings Periodontics (Gum disease) Routine Extractions Endodontics (Root Canal) Oral Surgery Major Services Surgical Extractions Bridgework Dentures Crowns Orthodontics Adult & Child Adult & Child Benefit Percentage 80%80% Lifetime Maximum $2,000 $2,000 Rate Guarantee 1 Year (1/1/2023 - 12/31/2023) 1 Year (1/1/2023 - 12/31/2023) MONTHLY RATES EE'S Current Renewal*EE'S Current Renewal* Employee Only 98 $30.00 $30.00 95 $37.00 $37.00 Employee + 1 Dependent 34 $64.70 $64.70 23 $80.50 $80.50 Employee + Family 73 $88.50 $88.50 52 $110.30 $110.30 205 170 TOTAL MONTHLY PREMIUM $11,600 $11,600 $11,102 $11,102 TOTAL ANNUAL PREMIUM $139,204 $139,204 $133,225 $133,225 ANNUAL DOLLAR CHANGE $0 $0 ANNUAL PERCENT CHANGE 0.0%0.0% *Assumes using a portion of the stabilization fund to buy down the renewal from 4.9% to a rate pass. Individual / Family 50%50% 80% 50% 80% 50% 80%80% 100%80%100% Out-of-NetworkIn-Network In-Network Out-of-Network 80%   Packet Pg. 215 Vision Plans   Packet Pg. 216 EyeMed Vision Plan EyeMed: Vision- Core EyeMed: Vision- Buy Up Current / Renewal Current / Renewal In-Network Non-Network In-Network Non-Network Copay Plan pays up to:Copay Plan pays up to: Exam $10 $49 $10 $49 Lenses Single $10 $35 $10 $35 Bifocal $10 $49 $10 $49 Trifocal $10 $74 $10 $74 Contact Lenses*$130 Allowance $104 $150 Allowance $120 Frames $130 Allowance + 20% discount $60 $150 Allowance + 20% discount $75 Frequency of Services Eye Examination 12 months 12 months Lenses 12 months 12 months Frames 12 months 12 months Contact Lenses*12 months 12 months * In lieu of frames Rate Guarantee 4 Years (1/1/2019 - 12/31/2022) 4 Years (1/1/2023 - 12/31/2026) 4 Years (1/1/2019 - 12/31/2022) 4 Years (1/1/2023 - 12/31/2026) MONTHLY RATES EE'S Current Renewal EE'S Current Renewal Employee Only 116 $7.34 $7.34 123 $8.33 $8.33 Employee + 1 Dependent 29 $13.87 $13.87 36 $15.74 $15.74 Employee + 2 or More Dependents 72 $20.31 $20.31 65 $23.05 $23.05 217 224 TOTAL MONTHLY PREMIUM $2,716 $2,716 $3,089 $3,089 TOTAL ANNUAL PREMIUM $32,592 $32,592 $37,074 $37,074 ANNUAL $ DIFFERENCE $0 $0 ANNUAL % DIFFERENCE 0.0%0.0% Vision Plan Benefits   Packet Pg. 217 Life and Disability Plans   Packet Pg. 218 PRISM Lincoln Financial: Basic Life and AD&D Insurance Lincoln Financial Renewal Eligibility Class 1-10: Actives You (the Employee) must be performing the normal duties of Your regular job for the Policyholder on a regular and continuous basis 30 or more hours each week to be eligible for insurance. Class 11-16: Retirees An eligible Retiree will become insured on the day the Retiree becomes eligible, subject to certain conditions (as described in the When Insurance Begins provision in the Certificate). Life Benefits Life Benefits AD&D Benefits Dependent Life Class 1: EDA Employees $50,000 Same as Life $1,000 Class 2: Full-Time Elected Officials 1 x Salary to $250,000 Same as Life $1,000 Class 3: City Council Members $75,000 Same as Life $1,000 Class 4: Mgmt. Employees $75,000 Same as Life $1,000 Class 5: Confidential Employees $50,000 Same as Life $1,000 Class 6: General Unit & Middle Mgmt. Employees $10,000 $25,000 $1,000 Class 7: All Other Mgmt. & Police Mgmt. Employees $50,000 Same as Life $1,000 Class 8: Police Safety Employees $25,000 Same as Life $1,000 Class 9: Part-Time Elected Officials $75,000 Same as Life $1,000 Class 10: Executive Mgmt Employees 1 x Salary to $250,000 Same as Life $1,000 Class 11: Retirees in Mgmt, Police Mgmt, & Fire Mgmt $50,000 Not Covered Not Covered Class 12: Retirees in Confidential & Police Safety $25,000 Not Covered Not Covered Class 13: Retirees in General & Mid Mgmt $10,000 Not Covered Not Covered Class 14: Retirees in Fire Safety $5,000 Not Covered Not Covered Class 15: Grandfathered Retirees $6,400 Not Covered $1,000 Class 16: Grandfathered Retirees Electing Dependent coverage in the amount of $250 $10,000 Not Covered $250 Age % of Original Benefit 70 50% 75 25% Additional Benefits: Actives Only Waiver of Premium Included Seat Belt Provision (AD&D) Air Bag Provision (AD&D) Self Bill or List Bill Self Bill 10% insured's Principal Sum 10% insured's Principal Sum Basic Life and AD&D Plan Benefits Benefit Reduction Formula   Packet Pg. 219 PRISM Lincoln Financial: Basic Life and AD&D Insurance (cont’d) Lincoln Financial Renewal Rate Guarantee 1 Years (1/1/2023-12/31/2023) MONTHLY RATES Renewal Active & Retirees: Basic Life Class 1-15 : Basic Life Benefit Volume $21,133,457 Class 1-15 : Basic Life Rate per $1,000 $0.260 Basic Life Monthly Premium $5,495 Actives: Basic AD&D Class 1-10 : Basic AD&D Benefit Volume $20,303,333 Class 1-10 : Basic AD&D Rate per $1,000 $0.030 Basic AD&D Monthly Premium $609 Spouse and Dependent Child(ren) Life Class 1-8 , 10-15 : Dependent Life Units 321 Class 1-8 , 10-15 : Dependent Life Rate $0.39 Class 9 : Dependent Life Units 0 Class 9 : Dependent Life Rate $0.34 Dependent Life Premium $125 Grandfathered Life Classic 16 : Retiree Life $1,973,444 Classic 16 : Retiree Life Rate per $1,000 $0.09 Class 16 : Spouse & Child(ren) Rate 0 Class 16 : Spouse & Child(ren) Rate $0.100 Grandfathered Life Monthly Premium $178 MONTHLY PREMIUM $6,407 ANNUAL PREMIUM $76,879 Basic Life and AD&D Rates   Packet Pg. 220 PRISM Lincoln Financial: Supplemental Life Insurance Voluntary Life Lincoln Financial Plan Benefits Renewal Eligibility All full-time active employees working at least 30 hours each week Employee Life Benefit Maximum 4x annual salary $500,000 Minimum 1x annual salary or $10,000 Increments of:1x annual salary Guaranteed Issue Amount 4x annual salary $350,000 Spouse Life Benefit Maximum 100% of EE's benefit, up to $250,000 Minimum $5,000 Increments of:$5,000 Guaranteed Issue Amount 100% of EE's benefit, up to $50,000 Dependent Life Benefit Maximum $10,000 Minimum $2,000 Increments of:$1,000 Guaranteed Issue Amount $10,000 Age % of Original Benefit 70 50% 75 25% Waiver of Premium Included Portability Included Self Bill or List Bill List Bill Benefit Reduction Schedule   Packet Pg. 221 PRISM Lincoln Financial: Supplemental Life Insurance Lincoln Financial Renewal Rate Guarantee 1 Year (1/1/2023-12/31/2023) Renewal Employee & Spouse Under age 20 $0.042 Age 20-24 $0.042 Age 25-29 $0.042 Age 30-34 $0.050 Age 35-39 $0.070 Age 40-44 $0.100 Age 45-49 $0.150 Age 50-54 $0.230 Age 55-59 $0.430 Age 60-64 $0.660 Age 65-69 $1.021 Age 70-74 $1.021 Age 75+$1.021 Child Rate per $1,000 $0.100 Monthly Rates per $1,000 Voluntary Life   Packet Pg. 222 PRISM Lincoln Financial: Supplemental AD&D Insurance Lincoln Financial Renewal Eligibility All full-time active employees working at least 30 hours each week Employee Life Benefit Family Plans Spouse & Child(ren)Spouse Only Child(ren) Only Minimum $25,000 Maximum $250,000 Increments of: Employee may select a Principal Sum equal to $25,000; $50,000; $75,000; $100,000; $150,000; $200,000 or $250,000. Rate Guarantee Monthly Rate per $1,000 Current Renewal Employee Only $0.030 $0.03 Employee + Family $0.033 $0.033 Voluntary AD&D Plan Benefits Benefit Reduction Schedule Employee Spouse Benefit: 40% of Employee's benefit Child Benefit: 10% of Employee's benefit 50% of Employee's benefit 15% of Employee's benefit Age % of Original Benefit 80 15% 1 Year (1/1/2023-12/31/2023) 65 65% 70 40% 75 25%   Packet Pg. 223 PRISM Lincoln Financial: Short-Term Disability/Paid Family Leave Lincoln Financial Option Eligibility Eligibility Classes All Eligible Management, Middle Management, Confidential Police Management, and Elected Officials except Council Members working 30 hours per week STD Benefits Maximum Weekly Benefit $1,250 Weekly Benefit Percentage 60% Maximum Benefit Duration 17 Weeks Elimination Period - Accident 60 Days Elimination Period - Sickness 60 Days Paid Family Leave Benefits Eligibility All Eligible Employees Benefit Percentage 60% to 70% Maximum Weekly Benefit $1,540 Maximum Benefit Duration 8 weeks Administration FICA Match Included W-2 Reporting Included Self Bill or List Bill List Bill Rate Guarantee 1 Year MONTHLY RATES Option Rate per $100 of Monthly Covered Payroll $0.505 INSURANCE VOLUME Monthly Covered Payroll $963,129 MONTHLY PREMIUM $4,864 ANNUAL PREMIUM $58,366 Short Term Disability Plan Benefits   Packet Pg. 224 PRISM Lincoln Financial: Long-Term Disability Lincoln Financial Option Eligibility Class 1 All Eligible Management, Police Management, Middle Management, and Confidential with the Exception of Council Members and EDA working a min of 30 Hours per Week Class 2 All Eligible Elected Officials working a min of 30 hours per week Class 3 All Eligible Employees Classified as General Unit regularly working a min of 30 Hours per Week Elimination Period Class 1-2: 180 Days Monthly Benefit Percentage Class 1-2: 60% Class 1-3: $5,000 Own Occupation Definition 1 Year Maximum Benefit Duration RBD to age 65, or SSNRA Pre-Existing Condition 3/12 FICA Match Included W-2 Production Included Self Bill or List Bill List Bill Rate Guarantee 1 Year (1/1/2023-12/31/2023) MONTHLY RATES Option Rate per $100 of Monthly Covered Payroll $0.158 INSURANCE VOLUME Monthly Covered Payroll $2,004,183 MONTHLY PREMIUM $3,167 ANNUAL PREMIUM $37,999 Long Term Disability Plan Benefits   Packet Pg. 225 Voluntary Benefits   Packet Pg. 226 Pet Benefit Solutions: Wishbone & Total Pet Carrier Plan Name Wishbone Total Pet Benefit Limits $25,000 N/A Deductibles $250 N/A Reimbursements 90%25% Discount Network Any licensed vet In-Network only Wellness Wellness Buy-Up Discount Included Pre-Existing Conditions Not Covered Covered Telehealth Yes Yes Claim Turn Around <5 days Discount provided at checkout Other Lost Pet Recovery Member only pricing (40% off) on brand name prescriptions, products, food, treats and toys and free shipping from petcarex.com Deduction Method Direct Bill / Payroll Payroll Monthly Pricing $250 Deductible / $25,000 Annual Limit / 90% Reimbursement:One pet:$11.75 Pet Benefit Solutions   Packet Pg. 227 Colonial Life: Critical Illness Colonial Life: Critical Illness Current / Renewal Benefit Amounts $5,000 - $100,000 in $1,000 increments Issue Ages Spouse: 16-64 Child(ren): 0-25 Guaranteed Issue Up to $50,000 Portability Included Employee Eligibility Minimum Employees working at least 30 hours per week Spouse Coverage Up to 50% of Employees Coverage Dependent Coverage Up to 50% of Employees Coverage Waiting Period None Benefit Reduction 50% at age 75 POLICY BENEFITS POLICY BENEFITS Cancer 100% Coma 100% Coronary Artery Bypass Graft Surgery 25% Heart Attack 100% End Stage Renal (Kidney) Failure 100% Major Organ Transplant 100% (Major Organ Failure) Blindness 100% Permanent Paralysis due to a Covered Accident 100% Stroke 100% Enrollment POLICY BENEFITS Current participation 49 Rate Guarantee 1/1/2023 - MONTHLY RATES: NON-TOBACCO EE EE + SP EE + Child(ren)Family Benefit Amount ($10,000) 16-29 $14.96 $24.62 $15.70 $25.46 30-39 $18.76 $30.42 $19.60 $31.16 40-49 $27.16 $42.92 $28.00 $43.86 50-59 $40.56 $63.82 $41.50 $64.76 60-64 $58.56 $91.32 $59.50 $92.26 Benefit Amount ($25,000) 16-29 $20.96 $33.47 $22.45 $35.21 30-39 $30.46 $47.97 $32.20 $49.46 40-49 $51.46 $79.22 $53.20 $81.21 50-59 $84.96 $131.47 $86.95 $133.46 60-64 $129.96 $200.22 $131.95 $202.21 Critical Illness   Packet Pg. 228 Colonial Life: Accident Colonial - Basic Plan Lincoln (PRISM) - Low Plan Current / Renewal Option 1 Company Rating A.M. Best A A.M. Best A- Plan Design Options Portability Yes, after first payroll deduction Included Employee Eligibility Employees working at least 30 hours per week Full-Time Employees working at least 20 hours per week Participation Requirements None Greater of 15% or 25 EE's Benefits Emergency Room Treatment $100 Fractures Up to $4,500 Up to $3,500 (x2 for surgical treatment) Dislocation Up to $4,000 Up to $2,625 (x2 for surgical treatment) Hospital Admission $750 Hospital Confinement $175/day (up to 365 days) $200/day (up to 365 days) Accident Follow-Up Treatment $50/visit 3 visits per covered accident / 12 per year $75/visit 2 visits per covered accident / 12 per year Ambulance $200 (Ground) $1,000 (Air) $300 (Ground) $1,500 (Air) Blood/Plasma/Platelets $300 Burns, 2nd Degree $750 $100 - $1,000 Burns, 3rd Degree $1,500-$12,000 $375 - $10,000 Coma $7,500 (Duration of 14 or more consecutive days) Concussion $275 Emergency Dental Work $150 (repaired with crown) $50 (resulting in extraction) $150 (repaired with crown) $50 (resulting in extraction) Eye Injury $200 $150 (removal of foreign body) $300 (surgical repair) Knee Cartilage- Torn $500 Laceration $50 - $600 $35 – $400 Lodging $150 (per day up to 30 days) $150 (per day up to 30 days) Prosthetic Device/Artificial Limb $750 (1 device) $1,500 (2 or more devices)$750 per device, per limb Ruptured Disc $600 Surgery Open Abdominal or Thoracic - $1,000 (Exploratory $150)N/A Tendon/Ligament/Rotat or Cuff $600 (1 device) $1,200 (2 or more devices) Transportation $400 (up to 3 trips per accident)$300 per trip, 100+ miles from home Rate Guarantee 1/1/2023 - 12/31/2023 1/1/2023 - 12/31/2025 MONTHLY RATES EE'S Current / Renewal Option 1 Employee 33 $15.27 $15.27 Employee + Spouse 6 $25.90 $25.90 Employee + Child(ren)7 $25.62 $25.62 Family 30 $36.25 $36.25 76 MONTHLY PREMIUM $1,926 $1,926 ANNUAL PREMIUM $23,114 $23,114 Accident Plan Benefits   Packet Pg. 229 Disclosures Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the types of income that Alliant may earn on a placement, are available on our website at www.alliant.com. For a copy of our policy or for any inquiries regarding compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego, CA 92101. Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth technical understanding of all aspects of insurance company finances and operations.Insurance brokerages such as Alliant typically rely upon rating agencies for this type of market analysis. A.M. Best has been an industry leader in this area for many decades, utilizing a combination of quantitative and qualitative analysis of the information available in formulating their ratings. Alliant’s standard protocol is to only place coverage with carriers with no less than an “A-”-rating from A.M. Best.However, where Alliant determines that it is prudent to consider coverage with a lower rated carrier, the financial rating of the carrier is to be disclosed to the client.Should Alliant becomes aware of a carrier’s rating dropping below “A-“ mid-policy period we will review and advise you of the situation and consider if an alternative carrier can be reasonably provided prior to renewal. A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visit them at www.ambest.com. Plans are rates presented are generally effective 01/01/2022 through 12 31 2022. Rates quoted assume current employer contribution levels and participation levels unless otherwise stated. Final rates will be based on final enrollment underwriting. Updated claims experience or other information may be required to finalize rates. If group demographics, enrollment levels or employer contributions change, rates may change or the quote may be withdrawn. In general, employees must be actively act work on the effective date of the plan. When implementing new coverage, employees who are not actively at work will not be covered under the plan until they return to active state. It may be possible to waive the actively at work provision. This proposal should not be interpreted as inclusive of all plan provisions and limitations. For further details, refer to the insurance carrier proposals and carrier plan documents. Benefit coverage and eligibility provisions for fully insured health plans may vary from state to state, based on state mandates. Illustrated enrollment is based on the information provided (employee census, current premium statement and or carrier renewal). Coverage is not in effect until it is approved by the insurance carrier’s underwriter.   Packet Pg. 230 © 2022 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Servi ces, Inc. CA License No. 0C36861   Packet Pg. 231 6 4 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Amendments to Professional Services Agreements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute: 1. The Third Amendment to the Professional Services Agreement with Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509; 2. The Second Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620; 3. The First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2022639; and 4.The First Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi for representation in the San Bernardino Superior Court Case No. 5:21-cv-00454. Background Saenz, et al. v. City of San Bernardino, et al. (CIVDS1919509) On July 8, 2019, the City entered into an agreement with Lynberg & Watkins to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1919509. On July 15, 2020, the City   Packet Pg. 232 6 4 7 entered into a second amendment to the agreement for a total not to exceed amount of $75,000. This case remains active. Faith Emileen Stewart v. City of San Bernardino, et al. (CIVSB2100620) On May 18, 2021, the City entered into an agreement with Graves & King to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620. On March 16, 2022, the City entered into the first amendment to the agreement for a total not to exceed amount of $150,000. This case remains active. Melody Duro v. County of San Bernardino, et al. (CIVDS2022639) On November 20, 2020, the City entered into an agreement with Graves & King to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Melody Duro v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022639. This case remains active. Carlos Torres v. City of San Bernardino, et al. (5:21-cv-00454) On April 19, 2021, the City entered into an agreement with Lawrence, Beach, Allen & Choi to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Carlos Torres v. City of San Bernardino, et al., District Court Case No. 5:21-cv-00454. This case has settled. Discussion At this time, it is necessary to increase the not to exceed amounts under all agreements listed above, as there are outstanding invoices. All law firms have worked effectively and expeditiously on these litigated matters. It is advisable to maintain these firms as continued representation is essential to protect the City's interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm. The proposed amendments to total contract amounts are as follows: Case Firm Proposed Agreement Amount CIVDS1919509 Lynberg & Watkins $150,000 CIVSB2100620 Graves & King $300,000 CIVDS2022639 Graves & King $150,000 5:21-cv-00454 Lawrence, Beach, Allen & Choi $100,000 2021-2025 Key Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1d: Financial Stability – Minimize Risk and Litigation Exposure. Continued legal representation of the City in this case protects the City’s interest and avoids unnecessary liability.   Packet Pg. 233 6 4 7 Fiscal Impact There is funding to support the amendments in FY 2022/23 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute: 1. The Third Amendment to the Professional Services Agreement with Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509; 2. The Second Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620; 3. The First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2022639; and 4. The First Amendment to the Professional Services Agreement with Lawrence, Beach, Allen & Choi for representation in the San Bernardino Superior Court Case No. 5:21-cv-00454. Attachments Attachment 1 Original and amended agreements Attachment 2 Exhibit A – All new amended agreements Ward: All Wards Synopsis of Previous Council Actions: March 16, 2022 The Mayor and City Council authorized the City Manager to execute the First Amendment to the Professional Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVSB2100620. July 15, 2020 The Mayor and City Council authorized the City Manager to execute the Second Amendment to the Professional Services Agreement with Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509. February 26, 2020 The Mayor and City Council authorized the City Manager to execute the First Amendment to the Professional Services Agreement with   Packet Pg. 234 6 4 7 Lynberg & Watkins for representation in the San Bernardino Superior Court Case No. CIVDS1919509.   Packet Pg. 235   Packet Pg. 236   Packet Pg. 237   Packet Pg. 238   Packet Pg. 239   Packet Pg. 240 03/11/2020   Packet Pg. 241   Packet Pg. 242   Packet Pg. 243   Packet Pg. 244   Packet Pg. 245   Packet Pg. 246   Packet Pg. 247   Packet Pg. 248   Packet Pg. 249   Packet Pg. 250   Packet Pg. 251   Packet Pg. 252   Packet Pg. 253   Packet Pg. 254   Packet Pg. 255   Packet Pg. 256   Packet Pg. 257   Packet Pg. 258   Packet Pg. 259   Packet Pg. 260   Packet Pg. 261   Packet Pg. 262   Packet Pg. 263   Packet Pg. 264   Packet Pg. 265   Packet Pg. 266   Packet Pg. 267   Packet Pg. 268   Packet Pg. 269   Packet Pg. 270   Packet Pg. 271   Packet Pg. 272   Packet Pg. 273   Packet Pg. 274   Packet Pg. 275   Packet Pg. 276   Packet Pg. 277   Packet Pg. 278   Packet Pg. 279   Packet Pg. 280   Packet Pg. 281   Packet Pg. 282   Packet Pg. 283   Packet Pg. 284 EXHIBIT A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LYNBERG & WATKINS This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated August 17, 2022 is made and entered into by and between the City of San Bernardino (“City”) and Lynberg & Watkins (“Consultant”) as of the last date set forth below. 1. This Amendment is made with respect to the following facts and purposes: a. On July 8, 2019, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1919509 (“Original Agreement”). b. On February 26, 2020, the City entered into a first amendment to the agreement. c. On July 15, 2020, the City entered into a second amendment to the agreement. d. City and Consultant now desire to increase the amount of the Second Agreement. 2. The Second Agreement is hereby amended to increase the total not to exceed amount from $75,000 to $150,000. 3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 4. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. Dated: _____, 2022 LYNBERG & WATKINS By: Jonathan C. Bond Its: Partner Dated: _____, 2022 CITY OF SAN BERNARDINO By: Robert D. Field Its: City Manager   Packet Pg. 285 EXHIBIT A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAVES AND KING, LLP This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated August 17, 2022 is made and entered into by and between the City of San Bernardino (“City”) and Graves and King, LLP (“Consultant”) as of the last date set forth below. 1. This Amendment is made with respect to the following facts and purposes: a. On May 18, 2021, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB 2100620 (“Original Agreement”). b. On March 16, 2022, the City and Consultant entered into a First Amendment to the Professional Services Agreement (“First Amendment”). c. City and Consultant now desire to increase the amount of the First Amendment Agreement. 2. The Original Agreement is hereby amended to increase the total not to exceed amount from $150,000 to $300,000. 3. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. Dated: _____, 2022 GRAVES AND KING, LLP By: Harvey Wimer, Its: Partner Dated: _____, 2022 CITY OF SAN BERNARDINO By: Robert D. Field Its: City Manager   Packet Pg. 286 EXHIBIT A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRAVES AND KING, LLP This First Amendment (“First Amendment”) to the Professional Services Agreement dated August 17, 2022 is made and entered into by and between the City of San Bernardino (“City”) and Graves and King, LLP (“Consultant”) as of the last date set forth below. 1. This Amendment is made with respect to the following facts and purposes: a. On November 20, 2020, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Melody Duro v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022639 (“Original Agreement”). b. City and Consultant now desire to increase the amount of the Original Agreement. 2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $150,000. 3. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. Dated: _____, 2022 GRAVES AND KING, LLP By: Harvey Wimer, Its: Partner Dated: _____, 2022 CITY OF SAN BERNARDINO By: Robert D. Field Its: City Manager   Packet Pg. 287 EXHIBIT A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LAWRENCE, BEACH, ALLEN & CHOI This First Amendment (“First Amendment”) to the Professional Services Agreement dated August 17, 2022 is made and entered into by and between the City of San Bernardino (“City”) and Lawrence, Beach, Allen & Choi (“Consultant”) as of the last date set forth below. 1. This Amendment is made with respect to the following facts and purposes: a. On April 19, 2021, the City and Consultant entered into a Professional Services Agreement for the provision of legal services pertaining to Carlos Torres v. City of San Bernardino, et al., District Court Case No. 5:21-cv-11454 (“Original Agreement”). b. City and Consultant now desire to increase the amount of the Original Agreement. 2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $100,000. 3. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. Dated: _____, 2022 LAWRENCE, BEACH, ALLEN & CHOI By: Paul Beach Its: Partner Dated: _____, 2022 CITY OF SAN BERNARDINO By: Robert D. Field Its: City Manager   Packet Pg. 288 6 6 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Approving Job Classifications and Amending the Salary Schedule Recommendation Adopt Resolution No. 2022-179 of the Mayor and City Council of the City of San Bernardino, California, approving the following: 1. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions, 2. The establishment of the Police Call Taker (PT) job classification; and 3. The addition of two positions, the Permit Services Supervisor and the Plans Examiner II within the Community and Economic Development Department. Background Staff is recommending the addition of the Police Call Taker part-time (PT) classification to provide additional support in the police call center and to allow for process improvements in a critical division. Police Call Taker (PT) will be the entry- level class in the Police Dispatcher class series. Typically, a Police Dispatcher I is expected to be capable of meeting the proficiency criteria within a 12-month period and show progression in performing the full range of duties. However, often when an employee is hired as a Police Dispatcher I, they find it difficult to meet the work requirements during their probationary period. The addition of a Police Call Taker (PT) classification will allow employees to get an in-depth sense of the field, department expectations, and demanding environment by allowing for additional experience and supervision. Furthermore, the classification will provide opportunities of growth and exposure for those individuals who have career goals of becoming a Police Dispatcher I.   Packet Pg. 289 6 6 2 Staff is also recommending the addition of two new positions in Community and Economic Development. (1) a Permit Services Supervisor. (New classification); and (2) a Plans Examiner II position. The front service counter of the department is currently staffed by five employees, servicing approximately eighty walk-in customers and thirty online customers daily, in addition to answering dozens of questions by phone. The Supervisor position is vital to coordinate and supervise these activities by providing the counter staff with senior leadership to assist them in performing their duties and delivering enhanced customer service. For several years, the City has been using consultants to complete a significant amount of the plan review process. As a result, much of the plan review revenue goes to the consultant company. While the City’s financial stability was in doubt, this model was prudent, allowing the City to pull back, using fewer consultants when there was less work, and more when the work increased. The workload now is such that the consultants are used consistently, and the work should be done by professional staff, eliminating the need for consultants and allowing the City to recoup the plan review revenue. Discussion Police Call Taker (PT) Adding this part-time role will aid Police Dispatch in training and preparing employees for their role as dispatchers. An employee in this role will initially work under close supervision answering administrative and "911" telephone lines. As they gain knowledge of dispatch functions, procedures and rules, they will be expected to be able to handle increasingly difficult calls under general supervision. The Police Call Taker (PT) classification is distinguished from the Police Dispatcher I classification in that the call taker does not dispatch any routine or emergency personnel via electronic communications equipment. This position will be in salary range 396, $19.85- $24.14/hour. This is not a full-time equivalent position, and if approved, will be covered by the Police Department’s existing budget for Dispatch. Permit Services Supervisor As discussed above, this position will provide supervision in Building Permit Processing, an area that has become increasingly busy with development interest in the City growing. This employee will oversee the day-to-day operations of building permit processing activities and supervise and direct the work of assigned staff. They will perform advanced technical work and be responsible for maintaining a variety of building and related records, and tracking the status of plan checks and inspections. This position will be in salary range 494, $5,607-$6,816/month. Plans Examiner II The Building and Safety Division requires an additional Plans Examiner II position   Packet Pg. 290 6 6 2 within the Community and Economic Development Department to conserve revenues by reducing its dependency on consultant services in the areas of contract staffing and plan check without impacting customer service levels. As mentioned above, the City currently relies on consultants that cost approximately $200,000 a year that function as "staff augmentation." Additionally, these consultants retain 65% of all fees collected on behalf of the City, approximately $240,000 per year. Adding the Plans Examiner II will enable the City to cease staff augmentation in Building and Safety and save not only the $200,000 spent on the consultant services but also bring in the $240,000 in revenue that the consultant collects. Even with the additional cost of the Plans Examiner II, the net gain to the City is approximately $300,000. 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 with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Strategic Targets and Goals Establishing the proposed classifications and amending the salary schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently. Fiscal Impact There is no fiscal impact to the City for establishing the Police Call Taker (PT) job classification, this is an additional classification only and does not add a position. Hiring this part-time role will be covered with existing budget. Adding the Permit Services Supervisor and Plans Examiner II positions (new full-time equivalent positions), while new positions, will be covered by the savings to the City from no longer using consultants for Building and Safety Plan Review. Saving from Consultant Services: $200,000 Revenue Recouped: 240,000 Plans Examiner II (all-in) (140,000) Permit Services Supervisor (all-in) (100,000) Net impact to the City: $200,000 positive Conclusion Adopt Resolution No. 2022-179 of the Mayor and City Council of the City of San Bernardino, California, approving the following:   Packet Pg. 291 6 6 2 1. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions, 2. The establishment of the Police Call Taker (PT) job classification; and 3. The addition of two positions, the Permit Services Supervisor and the Plans Examiner II within the Community and Economic Development Department. Attachments 1. Attachment 1 – Resolution 2022-179 2. Attachment 2 – Exhibit A – City-wide Salary Schedule Ward All Wards Synopsis of Previous Council Actions July 20, 2022 Mayor and City Council adopted Resolution No. 2022-135 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.   Packet Pg. 292 ADOPTED 8/17/22 EFFECTIVE 8/17/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7 Exhibit A   Packet Pg. 293 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL 20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U)565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U)NA $10,590.00 MONTHLY $12,873.00 MONTHLY NA 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 MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2 of 7   Packet Pg. 294 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3 of 7   Packet Pg. 295 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U)601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4 of 7   Packet Pg. 296 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00133 LIFEGUARD (PT)370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL PENDING PERMIT SERVICES SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL 30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 00192 POLICE CADET (PT)NA $15.00 HOURLY $17.00 HOURLY NA PENDING POLICE CALL TAKER (PT)396 $19.85 HOURLY $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5 of 7   Packet Pg. 297 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U)598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT)363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT)395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6 of 7   Packet Pg. 298 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10300 SHELTER VETERINARIAN 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED)358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 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 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 6/15/22 REVISION ADOPTED BY MCC 7/20/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7 of 7   Packet Pg. 299 CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective July 1, 2022: Police Officer $7,334.59 $7,949.49 $8,565.46 $9,180.36 $9,795.27 P-1 Detective/Corporal $8,516.94 $9,180.36 $9,843.78 $10,506.16 $11,169.58 P-2 Sergeant $9,638.12 $10,383.81 $11,129.50 $11,876.25 $12,621.94 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6   Packet Pg. 300 Resolution No. 2022-179 Resolution 2022-179 August 17, 2022 Page 1 of 3 7 4 3 RESOLUTION NO. 2022-179 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING (1) AN AMENDMENT TO THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY AND SEASONAL POSITIONS; (2) THE ESTABLISHMENT OF A POLICE CALL TAKER (PT) CLASSIFICATION; AND (3) THE ADDITION OF TWO FULL-TIME POSITIONS WITHIN THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT WHEREAS, the addition of two positions in the Building and Safety Division of the Community and Economic Development Department will save the City money on consultant services; and WHEREAS, the establishment of a Police Call Taker (PT) classification is of benefit to the City Police Department’s dispatch functions; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries, and must be updated to reflect new positions when they are added; and WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The establishment of a Police Call Taker (PT) classification and the addition of a two full-time equivalent positions (Permit Services Supervisor and Plans Examiner II) are hereby approved. SECTION 3. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved. 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   Packet Pg. 301 Resolution No. 2022-179 Resolution 2022-179 August 17, 2022 Page 2 of 3 7 4 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 __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 302 Resolution No. 2022-179 Resolution 2022-179 August 17, 2022 Page 3 of 3 7 4 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. 2022-179, adopted at a regular meeting held on the ___ day of _______ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 303 6 3 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Rolland Kornblau, Director of Information Technology Department:Information Technology Subject:Add Additional Microsoft Office Licenses as needed for new employees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of additional licenses of Microsoft Office 365 from Insight at $234.06 per user with a contingency of 10%, as needed, for price adjustment not to exceed the IT annual software support budget as new employees are hired for the City of San Bernardino. Background On September 15, 2021, the Mayor and City Council adopted Resolution No. 2022- 229, authorizing an 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. This amount gave the City the ability to add up to 715 users. As the City of San Bernardino grows and adds employees, it is imperative that we have the ability to add licenses as needed to cover new users. Discussion Staff is requesting authorization to issue a Purchase Order for Office 365 license for new hires as needed. Staff has developed an expected annual cost based on expected usage or an annual fixed amount provided by the vendor. Staff is requesting that a 10% contingency be added to the purchasing authorization amount for slight changes   Packet Pg. 304 6 3 3 in the products or support functions which might occur during the fiscal year. The current need is for 20 additional licenses for SBCity and 45 licenses for the Public Library (at a significantly lower cost due to the library category license). Quotes are attached. 2021-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 2: Focused, Aligned, Leadership and Unified Community. Software applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving processes. Fiscal Impact This has no impact on the General Fund. Funds for Office 365 licenses are included in the FY2022/2023 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the purchase of additional licenses of Microsoft Office 365 from Insight at $234.06 per user with a contingency of 10%, as needed, for price adjustment not to exceed the IT annual software support budget as new employees are hired for the City of San Bernardino. Attachments Attachment 1 Additional License Quote Attachment 2 Library License Quote Ward: All Wards Synopsis of Previous Council Actions: September 15, 2021 Mayor and City Council adopted Resolution No. 2021-229, approving an agreement with Insight Public Sector, Inc. September 4, 2019 Mayor and City Council approved the purchase of Office 365 Hosted Exchange Software. April 11, 2018 Mayor and City Council adopted Resolution No. 2018-44, approving a purchase of Office 365 G3 software.   Packet Pg. 305 7/14/2022 Page 1 of 1 City of San Bernardino Quotation:0722-SBCity_O365G3-MSEA-FA Subscription Start Date:8/1/2022 Date:July 13, 2022 Subscription End Date:9/30/2024 Enrollment:81451442 Contract:PSA-0001526/RIVCO-2020-RFQ-0000048 Year One:2 Months 2 Part Number Item Name Level Purchase Period Pool Product Type Quantity Term Price Extended Price Enterprise Products AAA-11894 O365 G3 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $34.76 695.20$ Additional Products NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $0.00 -$ 2 Month Total:695.20$ Year Two:12 Months 12 Enterprise Products AAA-11894 O365 G3 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $234.06 4,681.20$ Additional Products NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $0.00 -$ 12 Month Total:4,681.20$ Year Three:12 Months 12 Enterprise Products AAA-11894 O365 G3 GCC Sub Per User D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $234.06 4,681.20$ Additional Products NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on D Non-Specific Servers Monthly Subscriptions-VolumeLicense 20 $0.00 -$ 12 Month Total:4,681.20$ 26 Month Total:10,057.60$ Confidential.EA Monthly Subscriptions Thank you for the opportunity to quote.   Packet Pg. 306 Customer Name :Quote Date : Sold to :USDirectLgcy6/22/22 Manager 1 Contact : Contact Email :AcSu Address : Address : City : State :CA Zip :92418 Cloud Care Support :Advanced 1 Note : MS GM1 Month(s)Part Number QTY Unit Price Total Price costmsrp ## ##7EB5101B-CSP 45 37.20$ 1,674.00$ 2.6 3.3 ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ## ##-$ -$ ## ## ####-$ -$ #### 1,674.00$ Academic S 06-29-2022 11:14:11 10078222 AcademicSubscriptionsAdvanced72 The Cloud Solution Provider (CSP) Return Period for Software Offers is thirty (30) days from order date. Additionally, download links for software and software subscriptions purchased through Partner Center will have an expiry date of five (5) days from initial download. Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options. This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by both your company and Insight, in which case that to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by both your company and Insight, in which case that separate agreement will govern. Insight’s online Terms of Sale can be found at : http://www.insight.com/en_US/help/terms-of-sale-products.html Annual Payment Subscription Estimate : Advanced Cloud Care Support and Services: • 24/7 Technical Support for Admins and End-Users • Assisted on-boarding to our Cloud Management Platform (CMP) 6/29/2022 Microsoft Cloud Solution Provider Quote Faith Anderson City Of San Bernardino License Type : Client Executive : 10078222 Price List : Subscriptions • Best Practice Recommendations Product Description Office 365 A3 for faculty • Billing Support Microsoft Cloud Subscriptions Insight Direct, Inc. Annual 1 Year(s)Subscription Term : 300 N D ST San Bernardino Billing Frequency : 6820 S. Harl Ave Segment : Tempe, AZ 85283 800.467.4448   Packet Pg. 307 6 0 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Rolland Kornblau, Director of Information Technology Department:Information Technology Subject:Authorization to extend Granicus MinuteTraq contract from 7/1/2022 to 12/31/2022 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the contract with Granicus from 7/1/2022 to 12/31/2022 for $25,253.17 in order to allow time to transition to the new agenda management software, PrimeGov. Background The City has used Granicus MinuteTraq for a number of years and there is a great deal of data stored on their servers. A new data management system has been procured and is currently in place. Extending the contract for Granicus through the end of the year will allow time to acquire the data and post it to the PrimeGov system. Discussion Staff is requesting authorization to issue a Purchase Order for $25,253.17 which will extend the contract from 7/1/2022 through 12/31/2022. This time frame will allow staff to download the data from Granicus and move it to the PrimeGov system. 2021-2025 Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Software applications are maintained to achieve operational efficiencies and support the organizational effectiveness of evolving   Packet Pg. 308 6 0 0 processes. Fiscal Impact The cost of the annual support agreements has been included in the proposed FY 2022/23 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Finance Director to execute the contract with Granicus from 7/1/2022 to 12/31/2022 for $25,253.17 in order to allow time to transition to the new agenda management software, PrimeGov. Attachments Attachment 1 Granicus Signature Ward All Wards Synopsis of Previous Council Actions July 21, 2021 - Mayor and City Council adopted Resolution No. 2021-188, approving an agreement with IQM2   Packet Pg. 309 Granicus at Carahsoft 11493 SUNSET HILLS ROAD |SUITE 100 |RESTON,VIRGINIA 20190 PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)66CARAH WWW.CARAHSOFT.COM |SALES@CARAHSOFT.COM GOVERNMENT-PRICE QUOTATION PAGE 1 of 1 QUOTE DATE: QUOTE NO: 06/07/2022 34249754CONFIDENTIAL TO:Rolland Kornblau Director of Technology City of San Bernardino 290 N D St San Bernardino,CA 92401 USA Kornblau_Ro@sbcity.org (909)384-5947 EMAIL: PHONE: FROM:Christine Wilt Granicus Government at Carahsoft 11493 Sunset Hills Road Suite 100 Reston,Virginia 20190 EMAIL:Christine.Wilt@carahsoft.com PHONE:(571)662-3048 FAX:(703)871-8505 TERMS:FTIN:52-2189693 Shipping Point:FOB Destination Remit To:Same as Above Payment Terms:Net 30 (On Approved Credit) Cage Code:1P3C5 DUNS No:088365767 UEI:DT8KJHZXVJH5 Credit Cards:VISA/MasterCard/AMEX Sales Tax May Apply QUOTE NO:34249754 $25,253.17TOTALQUOTE: QUOTE DATE:06/07/2022 QUOTE EXPIRES: RFQ NO: SHIPPING: TOTAL PRICE: ESD $25,253.17 06/30/2022 LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 607- SS60AA&MT08CI01- R5 Granicus IQM2 -Agenda &Minutes T08 P100-250K 175K City/Town/Village Renewal -Annual Subscription (5th Renewal Term) Granicus -SS60AA&MT08CI01-R5 Start Date:07/01/2022 End Date:12/31/2022 $15,057.45 1 $15,057.451OM 607- SS60ACSTT09CI01- R5 Granicus IQM2 -Civic Streaming T09 P175k-250K City/Town/Village Renewal -Annual Subscription (5th Renewal Term) Granicus -SS60ACSTT09CI01-R5 Start Date:07/01/2022 End Date:12/31/2022 $5,937.82 1 $5,937.822OM 607- SS60ADBRT09CI01- R5 Granicus IQM2 -Digital Boardroom T09 P175K-250K City/Town/Village Renewal -Annual Subscription (5th Renewal Term) Granicus -SS60ADBRT09CI01-R5 Start Date:07/01/2022 End Date:12/31/2022 $4,257.90 1 $4,257.903OM $25,253.17SUBTOTAL: TOTAL PRICE: TOTAL QUOTE:$25,253.17 $25,253.17 DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 310 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States San Bernardino, CA Order #: Q-204610 Prepared: 06/02/2022 Page 3 of 12 Granicus Order Form for San Bernardino, CA Please note: This is not an invoice. This is a budgetary proposal that outlines the products and fees associated with the subscription renewal. Please inform the Granicus Contact listed below if you wish to issue a PO against this budgetary proposal. ORDER DETAILS Granicus Contact:Tania Dominguez Chon Email:tania.dominguezchon@granicus.com Order #:Q-204610 Prepared On:06/02/2022 Currency:USD Payment Terms:All fees set forth in the Quote from reseller/distributor to Client are due and payable in accordance with those terms. Use of the Products is governed by the terms of the Granicus Master Subscription Agreement or such other Agreement as agreed to by the parties. Period of Performance: 07/01/2022 - 12/31/2022 ORDER TERMS Current Subscription End Date:06/30/2022 DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 311 Order Form Prepared for San Bernardino, CA Order #: Q-204610 Prepared: 06/02/2022 Page 4 of 12 PRODUCT SUMMARY The specifications and terms within this Order Form are specific to the products and volumes contained herein. NOTE: Fees for the below Products will be as set forth in the quote from an authorized reseller. Renewing Subscriptions Solution Period of Performance Billing Frequency Quantity/Unit IQM2 - Civic Streaming 7/1/2022 to 12/31/2022 Annual 1 Each IQM2 - Digital Boardroom 7/1/2022 to 12/31/2022 Annual 1 Each IQM2 - Agenda & Minutes 7/1/2022 to 12/31/2022 Annual 1 Each DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 312 Order Form San Bernardino, CA Order #: Q-204610 Prepared: 06/02/2022 Page 5 of 12 TERMS & CONDITIONS ·The attached End User Licensing Agreement must be signed and returned with all necessary order documents. ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 313 Denver, CO 800.314.0147 St. Paul, MN 800.314.0147 Washington, DC 800.314.0147 United Kingdom +44.0845.467.2972 End User License Agreement This End User License Agreement (“Agreement”) is made and entered into as of the latter date of the signatures below (the “Effective Date”) by and between San Bernardino, CA (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Client and Granicus may each be referred to herein as “Party” or collectively as “Parties”. Whereas Client has entered into an agreement with a third party to purchase Granicus Products and Services (“Reseller”), by accessing the Granicus Products and Services, Client accepts this Agreement. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus’ sole discretion. Notification to Client will be via email or posting to the Granicus website. 1.Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: “Granicus Products and Services” means the products and services made available to Client pursuant to this Agreement, which may include Granicus products and services accessible for use by Client on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order. “Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Client agrees to purchase specific Granicus Products and Services via Reseller. “Order Term” means the then-current duration of performance identified on each Order, for which Granicus has committed to provide, and Client has committed to pay for via Reseller, Granicus Products and Services. 2.Use of Granicus Products and Services and Proprietary Rights 2.1.Granicus Products and Services. The Granicus Products and Services are purchased by Client, via a Reseller, as subscriptions during an Order Term specified in each Order. 2.2.Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Client hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order. 2.2.1.Data Sources. Data uploaded into Granicus Products and Services must be brought in from Client sources (interactions with end users and opt-in contact lists). Client cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing. 2.2.2.Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Client’s passwords. 2.2.3.Content. Client can only use Granicus Products and Services to share content that is created by and owned by Client and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 314 2 11/6/2020 support of programs or topics that are unrelated to Client, can be removed or limited by Granicus. 2.2.3.1.Disclaimers. Any text, data, graphics, or any other material displayed or published on Client’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. 2.2.4.Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Client or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. 2.2.5.Granicus Subscriber Information for Communications Cloud Suite only 2.2.5.1.Data Provided by Client. Data provided by Client and contact information gathered through Client’s own web properties or activities will remain the property of Client (“Direct Subscriber”), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of Client, unless required by law. 2.2.5.2.Granicus shall not disclose the client’s data except to any third parties as necessary to operate the Granicus Products and Services (provided that the client hereby grants to Granicus a perpetual, noncancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products and Services by the client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and Services and any other legitimate business purpose including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). 2.2.5.3.Data Obtained through the Granicus Advanced Network 2.2.5.3.1.Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client’s digital communication (the “Advanced Network”). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Advanced Network. 2.2.5.3.2.Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of any Granicus Order, SOW or Exhibit. Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Client within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 315 3 11/6/2020 2.2.5.3.3.Opt-In. During the last 10 calendar days of Client’s Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Client may send an opt-in email to Network Subscribers that shall include an explanation of Client’s relationship with Granicus terminating and that the Network Subscribers may visit Client’s website to subscribe to further updates from Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to Client upon termination. 2.3.Restrictions. Client shall not: 2.3.1.Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; 2.3.2.Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus Clients; 2.3.3.Client must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients; 2.3.4.Client must not use the Services as a door or signpost to another server. 2.3.5.Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order placed hereunder; 2.3.6.Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 2.3.7.Use the Granicus Products and Services for any unlawful purposes; 2.3.8.Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 2.3.9.Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 2.3.10.Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 2.4.Client Feedback. Client assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Client relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion. 2.5.Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Client. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 3.Representations, Warranties and Disclaimers 3.1.Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 3.2.Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “AS IS” and as available. 3.3.Disclaimers. EXCEPT AS PROVIDED IN SECTIONS 3.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 316 4 11/6/2020 ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 4.Confidential Information 4.1.Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. Each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. 4.2.Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. 4.3.Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Client provide such notice, Client must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Client. Client is ultimately accountable for the security and privacy of data held by Granicus on its behalf. DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 317 5 11/6/2020 4.4.Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Client understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups and for other reasons. 5.Term and Termination 5.1.Agreement Term. The Agreement Term shall begin on the Effective Date of the Agreement and continue for twelve (12) months. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the then-current annual term, the Granicus Products and Services will automatically renew at the end of each annual term for one (1) year. 5.2.Effect of Termination. If the Parties agree to terminate this Agreement and an Order is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders shall immediately terminate as of the Agreement termination date. 5.3.Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. 5.4.Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 6.Limitation of Liability 6.1.EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CLIENT DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 6.2.LIMITATION OF LIABILITY. EXCEPT FOR CLIENT’S BREACH OF SECTION 2.3, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. GRANICUS SHALL NOT BE RESPONSIBLE FOR DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 318 6 11/6/2020 ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. 7.General 7.1.Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 7.2.Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 7.3.Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 7.4.Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 7.5.Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 7.6.Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the state in which the Client is located, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the state in which the Client is located. 7.7.Entire Agreement. This Agreement, together with all Orders referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Client agree that any and all Orders are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other purchase documents; (4) Granicus response to Client’s request for RFI, RFP, RFQ; and (5) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543   Packet Pg. 319 7 11/6/2020 7.8.Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client’s name and logo in Client lists and marketing materials. 7.9.Injunctive Relief. Granicus is entitled to obtain injunctive relief if Client’s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. Granicus San Bernardino, CA By: By: (Authorized Signature)(Authorized Signature) Name:Name: (Print or Type Name of Signatory)(Print or Type Name of Signatory) Title:Title: Date:Date: (Execution Date)(Execution Date) DocuSign Envelope ID: 9EFE21EC-C8A0-45D2-A703-B6C79A97C543 Manager, Renewals 6/27/2022 Bernadette Foley   Packet Pg. 320 6 7 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation Subject:Skate Parks, Events, and Collaborations Update Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file. Background In April 2022, the East Side Skate Park was shut down due to increased damage to ramps from numerous fires inside the skate park. Damage created a liability for skaters to use the park safely. This closure caused increased concern from the skater community regarding a lack of skate spaces within the City. Parks, Recreation and Community Services Staff immediately began the community input phase of having the park reopened with new, modern and safe amenities. Staff have begun outreach to the skate community in San Bernardino and developed social media campaigns to increase awareness of skate options in the City. The Go Skate Day Contest was introduced on social media encouraging the City‘s residents to skate throughout the City, take photos of their location and use a #proud2beSB. Those who participated were entered to win donated items from local skate shops and gift cards to amazon and Starbucks. In addition, Staff continue to seek out opportunities for scholarships, grants, and funding sources for additional skate parks within the City. With an increased network in the skate world, larger skate companies and well-known skaters have begun to connect with staff and are helping to plan future events and skateboarding competitions at our sites.   Packet Pg. 321 6 7 1 Discussion Staff has completed the final edits of the Request for Proposal. Public Works released RFP mid-July with a due date of August 11, 2022. Upon completion of RFP and selection of design for the East Side Skate Park, staff will bring forward a timeline and plan for project completion to Council. Staff will continue to develop relationships with local and regional skate companies to assist in highlighting the positive aspects of skateboarding in underserved communities. Discussions with National Skate Organizations and Non-Profits have proven successful as the Tony Hawk Skate Park Project has written a letter of support for staff to include in all funding applications. Letters like these will provide more validity and impact in our story telling when requesting funds from various resources. Staff continue to be in discussions with community skaters to create collaborations for local skate events at Blair and Bryce Haynes Skate Parks. The Blair Skate Sesh is scheduled to take place on August 20, 2022 at Blair Park. This event will be supported by the Parks, Recreation and Community Services Department as we will provide Screen, Sound System, EZ Ups, trashcans and liners, coolers, ice, drinks and will also be waiving park permit fees for the event day. Public Works will support with ensuring that the area is sprayed for ants, the gates for parking are working properly, and that temporary lighting is provided for the evening of the event. The event community coordinator for this, Joey Dreads, is working with staff to ensure vendors for the event will have proper documentation and insurance to participate. It is our goal to provide support to this event so the skate community comes together in supporting the City in future efforts. 2021-2025 Strategic Targets and Goals The acceptance of the grant contribution and sponsorship aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation at our skate parks and events; and Goal No. 3: Improved Quality of Life whereby the community has access and introduction to skating amenities throughout the City. Fiscal Impact The event support from the City will have minimal fiscal impact. Currently, budget will provide $3,000 yearly for skate event support in addition to waiving park rental permit fees on an as needed basis. Conclusion Receive and File. Attachments Attachment 1-The Skate Park Project- Letter of support for San Bernardino Skate Parks. Ward: All Wards   Packet Pg. 322 6 7 1 Synopsis of Previous Council Actions: N/A   Packet Pg. 323 July 8th, 2022 To Whom It May Concern: We are proud to support the exemplary community efforts towards a contemporary concrete action sports facility in San Bernardino, CA. This letter is in support of the San Bernardino collective’s efforts to obtain funding for the construction of the facility, and for the continued use of best practices by local volunteers and municipal officials. We’ve worked closely with passionate members of the San Bernardino community to help them ensure the skatepark project is completed efficiently and up to contemporary standards. They’ve created a platform for the voices of the local action sports community to be heard, and a pathway for them to experience meaningful civic engagement. Not only will these folks be immersed in local government, public policy and project planning, but it’s a collective endeavor that will result in a truly unique space that serves the community for decades. We’re confident the project will continue to follow the path of best practices, including the hiring of specialist skatepark design and construction firms to adequately execute the community’s vision. As the leader in skatepark advocacy training and skatepark grant funding in the United States, we do our best to help communities (here and abroad) work toward better public space for their youth. With approximately 4,000 skateparks in our nation, we are seeing lasting value in these facilities through their ability to draw teenagers and young-adults off the streets, off of their couches, out of trouble and into a healthy, active setting that strengthens the individual and the local community. We’ve seen and experienced the many benefits a public skatepark brings to a community – the creation of habitual exercise habits outside of league restrictions or age, community interaction and social cohesion outside the boundaries of wealth, race, religion or creed, and the development of perseverance and creative expression that’s carried into user’s lives long after the skatepark session is over. It’s clear to us that the resulting facility from a project like this will enhance the quality of life in the community for decades to come. Having access to an attractive and functional space with little barrier to entry goes a long way toward community cohesion and positive health outcomes. We, at The Skatepark Project, applaud any organization’s commitment to support and engage with the local action sports community. We feel the San Bernardino skatepark project is worth supporting, and look forward to seeing who in the area has stepped up to help create a space that changes lives and transforms a community. Please feel free to reach out to me if you have any questions about the public skatepark process, or if we can help in any way. Sincerely, Andre Charles Taylor Programs Coordinator The Skatepark Project www.skatepark.org (760) 477-2479 andre@skatepark.org   Packet Pg. 324 6 5 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Lydie Gutfeld, Director of Parks and Recreation Department:Parks & Recreation Subject:Ratification of Grant Application for the Corporation for National and Community Service’s Senior Companion Program Recommendation Adopt Resolution No. 2022-180 of the Mayor and City Council of the City of San Bernardino, California, approving the ratification of the submission of a grant application for Year Two of a 3-Year grant with the Corporation for National and Community Service’s Senior Companion Program, Accept the Grant Award in the amount of $332,662, and Appropriate the Grant Funds for the Period of July 1, 2022 through June 30, 2023. Background Since 1975, the City has participated in the federally funded Senior Companion Program (SCP), whereby Senior Companion Volunteers have assisted the City’s senior adult residents with physical, emotional, and/or mental health limitations or needs. Most of the residents are elderly and without family. This is the second year of a 3-Year grant cycle (07/01/2021 – 06/30/2024) administered by the Corporation for National and Community Service (AmeriCorps Seniors). This grant will enable the City to continue to provide these services that enable Volunteer Companions ages 55 years and older to provide senior-age residents (clients) with independent living assistance. Throughout 2021–2022, approximately 29 Senior Companion Volunteers provided 71 clients with 20,985 hours of service. They have assisted clients with chronic care disabilities, emotional impairment, visual impairment, and provided respite care for their families.   Packet Pg. 325 6 5 4 Discussion Senior Companion Volunteers provide companionship, grocery shopping, transportation to medical appointments and personal errands, and relief for family caregivers. Volunteers must be 55 years of age or older, meet established income eligibility guidelines, and pass a criminal background check. They serve between 15 to 40 hours per week and receive an hourly stipend of $3.15 per hour, as well as the following incentives: accidental liability and excess automobile insurance coverage, assistance with the cost of transportation, and onboarding physical examinations. In addition, the Senior Companion Volunteers report experiencing a sense of purpose in contributing to their community while benefiting from an increased active lifestyle as they perform these critical services for seniors. The FY 2022–2023 Grant Award of $332,662 is for the period of July 1, 2022, through June 30, 2023. It is included in the FY 2022–2023 Budget and Budget Narrative and is Year Two of a 3-year grant cycle (2021-2024) for the administration and operation of the Senior Companion Program. The proposed budget also specifies the City’s obligated grant match. The grant match requirement is a minimum of 10% of the total awarded amount. These funds are included in the City’s FY 2022–2023 adopted budget. 2021-2025 Key Strategic Targets and Goals The grant submission for the Senior Companion Program aligns with Key Target No. 1: Financial Stability by securing a long-term revenue source, and creating a framework for spending decisions; Key Target No. 2: Focused, Aligned Leadership and Unified Community by implementing a community engagement plan that builds a culture that attracts, retains, and motivates the highest quality volunteers; Key Target No. 3: Improved Quality of Life by providing assistance to seniors in the community; and, Key Target No. 4: Economic Growth and Development by using federal grant funding to develop a branding and marketing campaign to recruit volunteers that provide assistance to our most vulnerable citizens as we have for the past 47 years. Fiscal Impact The FY 2022–2023 budget includes City-funded program costs in Account No. 001- 380-0509 to fulfill the City’s grant match obligation in the amount of $141,841, and to fund the program at the level it has historically operated. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-180 approving the ratification of the submission of a grant application for Year Two of a 3-Year grant with the Corporation for National and Community Service’s Senior Companion Program, Accept the Grant Award in the amount of $332,662, and Appropriate the Grant Funds for the Period of July 1, 2022 through June 30, 2023. Attachments Attachment 1 Resolution 2022-180, 2022-2023 Senior Companion Program   Packet Pg. 326 6 5 4 Grant, 2nd Year Attachment 2 2021-2022 SCP Grant Application Attachment 3 2022-2023 SCP Notice of Grant Award Attachment 4 2022-2023 SCP Grant Budget & Budget Narratives Ward: All Wards Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council approved Resolution No. 2021-153 ratifying the grant application submittal, accepting the grant award of $324,812 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2021 through June 30, 2022. July 15, 2020 Mayor and City Council adopted Resolution No. 2020-170 ratifying the grant application submittal, accepting the grant award of $324,812 and authorizing the Director of Finance or designee to amend the FY2020/21 adopted budget accordingly for the Senior Companion Program for the period of July 1, 2020 through June 30, 2021. September 18, 2019 Mayor and City Council Approved Resolution No: 2019-291 ratifying the grant application submittal, accepting the grant award of $302,177 and related match requirements, appropriate grant revenue expenditures, and re-allocating grant match expenditures for the Senior Companion Program for the period of July 1, 2019 through June 30, 2020.   Packet Pg. 327 Resolution No. 2022-180 August 17, 2022 Page 1 of 3 RESOLUTION NO. 2022-180 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE SUBMISSION OF YEAR TWO OF A 3- YEAR GRANT APPLICATION WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICES SENIOR COMPANION PROGRAM; ACCEPTING THE GRANT AWARD WHEREAS, the City submitted a Grant Application for federal assistance on March 10, 2022, requesting funding for Year TWO of a 3-Year Grant Allocation for the Senior Companion Program; and WHEREAS, the Notice of Grant Award was received by the City for the Senior Companion Program on June 7, 2022; and WHEREAS, the City has participated in the federally funded Senior Companion Program for 47 years; and WHEREAS, individuals ages 55 years and older provide services that promote independent living of senior-age residents who have physical, emotional, or mental limitations and needs that prevent them from fulfilling daily living tasks; and WHEREAS, 29 individual Senior Companion Volunteers assisted 71 residents with 20,985 service hours. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference; and SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby ratify the submission of a grant application for year two of the Corporation of National and Community Service’s (AmeriCorps Seniors) Senior Companion Program (SCP) in the total amount of $466,653; and SECTION 3. That the Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $332,662; and SECTION 4. That the grant award and matching funds, together totaling $474,503, are for operation of the Senior Companion Program from July 1, 2022, through June 30, 2023. 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.   Packet Pg. 328 Resolution No.2022-180 Resolution No. 2022-180 August 17, 2022 Page 2 of 3 6 9 0 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 17th day of August 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 329 Resolution No.2022-180 Resolution No. 2022-180 August 17, 2022 Page 3 of 3 6 9 0 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. 2022-180, adopted at a regular meeting held on the 17th day of August 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 330 Page 1 STATE APPLICATION IDENTIFIER: 21SCICA004 FEDERAL IDENTIFIER: 22SC244754 2b. APPLICATION ID: 3. DATE RECEIVED BY STATE: 03/10/22 4. DATE RECEIVED BY FEDERAL AGENCY: San Bernardino, California, City ofLEGAL NAME: 290 N D ST Jamie DanielsNAME: (909) 384-5132 TELEPHONE NUMBER: (909) 889-9801 FAX NUMBER: daniels_ja@sbcity.orgINTERNET E-MAIL ADDRESS: 956000772 6. EMPLOYER IDENTIFICATION NUMBER (EIN):7. TYPE OF APPLICANT: 8. TYPE OF APPLICATION (Check appropriate box). If Amendment, enter appropriate letter(s) in box(es): 94.01610a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: Senior Companion Program10b. TITLE:SCP of San Bernardino 11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: San Bernardino County: The San Bernardino Valley cities of San Bernardino, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, Colton, Blooming 12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc): 07/01/21START DATE:06/30/24END DATE:CA 31 $ 332,662.00a. FEDERAL $ 141,841.00b. APPLICANT $ 0.00c. STATE $ 141,841.00d. LOCAL $ 0.00e. OTHER $ 474,503.00g. TOTAL Mitchell J. Assumma a. TYPED NAME OF AUTHORIZED REPRESENTATIVE:b. TITLE: (909) 384-5413 c. TELEPHONE NUMBER: 05/31/22 e. DATE SIGNED: Local Government, Municipal 2a. DATE SUBMITTED TO CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS): 1. TYPE OF SUBMISSION: Non-Construction 5. APPLICATION INFORMATION NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes): ADDRESS (give street address, city, state, zip code and county): A. AUGMENTATION B. BUDGET REVISION C. NO COST EXTENSION D. OTHER (specify below): 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 13. PROPOSED PROJECT:14. CONGRESSIONAL DISTRICT OF: 15. ESTIMATED FUNDING:16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? YES if "Yes," attach an explanation.NOX 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. APPLICATION FOR FEDERAL ASSISTANCE San Bernardino CA 92401 - 1734 NEW CONTINUATION AMENDMENTX 7b. 7a. 03/10/22 Local Government - Municipal f. PROGRAM INCOME $ 0.00 PART I - FACE SHEET DUNS NUMBER:073604563 Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)Application NEW/PREVIOUS GRANTEE 11.b. CNCS PROGRAM INITIATIVE (IF ANY): X NO. PROGRAM IS NOT COVERED BY E.O. 12372 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: Year #: X 2 a.Applicant b.Program CA 31 County: UEI NUMBER:EJLMHR1CMKM7   Packet Pg. 331 Page 2 For Official Use Only Narratives Executive Summary Strengthening Communities An estimated 50 AmeriCorps Seniors SCP volunteers will serve. All 50 AmeriCorps Senior Volunteers will be placed in Outcome assignments. Some of their activities will include Companionship, Light Housekeeping, Assistance with Meal Prep/Nutrition, Transportation, Family Caregiver Respite and Social Activities. The primary focus area of this project is Healthy Futures. At the end of the three-year grant, all independent in-home clients are expected to be less socially isolated and able to remain living at home for a longer period of time; all respite clients are expected to allow family caregivers the ability to go to work/attend to personal affairs. The AmeriCorps federal investment of $332,662 will be supplemented by $135,460 from the City of San Bernardino General Fund with an excess amount of $6,381. The City of San Bernardino Senior Companion Program (SCP) in California utilizes low-income seniors to assist socially isolated, frail elderly, disabled adults in Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa. AmeriCorps Senior Volunteers will serve to allow disabled adults the ability to remain independent in their homes and family caregivers respite to avoid caregiver burnout. Visually impaired clients will receive assistance with reading and writing and clients who are a fall risk will receive assistance ambulating. The City of San Bernardino Fifth Street Senior Center and the Perris Hill Senior Center Stations' volunteers serve 75% of the City of San Bernardino SCP clientele; specifically socially isolated, disabled adults. The remaining 25% of City of San Bernardino SCP clients are involved with Volunteer Station San Bernardino Adult Day Health Care Center for adults with developmental disabilities and adults with dementia and with the Inland Caregiver Resource Center. * DESCRIBES AND DEMONSTRATES THE COMMUNITY NEED. The 2019 U.S. Census Bureau estimates state that there are 242,841 (11.3%) people who are 65 years and older in San Bernardino County with 34,099 (14%) of them living alone. The City of San Bernardino Senior Companion Program area of service is the Inland Empire region of the County. The Inland Empire is located in the inland valley area of the county. In San Bernardino County there are 16% of individuals and families living below the poverty level, which is 4.2% higher than the entire State of California. Our SCP is currently serving 11 communities within San Bernardino County; The San Bernardino Valley cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands,   Packet Pg. 332 Page 3 For Official Use Only Narratives Rialto, San Bernardino, Bloomington, Mentone, and Yucaipa. Information obtained from the 2019 Census of the U.S. Census Bureau estimates indicate the population of the communities served is 832,470 and encompasses a 248.4 square mile area. The estimated amount of residents over the age of 65 is 85,486 (10.2%). The estimates indicate that 39, 080 (4.7%) of the population are Veterans. The population by ethnicity is 60.7% Hispanic or Latino, and 39.3% Non-Hispanic or Latino. The population by race is 56.7% White, 9.7% African American, 5.7% Asian, 0.7% American Indian and Alaskan Native, 0.3% Native Hawaiian and Pacific Islander, 22.2% some other race alone, and 4.6% identified by two or more. The community served includes mostly low-income homebound older adults and individuals with disabilities. According to the 2019 U.S. Census Bureau, estimates indicate 141,962 (17.1%) of the population in the communities served are below the poverty level. Disability population statistics for San Bernardino County indicates there are is 236,393 (11%) that have a disability and in the community served the population statistics with a disability is 88,028 (10.2%). Approximately 80% of all calls received by the SCP staff and station supervisors are by individuals with sight impairment as their disability, have lost their ability to drive, and are in need of transportation; this statistic has nearly doubled since March 2020. Our SCP volunteers will assist in the primary focus area of Healthy Futures by providing homebound or older adults and individuals with disabilities with transportation and other services to allow them to better live independently. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities as well as to delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation or depression and a decline in functional abilities in frail elderly and disabled adults in the community. People generally are social by nature, and social relations can help them live longer, healthier lives. The daily dynamics associated with the coronavirus pandemic has certainly challenged the effectiveness of our volunteers' activities. Companionship and socialization are important tools in combating loneliness and preventing negative health and medical conditions associated with loneliness. The Center for Disease Control and Prevention (CDC) in November 2020 reported poor social relationships (characterized by social isolation or loneliness) are associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. Inland Caregivers Resource Center, Pacific Hospice, and The Visiting Nurses Association have identified respite services for caregivers as the most pressing community need in the Inland Empire. Furthermore, SCP volunteers will provide respite   Packet Pg. 333 Page 4 For Official Use Only Narratives service to caregivers which will improve social ties or perceived social support. From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism as a result of the coronavirus provide a "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them. * ARTICULATES A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently. Some SCP volunteers will also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person. SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no site and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e- mails or letter writing. Many seniors in our service area are homebound for these reasons with no close family or neighborly contacts that only have the daily wellness checks conducted by the volunteer Companion as their sole contact with the outside world. These social checks give hope and fight the negative effects of depression upon both the physical and mental health of the client, not to mention the benefits that this altruistic behavior extends to the volunteer. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs   Packet Pg. 334 Page 5 For Official Use Only Narratives and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported. * LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE. o THE COMMUNITY NEED(S) IDENTIFIED; The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. The Adult Day Care Facility/Program is in need of volunteers to provide companionship to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities. Caregivers are in need of respite services to allow them short term, temporary relief from the stresses of caregiving and of an increase in social support of the client. o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS; AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff and Advisory Council members will routinely conduct annual client and caregiver surveys that measure desired national outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided. o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN; 10 unduplicated volunteers, at one site, will provide respite services/companionship service to 30 caregivers with 20 individuals of older adults and individuals with disabilities reporting having   Packet Pg. 335 Page 6 For Official Use Only Narratives increased perceived social support. 40 unduplicated volunteers, at three sites, will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 150 individuals with 130 individuals served reporting having increased social ties or perceived social support. Target numbers are based on 3-4 outputs per volunteer and outcomes are based on prior years of clients not being about to be reached to survey. * WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS. SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver satisfaction surveys in addition to direct VSY data. * WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer¿s Association, Lighthouse for the Blind, Meals-on-Wheels, Family Service Agency, other various Community organizations, and other Senior Centers. The Program has a good history of meeting its VSY benchmarks, with a FY2021-2022 Volunteer Recruitment Plan in place. Even with the challenges faced by an entire country due to the coronavirus pandemic, SCP Companion   Packet Pg. 336 Page 7 For Official Use Only Narratives Recruitment and Development volunteers, while in a vulnerable population for the virus that has been impacted in a deadly manner, are ready, willing, and able to help their communities recover from the pandemic. The City has already taken precautionary measures in identifying alternative service activities as well as providing personal protective equipment and materials to both the volunteer and the clients, along with incorporating safe and healthy protocols as recommended by the CDC for controlling and mitigating the negative health effects of the virus. * YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN. SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our monthly In-Service training, and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training includes, but is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals. As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts in a virtual format, at least until such time as training can be effectively done so in a socially distanced manner. Access to a computer or smartphone and how to use each will be a priority to the extent possible, as the older generation needs greater assistance and patience in learning new technology. Sign-in sheets will be used to monitor volunteer involvement. * THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A   Packet Pg. 337 Page 8 For Official Use Only Narratives VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED. o o The SCP staff will recruit at many community outreach events (as the COVID-19 restrictions will allow), health fairs, and other venues/networks with local agencies for new volunteers. We will advertise in the City website page, on several local electronic marquees, local hard-print media sources as well as several social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies), community service groups who tend to have older board members, and other senior living facilities. A connection with the community outreach departments of California State University, San Bernardino is planned and will grow as the University opens more communication avenues with the opening of previously closed campus activity due to the coronavirus. As the majority of Companion volunteers are of black decent in San Bernardino, both the Black Chamber of Commerce and the Black Alumni Association of Cal State San Bernardino will also be a source of recruitment. o INDIVIDUALS FROM DIVERSE RACES, ETHNICITIES, SEXUAL ORIENTATIONS, OR DEGREES OF ENGLISH LANGUAGE PROFICIENCY The SCP staff recruits for volunteers with no restrictions on the basis of formal education, experience, race, color, national origin including limited English proficiency, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. Individuals with bi-lingual skills in Spanish are highly sought due to a large number of Spanish-speaking residents in the Inland Empire service area. Currently there is Spanish-speaking staff at the 5th Street Senior Center where the Program Office is located, and there is at least one Spanish-speaking station supervisor and several volunteer Companions that assist with prospective volunteers. o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit   Packet Pg. 338 Page 9 For Official Use Only Narratives Program Management veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES The SCP staff will assist volunteers with disabilities to accommodate their need such as reading for volunteers who are illiterate or accommodating work assignments to meet the ability of volunteer¿s limitations such as provision of a walker or cane. SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings to recruit individuals with age-related disabilities. o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers SCP staff verify age with the volunteers Government-issued driver¿s license or identification card. * YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS. SCP staff, with the assistance of the SCP Advisory Council, will plan, coordinate, and hold an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, and volunteers are recognized for the top most volunteer hours. We also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. We also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have birthdays in that month, sharing a birthday song and cake. We receive many In-Kind donations for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an ¿Open Door¿ policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality. * THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER STATIONS ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH   Packet Pg. 339 Page 10 For Official Use Only Narratives AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES). Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic volunteer station visits and interaction with the volunteer supervisors we are able to see the work that is being done to identify and prevent prohibited activities. Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included. The information of the Site Supervisor will be periodically updated as the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The Program Manager will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the program manager will research organizations in the service area to recruit new stations in line with work plans and regulations. At this time we have 4 volunteer stations which meet the needs of the program, but are in the process of building new relationships both for outreach (volunteer/client recruitment) and potential new volunteer stations to serve the community directly as we refine the changes which have already been implemented. * YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES. SCP staff will perform quarterly volunteer station visits. During those visits client and or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site   Packet Pg. 340 Page 11 For Official Use Only Narratives Organizational Capability Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible to approve timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported. * YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers have provided volunteer service to the City of San Bernardino for over forty years. Since the beginning of receiving funding from Action and then CNCS, the program has always provided personal one-on-one service to senior citizens, then to disabled adults, and then to caregivers. SCP Volunteers provide companionship, nutrition/food support, transportation and medical services to individuals served who have reported as having significantly increased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies. Most recent performance measurements have been reported in E-grants. * YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES, REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES. o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance   Packet Pg. 341 Page 12 For Official Use Only Narratives Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. o ACCOUNTABILITY The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers. The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES The City of San Bernardino SCP has worked and continues to work with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers.   Packet Pg. 342 Page 13 For Official Use Only Narratives The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978-Present; San Bernardino Head Start Program -- 1992- 2009; Nutrition Network Program -- 1998-2016; San Bernardino Mentoring Program -- 1992-2009; RSVP (Retired Senior Volunteer Program) -- 1975-Present; SCP (Senior Companion Program) -- 1975-Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present. * CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE) IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES. The City Manager's Office oversights most city services, including that of the SCP and all grant- funded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Jim Tickemyer), the Community Recreation Manager (Mitch Assumma), the Community Service Center Supervisor (LaKeisha Jackson), and the SCP Manager (Jamie Daniels), the SCP Coordinator of Volunteers (Ellyse Martinez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The Program Manager - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting volunteer station visits, maintaining budget and expenditure records, grant reporting in E- grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Manager in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs. The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over ten years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree   Packet Pg. 343 Page 14 For Official Use Only Narratives Other in Public Administration, and a Bachelor's Degree in Recreation Administration. * YOUR ORGANIZATION¿S CAPACITY TO: o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING. The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES. The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principals. None   Packet Pg. 344 Page 15 For Official Use Only Narratives PNS Amendment (if applicable) Not applicable   Packet Pg. 345 Page 16 For Official Use Only Performance Measures % of Unduplicated Volunteers in Work Plans that result in Outcomes: % of Unduplicated in the Primary Focus Area: 100% 100% Healthy Futures Aging in Place 3 40 50 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.1Performance Measure: Focus Area: Companionship CompanionshipService Activity: Service Activity Description:Volunteers will provide companionship, nutrition/food support, transportation and medical services practicing safe volunteering procedure and following required precautions to ensure their safety as well as the safety of the client they serve. Volunteers at the Adult day care will provide companionship and social interaction. Volunteers under the flexibilities to serve service activities for COVID-19 volunteers will provide telephone or video chats, delivery of groceries, medications, meals or other essential items to homebound or isolated seniors. SCP Volunteers will serve between 4-8 hours and 10-40 hours per week at the client’s home or Adult Day Health Care. A recent study by the California Department of Aging (2020) estimated that 38% of women and 35% of men over the age of 65 need some form of assistance with personal care including assistance getting food and medications and transportation assistance getting to medical appointments. Isolation increases the risk of mortality, negatively affect both physical and mental health and lead to loss of the ability to stay independent, according to the senior living blog from A Place for Mom. The Center for Disease Control and Prevention (CDC) in November 2020 reports that poor social relationships (characterized by social isolation or loneliness) were associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. According to the 2019 Census of the U.S. Census Bureau in San Bernardino County, 14% of those age 65 years and older (34,099) live alone. With 10.2% of the population in the service area over the age of 65 and 17.1% of the population in the service area living below the poverty level, the need is strong for SCP companions to assist clients to continue to live independently in their own homes through companionship, transportation assistance, help to receive medical services, and nutrition/food support. An additional place to provide companionship is through adult day care. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities and delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation and depression and a decline in functional abilities in frail elderly and disabled adults in the community. As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun wit Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 150 Tracking SystemTarget:How Measured: Instrument Description:Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month. Tracking System140Target:How Measured: Instrument Description:A survey collected each year to determine how many individuals served report having increased social ties or   Packet Pg. 346 Page 17 For Official Use Only Healthy Futures Aging in Place 1 10 10 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.1 3.1 Performance Measure: Performance Measure: Focus Area: Companionship Respite Services Respite ServicesService Activity: Service Activity Description: More than one in five Americans (21.3%) are caregivers and more family caregivers (26%) have difficultly coordinating care which is up 19% from 2015 (AARP, National Alliance for Caregiving – May 14, 2020). The article also states that 23% of caregivers have reported their own health has worsened from caregiving without respite. With this being a very difficult and stressful situation (even without the effects of COVID-19) family caregivers are in need of respite service to avoid caregiver burnout. In fact, many of these caregivers are part of the Sandwich Generation, people who have children, demanding jobs, and aging parents. Many of these families do reach out for help in the form of respite care and longer term hourly and live-in care, which demonstrates why the non-medical home care is so important and needed. The Inland Caregivers Resource Center (ICRC), Pacific Hospice, and the Visiting Nurses Association have identified respite services for caregivers as one of the most pressing community needs. Request to agencies for caregiver respite services are rapidly increasing, causing waiting lists for these services. Demographic projections indicate that demand will continue to increase in the future. Senior Companions are needed to provide respite services to caregivers. In late March of 2020, our country was plunged into a series of events that have not been experienced in modern history in the form of COVID-19. As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun with families who in the past donated to such organizations now needed the services of them, education systems which are having to redefine how learning will take will take place in the future and in the most simplest terms a complete overflow of citizens needing services from our nation’s health care system. In San Bernardino County as of February 8 Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for inde H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated Anticipated 30 Tracking SystemTarget:How Measured: Instrument Description:Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month. Tracking System Tracking System 140 20Target: How Measured: How Measured: perceived social support. This will be conducted by SCP staff and Advisory Council members.   Packet Pg. 347 Page 18 For Official Use Only 3.1Performance Measure:Respite Services H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated Tracking System20How Measured: Instrument Description:A survey will be collected each year to determine how many individuals served report having increased social ties or perceived social support. Conducted by SCP staff and Advisory Council members.   Packet Pg. 348 Page 19 For Official Use Only Required Documents Cost share or matching fund verification letters Applicant Operational and Financial Management Survey (OFMS) Tribal organization eligibility (see Section C.1. Eligible Applicants) Document Name Not Applicable Already on File at CNCS Not Applicable Status   Packet Pg. 349 Page 20   Packet Pg. 350 Page 1 For Official Use Only The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Purpose 94.016CFDA No.: 290 N D ST San Bernardino CA 92401-1734 21SCICA004Agreement No.: 1Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 07/01/2021 - 06/30/2024Performance Period: 07/01/2022 - 06/30/2024Budget Period: Corporation for National and Community ServiceNotice of Grant Award Award Information Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://americorps.gov/sites/default/files/document/FY2022-General-Terms-Conditions-508-20211119.pdf and the Program Terms and Conditions found at https://americorps.gov/sites/default/files/document/20220228_2022FGP- SCPProgramSpecific508TC.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance Funding Information Previously Awarded This Year This Award/ Amendment $170,025 $0Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $162,637 $0 Total Available $332,662 $0 Total CNCS Funds Awarded to Date Cumulative Funding for Project Period Total Awarded in Previous Amendments $324,812 Senior Companion Program $494,837 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 Total Current Year $170,025 $162,637 $332,662 For Official Use Only Funding Source and Amount 2022--OPE1-P77-OPO-26000-4101 $170,025.00 Grant Year:2 Year 2 073604563DUNS: EJLMHR1CMKM7UEI: Award Description This award funds the approved 2022–23 SCP program. Your 2022–23 statutory match is 10% and your budgetary match is 28.9%. This award begins the second year of your proposed project period of performance. This award action adds permanent funding to increase the stipend amount from $3.00 to $3.15 per hour and also includes a permanent administrative increase of $7,850.00. These funding augmentations changes the Total Federal funding amount to $ 332662.00 .   Packet Pg. 351 Page 2 For Official Use Only CFDA No.: Spencer McMaster Rogelio Armendariz 290 N D ST San Bernardino CA 92401-1734 21SCICA004Agreement No.: 1Amendment No.: San Bernardino, California, City of Grantee 956000772EIN: 07/01/2021 - 06/30/2024Performance Period: 07/01/2022 - 06/30/2024Budget Period: Stacy Bishop Notice of Grant Award Award Information with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Senior Grants Officer Grants Officer Program Officer Senior Companion Program 06/07/2022 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 For Official Use Only Grant Year:2 073604563DUNS: Jamie Daniels Project Director Mitchell J. Assumma Certifying Official/Executive Officer Signature Award Date San Bernardino, California, City of Legal Applicant EJLMHR1CMKM7UEI: Corporation for National and Community Service:   Packet Pg. 352   Packet Pg. 353   Packet Pg. 354   Packet Pg. 355   Packet Pg. 356   Packet Pg. 357 6 8 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Darren Goodman, Chief of Police Department:Police Subject:Purchase of Laser Scanning Equipment Recommendation Adopt Resolution No. 2022-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement. Background The San Bernardino Police Department receives formulary grant funds from the Edward Byrne Justice Assistance Grant (JAG) as a sub-recipient of the County of San Bernardino. This grant is intended to support state, tribal, and local law enforcement agencies by providing funding to support a wide variety of program areas and equipment purchases. For fiscal year 2017, the San Bernardino Police Department was awarded $164,477 in JAG funds and the Police Department intended to use the full grant award amount for the purchase of laser scanning equipment to improve its crime scene documentation capabilities. In 2017, the federal government imposed conditions on federal grant awards, requiring agencies receiving funds to participate in immigration enforcement. The requirement was challenged in court, but this caused a delay in the receipt of funds by several years, delaying the purchase of the laser scanning equipment. In July of 2022, the 2017 funds were made available to the San Bernardino Police Department for spending and the Police Department is now seeking   Packet Pg. 358 6 8 4 to move forward with the equipment purchase. Currently, when major incidents such as homicides of fatal traffic collisions take place, investigative personnel assume the investigation from patrol officers. They are responsible for the entire investigation, including the documentation of the crime scene or collision site, the surrounding area, and any evidence or items of importance located within the area. Investigators identify evidence, items of importance, and features of the scene that they believe are relevant based on the facts known at the time of the investigation and by anticipating what might become relevant to the investigation in the future. They document the location and condition of these items through a crime or collision scene diagram, photographs of the scene, and sometimes include satellite map images. This process relies on the investigator’s best judgement, experience, their knowledge of the incident at the time of their investigation, and their ability to anticipate what might become relevant as the investigation progresses. On some occasions, information is revealed during later stages of the investigation that causes something within the scene, or a feature of the scene, to become relevant to the investigation. In a large majority of cases, investigators are able to accurately forecast what might become relevant at a later point and include it in their scene documentation and crime scene diagram. On a small number of occasions though, these changes cannot be foreseen and the opportunity to document that information is lost due to the passage of time. When this takes place, the Police Department must rely upon photographs taken at the scene during the initial investigation to fill in those gaps. Proper documentation of a scene is also time-consuming process that requires taking measurements at the scene during the initial investigation and recreating the crime scene through a scale diagram using diagramming software. This process starts when investigators take several hours to obtain measurements of the crime scene and the evidence located in it. The impact of this lengthy process can be felt through personnel costs and extended scene or road closures experienced by the public. The expenditure of time continues when the investigator creates the scene diagram. Even when using digital drawing software, the diagram drawing process can take several hours to complete. When scenes are complex, contain a large volume of evidence, span a larger area, or for incidents involving multiple scenes, the diagramming process can take multiple days to complete. Despite the time it takes for this process, it is vital for the presentation of cases to the District Attorney’s Office or a jury during prosecution or civil litigation. Laser scanning technology has been used by neighboring law enforcement agencies for over a decade and the devices have proven their worth in accuracy and time savings. They have become standard law enforcement equipment for most law enforcement agencies and on previous occasions, such as the terrorist attack at the Inland Regional Center in 2015, the Police Department has been forced to borrow this type of technology to document crime scenes. The purchase of laser scanning equipment is authorized within the parameters of the JAG program and will assist with   Packet Pg. 359 6 8 4 modernizing the Police Department. Discussion The San Bernardino Police Department constantly seeks new methods and technology to improve efficiency, service delivery to residents, and the quality of investigations into criminal activity. As part of that effort, the Police Department is seeking to purchase laser scanning equipment to aid its investigations into homicide and fatal traffic collision investigations. This technology is expected to reduce the amount of time spent by personnel on taking measurements at crime or collision scenes and creating the related scene diagrams, while also improving the quality and completeness of the resulting diagrams and scene representations. Laser scanning devices can assist with both the time spent on and the thoroughness of crime scene documentation process. They offer relief for the cost and time spent by eliminating the need for an investigator to spend hours manually obtaining measurements during the initial scene investigation. The scanning devices also save the additional hours or days that investigators spend preparing a scene diagram. Instead, laser scanning devices more reliably document crime and collision scenes in the time it takes to complete the necessary scans and then download images captured by the scanner as either 2D drawings or 3D scene renditions. This is expected to save anywhere between 15 and 30 personnel hours per homicide and approximately 18 to 40 personnel hours per fatal collision investigation. Based on these advantages, the Police Department has determined that purchasing laser scanning equipment would be beneficial. In July of 2022, the Finance Division hosted an open bidding process for the purchase of laser scanning equipment. Two companies submitted bids. Among the bids received one company was not able to provide all of the components specified in the bid solicitation. The single company capable of meeting all bid specifications, FARO Technologies was selected as the winning bidder. 2021-2025 Strategic Targets and Goals The request to spend grant funds for the purchase of laser scanning technology aligns with the following strategic targets and goal: 3. c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The fiscal impact to the City is an expenditure of $95,000.00 from 2017 JAG grant funds which were previously incorporated in the FY2020/21 Adopted Budget and have been carried over successive years into the FY2022/23 Adopted Budget. Conclusion   Packet Pg. 360 6 8 4 It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement. Attachments Attachment 1 Resolution No. 2022-181 Attachment 2 RFQ and FARO Proposal Attachment 3 Purchase Agreement Attachment 4 Exhibit C to Purchase Agreement Ward All Wards Synopsis of Previous Council Actions September 2, 2020 Mayor and City Council adopted a resolution to accept JAG funds for FY 2017, 2018, and 2019   Packet Pg. 361 Resolution No. 2022-181 Resolution 2022-181 August 17, 2022 Page 1 of 3 7 6 4 RESOLUTION NO. 2022-181 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FARO TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $95,000 FOR THE PURCHASE OF LASER SCANNING TECHNOLOGY AND AUTHORIZING THE FINANCE DIRECTOR TO ISSUE A PURCHASE ORDER IN CONNECTION WITH SAID AGREEMENT WHEREAS, the City of San Bernardino has been awarded Edward Byrne Justice Assistance Grant funds in the amount of $164,677; and, WHEREAS, The Police Department is seeking to use a portion of those grant funds for the purchase of laser scanning equipment; and, WHEREAS, The Finance Department conducted an open bid process for the purchase of laser scanning equipment, resulting in the selection of FARO Technologies, 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 City Manager is hereby authorized to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning equipment. SECTION 3. The Director of Finance is hereby authorized and directed to issue a purchase order to FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning equipment. 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.   Packet Pg. 362 Resolution No. 2022-181 Resolution 2022-181 August 17, 2022 Page 2 of 3 7 6 4 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 17th day of August 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 363 Resolution No. 2022-181 Resolution 2022-181 August 17, 2022 Page 3 of 3 7 6 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. 2022-181, adopted at a regular meeting held on the 17th day of August 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 364 REQUEST FOR VENDOR QUOTES FOR CITY OF SAN BERNARDINO FOR RFQ F-23-05B RE-BID PURCHASE OF LASER SCANNING DEVICES CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 www.sbcity.org DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 365 RFQ F-23-05B Purchase of Laser Scanning Devices 2 OF 22 REQUEST FOR VENDOR PRICE QUOTES RFQ F- 23-05B Purchase of Laser Scanning Devices PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00 pm August 11, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened. The award of this contract is subject to available budget adequate to carry out the provisions of t he proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes. The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community. I. REQUEST FOR QUOTES The City is requesting Quotes from qualified vendors1 (“Vendors”) for Laser Scanning Devices. To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below. A. Scope of Work/Services The Project/Equipment sought under this request are set forth in more detail in Attachment “A” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Goods Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference. B. Project Manager The Project Manager for the City regarding this request will be Vanessa Slouka, Buyer for Purchasing Department (909)384-5346 slouka_va@sbcity.org or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor. C. Requests for Clarification All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than August 3, 2022 by 3:00 local time. D. Meeting For this request, there is no meeting. E. Site Examination Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 366 RFQ F-23-05B Purchase of Laser Scanning Devices 3 OF 22 terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. F. Submittal Requirements of Vendor Price Quote The Quote must be received no later than 3:00 pm local time, on or before August 11, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully. Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Customer Service Support. If you continue to have difficulty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time. Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement. G. Selection Process The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right, to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions. H. General Conditions 1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. 2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification. 3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete. 4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected. 5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded. 6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 2 working days of the contract being awarded. 7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license. 8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement. Subcontractors must possess the appropriate licenses for specialty work. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Quote submitted by a Vendor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awarding the Agreement. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 367 RFQ F-23-05B Purchase of Laser Scanning Devices 4 OF 22 [END OF SECTION] DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 368 RFQ F-23-05B Purchase of Laser Scanning Devices 5 OF 22 ATTACHMENT “A” PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements if it does not meet specifications. State "Yes" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified or state any exceptions. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID Category Meets Specifications Yes or No Bidder Comments / Exceptions LASER SCANNING STATION with the below listed features or capabilities: - 350-meter scan radius - Combines multiple scanned images into one completed diagram or 3D representation of the location or item scanned - Adjustable image resolution settings - Capable of scanning in black and white or full color - Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device. - Includes a USB port for data transfer Yes No -Range is .05m up to 350m with a radius of 300 degrees vertical, 360 degrees horizontal -Offers the ability for multiple scanner data integration via provided software whether the scanner(s) in question is a Faro or non-Faro product-- via cloud point data compatibility. - Offers a variety of customizable data capture settings and data integration. - Data is captured in full color or gray scale (black and white). Can capture data in total darkness. - System includes an internal solid state hard drive and the ability to connect external storage device. Exception: data transfers via standard SD cards as well as wirelessly to phones, tablets, (stream/ sphere app) and computers via the scanners internal Wi-Fi emitter. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 369 RFQ F-23-05B Purchase of Laser Scanning Devices 6 OF 22 Category Meets Specifications Yes or No Bidder Comments / Exceptions Includes a separate control module, a control screen mounted on the scanning device, or is capable of remote control through a smart device - Includes a tripod to mount the base station onto - Weight of 5 kg or less - Water resistant - Capable of operation in high heat weather conditions - Includes a height sensor and internal compass - Rechargeable battery that will power the device for a minimum of four hours - Warranty for a minimum of one year Yes -Includes a quick mount, one knob release base connotation to a telescoping 3-8 feet Gitzo carbon fiber tripod -Scanner head unit approximate weight 4.4 kg -IP 54 water resistant - Multiple locational sensors such as GPS, compass, and inclinometer, and altimeter. - Rechargeable and interchangeable Li Ion battery included. Battery is interchangeable with the below listed handheld scanner. Can charge while plugged into hard power. Also includes an external charging dock. -Includes a Two-year warranty with options for extension out to the end of life of the product. Bidders must acknowledge all requirements of previous section, including all categories and sub-points. Please Sign and Acknowledge Here: __________________________________________ ____________________________________ Craig Cupach – Director of Sales ________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city BIDDER’S RESPONSE: Faro technologies offers a variety of extended warranties and maintenance plans from 1-year extensions all the way to the end of life of the product. All software included in this bid are based on perpetual licensing, meaning the customer has no additional costs unless the customer wishes to continue with ongoing updates past the first year. If the customer chooses not to renew maintenance plans for the software/ hardware, the product will not be locked out as the customer owns their product. Faro technologies public safety division will assist the customer in coordinating with other Faro customers such as outside Law enforcement agencies to include Faro Federal customer such as the FBI, DOJ, USDA Fire, etc. per the customer’s request DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 370 RFQ F-23-05B Purchase of Laser Scanning Devices 7 OF 22 Category Meets Specifications Yes or No Bidder Comments / Exceptions PORTABLE LASER SCANNER with the below listed features or capabilities: - 5-meter scanning range - Combines multiple scanned images into one completed diagram or 3D representation of the location or item scanned - Images scanned with portable laser scanner can be incorporated with full sized laser scanning station referenced in above section - Adjustable image resolution settings - Capable of scanning in black and white or full color - Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device. - Includes a control screen mounted on the scanning device - Weighs 2kg or less - Water resistant - Capable of operation in high heat weather conditions - Includes a height sensor and internal compass - Rechargeable battery that will power the device for a minimum of four hours Warranty for a minimum of one year Yes -Scanning range is .04-5 meters and 5-10 meters with limited data. - Offers the ability for multiple scanner data integration via provided software whether the scanner(s) in question is Faro or non-Faro product via cloud point data compatibility. - Offers a variety of customizable data capture settings and data integration. Data is captured in full color but can be converted to gray scale (black and white) with one button push in the provided software. - System included an internal solid state hard drive and includes the ability to connect to external storage devices such as thumb drives and phone, tablets and computers vis USB, Bluetooth or Wi-Fi. -IP52 water resistant rating. -Operating temp 0-40c -Weight: 1.48kg - Multiple visual sensors and inclinometer. -Rechargeable and interchangeable Li Ion battery included. Battery is interchangeable with the above listed terrestrial scanner. Can also be operated while plugged into hard power. Includes an external charging dock. -Includes a one-year warranty with options for extension out to the end of life of the product. Category Meets Specifications Yes or No Bidder Comments / Exceptions DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 371 RFQ F-23-05B Purchase of Laser Scanning Devices 8 OF 22 SOFTWARE related to the devices should support the following activities: - Includes access to software necessary to process recorded data and convert it into images into diagrams and/or 3D representations. - Software allows diagrams and 3D images to be downloaded and saved on a separate device Yes -Faro Scene: Used for 3d registration and creating court room deliverables -Faro Zone3D Advanced: Used for recreating crime and crash scenes with available Faro and non-Faro equipment for cloud point data integration to be used in court room deliverables. Cloud point data includes but it not limited to, competitors scanning equipment, Drone data, IOS/Android visual data, body worn and traffic camera data, weather data, Vehicle EDR data, etc. TRAINING related to the devices should include the following: - Training in the use of both devices - Training in the use of software and creation diagrams and 3D images. Yes -Includes Faro in person and virtual training as well as additional free training found on the Faro Academy website. - 24/7 access to Faro Public Safety(PSA) support personnel to include multiple Field Applications Engineers and the Account Manager who are former law enforcement personnel. Bidders must acknowledge all requirements of previous section, including all categories and sub-points. Please Sign and Acknowledge Here: __________________________________________ _______________________________Craig Cupach – Director of Sales______________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city BIDDER’S RESPONSE: Faro technologies offers a variety of free and paid training for all products via web-based or in person depending on the needs of the customer. Faro technology conducts multiple free workshops for their customers throughout the country every year. These workshops are web based or in person training at a various training facilities and locations. Faro technology has a full-time public safety unit to address all concerns needed by law enforcement personnel, this includes participating in courtroom testimonies at no additional cost to the client. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 372 RFQ F-23-05B Purchase of Laser Scanning Devices 9 OF 22 ATTACHMENT “B” VENDOR SERVICE AGREEMENT DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 373 RFQ F-23-05B Purchase of Laser Scanning Devices 10 OF 22 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 11 day of , August 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and FARO Technologies, Inc. a corporation with its principal place of business at 250 Technology Park, Lake Mary, FL 32746 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 374 RFQ F-23-05B Purchase of Laser Scanning Devices 11 OF 22 Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own e xpense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 375 RFQ F-23-05B Purchase of Laser Scanning Devices 12 OF 22 Section 6. CHANGES. City, at any time, by a written order, and without n otice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have sub contractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable pe riod after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens ar ising out of this Agreement; and DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 376 RFQ F-23-05B Purchase of Laser Scanning Devices 13 OF 22 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containin g an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its sub contractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory ta xes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 377 RFQ F-23-05B Purchase of Laser Scanning Devices 14 OF 22 Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. A ll employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier 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 alleged acts, omissions, n egligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 378 RFQ F-23-05B Purchase of Laser Scanning Devices 15 OF 22 pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its 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. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; W aiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply sep arately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. 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 r equired to be named as additional insured pursuant to this Agreement. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 379 RFQ F-23-05B Purchase of Laser Scanning Devices 16 OF 22 C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work d one or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, o r may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any oth er person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exerc ise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 380 RFQ F-23-05B Purchase of Laser Scanning Devices 17 OF 22 against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contract s which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at t he project site and the effects thereof on the work, only to the extent suc h strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shi pments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. 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: DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 381 RFQ F-23-05B Purchase of Laser Scanning Devices 18 OF 22 CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT NAME AND TITLE***] With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: FARO Technologies, Inc. 250 Technology Park Lake Mary, FL 32746 Chris Taylor – Account Manager faroorders@faro.com / 407-333-9911 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 not ice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of an y assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by b oth Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. 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. DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 382 RFQ F-23-05B Purchase of Laser Scanning Devices 19 OF 22 I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provi sions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect t o this Agreement, except those contained in or referred to in the writing. O. 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. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 383 RFQ F-23-05B Purchase of Laser Scanning Devices 20 OF 22 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Faro Technologies IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***] City Manager ATTESTED BY: [***INSERT NAME***] City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney [FARO Technologies, Inc.] Sample document-Do not sign Signature Name Title DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 384 RFQ F-23-05B Purchase of Laser Scanning Devices 21 OF 22 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: FARO Technologies, Inc. ADDRESS: 250 Technology Park, Lake Mary, FL 32746 PHONE: 407-333-9911 The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: Purchase of Laser Scanning Devices Project Overall Cost Summary In addition to completing the price form, vendors shall supply an itemized quote for each vehicle type to include labor costs. The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and servi ces, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Item No. FARO FOCUS LASER SCANNER Quantity Unit Cost Total Amount 1 Cost for laser scanning station 1 $54,252 $54,252 2 Cost for Faro Focus portable laser scanner 1 $18,180 $18,180 3 Cost for software for laser scanning station 1 $11,979 $11,979 4 Cost for software for portable laser scanner 1 $0.00 $0.00 5 Cost of related training 1 $2,603.70 $2,603.70 6 Taxes 1 $4,847.51 $4,847.51 7 Warrantee Yes / No 2 # 2 and 1 Year Warrantee 8 Additional Fees (if any) Shipping 1 $50.16 $50.16 9 Additional Fees (if any) extra battery /tripod 1 $1,629 $1,629 TOTAL VENDOR QUOTE $93,541.37 Total Number of Additional Pages: Authorization Signature on next page DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9   Packet Pg. 385 RFQ F-23-05B Purchase of Laser Scanning Devices 22 OF 22 I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: Director of Sales (Authorized Representative Signature) Print Name: Craig Cupach Contractor’s License Number and Classification: DIR Registration Number (if applicable): ____________________________ DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9 8/10/2022   Packet Pg. 386 FARO Technologies, Inc.’s List of Exceptions to City of San Bernardino’s Goods Purchase Agreement – RFQ F-23-05B - August 2022 Page 1 of 1 FARO Technologies, Inc. (“FARO” or “Supplier”) submits the following exceptions related to the City of San Bernardino’s (the “City”) Goods Purchase Agreement referenced in the City’s Request for Vendor Price Quotes, RFQ F-23-05B, Purchase of Laser Scanning Devices. Terms Issue Requested Amendments Acceptance (Section 3) FARO’s products are highly standardized, off the shelf, boxed metrology products and supporting standard software and service products. No special acceptance procedures offered. The FARO warranty starts upon shipment of the products; thus, acceptance is covered by the warranty. No special acceptance procedures apply. For the avoidance of doubt, the City’s inspection and warranty rights are unaffected. Warranty (Section 4) Supplier sells highly standardized, commercial, off the shelf, boxed metrology products and standardized supporting services with standardized manufacturer’s warranty and available service plans. Goods are as advertised in Supplier’s technical specifications (see: https://knowledge.faro.com). The terms of the purchased warranty are solely the Supplier‘s terms for the applicable warranty product. FARO’s default warranty term is one (1) year (and ninety (90) days for accessories) and starts at shipment. FARO warrants against defects in material and workmanship and that all products will meet Supplier’s specifications. The warranty remedy is repair at a FARO location or replacement and is express, excluding merchantability and fitness for particular purpose. For the avoidance of doubt, the warranty term for the Laser Scanner Focus Premium quoted in FARO Quote No. 20473206 is a total of two (2) years and starts at shipment. Time is of the Essence (Section 8) FARO agrees that time is of the essence. FARO requests a 10% Purchase Order value cap on delay penalties. Liquidated damages for time is of the essence are capped at ten percent (10%) of the value of the applicable Purchase Order. Indemnification (Section 13) Although Supplier is only selling commercial off the shelf products in this sale, we are happy to offer an indemnification. Supplier’s standard indemnification added as Supplier’s full indemnifications. Supplier shall indemnify the City for direct damages suffered by a third party for (i) Supplier’s violation of the intellectual property rights of another, or (ii) for death, injury, or property damage caused by Supplier’s gross negligence or reckless acts or omissions, with contributory negligence. Limitation of Liability and Waiver of Consequential Damages Supplier proposes a mutual waiver of consequential damages and limitation of liability. Except where prohibited by law, (a) the maximum aggregate liability of either party, including relating to any product, from any cause, shall not exceed 100% of the Purchase Order value, and (b) in no case or under any theory shall either party be liable for any indirect, special, punitive, or consequential damages.   Packet Pg. 387 Page 1 FARO Technologies, Inc. 250 Technology Park Lake Mary FL 32746-7115 Phone No: 407-333-9911 Fax No: 407-333-4181 Email: chris.taylor@faro.com Bill To: San Bernardino Police Department (CA) PO Box 1559 92402-1559 San Bernardino, CA USA Ship To: San Bernardino Police Department (CA) Michele Mahan PO Box 1559 92402-1559 San Bernardino, CA USA Quotation No:20473206 Quotation Date:08/05/2022 Expiration Date:09/04/2022 Regional Manager: Account Manager:Christopher Taylor Sales Support:Cynthia Clarke Ship:Standard/Ground Payment Terms:Net due in 30 days Delivery Terms:EXW Origin Lead Time:2-6 Weeks Tracker Lead Time:10-12 Weeks PO Number: Contact Person:Michele Mahan Item No. Description Qty Amount LS9-HU FARO Focus Premium USA 1 35,541.00 Laser Scanner Focus Premium ships with: 1x Focus Premium scanner head, 1x Status Indicator, 1x Quick Release, 1x Power Block Battery, 1x Battery Power Dock , 1x Power Supply, 1x 64GB High-Speed SD Card and reader, 1x rugged transport case, 1x calibration certificate, 1x quick start guide, manufacturer warranty FW-SCN-0020 Focus Premium Range Extension 350m, POS 1 18,711.00 Focus Premium Range Extension 350m, Point of Sale ACCSS8032 3D_AC_LS_Standard Carbon Fiber Tripod 1 1,080.00 Confidential Remit to: FARO Technologies, Inc. P.O. Box 116908 Atlanta, GA 30368-6908   Packet Pg. 388 Page 2 Quote no. 20473206 Item No. Description Qty Amount Carbon fiber tripod, super lightweight, highly stable, low-vibration, customized for Focus scanners for perfect performance and increased durability. SOFTD0900 SCENE 1 5,499.00 SCENE. New license. Includes 1-year of standard maintenance. License container sold separately. SOFTL0001 Single User Soft Lock 1 0.00 Soft lock for one single user license. Software licenses purchased separately. Can be used together with FARO SCENE, CAM2, FARO Zone, As-Built, and RevEng Software products. SOFTD51002 FARO Zone 3D Advanced Digital Download 1 6,480.00 Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download SOFTL0001 Single User Soft Lock 1 0.00 Soft lock for one single user license. Software licenses purchased separately. Can be used together with FARO SCENE, CAM2, FARO Zone, As-Built, and RevEng Software products. Confidential   Packet Pg. 389 Page 3 Quote no. 20473206 Item No. Description Qty Amount SB_900091 Freestyle 2 Kit 1 0.00 900-000099-000 Freestyle2_Sensor_FARO 1 12,753.00 FARO Freestyle 2 Core Kit. Includes the Freestyle 2 Sensor and One (1) year of manufacturer warranty. A compatible Android smartphone is required. 810-000138-000 dS_AccessoryKit_FARO 1 1,890.00 Freestyle 2 accessories Kit. Includes, On-site Calibration plate, Magnetic Kit for Mobile Phone, USB cable, One (1) Battery, Power Charger, High Speed USB stick, Targets Kit, Optical cleaning cloth, Quick start guide a rugged transport case. FA0215 MobilePC_Faro 1 2,799.00 ACCS-PWR-0014 3D_AC_LS_FocusS Battery Power Block 1 549.00 Power Block battery for Focus laser scanner and Freestyle. ACCSS8039 3D_AC_FS2_Mobile_Phone 1 738.00 High-end Smartphone compatible with FARO® Cobalt Detail 3D. Confidential   Packet Pg. 390 Page 4 Quote no. 20473206 Item No. Description Qty Amount TR-AS-SCN-O Scanner Tr. AS-Customer Site. 1 2,603.70 One day hands-on Scanner training session to help solve customer specific applications. Customer site trainings are designed for up to four people to ensure proper transfer of knowledge and understanding. Price per class. TR-SCN-POS Laser Scanner Tr. - FARO Fac. - Inc 1 0.00 "Available only at point of FARO system sale. Includes training for 2 Trainees. #Three day course at a training facility provided by FARO that discusses FARO Laser Scanner with FARO Software, setup, and basic measurements. Classroom trainings are scheduled on a first come, first served basis. Classes can be cancelled within two weeks of the scheduled date if sufficient enrollment is not met. Training days must be taken together on consecutive days, and cannot be split into individual days." TR-FZ3-COR FZ Core 1 0.00 Two consecutive day, consisting of four-hour virtual classroom training. The FARO Zone 3D Core training is specifically designed to assist new users. Confidential   Packet Pg. 391 Page 5 Quote no. 20473206 --------------------------------------- Total Unit Price 98,493.00 Total Discount 9,849.30- Shipping & Handling 50.16 Total Taxes 4,847.51 --------------------------------------- Total USD 93,541.37 **Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice. Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ Accounts Payable Name:________________________________________ Email:________________________________________ Can we send your future invoice(s) to the email address provided (__) No (__) Yes Do you require a PO to process this order (__) No (__) Yes - PO #:_________________________________________ Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ *Any order over $150,000 will need a secondary signature to process your order. Confidential   Packet Pg. 392 Page 6 Quote no. 20473206 COVID-19 FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock-downs, quarantines). PURCHASE AGREEMENT AND CONDITIONS OF SALE:As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms. The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser): https://www.faro.com/en/Terms The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation_Calibration_and_Certification_Standards_for_FARO_Devices   Packet Pg. 393 www.faro.com The Most Intuitive and Efficient Software for Scan Data Processing and Registration FARO® SCENE Software FARO SCENE software is specifically designed for all FARO scanning solutions and third-party laser scanners. Process and manage scan data efficiently and easily by using automatic target recognition, scan registration and validation. Generate high-quality data in full color quickly and conveniently by incorporating images from automated targetless and target- based scan positioning. Users can begin the evaluation and processing immediately by performing simple measurements, creating stunning 3D visualizations or exporting to various point cloud and CAD formats once SCENE has prepared the scan data. In addition, SCENE features an impressive Virtual Reality (VR) View, allowing users to experience and evaluate captured data in the VR environment. Tools for Managing High-Quality 3D Data for Informed Project Decisions Benefits y Minimize project costs by utilizing automated data processing / registration workflows, fast / versatile scan data export, and a simplified software user interface y Recreate project results using advanced workflow driven validation tools y Intuitive and easy to understand reality representation providing immersive viewing capabilities to explore and evaluate scan data y Leave the project site with confidence through the power of real time, on-site registration and the ability to retake photos y Best user experience with FARO scanning devices and FARO application specific software tools y Share and collaborate worldwide anytime, anywhere with SCENE WebShare Cloud – a hosted web-based service from FARO for easy and secure sharing of scan project data Explore Scan Data in 2D, 3D and Virtual Reality (VR) Explore scan data in unmatched clarity and visual quality due to solid surface rendering and HDR colorization. Visualization of data in 2D, 3D and VR gives an immersive experience in viewing project point clouds in full detail in the 3D Virtual Reality. Efficient Data Processing Various tools for scan data filtering improve the cleanliness and color balancing of each scan data set. The automatic filter for moving objects significantly reduces the need for manual cleaning. Batch-Processing allows automated marker detection, scan optimization and scan registration with minimized effort. Easy Data Registration SCENE features professional and automatic workflows for target based and targetless (Cloud2Cloud) scan registration. The powerful on-site registration functionality allows complete scan project processing and registration directly on the measurement site in real time. Intuitive Data Organization SCENE features a very intuitive and easy to learn user interface. Features such as hierarchical data structure or project history management allow efficient handling of large projects. A seamless integration of scan data is secured through the support of various import and export formats. Plug-Ins and Apps for Extended Functionality Extend the SCENE functionality with various plug-ins and apps to obtain added value for special workflows and applications.   Packet Pg. 394 FARO Global Headquarters 250 Technology Park, Lake Mary, FL 32746, USA US: 800 736 0234 MX: +52 81 4170 3542 BR: 11 3500 4600 / 0800 892 1192 FARO Europe Regional Headquarters Lingwiesenstr. 11/2 70825 Korntal-Münchingen, Germany 00 800 3276 7253 FARO Asia Regional Headquarters No. 3 Changi South Street 2, #01-01 Xilin Districentre Building B Singapore, 486548 +65 65111350 Local offices in over 25 countries around the world. Go to www.faro.com to learn more. © 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries. Autodesk is a registered trademark of Autodesk, Inc., in the USA and other countries.SFDC_04MKT_506 Revised: 05/6/2021 Processing Scan Data y Automatic search for artificial (spheres, checkerboards, coded markers) or natural references (corner points, planes etc.) y Diverse registration methods to place the scans automatically by detected targets, cloud-to-cloud or top view based y Improved registration results through intelligent fine registration and additive verification y Automatic coloring of the scans with the high-resolution color photographs or Laser-HDR color option y Filters (including “dark points”, and “stray points”), optional Edge Artifact filter for additional noise reduction y Supports creation of fully textured meshes that can be brought into other applications as color, 3D models y On-site compensation: verification and adjustment of the scanner’s compensation, available for the new FocusS devices y On-site registration: processing and registration of scans during scanning on site, function applies only to FARO FocusS Series Laser Scanners y Moving Objects Filter automatically removes unwanted objects from registered scan data that moved through a scene while it was being scanned, such as people or vehicles y Fast and versatile exporting of scan data as a project, cluster, single scan, or sections of scans into Autodesk® RCP/RCS point cloud format Data Management of Extensive Projects y Project database with project history y Graphical project view to manage all existing scan projects y Bundling of an unlimited number of scans to one project y Printable registration reports (PDF) Data Sharing y Fully integrates with the SCENE WebShare Cloud service y Utilize the SCENE 2go App from a USB flash drive to share projects with clients for data exploration Import & Export y Optimized to work with FARO Focus, Freestyle and Swift data y Control points for geo- referencing (.cor, .csv) y Scan points (FARO Scan, FARO Cloud, ASTM E57, .txt, .xyz, .xyb, .pts, .ptx, .ptz, .pod) y Import digital photos (.jpg, .png, .bmp, .tif) y Export panoramic images (.jpg), export orthophotos (.tiff, .png, .jpg, .bmp and .dxf) y Export meshes in standard formats (.stl, .obj, .ply and .wrl (VRML) For on-site registration (with scan resolution of 1/5, Quality 3, colorization and ~ 40 scans in a row) the following system specifications are sufficient: Processor: I7 8665U, Graphics: Intel UHD 620 Graphics, RAM: 16GB, Hard drive: SSD 500GB, Screen: 12” Full HD anti glare, OS: Windows® 10 Pro 64-Bit Project Exploration y The ability to take measurements y Documentation objects to add notes and attach external documents via hyperlink technology y Extended capabilities using FARO or 3rd party app Views y Closed 3D surfaces rendering with full-color detail y 3D View, Planar View & Quick View y Virtual Reality View with exploration tools y Stereoscopic visualization with suitable graphics board and 3D capable device y Correspondence view to control scan placement on the screen y Multiple clipping boxes to control the visible parts of point clouds in 3D View y Overview Map Technical Requirements (Recommended) Hardware Intel Core i7/i9/Xeon, 8 physical cores, 64 GB RAM , OpenGL 4.3, 1 TB Solid State Drive + Regular HDD, screen resolution 1920 x 1080 px Graphics Card Dedicated graphics card, OpenGL 4.3, DirectX 11 Feature Level 11.0 or higher, at least 8 GB Memory; For Stereo Rendering and Viewing: NVIDIA Quadro; For VR Rendering and Viewing: NVIDIA 1080GTX or similar, Supported VR 3D Headsets: Oculus Rift S or HTC Vive with Touch Controllers, StreamVR Operating System 64-bit Windows® 10 Accessories 3D Connexion Space Mouse with latest drivers (settings described in the User Manual), Network card is required for licensing SCENE   Packet Pg. 395 FARO® Zone Software   Packet Pg. 396 y Crime scene investigators can reconstruct the details of a crime by applying the validated blood spatter analysis and bullet trajectory tools. y Crash reconstructionists use FARO Zone 3D to complete precise diagrams and realistic animations from scene measurements captured by laser scanners, total stations, drones and data from Event Data Recorder (EDR) data. Analysis tools provide the ability to estimate vehicle speeds with calculations for momentum, crush, skid marks, and more. y Use FARO Zone 2D to quickly create simple, yet accurate, crash scene diagrams like those commonly attached to law enforcement crash reports. y Start with an aerial map of the crash location, add vehicle symbols, signs, and notes, save the diagram (pdf, jpg, or png) and attach it to your report in as little as five minutes. y Administrative tools are included to set up FARO Zone for all users in the agency to save the diagram to the desired format, size, and location for your reporting system. y With FARO Zone 2D or 3D, it is fast and easy to use an aerial map from Pictometry®, Google, or Bing to create easy-to-read pre-incident and threat assessment diagrams. y Add a comprehensive 2D floorplan with data captured by FARO ScanPlan™ or an architectural diagram. Show doors, stairs, elevators, control panels, hazardous materials, and more, with the pre-drawn symbols that are included. y Export diagrams to pdf and attach them to your dispatch or pre-planning system so the plans are available to First Responders. FARO Zone Software makes scene documentation easy so you can get on with the rest of your job. As a Public Safety professional, measuring and documenting a scene is a critical aspect of your job and one that your team relies on for complete and accurate documentation. FARO Zone enables the creation of factual diagrams and detailed analyses, results that can be presented and shared in a compellingly visual and easy-to-comprehend way. Forensic Scene Investigation Crash Report Diagramming Pre-Incident Planning   Packet Pg. 397 For forensic investigators, FARO Zone 3D provides the ability to accurately reconstruct any crash, crime, or fire scene. Apply manual measurements, aerial maps, drone photos, or total station data to quickly create 2D and 3D scene diagrams. Analyze the scene with crash reconstruction, bullet trajectory, and blood spatter analysis tools. Create compelling walk-throughs, reports, and animations to present the case. y Precise, Fast Drawings Extensive drawing tools, paired with object grips and automatic snaps, make it easy to create accurate, 2D and 3D diagrams to exact measurements. y Save Time Complete diagrams quickly with the huge library of models, or import new ones. Use EDR data to reduce the time needed to create accurate crash animations. y Powerful Analysis Tools Perform comprehensive analysis for bullet trajectory, blood spatter, vehicle momentum, critical speed yaw, speed from skids, road profile, vehicle crush, and more. y Compelling 3D Results Create realistic flythroughs, vehicle and human animations with shadows, rain, snow, fog, animated vehicle headlights, brake lights, and traffic lights. y Easy to Use Features an intuitive user interface with constant feedback, helpful how-to videos, comprehensive documentation, and free instructor-led, online training. y Compatibility Open diagrams from CAD Zone, ARAS, and other standard CAD formats. Bring in measurements from manual methods, drone photos, satellite maps, and data from total stations. y Share with Anyone Free viewing software and the Zone 2go presentation tool makes it easy to share projects with anyone. No internet required. Includes the features of FARO Zone 3D plus the ability to use point clouds from laser scanners and drones. Preserve any forensic scene digitally as a 3D point cloud, then analyze the evidence in the safety of the office. Determine witness perspectives, create extremely realistic animations, and share the results – even in a virtual reality environment. Being prepared for court was never this easy! y Compatible with Point Clouds Open multiple point cloud formats, from laser scanners in .pts and .E57 formats, directly from FARO SCENE projects1, and from drones in .las file format. y Ensure Accuracy Take all your measurements from the point cloud captured at the scene. Snap to specific data points to create diagrams, export chosen points with “virtual surveyor” mode, and use point clouds to create stunning animations and VR scenes. y One Software Does It All Register scanned data captured with FARO Focus Laser Scanners2 so all your work is done in one software application. y Easy Workflow Merge and align point clouds, or use point cloud models, to place vehicles that were removed back into the scene of the crash. y Photo-Realistic Results Create incredible 3D environments with multiple light sources, grass that grows, car doors and hoods that open, and enhanced material textures for stone, brick, wood, metal, water, and more. y Custom VR Training Scenarios Turn any scanned scene into an exciting VR training scenario, take photos and measurements, pick up evidence, and swab for DNA samples, all while completely immersed in the VR forensic scene. 1Feature available with SCENE version 6 and higher 2Feature available with FocusS and FocusM laser scanners FARO Zone 3D FARO Zone 3D Advanced   Packet Pg. 398 © 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries.Revised: 10/5/2021 FARO Global Headquarters 250 Technology Park, Lake Mary, FL 32746, USA US: 800 736 0234 MX: +52 81 4170 3542 BR: 11 3500 4600 / 0800 892 1192 FARO Europe Regional Headquarters Lingwiesenstr. 11/2 70825 Korntal-Münchingen, Germany 00 800 3276 7253 FARO Asia Regional Headquarters No. 3 Changi South Street 2, #01-01 Xilin Districentre Building B Singapore, 486548 +65 65111350 FARO Zone System Requirements Recommended FARO Zone 2D FARO Zone 3D FARO Zone 3D Advanced Operating System Microsoft Windows 10 Microsoft Windows 10 Microsoft Windows 10 Processor Intel i5 or equivalent Intel i7 or equivalent Intel i7 or equivalent RAM 4 GB 8 GB 16 GB Hard Drive 8 GB free 12 GB free 12 GB free Graphics Card DirectX 11 compatible card, such as an Nvidia® Quadro 2000, GeForce 400+ DirectX 11 compatible card; If tiling large images 4GB video RAM minimum GeForce GTX 1060 or better; If tiling large images 4GB video RAM minimum VR Requirements Oculus Rift or HTC Vive plus ports required by headset Oculus Rift or HTC Vive plus ports required by headset Local Offices in over 25 countries around the world. Go to www.faro.com to learn more. "Crash reconstruction isn’t about creating Hollywood theatrics, it’s about finding truth through science. FARO Zone 3D is what I use to show the science of a crash" Carl Lakowicz, Northpoint Collision Consultants FARO Zone 2D This inexpensive software can be easily deployed throughout the entire department and helps law enforcement officers create 2D crash report diagrams in as little as five minutes. FARO Zone 2D is also the ideal software to quickly create detailed, pre- incident plan diagrams. Firefighters and other first responders value these clear, consistent diagrams to help them make critical decisions at the scene when every second counts.   Packet Pg. 399 Focus Premium On-Scene Digital Documentation with Global Reach   Packet Pg. 400 A ‘Focused’ Look The Focus Premium provides exceptional capturing efficiency, data quality and accuracy for public safety professionals while offering data quality at faster scan speeds. It is capable of reducing on-scene scanning time by up to 50% using your regular settings. Meanwhile, faster loading and system response yields greater data management efficiency when paired with the new FARO Stream mobile app, a solution Focus Premium operators can use on-scene to take pre-registration scans. Up to 50% Faster Scan Times Complete scans faster using your regular settings, even in color. Super-High Color Resolution The latest color camera technology enables the Focus Premium to capture scans with up to 266 megapixel color information. Premium Preview: The Ultimate in 3D Data Capture Building on our history of accuracy and reliability, the new FARO® Focus Premium Laser Scanner is the fastest, most accurate and connected scanner on the market to date, featuring entirely new components with a proven design. Two-Year Warranty An extended standard service window means maximizing the life of this product while reducing the total cost of ownership throughout the device’s lifespan. Two years allows for maximum flexibility and the peace of mind knowing that any repairs or defective parts will be replaced. Focus Premium Features: y Up to 350m scanning range, leading to superior area coverage per scan position y Smartphone-enabled remote control capabilities, limited only by the range of a Wi-Fi network y Improved wireless workflow with more stable and faster Wi-Fi operation y On-site registration, the process of combining multiple scans using common overlap, means faster project completion and real-time awareness of scan errors or missing data — know before leaving the scene if there are data gaps y Scanner control can be executed on either the app or on the on-board user interface y Users have easy access to create projects, change scanner settings, manage image resolution, opt for color or black and white scans, group scans through clustering, and add annotations y Rugged construction and housing can withstand tough day-to-day work y Integrated high-speed SSD data storage for maximum scan capacity and lighting fast scan processing, plus reliable standard SD card storage   Packet Pg. 401 1. White 90% Reflectivity, Dark-gray 10% Reflectivity, Black 2% Reflectivity, for a Lambertian scatterer | 2. Ranging noise is defined as the variation of distance samples from repeated measurements of a single point at 122k Pts/sec | 3. Some surfaces can lead to additional noise | 4. For distances larger 25 m add 0.1 mm/m of uncertainty | 5. Ranging error is defined as a systematic measurement error at around 10 m and 25 m |6. It is recommended to perform on-site compensation in the event the unit is exposed to exceptional temperature or mechanical stress|7. Low temperature operation: scanner has to be powered on while internal temperature is at or above 15° C. High temperature operation: additional accessory Thermal Cover required | 8. Accelerated Profile with PanoCam | 9. 2x150°, homogeneous point spacing is not guaranteed | 10. Ferromagnetic objects can disturb the earth magnetic field and lead to inaccurate measurements All accuracy specifications are standard deviations, after warm-up and within operating temperature range; unless otherwise noted. Subject to change without prior notice. CLASS 1 LASER PRODUCT Performance Specifications Unambiguity Interval 614 m for up to 0.5 MPts/sec 307 m at 1 MPts/sec 153 m at 2 MPts/sec Range1 White: 0.5 – up to 350 m Dark-grey: 0.5 – up to 150 m Black: 0.5 – 50 m Max Speed Up to 2 MPts/sec Range Noise1,2,3 White: Dark-grey: Black: 0.1 mm @10 m 0.3 mm @10 m 0.7 mm @10 m 0.2 mm @25 m 0.4 mm @25 m 1.2 mm @25 m 3D Accuracy4 2 mm @10 m 3.5 mm @25 m Ranging Error5 ±1 mm Angular Accuracy6 19 arcsec LaserHDR Yes Temperature Range7 Operating: +5 ° to +40 °C Extended Operating: -20 ° to +55 °C Storage: -10 ° to +60 °C Additional Features Dual Axis Compensator Performs a leveling of each scan with an accuracy of 19 arcsec valid within ±2° Height Sensor Via an electronic barometer, the height relative to a fixed point can be detected and added to a scan Compass10 The electronic compass gives the scan an orientation GNSS Integrated GPS & GLONASS On-Site Compensation Creates current quality report and improves compensation automatically Accessory Bay The accessory bay connects versatile accessories to the scanner Inverse Mounting Yes Real-time, On-site Registration Stream App real-time scan streaming, registration, overview map and Sphere cloud upload Electronic Automation Interface Available as option, only at point of sale Digital Hash Function Scans are cryptographically hashed and signed by the scanner Rescanning of Distant Targets Defined areas recaptured in higher resolution at a greater distance Retake Photos Select individual photographs with unwanted objects and retake them Tripod Safety It is recommended that only one tripod segment is used to maximize scanner stability General Specifications Power Supply 19 V (external supply), 14.4 V (internal battery) Typical Power Consumption 19 W idle, 32 W scanning, 72 W charging Typical Battery Operation Time About 4 hours Typical Scan Time8 About 1 min Ingress Protection (IP) Rating Class 54 Humidity Non-condensing Weight  4.4 kg (including battery) Size/Dimensions 230 x 183 x 103 mm Calibration Recommended annually Manufacturer Warranty 2 years Additional Performance Specifications Color Unit Color Resolution Up to 266 MPx color Raw Color Resolution 867 MPx HDR Camera 13 MPx - 2x, 3x, 5x brackets Parallax Minimized due to co-axial design Deflection Unit Field of View 300° vertical9 / 360° horizontal Step Size 0.009° (40,960 Pts on 360°) vertical / 0.009° (40,960 Pts on 360°) horizontal Max. Scan Speed 97 Hz (vertical) Laser (Optical Transmitter) Laser Class Laser Class 1 Wavelength 1553.5 nm Beam Divergence 0.3 mrad (1/e) Beam Diameter at Exit 2.12 mm (1/e) Data Handling and Control Data Storage SATA 3.0 SSD 128 GB and SDXC™ V30 64 GB SD Card; SD3.0, UHS-I / SDXC™ / SDHC™, max. 512 GB Scanner Control Via touch screen display and WLAN connection, Control by FARO Stream App (iOS & Android) or mobile devices with HTML5 Interface Connection WLAN IEEE 802.11 ac/a/b/g/n 2x2 MIMO, as access point or client in existing networks (2.4 and 5 GHz) USB USB 3 port Focus Premium Specifications   Packet Pg. 402 © 2022 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries. Revised: 3/18/2022 FARO Global Headquarters 250 Technology Park, Lake Mary, FL 32746, USA US: 800 736 0234 MX: +52 81 4170 3542 BR: 11 3500 4600 / 0800 892 1192 FARO Europe Regional Headquarters Lingwiesenstr. 11/2 70825 Korntal-Münchingen, Germany 00 800 3276 7253 FARO Asia Regional Headquarters No. 3 Changi South Street 2, #01-01 Xilin Districentre Building B Singapore, 486548 +65 65111350 Local Offices in over 25 countries around the world. Go to www.faro.com to learn more. A Productivity Workflow Solution The new FARO Stream mobile app makes the amount of time law enforcement must remain on-scene more productive and safer for everyone. This app gives public safety professionals a new unique capability: the ability to pre-register scans on-site. Once they’ve taken the scan, they can see the scan outlines in real-time and make positional adjustments to ensure all the evidence is accurately captured the first time. It also eliminates the need for an on-scene laptop or return trips. Investigators can also include complementary data like field annotations and photographic images after a scan is complete. With the Focus Premium and Stream, users can gather data faster and be more confident in the on-scene data evidence they collect. Contact your local sales representative or visit FARO.com to learn more. Snap-In Success The new Focus Premium is also designed to work seamlessly with the FARO Freestyle 2 Handheld Scanner, thanks to its “Snap-In” feature. Save the time that is required for multiple scanner positions when it comes to scanning complex scenes with multiple pieces of evidence. Snap-In enables the user to seamlessly add data starting from a Focus Laser Scanner point cloud by using it as a reference for missing data from such hard-to-scan locations, including areas in shadow and objects with irregular shapes and sizes. The two point clouds are then pre-registered in the same project. Together Focus Premium and Freestyle 2 achieve what neither tool can do alone — provide both the speed and granularity of data capture to ensure that no on-scene detail is missed. Streamline Digital Workflows Whether it’s for crime scene analysts, crash reconstructionists, forensic investigators, or for courtroom testimony and 3D photorealistic visual representations, the new Focus Premium Laser Scanner, paired with Stream, enables enhanced workflow efficiencies that will help public safety professionals provide the closure and answers all parties seek.   Packet Pg. 403 www.faro.com FARO® Freestyle 2 Handheld Scanner The Most Portable 3D Scanner for Fast, Photorealistic 3D Reality Capture The FARO Freestyle 2 is a superior handheld 3D scanner designed for professionals who require quick and easy complete scene documentation. Delivering fast, photorealistic 3D reality capture with unparalleled real-time display results, Freestyle 2 offers total mobility to scan even the most confined spaces and difficult objects. Features Real-Time Visualization y Display lets you view what you capture as you scan Wide-Range of Scanning Distances y Captured 3D Points starts at 0.4 m y Can be set to a maximum of 10 m Capture in Variety of Lighting Conditions y Designed for normally illuminated interiors and outdoors, including in overcast conditions y Even provides usable data in complete darkness One-Hand Operation y Lightweight with no bulky tablet or long cables Guided Scanning y Haptic feedback alerts operator when adjustmentsneed to be made to the users scanning technique y Proprietary tracking engine enables users to make natural movements while scanning On-Site Compensation y White-balancing, post-processing can be done at the scene y No annual calibration required Integrated Training y Live display of data quality with integrated training videos, and tutorials   Packet Pg. 404 FARO Global Headquarters 250 Technology Park, Lake Mary, FL 32746, USA US: 800 736 0234 MX: +52 81 4170 3542 BR: 11 3500 4600 / 0800 892 1192 FARO Europe Regional Headquarters Lingwiesenstr. 11/2 70825 Korntal-Münchingen, Germany 00 800 3276 7253 FARO Asia Regional Headquarters No. 3 Changi South Street 2, #01-01 Xilin Districentre Building B Singapore, 486548 +65 65111350 Local offices in over 25 countries around the world. Go to www.faro.com to learn more. © 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries.SFDC_04MKT_380 Revised: 03/18/2021 Benefits Ultimate Flexibility y Freestyle 2 is portable, without the need for bulky computers y Self-contained unit gives the freedom to scan around objects or inside spaces Save Time y Scan scenes and objects without data voids in minutes y Captures data easily and in more detail in less time Photorealistic Results y Get high-quality, colored, 3D data with up to 0.5 mm accuracy Confidence in What You Capture y See a display of data as you capture to ensure you are getting what you need Easy-to-Learn & Easy-to-Use y Modern user interface, proprietary tracking algorithms, integrated video tutorials Performance Specifications Range 0.4 - 5 m (up to 10 m with limited data quality) Identifiable feature Up to 0.2 mm 3D point accuracy1 ≤0.5 mm Long range accuracy2 0.5 mm at 1 m distance 5 mm at 5 m distance 15 mm at 10 m distance Single image point density Up to 45,000 points/m² in 0.5 m distance Up to 10,500 points/m² in 1 m distance Acquisition Rate3 Up to 220,000 points/s, point cloud density increases with time Typical Noise4 • 0.3 mm @ 0.4 m distance • 35 mm @ 5 m distance • 0.75 mm @ 1 m distance • 100 mm @ 10 m distance • 10 mm @ 3 m distance Lighting conditions5 Full daylight, 10,000-45,000 lux (reduced performance in direct sunlight) Light source Integrated LED flash Scan volume 39.5 m³ @ max range 5 m Typical field of view (HxW) • 420 mm x 550 mm @ 0.5 m • 2740 mm x 3160 mm @ 3 m • 930 mm x 1170 mm @ 1 m • 3600 mm x 4160 mm @ 4 m • 1800 mm x 2160 mm @ 2 m • 4470 mm x 5150 mm @ 5 m Exposure time 0.1 ms - 7 ms (autoexposure) Texture color 24 bit Dimensions 285 mm x 256 mm x 130 mm Connectivity HDMI, USB 3.0, WiFi Weight 1.48 kg IP rating IP 52 Compensation Onsite - with supplied compensation plate Op temperature range 0 - 40° C Op humidity range Non-condensing Eye Safety Class 1 Laser Wavelength 798-816 nm 1 1 sigma standard deviation measured on reference scales of lengths between 0.3 m and 1 m, in 1 m distance, for a lateral scanner movement of 1 m, using targets for distance measurement | 2 Typical error at measured distances | 3 Point density depends on scanned surface and lighting conditions | 4 RMS | 5 Limited range and point density in sunlight * Dust protection 5. Water protection 2: Protection against dripping water whilst device in standard idle position with sensor side facing downward. Mobile PC Specifications Microsoft Windows 10 pro, 64-Bit Intel® Core™ i7 256 GB hard disc with 16 GB RAM HDMI; USB 3.0 ports; WiFi   Packet Pg. 405 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this _____ day of __________, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and FARO Technologies Incorporated, a Florida corporation with its principal place of business at 125 Technology Park Drive, Lake Mary, Florida, 32746 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after   Packet Pg. 406 2 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s vehicle warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights   Packet Pg. 407 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which   Packet Pg. 408 4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in   Packet Pg. 409 5 scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.   Packet Pg. 410 6 Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier 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 alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its 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. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain:   Packet Pg. 411 7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. 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. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.   Packet Pg. 412 8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial   Packet Pg. 413 9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects   Packet Pg. 414 10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. 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: Lieutenant Michele Mahan With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: FARO Technologies Incorporated 125 Technology Park Drive Lake Mary, Florida, 32745 Attn: Christopher Taylor 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.   Packet Pg. 415 11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. 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. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered   Packet Pg. 416 12 as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 417 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UAG CERRITOS I, LLC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. 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 SUPPLIER FARO TECHNOLOGIES INC. Signature Name Title   Packet Pg. 418 14 Exhibit A Goods Specifications LASER SCANNING STATION with the below listed features or capabilities: •350 meter scan radius •Combines multiple scaned images into one completed diagram or 3D representation of the location or item scanned •Adjustable image resolution settings •Capable of scanning in black and white or full color •Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device. •Includes a USB port for data transfer •Includes a separate control module, a control screen mounted on the scanning device, or is capable of remote control through a smart device •Includes a tripod to mount the base station onto •Weight of 5 kg or less •Water resistant •Capable of operation in high heat weather conditions •Includes a height sensor and internal compass •Rechargable battery that will power the device for a minimum of four hours •Warranty for a minimum of one year PORTABLE LASER SCANNER with the below listed features or capabilities: •5 meter scaning range •Combines multiple scaned images into one completed diagram or 3D representation of the location or item scanned •Images scanned with portable laser scanner can be incoporated with full sized laser scanning station referenced in above section •Adjustable image resolution settings   Packet Pg. 419 15 •Capable of scanning in black and white or full color •Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device. •Includes a control screen mounted on the scanning device •Weighs 2kg or less •Water resistant •Capable of operation in high heat weather conditions •Includes a height sensor and internal compass •Rechargable battery that will power the device for a minimum of four hours •Warranty for a minimum of one year SOFTWARE related to the devices should support the following activities: •Includes access to software necessary to process recorded data and convert it into images into diagrams and/or 3D representations. •Software allows diagrams and 3D images to be downloaded and saved on a separate device TRAINING related to the devices should include the following: •Training in the use of both devices •Training in the use of software and creation diagrams and 3D images   Packet Pg. 420 16 Exhibit B Delivery Schedule Equipment shall be delivered to the San Bernardino Police Department at 710 N. D Street, San Bernardino, CA 92401 within 30 days of issuance of a purchase order.   Packet Pg. 421 17 Exhibit C Fee Schedule [ATTACHED]   Packet Pg. 422   Packet Pg. 423 4 7 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Construction Contract Award for Various Improvements (All Wards) Recommendation Adopt Resolution No. 2022-182 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and 2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for City Wide Bus Stop Improvements; and 4.Authorizing the City Manager or designee to execute all documents for the construction of the bus stops, the Blair Park fitness pad and the Mobile Veterinary Vehicle parking pad; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects.   Packet Pg. 424 4 7 8 Background The Public Works Department is responsible for maintaining several bus stops located throughout the city. The locations include Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, and Rialto Avenue at Macy Street. These bus stops have deteriorated and require ADA access improvements. On November 3, 2021, the SBCTA Board of Directors approved funding from the Transportation Development Act (TDA), Article 3 Transit Stop Access Program, for Accessibility Improvements for the City of San Bernardino Bus Stops Project in an amount of $50,800 with a local match required from the City in the amount of $10,200. On May 4, 2022, the Mayor and City Council of the City of San Bernardino accepted Article 3 Grant Funds, for the Transit Stop Access Program in the amount of $50,800 with a local match of $10,200 from the Measure I fund for a total project budget of $61,000. During the preparation of the bid documents, Engineering staff was approached by the Parks and Recreation Department to request the addition of a concrete pad for the fitness center at Blair Park. Parks and Recreation received grant funding in the amount of $130,000 to complete the requested concrete pad. The City Council accepted the grant funding on February 16, 2022. Additionally, the Animal Services Department requested that the Engineering Department include a parking pad for the Animal Services Mobile Veterinary Vehicle that is expected to be completed by mid-2023. Animal Services received grant funding in the amount of $825,000 from the San Manuel Band of Mission Indians, part of which will fund the purchase of the unit and build the pad, as well as provide other services for the community. The City Council accepted the grant funding on February 16, 2022. To summarize, the initial scope of work was to improve bus pads at the following locations: Rialto and Macy – WB (Ward 3) Kendall and Lakewood – EB (Ward 5) Kendall and Brookfield – EB (Ward 5) E Street and 36th Street - NB (Ward 7) Project Additions include the following: Animal Shelter Veterinary Mobile Vehicle Pad (All Wards) Blair Park National Fitness Campaign Pad (Ward 5) Staff prepared plans and specifications for the Citywide Bus Stop Improvements Project. The proposed expanded scope of work takes advantage of economies of scale, allowing the City to contract once for similar work in several departments. Overall, the work consists of various improvements, including clearing and grubbing,   Packet Pg. 425 4 7 8 removal and construction of various concrete improvements such as concrete slabs, curb and gutter, sidewalk, curb ramps, and bus door landing areas, and all related work as specified on the plans and specifications. Discussion Project 13507 was advertised for public bidding on June 7, 2022, and June 14, 2022, in the San Bernardino County Sun Newspaper and on May 25, 2022, in the Construction Bid Board and Bid America Online. Sealed bids were received and opened on June 30, 2022. The City received two bids as follows: Bidder City Base Bid Tryco General Engineering Rimforest $238,780 DM Engineering Colton $754,795 The City reviewed the bid packages and confirmed that Tryco General Engineering, of Rimforest, California, is the lowest responsible and responsive bidder, with a total bid amount of $238,780. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1e: Improve Operational & Financial Capacity – Minimize risk and litigation exposure. approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving travel surfaces and bringing bus stops into ADA compliance. Fiscal Impact The project costs and associated funding are outlined in the table below. Estimated Project Cost Total Bid Amount $ 238,780 Construction Contingency $ 23,720 Engineering and Inspections $ 9,000 Total Contract Work $ 271,500 The lowest bid, with project contingency and engineering inspections, reflect a total project cost of $282,680. Funding Citywide Bus Stop Improvements (Grant Funds) $ 50,800 Citywide Bus Stop Improvements (Measure I Local Match) $ 10,200 Animal Shelter Veterinary Mobile (San Manuel Grant) $ 66,000 Blair Park Fitness Court (Parks and Recreation Grant) $ 50,000   Packet Pg. 426 4 7 8 Budget Amendment Needed $ 94,500 Total Available Project Funding $ 271,500 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and 2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for the City-Wide Bus Stop Improvements; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the bus stops, the Blair Park fitness pad and the Mobile Veterinary Vehicle parking pad; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects. Attachments Attachment 1 Resolution No. 2022-182 Attachment 2 Resolution No. 2022-182; Exhibit A – Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Tryco General Engineering Bid Attachment 5 Location Map Ward All Wards Synopsis of Previous Council Actions June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22   Packet Pg. 427 Resolution No. 2022-182 Resolution 2022-182 August 17, 2022 Page 1 of 4 5 3 6 RESOLUTION NO. 2022-182 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH TRYCO GENERAL ENGINEERING, IN THE AMOUNT OF $238,780 TO PROVIDE CITY WIDE BUS STOP IMPROVEMENTS; AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO RECORD AN AMENDMENT FROM THE MEASURE I FUND TO ALLOCATE AN ADDITIONAL $89,500 TO FUND THE PROJECT; AUTHORIZING CONSTRUCTION, CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $271,500 FOR THE CITY WIDE BUS STOPS IMPROVEMENTS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION OF THE CITY WIDE BUS STOP IMPROVEMENTS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City is responsible for maintaining bus stops to Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, WHEREAS, the Parks and Recreation Department desired to include the concrete pad for the fitness center at Blair Park, and Animal Control desired to include a parking pad for the Animal Veterinary Mobile Vehicle. WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements project; and WHEREAS, on June 9, 2022, staff administered a competitive process for Construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements Project No.13507 (“Project”) resulting in two bids submittals; and   Packet Pg. 428 Resolution No. 2022-182 Resolution 2022-182 August 17, 2022 Page 2 of 4 5 3 6 WHEREAS, Tryco General Engineering, California, has been determined to be the lowest responsible and responsive bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Tryco General Engineering of Rimforest, California, in the amount of $238,780 to complete 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 Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements Project No.13507on behalf of the City and to expend contingency funds, if necessary, to complete the Project. SECTION 3.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $89,500 from Measure I Fund saving to fund the Project. SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $238,780 to Tryco General Engineering (not including contingencies or Inspection and testing), of Rimforest, California, in support of the Construction Agreement. SECTION 5. 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 parking lots improvements . 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.   Packet Pg. 429 Resolution No. 2022-182 Resolution 2022-182 August 17, 2022 Page 3 of 4 5 3 6 (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 renovation of parking lots 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 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 17th day of August 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 430 Resolution No. 2022-182 Resolution 2022-182 August 17, 2022 Page 4 of 4 5 3 6 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. 2022-182, adopted at a regular meeting held on the 17th day of August 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 431   Packet Pg. 432   Packet Pg. 433   Packet Pg. 434   Packet Pg. 435   Packet Pg. 436   Packet Pg. 437   Packet Pg. 438 Improvement Boundaries Kendall Dr @ Brookfield St, Eastbound Bus Stop   Packet Pg. 439 Improvement Boundaries Kendall Dr @ Lakewood Dr, Eastbound Bus Stop   Packet Pg. 440 Improvement Boundaries N E St @ W 36th St, Northbound Bus Stop   Packet Pg. 441 Improvement Boundaries W Rialto Ave @ S Macy St, Westbound Bus Stop   Packet Pg. 442 Improvement Boundaries San Bernardino City Animal Shelter, 333 Chandler Pl   Packet Pg. 443 Improvement Boundaries Blair Park, 1466 W Marshall Blvd   Packet Pg. 444   Packet Pg. 445   Packet Pg. 446   Packet Pg. 447   Packet Pg. 448   Packet Pg. 449   Packet Pg. 450   Packet Pg. 451   Packet Pg. 452   Packet Pg. 453   Packet Pg. 454   Packet Pg. 455   Packet Pg. 456   Packet Pg. 457   Packet Pg. 458   Packet Pg. 459   Packet Pg. 460   Packet Pg. 461   Packet Pg. 462   Packet Pg. 463   Packet Pg. 464 6 1 6 Consent Calendar City of San Bernardino Request for Council Action Date: August 17, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Subject: Professional Services Agreements - On-Call Inspection Services Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a one-year Professional Services Agreements with the firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, to provide as- needed, on-call Inspection Services and authorize the City Manager, or designee, to sign and execute the agreements. Background The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s Capital Improvement Program (CIP), which is adopted annually by the Mayor and Council. This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, handicap ramps, and other public improvements. In an effort to continue responsive customer service to the public and development community, increasing inspections services will lead to better customer service to the public and development community. Occasionally for construction of a project, additional inspection expertise is needed to ensure Capital Improvement Project contractors are in compliance with specifications and techniques. Discussion On May 10, 2022, Public Works requested proposals to provide on-call Inspection Services for Capital Improvement Program projects. Eight (8) responses to the RFP were received on June 2, 2022. The following are the firms that responded to the RFP: 1- Z&K Consultants 2- Infrastructure Engineers 3- G&K Associates   Packet Pg. 465 6 1 6 4- South Star Engineering 5- FCG Consultants 6- RMA Groupe 7- Khoury Engineering 8- Hilltop Geotechnical The proposals from the firms were evaluated by staff based on several criteria including: •Understanding of the work to be performed •Experience with similar kinds of work (including experience with the City) •Qualifications of key personnel •Rates •Familiarity with state and federal procedures •Financial responsibility •Demonstrated technical ability A selection committee consisting of management level staff reviewed the eight proposals and three firms were selected to advance to the next phase. The top three firms (Z&K Consultants, GK & Associates and Infrastructure Engineers) were interviewed and chosen to provide the services. All three firms received superior ratings in the areas of related experience, adequacy of staff, and completion schedule. To provide for the needed on-call Inspection Services, it is recommended that multiple agreements be awarded to maintain efficient service to the City; if the demand for Inspection Services increases and the availability of one firm is hindered, staff can defer to one of the approved firms without delays. Each firm charges an hourly rate of $115.00, which is all inclusive. The agreements as proposed will expire on August 17, 2023, unless earlier terminated. Subject to agreement of the parties in writing, the agreements may be administratively extended by the City Manager, or designee, for a maximum of four additional one-year terms, unless terminated early by cause. All work will only be authorized on an as-needed basis. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City since it will contribute to well-maintained streets for sustained economic growth. Fiscal Impact Z&K Consultants, GK & Associates, and Infrastructure Inspection Services will be paid through various CIP projects budget. Each firm shall receive compensation, including authorized reimbursements, for all services rendered under their respective agreement. Task Orders will comply with the City’s procurement guidelines.   Packet Pg. 466 6 1 6 Conclusion It is recommended the Mayor and City Council of the City of San Bernardino, California, approve the award of a one-year Professional Services Agreements with the firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, to provide as-needed, on- call Inspection Services and authorize the City Manager, or designee, to sign and execute the agreements. Attachments Attachment 1 Agreement with Z&K Consultants Attachment 2 Agreement with GK & Associates Attachment 3 Agreement with Infrastructure Engineers Ward: All Synopsis of Previous Council Actions: None   Packet Pg. 467 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z&K CONSULTANTS, INC. This Agreement is made and entered into as of August 17, 2022 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 Z&K Consultants, Inc., a California Corporation with its principal place of business at 473 E Carnegie Drive, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 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. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in   Packet Pg. 468 2 the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms. 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 a Task Order from the City to proceed.   Packet Pg. 469 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.   Packet Pg. 470 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 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   Packet Pg. 471 5 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). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.   Packet Pg. 472 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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit   Packet Pg. 473 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) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary   Packet Pg. 474 8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the 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   Packet Pg. 475 9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized 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   Packet Pg. 476 10 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 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.   Packet Pg. 477 11 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 the property of the City. 27. Organization. Consultant shall assign Crystal Fraire as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.   Packet Pg. 478 12 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: Z&K Consultants 473 E Carnegie Drive San Bernardino, CA 92408 Attn: Crystal Fraire, President 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns   Packet Pg. 479 13 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. 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.   Packet Pg. 480 14 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 481 15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z&K CONSULTANTS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Z&K CONSULTANTS, INC. Signature Name Title   Packet Pg. 482 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [ATTACHED]   Packet Pg. 483   Packet Pg. 484   Packet Pg. 485   Packet Pg. 486   Packet Pg. 487   Packet Pg. 488   Packet Pg. 489   Packet Pg. 490   Packet Pg. 491   Packet Pg. 492   Packet Pg. 493   Packet Pg. 494   Packet Pg. 495   Packet Pg. 496   Packet Pg. 497   Packet Pg. 498   Packet Pg. 499   Packet Pg. 500   Packet Pg. 501   Packet Pg. 502   Packet Pg. 503   Packet Pg. 504   Packet Pg. 505   Packet Pg. 506   Packet Pg. 507   Packet Pg. 508   Packet Pg. 509   Packet Pg. 510   Packet Pg. 511   Packet Pg. 512   Packet Pg. 513   Packet Pg. 514 Z&K Consultants, Inc | 473 E Carnegie Drive, San Bernardino, CA 92408 | www.zandkconsultants.com COST PROPOSAL June 2, 2022 Issa Saed, PE, Principal Civil Engineer City of San Bernardino Public Works Department, Engineering Division 201 North “E” Street, 2nd Floor San Bernardino, CA 92418 SUBJECT: REQUEST FOR PROPOSALS FOR CITY OF SAN BERNARDINO TO PROVIDE STAFF AUGMENTATION FOR CAPITAL IMPROVEMENT PROJECTS INSPECTION SERVICES Mr. Saed, Z&K Consultants based our proposal on the scope of work provided in the Request for Proposals. The below hourly rates are all-inclusive rates for regular hours. The hourly rates include costs and expenses related to mileage, transportation, cell phone, laptop, tablets, etc. Below is a table with the hourly rate schedule. A – Hourly Rates* - Construction Inspector (Reg) .................................................................................................................................. $115 *Hourly rates are subject to a 3% per annum. Hourly rate increases will take place on the first day of each year. Hourly Rates are fully burdened, including all overhead and profit. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. This offer shall remain firm for 90 days from the RFP close date. The payment terms shall be net thirty (30) days. Hourly Rates are fully burdened, including all overhead and profit. Z&K Consultants, Inc. does not have any subconsultants for the requested services. All insurance will be in force at time of contract execution. We understand that the City is seeking services of an experienced consultant to provide adequate staff on short term or long-term basis to provide construction inspection services for CIP Projects. We understand that the City will not pay or compensate separately for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of the consultant services. I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of San Bernardino and are committed to the successful completion the City’s important projects. Sincerely, Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | cfraire@zandkconsultants.com   Packet Pg. 515 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z&K CONSULTANTS, INC. Consultant: Z&K Consultants, Inc. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO Z&K CONSULTANTS, INC. Dated: Dated: By: By:   Packet Pg. 516 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES This Agreement is made and entered into as of August 17, 2022 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 EC&AM Associates, Inc., a California corporation d/b/a GK & Associates with its principal place of business at 3333 Brea Canyon Road, #120, Diamond Bar, CA 91765 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 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. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in   Packet Pg. 517 2 the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms. 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 a Task Order from the City to proceed.   Packet Pg. 518 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.   Packet Pg. 519 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 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   Packet Pg. 520 5 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). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.   Packet Pg. 521 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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit   Packet Pg. 522 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) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary   Packet Pg. 523 8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the 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   Packet Pg. 524 9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized 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   Packet Pg. 525 10 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 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.   Packet Pg. 526 11 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 the property of the City. 27. Organization. Consultant shall assign Ghazala Khan as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.   Packet Pg. 527 12 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: GK & Associates 3333 Brea Canyon Road, #120 Diamond Bar, CA 91765 Attn: Ghazala Khan, President 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns   Packet Pg. 528 13 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. 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.   Packet Pg. 529 14 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 530 15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES 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 EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES Signature Name Title   Packet Pg. 531 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [ATTACHED]   Packet Pg. 532 Proposal for Capital Improvement Projects Inspection Services Prepared for: 3333 Brea Canyon Rd, #120 Diamond Bar, CA 91765 909-595-1940 www.gkandassociates.com June 2, 2022   Packet Pg. 533 Fax: 909-595-1314 Email: GKhan@GKandassociates.com Tel: 909-595-1940 3333 Brea Canyon Road, 120 Diamond Bar, CA 91765 www.gkandassociates.com June 2, 2022 City of San Bernardino Public Works/ Engineering Division Attn: Issa Saed, P.E. Principal Civil Engineer 290 North D Street San Bernardino, CA 92401 Subject: Proposal to Provide Staff Augmentation for Capital Improvement Projects Inspection Services Dear Mr. Saed, GK & Associates is pleased to submit our proposal to provide Capital Improvement Inspection Services to the City of San Bernardino. GK & Associates is uniquely qualified to provide inspection services to meet the needs of the City as we have previously provided many cities, including City of San Bernardino, with similar exceptional services. We have assembled a team of outstanding Inspectors who are ready and willing to assist the City of San Bernardino with its upcoming projects. Our Inspectors have over 20 years of experience in handling similar projects for over a dozen cities. The staff is very familiar with all the requirements and conditions of approval for several municipalities. We understand that the City is looking to provide a cost effective and an efficient service to the public and we believe and know that our team is ideal and the best fit for your needs. I, Ghazala Khan, will be actively involved in all projects pertaining to this contract if awarded to GK & Associates. I will serve as client representative and point of contact as well as participate in the over-all project management to assure good quality control. I also acknowledge that GK & Associates is financially stable, as we have been since inception. I will also make it imperative to fulfill the requirements of assigned projects. We look forward to the opportunity to assisting the City with its various Capital Improvement Project Inspection needs. If you have any questions, please contact me directly at 909-595-1940 (office), or 909-964- 9932 (cell). Thank you for the opportunity to serve you. Sincerely, EC&AM Associates, Inc. dba GK & Associates Ghazala Khan President   Packet Pg. 534 Table of Contents Section 1 | Cover Letter Section 2 | Qualifications & Experience……………………………………………….1 Section 3 | Scope of Services……………………………………………………………….3 Section 4 | Key Personnel…………………………………………………………………….4 Section 5 | References….……………………………………………………………………18 Section 6 | Fee Schedule.……………………………………………Separately Sealed   Packet Pg. 535 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 1 Company Background EC & AM Associates, dba GK & Associates, a privately held corporation established in 2002 and located in Diamond Bar, CA, is a civil engineering, construction management and asset management firm focused on providing Construction Management and Inspection Services exclusively to cities and agencies across in Southern California. GK & Associates is an organization of highly skilled and professional staff that has the collective experience of working with municipalities for over thirty years. Our team consists of Civil Engineers, Traffic Engineers, Construction Managers, and Infrastructure Asset Managers. We deliver excellent services and serving the specialized needs of our clients in a very efficient manner. Experience Our Construction Inspectors are experienced in providing these services for over 30 years to different agencies and municipalities and they will make sure that the inspections are thorough, in accordance with the City codes and complete from all aspects of engineering and construction aspects. We have very diverse and resourceful team members, who have excellent experience skills in Design, Construction, related to Municipal Engineering/Public Works projects in design, and construction of Streets and Highways, Flood Control and Storm Drain. Our group offers ethical, professional solutions with excellent communication skills while offering great management capabilities. Capabilities We provide excellent project management services based on our client’s needs. We work with the most recognized and accepted instruments and codes, such as the Public Contract Code, the Standard Specification for Public Works Construction, “the green book”, CALTRANS Standard Specifications, Uniform Building Code, American with Disabilities Act, and local standards to complete and manage all project phases form preliminary design through construction. Constructability Review GK&A provides a comprehensive review of the design documents including the specifications and drawings to identify potential conflicts with regard to biddability and constructability issues. Change Order Estimating and Negotiation Independent change order estimating throughout the project. When changes are initiated and scope is defined, our change order estimator can provide an independent change order estimate to allow you to forecast and budget the cost of potential changes as well as provide a sound starting point for negotiations with the contractor. We can then help you in negotiating fair change order pricing. Schedule Review GK&A also provides an initial review and recommendation and acceptance of the contractor’s Critical Path Method Schedule (CPM). The schedule can then be used to monitor the contractor’s progress and link to the construction progress payments. Qualifications & Experience   Packet Pg. 536 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 2 Construction Inspection On call and full time specialty construction inspection can be provided for Capital Improvement Projects consisting of streets, storm drains, water, sewer, traffic signals, traffic signs, pavement markings, maintenance projects, and addition construction projects. Document Management Computerized document management system for filing, storage, and retrieval of all construction documents and correspondence, including daily construction activity reports, RFIs, change orders records, contractor submittal and shop drawing logs, meeting minutes, invoice and progress payment records, etc. Administrative/Secretarial Support GK & Associates also provides as-needed support by professional administrative staff well versed in construction related services. Experience in Resolving Contract Disputes GK & Associates’ team members have successfully resolved several contract disputes on construction projects in a very organized fashion through a deeper working knowledge of the design and construction phase, while at the same time maintaining job site safety standards, surrounding community issues and protecting City’s standards. This process has been implemented by keeping an objective, fair, consistent and efficient partnering approach to all contract disputes, and keeping all stakeholders/parties interest in mind. Quality Control/Assurance GK & Associates’ Quality Assurance plan includes construction work to be in conformance with the Plans and Specs, keeping in mind that the contractors proceed with the construction work completely within City ordinances, and standard specifications for Public Works projects. The plan includes clearly identifying field activities, task assignments, and responsibilities for each team representative and all field activities to be monitored according to the QA/QC plan, selected for the project in following design, budget tracking controls, regular team meetings and regular reporting to the City.   Packet Pg. 537 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 3 Project Understanding The City of San Bernardino is seeking a qualified consultant to provide Capital Improvement Projects Inspection Services for the City’s Public Works Engineering Division. Projects within the 5-year Capital Improvement Program consist of improvements on long term and short term assignments for streets, storm drains, traffic, water, sewer, pavement markings and maintenance projects. Scope of Work Our scope of work is focused on delivering Capital Improvement Projects Inspection services in accordance with your RFP requirements. We have carefully reviewed all of the scope requirements under the RFP – Staff Augmentation Capital Improvement Projects Inspection Services for the Capital Improvement Program and are fully prepared to fill all of your needs as described in the RFP. GK & Associates Public Works Inspection Services include: • Provide one or more qualified Contract Inspectors on an as-needed basis • Perform Constructability review and prepare response n writing with recommended modifications to be incorporated prior to receipt of bids • Inspect construction of CIP projects assigned including but limited to streets, curbs, gutters, storm drains, sewers, sidewalks, water lines, alleys, traffic signals, bridges, and so on. • Testing and reporting on construction materials • Determine whether construction and inspection are in conformity with safety regulations; all work not in accordance with plans and specifications will be stopped for noncompliance • Prepare final punch list and schedule final inspection • Investigate complaints • Attend all as-needed meetings • Compose daily reports on progress of work • Assist the City Engineer in the evaluation of recommended changes to the work; Inspector will not have authority to authorize changes • Deliver, pick up and reviews plans and specifications prior to and during the project. Scope of Services   Packet Pg. 538 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 4 EDUCATION/TRAINING MBA, PKE, Presidential Key Executive Program Business Administration MSc, Biology/Environmental Sciences Construction Management Training MEMBERSHIPS APWA Board Member for Street and Technology Metro Centre Association Board Member Registered Environmental Assessor INDUSTRY TENURE 30+ years GHAZALA KHAN Project Principal Summary of Experience Ms. Khan has been directly involved in providing Program Management and Construction Management Support Services to municipal clients for over 29 years. These services have typically covered all aspects of construction contract administration for timely and successful project delivery. As such her experience includes: quality control inspection, cost and schedule control, document management, change order estimates and negotiations, claim resolutions, partnering/teambuilding workshops, interagency coordination liaison, community outreach, and dispute resolution. Ms. Khan is currently working as principal-in-charge for Construction Management and Inspection services to the Inland Empire Utilities Agency which includes providing Construction Managers, Inspectors and Engineers for managing construction of CIP projects at RP4 and RP1. She has also provided asset planning and management, asset valuations, infrastructure condition assessments, and business process improvements for Los Angeles Department of Water and Power. Ms. Khan was also the project manager for City of San Diego, Water Department that includes developing asset hierarchies, updating asset inventories, creating comprehensive asset registers, determining asset criticality and establishing asset replacement values. Relevant Project Experience Ms. Khan’s Plan check experience includes the following: City of Banning: Mountain Avenue/ Wilson Avenue, Peppertree Apartments ($11.4K) • Mountain Avenue Tract Homes Project ($19.4K) • Banning Petroleum ($4.4K) • Tract Homes Project ($13.1K) • Fiesta Homes Project ($11K) • Mini-warehouse and storage ($4.7K) • Tract No. 29233, plan check services for a 10-lot subdivision ($3.5K) • Tract No. 31833, plan check services for 17-lot subdivision ($6.5K) • Tract No. 31834, plan check services for 18-lot subdivision ($5.7K) • Tract No. 31835, plan check services for 33-lot subdivision ($10.4K) • Tract No. 30774, Cameo Homes ($16K) • Tract No. 32175, King Street ($3.2K) • Tract No. 30642, plan check services ($9K) • Tract No. 31748, plan check services ($4.3K) City of Lancaster: • Traffic Control Plan Check Services for Tract No. 061225 • Traffic Control Plan Check Services for Storm Drain & Water for Tract No. 60614 • Traffic Control Plan Check Services for Tract No. 54025 Key Personnel   Packet Pg. 539 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 5 • Traffic Control Plan Check Services for Tract No. 61206 • Traffic Control Plan Check Services for Tract Nos. 54369, 54370, & 54370-2 • Traffic Control Plan Check Services for Tract No. 61920 • Traffic Control Plan Check Services for Tract No. 54411 and 62326 • Traffic Control Plan Check Services for Tract No. 54370/PM27135 • Plan checking services for Subdivision Improvement for Tract No. 53229  Inland Empire Utilities Agency: Construction Management Services which includes their RP-4, RP-1 facilities including pump stations, reservoirs, and several pipelines located in the agency’s jurisdiction.  City of Brea: Construction Management and Inspection Services for Reservoir, Pump Station, street rehabilitation and development work.  City of Downey: Construction management and Inspection services for street rehabilitation and Traffic Signal update and new construction.  City of Glendale: Construction management and Inspection services for Traffic signal updates including installation of fiber optic cameras throughout the City.  City of South Pasadena: currently managing construction management and inspection services for Water, Sewer, street including Curb/Gutter and Sidewalk projects.  City of Bradbury: Asset inventory, condition assessment, asset valuations and replacement planning, and interdepartmental coordination related to GASB 34 compliance work.  City of Pico Rivera: Principal-in-Charge for several Construction and Inspection services for infrastructure projects. In addition provided engineering staff augmentation for Water Department, Engineering Department and Maintenance Department.  City of Lancaster: Project Management and Inspection services for City wide Projects including Street Rehabilitation, Development projects and Traffic Signal updates.  City of Whittier: Construction Management Services for several water and sewer pipeline projects, Construction Management Services for replacement of water pipeline projects.  City of Baldwin Park: Construction Management services for street rehabilitation and construction of Teen Center.  City of Diamond Bar: Construction Management for the construction of Community Center.  City of Las Vegas: Construction Management Services for Las Vegas Convention Center.  City of Temecula: Program/Construction Management for Temecula Medical Building,  City of Compton: Construction Management Services for Street Rehabilitation and traffic signal upgrades.  City of Norwalk: Construction Management Services for street rehabilitation and pump station  City of Colton: City Museum Constructability Review and Contract Claim Review and Resolution Services, Right-of-Way negotiation services and field investigation for the widening of Fairway Avenue. In addition she has managed Construction Management and Inspection Services for Missing Link Project, on several streets involving project design with sidewalk, curb and gutter.   Packet Pg. 540 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 6 EDUCATION/TRAINING California State University, San Bernardino, California Westec College, ACCSCT, Pomona, California Traffic Signal Operations Specialist – TSOS Traffic Signal Inspection – TSI Certified Public Works Infrastructure Inspector – CPII (Pending) PROFESSIONAL ORGANIZATIONS Institute of Transportation Engineers (ITE) International Municipal Signal Association (IMSA) American Public Works Association (APWA) INDUSTRY TENURE 26 years DAVID ALCALA Traffic/Communications Inspector Summary of Experience Mr. Alcala has over 30 years of in-depth and detailed working knowledge and experience of Inspecting, and managing federally funded Public Works projects. He has worked on projects that include Construction traffic control to ensure compliance with applicable codes and standards, in particular for CAMUTCD. He has inspected several projects performing compliances with applicable regulatory requirements, BMP, and air regulatory compliance. He has made sure that all concrete improvements, electrical improvements, and AC Paving, fiber- optic communications, installation and testing are completed and documented on the field review documents. Mr. Alcala is extremely familiar with City of Downey Standards along with Caltrans and Public Works Standards and Specs. He has inspected materials and equipment upon delivery for compliance with construction contract Documents. He has closely monitored compaction, material and concrete cylinder and other needed testing results to make sure the contractor is within compliance requirements, along with preparing final punch list items. Relevant Experience Agency: City of Norwalk Contract Title: Studebaker Road, Rosecrans Ave to Alondra Blvd Traffic Signal Project Scope of Services: Mr. Espinoza was the Inspector on the Traffic Signal project on Studebaker Road. This Federally Funded project included upgrading the signal hardware, installing new pedestrian countdown signal heads, installing fiber optic interconnect, installing ADA compliant curb ramps, and updating the signal timing coordination. His duties included completion of daily reports, with supporting pictures on daily basis. Agency: City of Downey Contract Title: Paramount Blvd Traffic Signal and Safety Enhancements Improvement Project Scope of Services: Mr. Alcala inspected the Traffic Signal and Safety Improvement Project from the intersections of Paramount Boulevard at Gardendale Street, Quill Drive/Quoit Street, Alameda Street, Stewart & Gray Road, Brookmill Road, Firestone Boulevard, 3th street, 5th street, 7th street, Florence Avenue, Lubec Street, Suva Street, Gallatin Road, and I-5 Freeway N/B off-ramp. The project was federally funded through Federal Highway Safety Improvement Program (HSIP) Cycle 7 funds. His duties included preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project, while keeping constant communication with the City and all involved stakeholders. Agency: City of Downey Contract Title: Paramount Blvd Fiber Optic/Communication Project Scope of Services: Mr. Alcala inspected projects that consisted of modification of existing traffic signals and the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. These projects modified, upgraded and connected several existing traffic signals along Paramount Blvd to tie into the existing fiber optic system. He was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project, such as traffic signals and lighting, grading and paving, water, sewers, storm drains and landscape irrigation. Mr. Alcala reviewed and observed traffic control to ensure public safety and compliance   Packet Pg. 541 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 7 with applicable codes and standards including the California Manual of Uniform Traffic Control Devices (CAMUTCD) and Work Area Traffic Control Handbook (WATCH). Agency: City of Downey Contract Title: Bellflower Blvd Fiber Optic/Communication Project Scope of Services: Mr. Alcala inspected the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. This project connected the City of Downey Maintenance Yard and the Water Facilities Yard into the city’s existing fiber optic communications system. It included the installation of conduit, cables and pull boxes as well as the integration with an existing vault in Bellflower Blvd. He was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project. Agency: City of Downey Contract Title: Imperial Highway Traffic Signal Upgrades and Fiber Optic/Communication Project Scope of Services: Mr. Alcala Inspected the modification of existing traffic signals and the installation of fiber optic conduit, vaults, manholes, pull boxes and cable for the City of Downey Public Works Department. The project modified, upgrade and connect several existing traffic signals along Imperial Highway from the eastern city limits to the western limits. Tied into the existing fiber optic system at Paramount and installed a hub at Woodruff for a future project. He was responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of manpower used on the project. Agency: City of Burbank Contract Title: Three Traffic Signal Modification Inspection, Project BS1399 Scope of Services: Mr. Alcala was the Construction Manager for the modification of three traffic signal modifications that include traffic signal poles, cabinets, pillboxes, conduits, conductors and wiring, video detection systems, lighting and signing and striping improvements. On-going coordination with various utility companies and daily documentation of inspector logs with photos are maintained and verified. As a part of the inspection services, DPA also reviews and verifies construction material submittals, accurately measures bid item quantities and maintains on-site presence to ensure proper construction techniques are being used. Agency: City of Burbank Contract Title: Florence Street and Olive Avenue Traffic Signal and Communication Installation, Project BS1414 Scope of Services: Mr. Alcala was the Construction Manager for the installation of a traffic signal at the intersection of Florence Street and Olive Avenue. The traffic signal poles and equipment, street lighting, fiber-optic communications and signing and striping work was inspected and managed on a daily basis. DPA also provided safety inspection related to the removal of a street light, foundation, including coordination with Burbank Water and Power for de-energizing of nearby power lines. The ITS related inspection included the installation of communications equipment such as a fiber optic splice vault, copper and fiber optic cables on Olive Avenue from Florence Street to Buena Vista Street. Agency: County of Riverside Contract Title: Downtown Riverside Fiber Optic/Communication Project Scope of Services: Inspected and observed the installation of the F/O conduit, vaults, manholes, pull boxes and cable for Riverside County Information Technology. This project connected several county buildings including the DA’s office, courthouse and jail. Responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project. Mr. Alcala has also worked on the construction and modification of numerous intersections within the City of Riverside in coordination with this project. Agency: City of Irwindale Contract Title: Irwindale and Edna Place   Packet Pg. 542 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 8 Scope of Services: Mr. Alcala inspected the installation of a new traffic signal system with video detection, CCTV and railroad preemption. This project included cabinet setup, timing upload and interconnect system installation. Coordination with the Union Pacific Railroad and Metrolink was a major part of this project due to the proximity of the new signal to the existing tracks. Responsible for the preparation of daily logs and the inspection of installed elements of the project including the proper staging of traffic control, work site safety and verification of man power used on the project. Agency: City of Glendale Contract Title: Traffic Signal Upgrade Scope of Services: Mr. Alcala provided the inspection of traffic signal modifications at the intersections of Sonora Avenue/Air Way and Grandview Avenue/Air Way. In addition to the traffic engineering components, Mr. Alcala also inspected with the Curb and Gutter installation, sidewalks and minor AC pavement installation. He provided construction inspection services on Traffic Signal updates with video, fiber optics and other equipment. He also provided inspection services on several street related Rehabilitation projects. Agency: City of Glendale Contract Title: Metrolink Crossings at San Fernando Road/Broadway-Brazil Street & Chevy Chase Drive Scope of Services: Mr. Alcala inspected traffic signal modification and copper/fiber interconnects system. In addition, to the traffic engineering components, the project consisted of the inspection of AC pavement, curb and gutter, catch basins, and drop inlets. As a part of the project, the installation of an 18” storm drain along San Fernando Road was also inspected.   Packet Pg. 543 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 9 EDUCATION Antelope Valley College CERTIFICATIONS OSHA 10 Tanker Endorsement Commercial Class A Driver’s License CPR/First Aid/ AED OSHA 510 Industry Standards for the Construction Industry California Contractors License #875766 California Teaching Credentials in Construction and Building Trades INDUSTRY TENURE 20+ years JUAN ABAD Construction Inspector Summary of Experience Mr. Abad has over 20 years of providing Inspection and Quality Control on Public Works Capital Improvement Projects. As a public works inspector, he has worked on various street, water, and traffic projects consisting of curb and gutter, ADA improvements, driveway approached, catch basins, sidewalks and center medians per specific City’s standard and specifications and Greenbook standards. He has inspected numerous Capital Improvement Projects as well as Caltrans freeway work, Metro Division, Housing tracts, private and commercial concrete site improvements. Relevant Experience Agency: City of Victorville Contract Title: Victorville Wellness Center Scope of Service: Mr. Abad provided inspection services for Phase one of the Victorville Wellness Center that included site grading, utilities, concrete, off site street improvements. Phase one construction cost was $4.8 million. Mr. Abad’s responsibilities included, but were not limited to, daily inspection reports with site pictures, quality control, reviewing the plans and specs, and communications with contractor, City and all involved parties. Agency: City Of Lancaster Contract Title: 15th West Lancaster Roundabout Scope of Service: Mr. Abad provided services for the Public Works Capital Improvement, 15th West Lancaster Roundabout which consisted of curb and Gutter, ADA handicap access ramps, bike pathway, sidewalks, parkway drains, stamped/colored concrete, and center medians. The project cost was $2 million. His responsibilities included but were not limited to daily inspection reports with site pictures, quality control, reviewing the plans and specs, and communications with contractor, City and all involved parties. Agency: City of Palmdale Contract Title: Avenue S Widening Scope of Service: Mr. Abad reviewed plans to ensure they complied with codes regulations and local standards and specifications, completed inspection reports and maintain detailed records of work performed, provided effective communication for the Public Works Capital Improvement Project of Avenue S Widening. This project consisted of Curb and Gutter, ADA handicap access ramps, catch basins, commercial driveways, sidewalks, center medians, stamped/colored concrete. The project cost was $11 million. Agency: City of Palmdale Contract Title: Rancho Vista Widening Scope of Service: Mr. Abad provided his services for the Public Works Capital Improvements Project of Rancho Vista Widening which consisted of Gap Closure, Curb and gutter, sidewalks, bike paths, catch basins, commercial driveways, stamped/colored concrete, center medians, and ADA handicap access ramps. The project cost was $7 million. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties.   Packet Pg. 544 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 10 Agency: City of Palmdale Contract Title: Yellen Park Scope of Service: Mr. Abad provided his service the $4 million project which consisted of Curb and Gutter, sidewalks, bike pathway, catch basins, parkway drains, ADA access handicap ramps, v-gutters, ribbon gutter, rip rap, colored concrete, commercial driveways. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties. Agency: City of Santa Clarita Contract Title: Old Town Newhall Improvements Scope of Service: Mr. Abad provided his service for the $2.2 million capital improvement project which consisted of Curb and gutter, sidewalks, ADA handicap access ramps, commercial driveways, catch basins, parkway drains, colored concrete. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties. Agency: City of Lancaster Contract Title: Avenue I and 10th Street West Improvements Scope of Service: Mr. Abad provided his services for the $2 million Capital Improvement Project which consisted of curb and gutter, ADA handicap access ramps, sidewalks, commercial driveways, catch basins, bike pathways, colored/stamped concrete, center medians. Mr. Abad provided daily reports, quality control, reviewed plan to ensure compliance and provide timely communications with all involved parties.   Packet Pg. 545 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 11 EDUCATION Bachelors of Science in Soil Science CERTIFICATIONS • ICC Soil • ICC Reinforced Concrete • ICC Masonry • ICC Fireproofing • ACI 1 • DSA Masonry • ACI Certification • 20+ Caltrans Certifications INDUSTRY TENURE: 25+ years NAZAR TOMA Senior Inspector Summary of Experience Mr. Nazar Toma has over 25 years’ of experience in performing inspection services on numerous projects consisting of grading, paving, concrete, masonry, water, street, and other city department construction projects on a routine basis. He has worked with several cities in Southern California, Caltrans, Schools and Airports. Nazar is well versed in determining work quality, safety, and Caltrans and city standards compliance. Nazar works effectively with contractors and owners to resolve issues for final approval and is a dependable inspector, making sure all projects are completed efficiently and effectively while making sure contractors comply with change orders. He has coordinated the scheduling of work between developers, contractors, and city departments. In his years as Construction Inspector he was responsible for several large projects consisting of testing, cost effectiveness of a project, quality control and quality assurance, keeping daily reports, plan review, corresponding with contractor and other Caltrans, school district, or City departments and ensuring public safety on the job site and surrounding streets. Relevant Experience Agency: Edison – City of Palmdale Contract Title: Tehachapi Renewal Transmission Project (TRTP) Scope of Services: Mr. Toma was the civil inspector responsible for inspecting grading, building retailing walls, access roads and following change orders, as well as daily inspection reports and communications with all involved parties. Agency: Caltrans Contract Title: I-5 Interstate Concrete Replacement Scope of Services: Mr. Toma was the Caltrans Inspector for the $15 million project. His Responsibilities included Quality Control and inspections of soil, concrete, field, batching plant, sampling and aggregate testing. Agency: Caltrans Contract Title: Interstate I-405 Widening Scope of Services: Mr. Toma provided inspection for the $1 billion project. His responsibilities consisted of but were not limited to Quality Control, testing soil and concrete, and following change orders, as well as daily inspection reports and communications with all involved parties. Agency: Caltrans Contract Title: Sound Masonry for Retaining Walls on Insterstate I-805 Scope of Services: Mr. Toma provided inspection for the $2 million project. His main responsibilities covered Q/A and Q/C masonry inspection, as well as daily inspection reports and communications with all involved parties. Agency: Caltrans Contract Title: HOV Lane I-805 Addition Scope of Services: Mr. Toma provided inspection for the $100 million project. His responsibilities included but were not limited to inspections of concrete paving and rapid set concrete, as well as daily inspection reports and communications with all involved parties.   Packet Pg. 546 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 12 Agency: Caltrans Contract Title: French Valley Off-ramp Project Scope of Services: Mr. Toma provided inspection for the $100 million project which included embankments, retaining walls, water, sewer concrete, and asphalt. His responsibilities consisted of testing and inspections of soil, concrete, batching plants, asphalt and following change orders all under Caltrans Standards. Agency: Caltrans Contract Title: San Ysidro Railway Station Improvement/Double Track Railway Scope of Services: Mr. Toma was the Caltrans Inspector for the $15 million project (Phase 1). His responsibilities were Quality Control and inspection of soil, reinforced concrete, grading utility- including water and sewer. Agency: Caltrans Contract Title: Sorrento Valley Railway Station Improvements/ Double Track Railway Scope of Service: Mr. Toma provided inspection services for the $2 million projects. His main responsibilities covered Quality Control and Quality Assurance Masonry inspection, as well as daily inspection reports and communications with all involved parties. Agency: City of San Diego Contract Title: Ramona Main Water Line Scope of Services: Mr. Toma was the ICC Inspector for the Ramona Water Main Line Upgrades which included building a new steel water tank and main water line (1.0 mile). My responsibility covered soil grading, backfill and concrete reinforcement. Agency: Camp Pendleton Contract Title: Camp Pendleton Improvements Scope of Services: Mr. Toma was the Civil Inspector for a $120 million project which included 6 buildings and over 800 marine bachelor rooms. The project also included a recycled water treatment plant, and water and sewer pipelines (total 1.5 mile). His responsibilities as project inspector covered soil grading, concrete reinforcement, masonry, utility backfill, parking lots, asphalt paving as well as following change orders, and documenting follow up with project cost, time and progress. Agency: Carlsbad High School Project Contract Title: Carlsbad High Football Field Project Scope of Services: Mr. Toma was the Civil Inspector for building a new football stadium with bleacher seating, new classrooms, a water treatment plant and new utility lines. As project inspector, he covered soil grading, concrete, masonry, micro pile drilling, installations, paving asphalt, and following change orders. Agency: San Diego School District Contract Title: DSA Inspector – Wilson Middle School Project Scope of Services: Mr. Toma was the DSA Inspector for a $100 million project of a new school. His Responsibilities included inspections of the soil, concrete, and DSA masonry.   Packet Pg. 547 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 13 TRAINING/LICENSES Reinforced Concrete Special Inspector, International Code Council Pre-stressed Concrete Special Inspector, International Code Council ACI Concrete Field Testing Technician Grade 1, American Concrete Institute Structural Masonry Special Inspector, International Code Council Structural Steel and Welding Special Inspector, International Code Spray-Applied Fireproofing Special Inspector, International Code Council Commercial Building Inspector, International Code Council INDUSTRY TENURE: 35+ years TONY PEREZ Senior Inspector Summary of Experience Mr. Perez has over 35 years’ of extensive and diversified experience servicing the public as a Certified Construction and Building Inspector with a strong background in all facets of construction. His experience includes roadwork, freeways, hospitals, schools, parking structures, multi- story buildings, communication towers, water treatment plants, public work facilities, buildings, underground sub-stations, subways and retrofitting of existing bridges and buildings. He is experienced with performing numerous street improvement projects including grading, raised medians, landscaped medians, street resurfacing and sewer/water projects and street widening and signal modifications. Tony has been responsible for many street rehabilitation projects which have included asphalt, concrete work and several new and existing street overlay projects. Tony has coordinated the scheduling of work between developers, contractors, site testing, city departments and private inspection agencies. In his years as Construction Inspector he was responsible for Caltrans Projects, City contracts, keeping daily diaries, corresponding with contractor and other City departments and ensuring public safety on the job site and surrounding streets. He documented contractor’s daily activities, equipment and manpower. Mr. Perez performed sampling of concrete (test cylinders) and laboratory testing for transfer and 28-day strength tests, unit weight, slump, air content also performed sand and rock graduations, organic impurities and documentation of all quality control work. Inspection of all incoming materials, cement, reinforcing steel, pre- stressing tendons Inspection of placement of reinforcing steel, pre-stressing tendons along with tendon elongation verification/documentation, concrete both during the batching and placement, verification of steel forms for sizes, lengths, verification of induced camber when required, utilization of accelerated curing by the use of live steam. Relevant Experience Agency: City of Glendale Contract Title: Construction Inspector Scope of Services: Mr. Perez inspected of Pile Driving & tie backs for two sub-terrane parking structures on Brand Avenue in the City of Glendale, California. Inspection of reinforcement, shot-Crete placement of walls, pool bottom and the epoxy bolt installation for the tracks for Jurassic Park ride also placement of reinforcement, concrete, tendon, stressing/documentation and false work for a parking structure. Agency: City of West Hollywood Contract Title: Inspector Scope of Services: Tony inspected above ground drilling and placement of PVC piping for chemical grout injection to stabilize tunnel heading during the tunneling operation, monitoring of chemical grout during its application, daily inspection of traffic control, lane closures, and detours along Lankershim Blvd, West Hollywood, California. He also performed inspection of reinforcement, concrete, electrical placement of cross passage inverts, walls, columns and beams, verification of false work installation, and inspection of sub-grade, base and hot mix asphalt for street replacement as required or determined, Portland cement concrete sidewalks, curbs, gutters, cross gutters, and islands.   Packet Pg. 548 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 14 Agency: City of Corona Contract Title: Inspector Scope of Services: Mr. Perez performed inspection of post-tension tendons along with tendon stressing/documentation, reinforcement and concrete placement for house slabs also sub-grade, base and hot mix asphalt (batch plant and field) for streets along with infrastructure improvements, Portland Cement Concrete curb and gutter, sidewalks and utilities. Agency: City of Murrieta Contract Title: Construction Inspector Scope of Services: Under Caltrans specifications, project included the improvements of two interchanges done in coordination with the development of the Murrieta Springs Mall. Mr. Perez inspected Bridge false work, reinforcement and concrete placement for bridge, approach slabs, abutments, cast in drilled hole piles for bents, concrete curing, and placement of post-tensioned tendons and grouting, partial demolition of existing bridge for tie in, verification of grades, installation of bearing pads. He inspected placement of false work, reinforcement, concrete, pre-stressed tendon and elongation/documentation for columns, slabs and beams along with the placement of Concrete curing, placement of post-tensioned tendons and grouting, Structural excavation/ backfill of bents, abutments and retaining walls, barrier/sound wall construction. Agency: City of Lawndale & Pacific Palisades Contract Title: Construction Inspector Scope of Services: Mr. Perez inspected demolition/milling and replacement of asphalt concrete streets for street beautification projects. Portland cement concrete, sidewalks, curbs, gutters, cross gutters, islands. He also inspected sub-grade, base and hot mix asphalt for street replacement as required, and street light signal loops, pavement marking and signage, daily inspection of traffic control, lane closures, and detours. Contract Title: Bridge Inspector - 405 Sepulveda Pass Widening Project Scope of Services: Mr. Perez inspected Bridge false work, reinforcement and concrete placement, approach slabs, cast in drilled hole piles for bents and abutments, rebar couplers, formwork, monitoring of concrete cure. Abutments, back-walls, and bridge decks, erection of pre-cast pre-stressed concrete girders, concrete and steel piles at bridge abutments and bents.   Packet Pg. 549 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 15 EDUCATION B.S. James Madison University, Communications CERTIFICATIONS ACI Field and Laboratory Technician Nuclear Gauge Certified Caltrans 504, 518, 533, 539, 540, 556, 557 INDUSTRY TENURE 30+ years JOHN THUNE Construction Manager / Inspector Summary of Experience Mr. John Thune II has over 30 years of experience in the construction related trades ranging from laboratory and field testing, special inspection, quality assurance/quality control (QA/QC) and design services to numerous projects throughout California. He has worked on a variety of projects including airports, roadway and freeway improvements, emergency road repairs, and numerous other public projects. John has served as Field Services Manager for numerous on‐call materials testing and inspection projects for numerous cities and agencies throughout Southern California. He has extensive experience with the laboratory testing and/or characterization of construction materials which include, but are not limited to: concrete, asphalt, aggregates, and soils. John has in‐depth knowledge of standard test methods published by ASTM, AASHTO and Caltrans that pertain to the testing and characterization of various construction materials. John provides in-depth knowledge and experience to his role. Having previous project experience with various jurisdictions and agencies, he’s proven to be a valuable asset to oversee and manage City projects. John also has vast experience being the day-to-day point of contact for all projects. Relevant Project Experience Agency: City of Anaheim Contract Title: Underground District #50 Project - Euclid Street from Ord Way to Broadway Scope of Services: Mr. Thune has performed Inspection and Testing Services for the City of Anaheim. This project consisted of installing new conduits and underground structures, cable and transformers to replace degrading direct buried electrical cables. He provided inspection and testing of trench backfill, crushed misc. base rock, and AC paving during this project. John also observed concrete encasement of duct bank and trench backfill compaction efforts of electrical contractor. He worked closely with City of Anaheim Public Works Inspector and Staff. Agency: City of Orange Contract Title: Cambridge Street Sewer Improvements Project Scope of Services: Mr. Thune provided inspection and testing services on the contractors QC team. This project consisted of removal of existing facilities and construction of new storm drain, sewer and roadway improvements on Cambridge Street in Orange, CA. He performed inspection and testing of trench backfill, road way aggregate base rock, AC paving, sidewalk subgrade, C&G subgrade, and driveway subgrade. John also completed Field Reports and Field Density Test results being provided to City of Orange Public Works inspectors and project staff. Agency: Masonic Homes of California Contract Title: Skilled Nursing Facility, Covina, CA. (OSHPD Project) Scope of Services: Mr. Thune provided inspection and testing of soils during over excavation and re-compaction of foundation soils for this 32-bed Skilled Nursing Facility in Covina. John performed observation and documentation of contractor’s activities in compliance with OSHPD Specifications during underground utility installation. All reports were provided to Resident OSHPD IOR at the end of each day’s work. Agency: Caltrans District 8 Contract Title: SR‐330 Emergency Repairs, San Bernardino, CA Scope of Services: John was the field services manager for the geotechnical investigation for proposed retaining walls along I‐215, north of SR‐210 Segment 11 for civil design firm working for SANBAG and Caltrans District 8.   Packet Pg. 550 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 16 Agency: City of Irvine Contract Title: Jamboree/I-5 Widening and Interchange Improvements Scope of Services: John was responsible for scheduling field activities and overseeing the day‐to‐day quality assurance/quality control for this City of Irvine CIP project. His team provided independent assurance sampling and testing (IAST) for this project. Responsibilities included on demand construction materials testing and geotechnical inspection. Agency: City of Garden Grove Contract Title: Five Arterial Street Rehabilitation Scope of Services: For City of Garden Grove CIP project, John oversaw the rehabilitation including removal and replacement of failed asphalt concrete, grinding and asphalt concrete overlay with pavement reinforcing fabric. The project scope of work also included removal and replacement of Portland Cement Concrete (PCC) sidewalk, curb, and gutter, cross gutter, drive approaches, curb ramps, and new bus pads. Agency: City of Anaheim Contract Title: Tustin Avenue Bridge Widening Scope of Services: Mr. Thune oversaw the soils and inspection testing services provided for the Tustin Avenue Bridge Widening project at the SR‐91 Freeway. This two‐year project involved soils testing and inspection during embankment fills, pile driving, retaining wall backfill, and slope compaction. His team’s field inspectors worked closely with City inspectors to ensure contractor compliance with both City of Anaheim Specifications and Caltrans Specifications. Agency: City of Moreno Valley Contract Title: On-call Material Testing and Inspection Scope of Services: Mr. Thune was the field services manager for all projects for the City of Moreno Valley requiring QA/QC testing and inspection for on‐call services provided to the City of Moreno Valley.   Packet Pg. 551 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 17 EDUCATION/TRAINING ACI Training Grade 1, Confined Space Training Microsoft Excel Levels 1&2 CERTIFICATIONS Construction Manager (1999) INDUSTRY TENURE 10+ Years BRIAN FRENCH Senior Inspector Summary of Experience Mr. French has 10 years of extensive public works inspector experience and quality control. As a public works inspector, he has worked on asphalt and conventional asphalt overlay projects, storm drain installations and sewer lateral installation projects. His knowledge includes: Green Book and traffic control; knowledge of asphalt concrete and emulsion technologies; catch basin-poured-in-place or precise; junction structures and collars; concrete sidewalks, curbs, gutters, driveway approaches and x-gutters; metal beam guard railing; landscaping; median curbs; concrete, asphalt and rubber pavement; storm drains and sewer construction; SWPPP; sound walls and retaining walls; and channel slope paving. He is also experienced in traffic signal lighting, traffic signal and overhead sign foundations; interconnections and street lights. Relevant Experience Agency: City of Bellflower/City of Downey Contract Title: Foster Road Street Rehabilitation Project Scope of Services: Mr. French was responsible for grading, installing new ADA compliant handicap ramps, traffic control and coordinating field testing of materials. Work includes traffic coordination, paving, landscaping, concrete sidewalks, concrete aprons, signing and striping. The project cost was approximately $756,000 and was funded by local sources. Agency: City of El Lynwood Contract Title: Imperial Hwy (from Atlantic Ave. to East City Limits) Street Improvement Project Scope of Services: Mr. French Responsible for grading, earthwork, traffic control and coordinating field testing of materials. Work includes traffic coordination, concrete sidewalks and aprons, cross gutters, paving, utility coordination, landscaping, signing and striping. The project was a $479,000.00 and was funded by federal and local sources. Agency: Castaic Lake Water Agency, Kern County, CA Contract Title: Various Capital Improvement Projects Scope of Services: Mr. French provided full construction management and inspection services for the following capital improvement projects: Groundwater Containment, Treatment Restoration (Treatment) and Groundwater Production Restoration Transmission Mains (Pipelines); Honby Parallel Phase II Rio Vista Treatment Plant Expansion; Kern County Water Agency, Cross Valley Canal Expansion. Mr. French inspected the asphalt paving, concrete pouring of the air vac pads, storm drain installation and backfill, and the installation of a 16in pipeline pipe into hangers under a bridge over a river. Other duties included taking pictures, SWPPP, writing daily reports, and making contact with city and water agencies. Agency: Kern County Water Agency Contract Title: Cross Valley Canal Expansion Scope of Services: Mr. French provided construction management and administrative assistance for the construction of this $50 million canal liner rising for 13 miles. The project consisted of five 500 CFS pump stations, siphon removal, canal liner installation, parallel siphons and turnout. Mr. French inspected the asphalt paving, concrete pouring of the air vac pads, and the installation of a 16 inch pipeline pipe into hangers under a bridge over a river. Additional duties included taking pictures, writing daily reports, and making contact with city and water agencies.   Packet Pg. 552 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 18 Agency: Caltrans District 8 Contract Title: SR-60 / SR-91 / I-215 Scope of Services: Mr. French acted as Construction Inspector, and was held responsible for grading, earthwork, surveying, concrete, traffic control and coordinating field testing of materials. Work on this project included: freeway widening, new bridges, interchange improvements, connector ramps, sound walls, retaining walls, drainage system, traffic coordination, SWPPP, paving, concrete structures, utility coordination, signing and striping. Agency: Caltrans District 7 Contract Title: On-Call Contact Administration & Construction Engineering, Task Order #4 /#8 Scope of Services: Construction Inspector: As the Construction Inspector Mr. French was responsible for inspection, coordinating testing and construction management. He was also responsible for inspection coordination with the District SWPPP inspectors. In addition, he ensured that the contractors were in compliance with the approved SWPPP plan. Mr. French’s duties included: heavy traffic control and quality assurance; safety, environmental and labor regulations and making sure the work was done in accordance with the plans and specifications. Agency: Caltrans District 11 Contract Title: I-805/La Jolla Village Drive Interchange Improvements, San Diego, CA Scope of Services: Mr. French currently Serves as the Inspector for this project which he is in charge of AC, concrete pours that aren’t related to the bridge concrete structures, overhead signs and foundations, landscaping, relocating utilities and coordinating between different utility companies, setting up compaction tests, checking grades and approving them, drainage systems, checking forms for concrete, checking AC temps/thickness, quantities, daily reports, pictures, metal beam guard rail removal and installation, SWPPP inspection and reports, traffic control, coordinating with COZEEP, calling in lane closures, and being sure that all work is done to the Caltrans specs/specials/plans. The ($20M construction) Interstate 805 (I-805) La Jolla Village Drive/Miramar Road project will convert the current cloverleaf configuration to a partial-cloverleaf configuration. Agency: City of Palm Desert Contract Title: Joint Construction Projects (Volumes 1-4) Scope of Services: As the Construction Inspector, Mr. French was responsible for roadway excavation, subgrades, base work, AC and rubber overlay, temporary and permanent signage and striping. He was also responsible for contractor compliance with specifications and plans for the following projects: Volume 1 - Miles Avenue / Warner Trail Roadway Improvement Plan, Volume 2 - Sanitary Sewer and Storm Drain Project, Volume 3 - Sanitary Sewer Lift Station, Volume 4 - Miles Avenue Transition Line (18'). Agency: City of Palm Desert Contract Title: Fred Waring Widening Phases 1 & 2 Scope of Services: Mr. French was responsible for the inspection of demolition, roadway excavations, subgrades, base work, AC paving, rubber overlay and fog sealing. He was also responsible for removal and replacement of sidewalks, curbs, gutters, handicap ramps, sound walls, x-gutters and driveway approaches. He additionally inspected temporary and permanent signage and striping, traffic signals and inter-connections. Agency: City of Yucca Valley Contract Title: Various CIP Projects throughout the City Scope of Services: As an Inspector, Mr. French was responsible for roadway excavation, subgrades, base work, inspecting residential permits, taking pictures and writing daily reports.   Packet Pg. 553 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 19 EDUCATION/TRAINING Wesley College Colombo- Sri Lanka CERTIFICATIONS IMSA Level III – Traffic Signal IMSA Level I – Traffic Signal Construction Inspection IMSA Level II – Street Lighting IMSA – Work Zone Safety Fiber Optic splicing IMSA Level II – Signs and Markings LICENSES (A&P) Air Frame & Power Plant Federal Aviation Authority USA California Class C Driver’s License INDUSTRY TENURE 31+ years PAT SIVALINGAM Senior Traffic Inspector Summary of Experience Mr. Sivalingam has over 31 years of experience in the inspection of electrical systems for street lighting, traffic signals, and communication systems. His entire career has been with the City of Lancaster Public Works Division. Mr. Sivalingam’s experience includes electrical construction and maintenance, including traffic signal installations and modifications, fiber optic communication system installation, traffic signage, street lighting and conduit, traffic signal coordination timing, and traffic signal equipment. His experience includes installation of fiber optic communication conduit, cable, splice vaults, pull boxes and field communication facilities. He has been responsible for installing and modifying traffic signals, including video detection systems, fiber optics and other equipment for the City of Lancaster for the entirely of his Inspection career Inspection. Mr. Sivalingam has a deep understanding of Caltrans requirements and forms, train traffic operations, Manual of Uniform Traffic Control Devices codes (MUTCD) and Work Area Traffic Control Handbook (WATCH). With over 30 years under his belt, he is well experienced and aware of all aspects pertaining to the Public Works Division and Inspection requirements, as well. Relevant Experience Agency: City of Lancaster Contract Title: Various Projects Scope of Services: Mr. Sivalingam inspected projects that consisted of Traffic Signal, Fiber Optics and Street Light Installation and Modification. He managed traffic signal maintenance field staff and traffic signal operations while maintaining and documenting traffic signal operation records such as daily logs, work staging area for safety, and proper placement of traffic control devices and public safety. Pat also attended all traffic signal pre-construction meeting as well as all new/ upgrade traffic signal construction planning meetings. As a senior inspector he was in charge of inspection and sign-off of new and upgrade modifications of traffic signal, street light and fiber optic construction. Mr. Sivalingam often inspected fiber optic communication systems installations which included pull boxes and cable installations as well. His duties for Traffic signal modifications and installations included plan check, programming/ maintenance of video detection systems and loop detection, installation and programming of the operation software and timing plans, meeting with the equipment and supply vendors, procure equipment and supplies, prepare department budget, crew training, test and certify conflict monitor units (CMU), meetings with power companies regarding power upgrades and new installations, and met with CALTRANS and rail road agencies regarding the upgrades and modifications within their jurisdiction. Mr. Sivalingam reviewed and observed traffic control to ensure public safety and compliance with applicable codes and standards including the California Manual of Uniform Traffic Control Devices (CAMUTCD) and Work Area Traffic Control Handbook (WATCH). A few of Mr. Sivalingam’s projects include: • Metro 2007, 2011 Fiber Optic Cable and Communications System Installation • Traffic Signal Upgrade Modification and Installation, 400 traffic signal video detection upgrade, STPL grant project. • Left Turn Traffic Signal Upgrades, HSIP grant project   Packet Pg. 554 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 20 • 128 new traffic signal installations and maintenance operations • Antelope Valley Metro Link Railroad Traffic Signal Upgrade Modification • 11 new school smart crosswalks with rapid traffic signals and maintenance • 18 new rapid flash indication mid-block pedestrian cross walks and maintenance • 21 driver feedback radar sign installations • 120 traffic signal battery backup systems installations through California Energy project • 70 traffic signal upgrade modification construction • 2 new traffic signals and 1 traffic signal upgrade for new Costco store • Removal of all copper interconnect traffic signal cables, communication systems and installation of fiber optics cables and systems • 19000 street light LED upgrades, Southern California Edison grant project • 75 traffic signal intersections with video detection installations and upgrade modifications   Packet Pg. 555 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 21 The following projects highlight GK & Associates relevant experience. We encourage you to contact our client references for their input on the quality of our work and expertise and responsiveness of our staff. Inland Empire Utilities Agency Project Description: GK & Associates currently provides IEUA with Construction Management services and has been providing the agency for over ten (10) years. Our staff provides a full range of services including contract administration, document tracking, monitoring and inspection of daily activities, coordination with design consultants on major re-design, change order tracking and negotiations, dispute resolutions, schedule monitoring, multi-agency coordination, review of payment requests, and construction meetings. To specifically appoint one project we have included RP-1. RP-1 is located in the City of Ontario near the intersection of Highway 60 and Archibald Avenue is going through several major expansions to bring the facility to a capacity of 114 million gallons per day. The facility serves the cities of Ontario, Rancho Cucamonga, Upland, Montclair, Fontana and an unincorporated area of San Bernardino County. RP I plant expansion project includes construction of a new laboratory building, an expansion of the cogeneration facilities, a standby power system, improvements to the digester heating equipment and electric power distribution system and odor control facilities at the plant head works and primary clarifiers. Reference: Mr. Jerry Burke Manager of Engineering/ CM Inland Empire Utilities Agency 6075 Kimball Avenue Chino, CA 91708 JBurke@ieua.org We regularly receive positive feedback from Inland Empire Utilities Agency about GK & Associates’ and our staff providing exceptional services in line with the Agency's expectations, keeping up the high standards of the Agency, project schedules, budgets and safety standards. Inland Empire Utilities Agency Project Site Pictures References   Packet Pg. 556 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 22 City of Downey Project Descriptions: GK & Associates is currently providing a variety of construction management and inspection services for multiple CIP projects in the City of Downey. Past and current projects vary from minor traffic signal upgrades and modifications to City-wide Fiber Optic installations to full citywide sewer rehabilitation and intersection and roadway widening. These projects include street rehabilitations, storm drain systems, major utility "undergrounding" and ADA compliance elements. When a project involves federal funding, GK & Associates’ Inspectors are responsible for maintaining field compliance requirements as well as conducting federally mandated contractor/employee interviews for "end of project" and certified payroll audits. Quality assurance activities involve inspection of the work including Traffic Signal Upgrades, Street Lighting, A.C. pavement, dry utilities, water, sewer, storm drain, curb and gutter, and sidewalks. G K & Associates has worked on multiple projects for the City of Downey, including the Firestone Boulevard Water Systems Improvement; Lakewood Boulevard Street and Water Systems Improvements; Paramount Boulevard Fiber Optic Installation Project - Phase 1 & 2; Florence Avenue Fiber Optic City-Wide Installation Project; Bellflower/Imperial Highway Street Improvement and Utility Undergrounding Project; and multiple traffic signal modifications and new installation projects. References: Mr. Edwin “Ed” Norris Director Public Works City of Downey 11111 Brookshire Ave. Downey, CA 90241-7016 (562) 904-7109 Mr. Desi Gutierrez Principal Civil Engineer City of Downey 11111 Brookshire Ave. Downey, CA 90241-7016 (562) 904-7110   Packet Pg. 557 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services - Page 23 City of Norwalk Project Description: GK & Associates has previously provided the City of Norwalk with Construction Management and Inspection services for the City of Norwalk Wellhead Facilities and Pipelines. The facilities, which are federally funded, will significantly reduce the City’s reliance on the water purchases from MWD. Our involvement on this project has spanned virtually every aspect of project implementation during construction, including overall project coordination, communication, scheduling, estimating, contract document reviews, value engineering, bidding and awarding, contract administration, field inspection, quality control, document maintenance, labor compliance, change orders, progress payments, progress reports, material testing, equipment and system testing, start up, trouble shooting, federal funding reporting, and contract closeout. GK & Associates is also currently providing Construction Management and Inspection services for Traffic Signal Upgrades. This project is located on Studebaker Road between Rosecrans Avenue and Alondra Boulevard where there are traffic signal improvements along the corridor to modernize 5 intersections to improve safety and traffic flow. These signal improvements will upgrade signal hardware, install new pedestrian countdown signal heads, install fiber optic equipment, install ADA-compliant curb ramps, and update the signal timing coordination. The upgrade of a total of 5 signalized intersections will be inspected and managed by GK & Associates knowledgeable staff. References: City of Norwalk Project Site Pictures Mr. Glen Kau, P.E. Public Services Director City of Norwalk 12700 Norwalk Boulevard Norwalk, CA 90650 Phone: (562)929-5511 GKau@norwalkca.gov   Packet Pg. 558 ……………………………………………………………………………………………………… City of San Bernardino Capital Improvement Projects Inspection Services 3333 Brea Canyon Road, Suite 120 Diamond Bar, CA 91765 www.gkandassociates.com Gkhan@gkandassociates.com (909)595-1940 GK & ASSOCIATES STANDARD HOURLY RATE SCHEDULE 2022 PREPARED FOR CITY OF SAN BERNARDINO EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE CLASSIFICATION Construction Inspector HOURLY RATES $115 GK & Associates rates are subject to yearly increases based on the Consumer Price Index (CPI). Sincerely, Ghazala Khan President Fee Schedule   Packet Pg. 559 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES Consultant: GK & Associates The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO GK & ASSOCIATES Dated: Dated: By: By:   Packet Pg. 560 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE ENGINEERS This Agreement is made and entered into as of August 17, 2022 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 Infrastructure Architects Inc., a California corporation, d/b/a Infrastructure Engineers, Inc., with its principal place of business at 3060 Saturn Street, Suite 250, Brea, CA 92821 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 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. Consultant shall receive compensation, including authorized   Packet Pg. 561 2 reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms. 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 a Task Order from the City to proceed.   Packet Pg. 562 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.   Packet Pg. 563 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 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   Packet Pg. 564 5 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). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.   Packet Pg. 565 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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit   Packet Pg. 566 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) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary   Packet Pg. 567 8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the 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   Packet Pg. 568 9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized 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   Packet Pg. 569 10 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 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.   Packet Pg. 570 11 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 the property of the City. 27. Organization. Consultant shall assign Ray Abbasi as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.   Packet Pg. 571 12 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: Infrastructure Engineers 2060 Saturn Street, Suite 250 Brea, CA 92821 Attn: Ray Abbasi, Principal-in-Charge 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns   Packet Pg. 572 13 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. 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.   Packet Pg. 573 14 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 574 15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE ENGINEERS 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 INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE ENGINEERS Signature Name Title   Packet Pg. 575 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments / Activity Schedule [ATTACHED]   Packet Pg. 576 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;577 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;578 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;579 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;580 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;581 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;582 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;583 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;584 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;585 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;586 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;587 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;588 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;589 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;590 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;591 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;592 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;593 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;594 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;595 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;596 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;597 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;598 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;599 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;600 17 EXHIBIT B Sample Task Order Form TASK ORDER Task Order No. _______ Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INFRASTRUCTURE ARCHITECTS, INC. D/B/A INFRASTRUCTURE ENGINEERS Consultant: Infrastructure Engineers The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO INFRASTRUCTURE ENGINEERS Dated: Dated: By: By:   Packet Pg. 601 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Agreement with San Bernardino Paint and Supply, Inc. for the Purchase of Paint and Related Materials for City-wide Graffiti Abatement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,000. Background The Operations and Maintenance Division of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. It is also responsible for ensuring the City is kept clean and free from blight related to illegal dumping, overgrown weeds, graffiti and related vandalism. Discussion The City of San Bernardino has numerous historical neighborhoods, major economic corridors, two institutions of higher learning, and nearly forty parks, greenways and recreation corridors for which keeping a clean and aesthetically pleasing appearance is vital to the City’s economic growth and well-being of its residents and visitors alike. As in many large urban areas, graffiti and related vandalism contribute to unwanted blight and an overall unclean appearance which has potential negative   Packet Pg. 602 impacts on commercial activities, leisure and hospitality, and future investment. Graffiti is also associated with gang and criminal activity using territorial tagging. San Bernardino is not immune from graffiti, but it has a well-established graffiti abatement program that aggressively removes graffiti and related vandalism City-wide. At the request of Council, the City’s graffiti abatement program was recently enhanced, and additional positions were established to respond to graffiti City-wide more-efficiently. Additionally, the Operations Division of Public Works expanded graffiti abatement services to seven days a week to further complement Council’s desires for graffiti abatement program enhancements. With the increase in graffiti abatement staff and enhancement of services, additional paint and related materials are simply required. This purchase will ensure paint and related materials are readily available and that no delays will occur in performing graffiti removal and/or repainting of tagged buildings, City infrastructure, or other structures. To ensure our City is kept free from graffiti and that it is removed quickly and efficiently, staff is requesting $130,000 for paint supplies and related materials under this goods and services agreement. The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in May of 2022, a formal bid process was initiated to solicit quotes for paint supplies and related materials. Notices were posted on the City’s website. The results of the bid opening yielded two qualified vendors as noted below. Both vendors are local to San Bernardino and have provided services to the City in the past. San Bernardino Paint and Supply, Inc and Sherwin Williams, Inc. both provided quotes for a comprehensive listing of paint supplies and related materials. However, Sherwin Williams did not fully provide prices for every item listed and was therefore deemed as non-responsive. San Bernardino Paint provided prices for every item requested. It is important to note that the prices below are a combined unit cost for all items and does not reflect the total dollar amount requested for this goods purchase agreement (which will be established at $130k via a purchase order). The results of the submitted quotes are provided below: NAME OF BIDDER CITY UNIT COSTS (ALL ITEMS COMBINED) San Bernardino Paint and Supply, Inc. San Bernardino $242.15 Sherwin Williams, Inc. * San Bernardino $141.89 *did not fully price all items Staff is confident that San Bernardino Paint and Supply is qualified to provide the required paint materials and related supplies. The City has worked with San   Packet Pg. 603 Bernardino Paint and Supply, Inc. for several years and they have always provided quality products and timely services. In addition, most paints provided by them are bio-based, high quality products with no VOC’s (volatile organic compounds). This is of great value to the City and the employees which work closely with these products. 2021-2025 Strategic Targets and Goals This project is consistent several goals and targets. It is aligned with Goal No. 4: Ensure Development of a Well-planned, Balanced, and Sustainable City, and Goal No. 6: Operate in a Fiscally Responsible and Business-like manner. This goods and services agreement will ensure the City is clean and attractive and free from blight related to graffiti at all economic corridors, neighborhoods, parks, greenways, recreation corridors, and City-owned infrastructure and will promote investment in the City. Fiscal Impact The General Fund impact is $49,500; Gas Tax Fund impact is $80,500; and is fully appropriated in the FY2022/23 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,000. Attachments Attachment 1 Goods and Services Agreement Attachment 2 Summarized Cost Sheet Attachment 3 Bid Documents– RFQ F-22-76 Ward All Wards Synopsis of Previous Council Actions N/A   Packet Pg. 604 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of September, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and San Bernardino Paint, a SOLE PROPRIETORSHIP with its principal place of business at 160 E. Highland Ave. San Bernardino, CA. 92404 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.   Packet Pg. 605 2 Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.   Packet Pg. 606 3 Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.   Packet Pg. 607 4 D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).   Packet Pg. 608 5 Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the   Packet Pg. 609 6 Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier 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 alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its 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. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;   Packet Pg. 610 7 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. 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. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and   Packet Pg. 611 8 approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the   Packet Pg. 612 9 obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.   Packet Pg. 613 10 Section 18. MISCELLANEOUS PROVISIONS. A. 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: Ernesto Salinas With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: San Bernardino Paint 160 E. Highland Ave. San Bernardino, CA. 92404 Attn: Oliver Peter 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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.   Packet Pg. 614 11 F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. 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. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. 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. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 615 12 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO PAINT IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SAN BERNARDINO PAINT Signature Name Title   Packet Pg. 616 13 Exhibit A Scope of Services Paint Supplies and Related Materials Technical Specifications The Vendor shall furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. The vendor shall provide paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Fee Schedule (Exhibit C); however, the following specifications are also required (as applicable): •Paint must be ready to pick-up no longer than 5 days after order is placed (notwithstanding national supply-chain issues). •All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling. •It is strongly desired that paints are bio-based/ecologically-friendly (as is becoming more common) with no formaldehydes or ammonia.   Packet Pg. 617 14 Exhibit B Delivery Schedule Paint must be ready to pick-up no longer than 5 days after orders are placed (notwithstanding national supply-chain issues).   Packet Pg. 618 15 Exhibit C Fee Schedule Item Num Section Description Qty San Bernardino Paint - Unit Price San Bernardino Paint - Line Total San Bernardino Paint - Comment 1 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (White)1 $9.79 $9.79 #1400 Bio Based Zero VOC 2 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Gray)1 $9.79 $9.79 #1400 Bio Based Zero VOC 3 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Beige)1 $9.79 $9.79 #1400 Bio Based Zero VOC 4 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Tan)1 $9.79 $9.79 #1400 Bio Based Zero VOC 5 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Dark Gray)1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 6 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Red)1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 7 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Concrete-Color)1 $9.79 $9.79 #1400 Bio Based Zero Voc 8 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Orange)1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 9 Exterior Latex Paint (Gallons)Exterior Paint Latex Flat (Yellow)1 $16.95 $16.95 #2500 Bio Based High Quality Zero VOC 10 Aerosol Paint (15oz Cans) Flat or Matte White 1 $9.49 $9.49 Rustoleum Industrial 11 Aerosol Paint (15oz Cans) Flat or Matte Black 1 $9.49 $9.49 Rustoleum Industrial 12 Aerosol Paint (15oz Cans) Flat or Matte Grey 1 $9.49 $9.49 Rustoleum Industrial Quality 13 Aerosol Paint (15oz Cans) Flat or Matte Silver/Aluminum 1 $9.49 $9.49 Rustoleum Industrial Quality 14 Aerosol Paint (15oz Cans) Flat or Matte Blue 1 $9.49 $9.49 Rustoleum Industrial Quality 15 Aerosol Paint (15oz Cans) Flat or Matte Yellow 1 $9.49 $9.49 Rustoleum Industrial Quality 16 Aerosol Paint (15oz Cans) Flat or Matte Forest or Hunter Green 1 $9.49 $9.49 Rustoleum Industrial Quality 17 Aerosol Paint (15oz Cans) Flat or Matte Sea Foam Green (Specialty)1 $11.95 $11.95 Rustoleum Speciality 18 Aerosol Paint (15oz Cans) Flat or Matte Brown (Park Signage Brown)1 $9.49 $9.49 Rustoleum Industrial Quality 19 Accessories (Items)Trays, Heavy Duty metal 1 $2.49 $2.49 Sundry Item 20 Accessories (Items)Tape (painters blue tape) ¾”1 $3.79 $3.79 Quality 3M Scotch Brand 21 Accessories (Items)Tape (painters blue tape) 1 ½”1 $5.49 $5.49 Quality 3M Scotch Brand 22 Accessories (Items)Tape (painters blue tape) 2”1 $7.49 $7.49 Quality 3M Scotch Brand 23 Accessories (Items)Painters Masks to prevent particulates (disposable)1 $0.32 $0.32 Disposable Dust Particle Mask 24 Special Color Match Exterior Latex Flat Match 1 $17.95 $17.95 #56-110 High Quality LEED Qualified Product VOC   Packet Pg. 619 Attachment 2Summarize Cost Sheet (per item cost) &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;620 REQUEST FOR VENDOR QUOTES FOR CITY OF SAN BERNARDINO FOR RFQ F-22-76 PAINT SUPPLIES AND RELATED MATERIALS CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.ci.san-bernardino.ca.us/   Packet Pg. 621 RFQ F-22-76 Paint Supplies and Related Materials 2 OF 19 REQUEST FOR VENDOR PRICE QUOTES RFQ F-22-76 PAINT SUPPLIES AND RELATED MATERIALS PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00pm, Tuesday, June 28, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened. The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes. The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community. For more information regarding the RFQ, please contact: City of San Bernardino Vanessa Slouka Finance Department Buyer slouka_va@sbcity.org (909)384-5346   Packet Pg. 622 RFQ F-22-76 Paint Supplies and Related Materials 3 OF 19 I. REQUEST FOR QUOTES The City is requesting Quotes from qualified vendors1 (“Vendors”) for Paint Supplies and Related Material (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below. A. Scope of Work/Services The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Vendor Service Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference. B. Project Manager The Project Manager for the City regarding this request will be Vanessa Slouka, Buyer, for Purchasing Department (909)384-5346 slouka_va@sbcity.org or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor. C. Requests for Clarification All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than June 13, 2022 by 3:00 pm local time. D. Meeting For this request, there is no meeting. E. Site Examination Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement F. Submittal Requirements of Vendor Price Quote The Quote must be received no later than 3:00 pm local time, on or before June 28, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully. Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Customer Service Support. If you continue to have difficulty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time. Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement. 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.   Packet Pg. 623 RFQ F-22-76 Paint Supplies and Related Materials 4 OF 19 G. Selection Process The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right, to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions. H. General Conditions 1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. 2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification. 3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete. 4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected. 5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded. 6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 5 working days of the contract being awarded. 7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license. 8. Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement. [END OF SECTION]   Packet Pg. 624 RFQ F-22-76 Paint Supplies and Related Materials 5 OF 19 ATTACHMENT “A” PAINT SUPPLIES AND RELATED MATERIALS TECHNICAL SPECIFICATIONS The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. The City of San Bernardino is seeking bids for the purchase of paint and related supplies for our graffiti abatement program. Items descriptions and unit (annual) quantities are described in the Unit Price Sheet table; however, the following specifications are also required (as applicable): •Paint must be ready to pick-up no longer than 5 days after order is placed (notwithstanding national supply-chain issues). •All paint must be lead-free and compliant with State of California regulations. Please refer to https://www.calrecycle.ca.gov/Paint/MfrBrands/ for additional information. The vendor (or manufacturer) must maintain compliance with any upcoming laws or regulations—this includes disposal and recycling. •It is strongly desired that paints are bio-based/ecologically-friendly (as is becoming more common) with no formaldehydes or ammonia. ATTACHMENT “B”   Packet Pg. 625 RFQ F-22-76 Paint Supplies and Related Materials 6 OF 19 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final   Packet Pg. 626 RFQ F-22-76 Paint Supplies and Related Materials 7 OF 19 written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in   Packet Pg. 627 RFQ F-22-76 Paint Supplies and Related Materials 8 OF 19 the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.   Packet Pg. 628 RFQ F-22-76 Paint Supplies and Related Materials 9 OF 19 E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this   Packet Pg. 629 RFQ F-22-76 Paint Supplies and Related Materials 10 OF 19 Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier 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 alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its 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. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.   Packet Pg. 630 RFQ F-22-76 Paint Supplies and Related Materials 11 OF 19 Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. 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. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.   Packet Pg. 631 RFQ F-22-76 Paint Supplies and Related Materials 12 OF 19 E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and   Packet Pg. 632 RFQ F-22-76 Paint Supplies and Related Materials 13 OF 19 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. 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: [***INSERT NAME AND TITLE***] With Copy To: City of San Bernardino Vanir Tower, 290 North D Street SUPPLIER: [***INSERT NAME, ADDRESS & CONTACT PERSON***]   Packet Pg. 633 RFQ F-22-76 Paint Supplies and Related Materials 14 OF 19 San Bernardino, CA 92401 Attn: City Attorney 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. 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. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.   Packet Pg. 634 RFQ F-22-76 Paint Supplies and Related Materials 15 OF 19 M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. 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. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 635 RFQ F-22-76 Paint Supplies and Related Materials 16 OF 19 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***] City Manager ATTESTED BY: [***INSERT NAME***] City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney [***INSERT SUPPLIER NAME***] Signature Name Title   Packet Pg. 636 RFQ F-22-76 Paint Supplies and Related Materials 17 OF 19 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: ADDRESS: PHONE: Paint Supplies and Related Materials The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Item No.Exterior Latex Paint (Gallons)Quantity (annual) Cost Per Unit Total Cost 1 Exterior Paint Latex Flat (White)6,500 $ 2 Exterior Paint Latex Flat (Gray)6,500 $ 3 Exterior Paint Latex Flat (Beige)6,500 $ 4 Exterior Paint Latex Flat (Tan)6,500 $ 5 Exterior Paint Latex Flat (Dark Gray)6,500 $ 6 Exterior Paint Latex Flat (Red)3,500 $ 7 Exterior Paint Latex Flat (Concrete- Color)8,500 $ 8 Exterior Paint Latex Flat (Orange)1,000 $ 9 Exterior Paint Latex Flat (Yellow)2,500 $ Total $$   Packet Pg. 637 RFQ F-22-76 Paint Supplies and Related Materials 18 OF 19 Item No.Aerosol Paint (15oz Cans) Flat or Matte Cans Qty.Cost Per Unit Total Cost 10 White 800 11 Black 800 12 Gray 800 13 Silver/Aluminum 500 14 Blue 200 15 Yellow 100 16 Forest or Hunter Green 500 17 Sea Foam Green (Specialty)700 18 Brown (Park Signage Brown)600 Total $$ Item No.Accessories (Items)Unit Qty.Cost Per Unit Total Cost 19 Trays, Heavy Duty metal 150 20 Tape (painters blue tape) ¾”100 21 Tape (painters blue tape) 1 ½”100 22 Tape (painters blue tape) 2” 100 23 Painters Masks to prevent particulates (disposable)250 Total $$   Packet Pg. 638 RFQ F-22-76 Paint Supplies and Related Materials 19 OF 19 Item No.SPECIAL COLOR MATCH Gallons Cost Per Unit Total Cost 24 Exterior Latex Flat Match 3,500 Total $$ Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: (Authorized Representative Signature) Print Name: Contractor’s License Number and Classification: DIR Registration Number (if applicable): ____________________________   Packet Pg. 639 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 25, Tax Zone No. 26 (Palm) (Ward 4) Recommendation Adopt Resolution No. 2022-140 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax   Packet Pg. 640 upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including pavement management; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. Maintenance of Parks; and 5. Graffiti abatement; and 6. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 15.51 gross acres of a vacant residential lot. The property is located at the northwest intersection of E Highland Ave. and N Palm Ave. At build out this development will include 133 detached single family residential properties as a new Tax Zone No. 26 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 26), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $249 per unit for FY 2022/23. This tax rate includes a Maximum Special Tax A of $204 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $45 per unit per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached   Packet Pg. 641 hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Attachment 3 attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for October 5, 2022. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $27,176 from Special Tax A to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.   Packet Pg. 642 All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion Adopt Resolution No. 2022-140 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein. Attachments Attachment 1 – Resolution of Intention 2022-140 Attachment 2 – Description of Territory Attachment 3 – Description of Services Attachment 4 – Rate and Method of Apportionment Attachment 5 – Boundary Maps Attachment 6 – Petition Attachment 7 – Notice of Public Hearing Attachment 8 – Special Election Ballot Attachment 9 – Project Map Attachment 10 – Maintenance Exhibit Ward: Fourth Ward Synopsis of Previous Council Actions: June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. July 17, 2019 - Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 - Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.   Packet Pg. 643 Resolution No. 2022-140 Resolution No. 2022-140 Page 1 of 4 5 8 0 RESOLUTION NO. 2022-140 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 25) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map   Packet Pg. 644 Resolution No. 2022-140 Resolution No. 2022-140 Page 2 of 4 5 8 0 entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 25, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, October 5, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.   Packet Pg. 645 Resolution No. 2022-140 Resolution No. 2022-140 Page 3 of 4 5 8 0 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday October 5, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That 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 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 646 Resolution No. 2022-140 Resolution No. 2022-140 Page 4 of 4 5 8 0 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. 2022-140, adopted at a regular meeting held on the _ __ day of _____ __ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 647 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 25 is currently comprised of five (5) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0285-211-05 Pacific West Company, et al. 0285-211-21 Pacific West Company, et al. 0285-211-22 Pacific West Company, et al. 0285-211-23 Pacific West Company, et al. 0285-211-25 Pacific West Company, et al.       Packet Pg. 648 EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.   Packet Pg. 649 EXHIBIT C City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.      Packet Pg. 650 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.      Packet Pg. 651 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.    Packet Pg. 652 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s    Packet Pg. 653 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:    Packet Pg. 654 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)    Packet Pg. 655 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for    Packet Pg. 656 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of    Packet Pg. 657 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).      Packet Pg. 658 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.       Packet Pg. 659 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 26  TR 20495    Item Description Estimated Cost  1 Lighting $400  2 Streets $5,701  3 Drainage $289  4 Parks $17,160  5 Graffiti $735  6 Reserves $213  7 Admin $2,678  Total  $27,176    Special Tax B Contingent Services – The estimate in the table below breaks down the costs of  providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these  services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District  No. 2019‐1 Tax Zone 26.  TAX ZONE 26 (CONTINGENT SERVICES)  TR 20495    Item Description Estimated Cost  1 Drainage  $4,270  2 Reserves $640  3 Admin $1,000  Total  $5,910    TAX ZONE 26  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Single‐Family Residential RU $204 $45  Multi‐Family Residential RU $204 $45  Non‐Residential Property Acre $2,983 $649    Packet Pg. 660 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)     TAX ZONE 26  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $2,983 $649       Packet Pg. 661 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services)   TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson  18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust  19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC  20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP  21 To Be Determined  22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC  23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC  24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC  25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al.       ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.    Packet Pg. 662 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                  Packet Pg. 663 City of San Bernardino 15  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES      Packet Pg. 664 PLEASANT HILL DRORANGE STPALM AVEHIGHLAND AVE0285-211-050285-211-230285-211-220285-211-210285-211-25ANNEXATION MAP NO. 25COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINOCFD 2019-1TAX ZONE 26^_§¨¦10·|}þ210§¨¦215£¤66·|}þ330THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22.-THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATELEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)26 TAX ZONE26EXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;665 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;666   PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the   Packet Pg. 667   Packet Pg. 668   Packet Pg. 669   Packet Pg. 670   Packet Pg. 671   Packet Pg. 672   Packet Pg. 673   Packet Pg. 674   Packet Pg. 675 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;676 LEGEND:80SHEET INDEX:EASEMENTS:ALLARD ENGINEERINGTENTATIVE TRACT NO. 20495FEBRUARY 2022BASIS OF BEARINGS:BENCHMARK:ENGINEER/SURVEYOR:DEVELOPER/OWNER:ASSESSOR'S PARCEL NO.:ZONING:PROJECT AREA:TOPOGRAPHY:FLOOD ZONE:INDEX MAPLEGAL DESCRIPTION:NOTE:NOT TO SCALEVICINITY MAPRAW EARTHWORK ESTIMATE:UTILITIES:(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE PARKING:&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;677 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;678 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;679 APN 0285-211-14(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE HIGHLAND AVE.HIGHLAND AVE.HIGHLAND AVE.PALM AVENUEENTRANCEFROM PALM AVE.PALM AVENUE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;680 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;681 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 25) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on August 17, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, October 5, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the October 5, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022   Packet Pg. 682 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (October 5, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Hanhsing Li 3.412 4 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 21, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 5, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 683 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Hanhsing Li Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. 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 ____________, 20__. Hanhsing Li Owner Signature Print Name Title   Packet Pg. 684 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (October 5, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Ann C. Lau 0.853 1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 21, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 5, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 685 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Ann C. Lau Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. 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 ____________, 20__. Ann C. Lau Owner Signature Print Name Title   Packet Pg. 686 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (October 5, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Chenmei Cheng 4.265 5 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 21, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 5, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 687 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Chenmei Cheng Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. 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 ____________, 20__. Chenmei Cheng Owner Signature Print Name Title   Packet Pg. 688 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (October 5, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Pacific West Company 6.599 7 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 21, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 5, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 5, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 689 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Pacific West Company Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-21, -22, -23 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. 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 ____________, 20__. Pacific West Company Owner Signature Print Name Title   Packet Pg. 690 ORANGE STPALM AVEHIGHLAND AVE ^_ORANGE STCITRUS ST PIEDMONT DR HIGHLAND AVESEINEAVE PALM AVECENTRAL AVEHEMLOCK D R PALM CREST DR PACIFIC ST ·|}þ330 ·|}þ210 CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 25 PROJECT MAP   Packet Pg. 691 MHMHMHMHMHMHMHSLOWSCHOOLSIGNSLOWSCHOOLXINGXINGAHEAAHEAD SIGNAL 341353.29121233354678104091113146015161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686967107797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576TRE. HIGHLAND AVE.N. PALM AVE.N. ORANGE ST.NOT APARTNOT A PARTNOT A PARTCFD MAINTENANCE LEGENDSIDEWALKCATCH BASINSSTORM DRAIN PIPESTREET-LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS---------------------------------------------------------------7,007 SF--------------------------------------------------------------1 EA----------------------------------------------------- 60 LF---------------------------------------------1,348 LF----------------------------- 47,636 SF------------------------------------------------------------ 4 EAVICINITY MAP - NTSMOW CURBHOAMAINTAINEDCFD MAINTENANCE RESPONSIBILITY PLANHIGHLAND & PALMPREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-62240'40'80'120'NORTHApril 13, 2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;692 MHMHMHMHMHMHMHSLOWSCHOOLSIGNSLOWSCHOOLXINGXINGAHEAAHEAD SIGNAL 341353.29121233354678104091113146015161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686967107797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576TRE. HIGHLAND AVE.N. PALM AVE.N. ORANGE ST.NOT APARTNOT A PARTNOT A PARTCOMMON OPEN SPACEPRIVATE OPEN SPACE (REAR YARDS)PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)SIDEWALKUNDERGROUND RETENTION CHAMBERSCATCH BASINSSTORM DRAIN PIPESTREETLIGHTSVISITOR PARKINGHOA MAINTENANCE LEGEND------------------------------------------95,103 SF-------------------112,657 SF----28,184 SF-------------------------------------------------------------32,534 SF-----------------13,420 SF------------------------------------------------------------12 EA-------------------------------------------------1,680 LF------------------------------------------------------11 EA------------------------------------------------------ 42 EAVICINITY MAP - NTSHOA MAINTAINEDMOW CURBHOA MAINTAINEDMOW CURBMOW CURBHOAMAINTAINEDMOW CURBHOA MAINTAINEDHOA MAINTAINEDMOW CURBHOA MAINTAINEDHOA MAINTENANCE RESPONSIBILITY PLANHIGHLAND & PALMPREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-62240'40'80'120'NORTHApril 8, 2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;693 6 6 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Amendment to Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-183 of the Mayor and City Council of the City of San Bernardino, California, amending and supplementing the resolution declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Background On July 20, 2022, the Mayor and City Council adopted Resolution No. 2022-139 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to include the territory into Community Facilities District No. 2019-1 for the purpose of financing the maintenance services for public improvements which are necessary to meet increased demands placed upon the City as a result of the development of said real property. The Resolution of Intention set the date of the public hearing on the annexation into Community Facilities District No. 2019-1 as September 7, 2022, at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines.   Packet Pg. 694 6 6 6 The Mayor and City Council cancelled the September 7, 2022, meeting and desire to amend the date of the public hearing to October 5, 2022. Discussion Approval of the resolution described above will amend the date of the public hearing to October 5, 2022. Besides the amended provisions, the remaining provisions of the Resolution of Intention remain fully effective. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-183 amending and supplementing the resolution declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Attachments Attachment 1 Resolution No. 2022-183 Attachment 2 Project/Location Map Attachment 3 Resolution No. 2022-139 Ward: Sixth Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.   Packet Pg. 695 6 6 6 August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. July 20, 2022 The City Council adopted Resolution No. 2022-139 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino”.   Packet Pg. 696 Resolution No. 2022-183 Resolution 2022-183 August 17, 2022 Page 1 of 5 7 2 8 RESOLUTION NO. 2022-183 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, AMENDING AND SUPPLEMENTING THE RESOLUTION DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 24) AND AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” adopted Resolution No. 2022-139 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring its Intention to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, Adopting a Map of the Area to be Proposed (Annexation No. 24) and Authorizing the Levy of Special Taxes Therein, (the “Resolution of Intention”), stating its intention to annex territory into the Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California for the purpose of financing the authorized services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Resolution of Intention set the date of the public hearing on the annexation of territory into CFD No. 2019-1 (Maintenance Services) on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID- 19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Public Hearing. Section 7 of the Resolution of Intention shall be deleted in its entirety and replaced by the following:   Packet Pg. 697 Resolution No. 2022-183 Resolution 2022-183 August 17, 2022 Page 2 of 5 7 2 8 SECTION 7. Hearing. A public hearing on the annexation of territory into CFD No. 2019-1 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 3.Amendment. This Resolution amends and supplements the Resolution of Intention and said resolution, as amended hereby, remains fully effective as therein specified SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 698 Resolution No. 2022-183 Resolution 2022-183 August 17, 2022 Page 3 of 5 7 2 8 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. 2022-183, adopted at a regular meeting held on the ___ day of _______ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 699 20TH ST MEDICAL CENTER DRHIGHLAND AVE ·|}þ210 ^_·|}þ259 ·|}þ18 ·|}þ210 §¨¦215£¤66 £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYWATERMAN AVENINTH ST CAM PUS WAY 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE17 TH S T BASE LINE ST SECOND S T PEPPER AVCFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 24 PROJECT MAP   Packet Pg. 700 Resolution No. 2022-139 Resolution No. 2022-139 Page 1 of 4 1 8 3 RESOLUTION NO. 2022-139 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 24) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map   Packet Pg. 701 Resolution No. 2022-139 Resolution No. 2022-139 Page 2 of 4 1 8 3 entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 24, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 7, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.   Packet Pg. 702 Resolution No. 2022-139 Resolution No. 2022-139 Page 3 of 4 1 8 3 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 7, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That 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 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 703 Resolution No. 2022-139 Resolution No. 2022-139 Page 4 of 4 1 8 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. 2022-139, adopted at a regular meeting held on the _ __ day of _____ __ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 704 6 7 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Five-Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010-2040 Expenditures Recommendation Adopt Resolution No. 2022-184 of the Mayor and City Council of the City of San Bernardino, California approving the Five-Year Capital Project Needs Analysis (FY 2022/2023 through FY 2026/2027) for Measure "I" 2010-2040 Expenditure. Background In November 1989, San Bernardino County voters approved passage of Measure "I", authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a half-cent retail transaction and use tax. The new tax was applicable in the incorporated and unincorporated areas of the County of San Bernardino for the 20-year period between April 1, 1990, and March 31, 2010. SBCTA was authorized to administer the programs described in the Measure. Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan, as set forth in Ordinance No. 04-1. In November 2004, voters extended the half-cent sales tax for 30 years, from April 1, 2010, through March 31, 2040. The new Measure is referred to as Measure "I" 2010- 2040 to distinguish it from the first Measure "I". The Measure "I" 2010-2040 Expenditure Plan includes the Valley Major Street Program. This Program provides funding for regional arterial projects that have been identified in the SBCTA Nexus Study and are included in the City's Regional Traffic Circulation System Master Facilities Plan and Impact Fee Program. To participate in the Valley Major Street Program, each agency must annually adopt a 5-year Capital Project Needs Analysis (CPNA), which identifies project funding needs by fiscal year. The   Packet Pg. 705 6 7 0 CPNA includes the anticipated funding sources, funding amounts and project phasing for eligible projects that were included in the SBCTA Nexus Study. This information is needed from each local agency to assist SBCTA staff in preparing an overall capital needs and cash flow analysis for the Valley Major Street Program. Discussion The projects listed in the proposed FY 2022/2023 through 2026/2027 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee). The key difference between this Program and the Measure "I" 5-Year Plan is that the projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure "I" 2010-2040 Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure "I" 2010-2040 Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA. The following five projects are recommended for inclusion in the CPNA: 1. Mt. Vernon Bridge Replacement Project (SS04-012) 2. State Street, Phase 1, 16th Street to Base Line Street (SS04-009) 3. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014) 4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152). 5. Cooperative Project with the City of Highland - Fifth Street Improvements from Del Rosa Drive to Victoria Avenue. The first four projects are on-going and are currently included in the City’s Capital Improvement Program. The fifth project is a Cooperative Project proposed by the City of Highland and is in the planning stage. This project will be added to CIP and Department Work Plan. All five were included in the previous CPNA for FY 2021/2022 through FY 2025/2026. The projects shown in the attached CPNA are consistent with the approved Capital Improvement Program (CIP) and the Public Works Department Work Plan except Project 5 which is proposed to be added to the CIP and Department Work Plan. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1e: Create an asset management plan. This project will contribute to financial stability by creating an asset management plan. Fiscal Impact Projects 1 through 4 in the proposed FY 2022/2023 through 2026/2027 CPNA for the   Packet Pg. 706 6 7 0 City of San Bernardino have previously been identified in the City's most recent Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation Development Impact Fee (Regional DIF). It is proposed that the City of San Bernardino add Project 5, Fifth Street Improvements from Del Rosa Drive to Victoria Avenue to its FY 2023 through FY 2028 Capital Improvement Program and allocate funding from fund 264 (Regional DIF). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-184 approving the Five-Year Capital Project Needs Analysis (FY 2022/2023 through FY 2026/2027) for Measure "I" 2010-2040 Expenditures. Attachments Attachment 1 Resolution No. 2022-184 Attachment 2 Resolution No. 2022-184; – Exhibit A (CPNA) Attachment 3 Projects Location Map Ward: All Wards Synopsis of Previous Council Actions: November 21, 2011 Mayor and Council adopting the Capital Project Needs Analysis 2012-2017 for Measure I 2010-2040. January 22, 2013 Mayor and Council adopting Capital Project Needs Analysis 2013-2018 for Measure I 2010-2040. December 2, 2013 Mayor and Council adopting Capital Project Needs Analysis 2014-2019 for Measure I 2010-2040. October 20, 2014 Mayor and Council adopting Capital Project Needs Analysis 2015-2020 for Measure I 2010-2040. December 7, 2015 Mayor and Council adopting Capital Project Needs Analysis 2016-2021 for Measure I 2010-2040. March 20, 2017 Mayor and Council adopted Capital Project Needs Analysis 2017-2022 for Measure2010-2040. February 7, 2018 Mayor and Council adopted Capital Project Needs Analysis 2018-2023 for Measure I 2010-2040. September 19, 2018 Mayor and Council adopted Capital Project Needs Analysis 2019-2024 for Measure I 2010-2040.   Packet Pg. 707 6 7 0 September 4, 2019 Mayor and Council adopted Capital Project Needs Analysis 2020-2025 for Measure I 2010-2040. October 21, 2020 Mayor and Council adopted Capital Project Needs Analysis 2021-2026 for Measure I 2010-2040.   Packet Pg. 708 Resolution No. 2022-184 Resolution No. 2022-184 August 17, 2022 Page 1 of 3 7 3 4 RESOLUTION NO. 2022-184 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS (FY 2022/2023 THROUGH FY 2026/2027) FOR MEASURE "I" 2010-2040 EXPENDITURE WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 and Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. WHEREAS, The projects listed in the proposed FY 2022/2023 through 2026/2027 CPNA for the City of San Bernardino have previously been identified in the City's Capital Improvement Program and are included in the adopted Master Facilities Plan for the Regional Circulation System Impact Fee (Development Impact Fee). WHEREAS, The following five projects are recommended for inclusion in the CPNA: 1. Mt. Vernon Bridge Replacement Project (SS04-012). 2. State Street, Phase 1, 16th Street to Base Line Street (SS04-009). 3. 40th Street Widening from Johnson Street to Electric Avenue (SS04-014). 4. “H” Street Widening from 40th Street to Kendall Drive (SS04-152). 5. Cooperative Project with the City of Highland - Fifth Street Improvements. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby adopts the five-year capital projects needs analysis (FY 2022/23 through FY 2026/27) for Measure “I” 2010-2040 expenditure attached hereto as Exhibit A. SECTION 3.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the   Packet Pg. 709 Resolution No. 2022-184 Resolution No. 2022-184 August 17, 2022 Page 1 of 3 7 3 4 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. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: _________________________________ Sonia Carvalho, City Attorney   Packet Pg. 710 Resolution No. 2022-184 Resolution No. 2022-184 August 17, 2022 Page 1 of 3 7 3 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. 2022-184, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 711 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;712 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;713 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;714 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;715 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;716 ATTACHMENT NO. 3 PROJECT LOCATION MAP State Street Extension Phase 1   Packet Pg. 717 5th Street from Sterling Avenue to Victoria Avenue 40th Street from Johnson Street to Electric Avenue H Street from Kendall Drive Street to 40th Street   Packet Pg. 718 Mt. Vernon Viaduct Bridge between 2nd Street and 5th Street   Packet Pg. 719 2 6 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On-Call Professional Services Agreement. 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 of the Public Works Department 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, parcel maps, and lot line adjustments to ensure conformance 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 the Community and Economic Development Department’s Planning Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Issuance of a Purchase Order to Willdan Engineering, Inc. for On-Call Plan Check Services (All Wards)   Packet Pg. 720 2 6 1 Division for compliance with onsite storm water retention to reduce impacts to the City’s MS4 System. Discussion To keep pace with the increased volume of plan check, inspection, and stormwater management services needed (a 19% increase from last year) through the end of the FY 2022/23, 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, inspection, and stormwater management services related to the Land Development Division. These resources are needed to provide acceptable levels of service and reasonable turn-around time to the public for these projects. 2021-2025 Key Strategic Targets and Goals The appropriation request is consistent with Key Target No. 1c and 1d: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions. Approval of these services will also assist the City in providing a higher level of service in a shorter amount of time, facilitate economic growth in the community, and improve customer service. Fiscal Impact Funding for this action is in the approved FY 22/23 Public Works Operating Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to issue a purchase order to Willdan Engineering, Inc., in an amount not to exceed $550,000 in accordance with the On- Call Professional Services Agreement. Attachments Attachment 1 On-Call Professional Services Agreement with Willdan Attachment 2 Resolution No. 2021-205 Attachment 3 Resolution No. 2021-237 Ward: All Wards Synopsis of Previous Council Actions: 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 for on-call plan check, inspection, and stormwater management services. September 15, 2021 Mayor and City Council adopted Resolution No. 2021-237 approving the authorization of the Director of Finance to amend the FY 2021/22 operational budget and appropriate funds in the amount of $250,000 from the General Fund to the Public Works expense budget for plan check, inspection, and stormwater management services   Packet Pg. 721   Packet Pg. 722   Packet Pg. 723   Packet Pg. 724   Packet Pg. 725   Packet Pg. 726   Packet Pg. 727   Packet Pg. 728   Packet Pg. 729   Packet Pg. 730   Packet Pg. 731   Packet Pg. 732   Packet Pg. 733   Packet Pg. 734   Packet Pg. 735   Packet Pg. 736   Packet Pg. 737   Packet Pg. 738   Packet Pg. 739   Packet Pg. 740   Packet Pg. 741   Packet Pg. 742   Packet Pg. 743   Packet Pg. 744 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 $500,000 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   Packet Pg. 745 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   Packet Pg. 746 Resolution No. 2021-237 Resolution 2021- Page 3 of 4 Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 747 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   Packet Pg. 748 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Award Construction Contract for State Street Extension, Phase I - 16th Street to Baseline Street Project (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-185: 1. Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project; and 3. Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and 4. Authorizing the City Manager or designee, to execute all documents for the construction of State Street extension, Phase I -16th Street to Baseline Street project with Riverside Construction Company, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act. Background   Packet Pg. 749 State Street is designated on the General Plan Circulation Element as a major arterial roadway. State Street currently does not exist between Foothill Boulevard and 16th Street. It has been a goal of the City for at least 25 years to complete the street between those limits. The total cost of completing the project, which includes two bridges, mitigation of environmental issues (San Bernardino Kangaroo Rats) would be approximately $50,000,000. That amount is beyond the means of the City and federal/state grant funding will be needed to pay for the extension through that area. As an interim solution, the project was divided into four (4) phases (See Attachment No. 6) to implement this General Plan component. The first phase is the extension of State Street between Baseline and 16th Streets. In anticipation of proposed construction, the project was included in the Fiscal Year 2021/22 Capital Improvement Plan (CIP) and adopted on June 16, 2021, by the Mayor and City Council. The CIP established Regional Circulation System funding in the amount of $3,460,214 for the project to extend State Street between Baseline Street and 16th Street. recognizing that the project costs are experiencing significant inflation in the current market, and additional $2,000,000 was allocated to the project costs during the Fiscal Year 2022/23 budget adoption. However, due to the bids the City received, additional funding will need to be allocated to the project in order to complete it. Discussion Project plans and specifications were prepared, and the project was advertised for public bidding on May 18, 2022, and May 25, 2022, in the San Bernardino County Sun Newspaper. In addition, project was advertised in F. W. Dodge, Construction Bid Board, High Desert Plan Room, Bid America Online, and the City’s websites, Sealed bids were received and opened on June 23, 2022. The City received two bids as follows: Bidder City Base Bid Riverside Construction Company, Inc.Riverside $7,436,165 Hillcrest Contracting, Inc.Corona $8,501,765 The City has reviewed the bid package and confirmed that Riverside Construction Company, Inc. of Riverside, California, is the lowest responsible and responsive bidder, with a total bid amount of $7,436,165. If awarded by the Mayor and City Council, construction work is anticipated to begin in September 2022 and be completed by June 2023. Environmental Review On December 5, 2018, the Mayor and City Council adopted Resolution 2018-310 approving an Agreement with Engineering Resources of Southern California, Inc. (ERSC) to provide environmental and civil engineering design services for the extension of State Street from   Packet Pg. 750 16th Street to Baseline Street (SS04-009), including environmental clearance for the project under the California Environmental Quality Act (CEQA). In accordance with State CEQA Guidelines Section 15063 (Initial Study), an Initial Study/Mitigated Negative Declaration (MND) was prepared in connection with the State Street Extension project. Pursuant to Section 15072 of CEQA, a Notice of Intent to Adopt a MND was posted on September 17, 2019 for the CEQA-mandated thirty (30) day public review and comment period. During the thirty (30) day public review period no comments were received and the Final MND was prepared. On June 9, 2020, the Planning Commission adopted Resolution No.2020-025PC forwarding a recommendation to the Mayor and City Council recommending the adoption of the MND under the CEQA for the State Street Extension Project. On September 2, 2020, the City Council adopted Resolution No. 2020-189, adopting the MND and approving a Mitigation Monitoring and Reporting Program for the State Street Extension Project. The currently proposed approval of a construction contract and related actions implements Phase I of the State Street Extension Project, which was analyzed in the MND. No subsequent negative declaration or environmental impact report is required pursuant to State CEQA Guidelines Section 15162 because the current actions: a) do not constitute substantial changes to the State Street Extension Project that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b) do not constitute substantial changes with respect to the circumstances under which the State Street Extension Project is undertaken that will require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; or c) do not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the MND was adopted showing any of the following: (i) the current actions will have one or more significant effects not discussed in the MND; (ii) significant effects previously examined will be substantially more severe than shown in the MND; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the State Street Extension Project, but the Council declined to adopt such measures; or (iv) mitigation measures or alternatives considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but which the Council declined to adopt. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this will result in public improvements being constructed that minimize risk and litigation exposure through extending the existing roadway within the City.   Packet Pg. 751 Fiscal Impact There is no General Fund impact associated with this action. As previously stated, the budget for the proposed work was previously established through the adopted Fiscal Year 2021/22 Capital Improvement Plan using Regional Circulation System Funds in the amount of $3,460,214. An additional $2,000,000 was added during the Fiscal Year 2022/23 budget adoption process. However, due to the significant increase in the cost of materials in the current market, the previously adopted budget for this project is still below the actual cost. Staff recommend an additional $3,039,786 be allocated from the Regional Circulation Fund to cover the full cost of this project. The Regional Circulation Fund has an appropriate fund balance to cover this increased cost and allocation. State Street Extension, Phase I Project, Regional Circulation System $5,460,214 Additional Fund Allocation (Reginal Circulation System Fund 264) $3,039,786 Total Project Funding $8,500,000 The overall project costs is breakdown as follows: Construction Bid Amount $7,436,165 Construction Contingency $763,835 Engineering and Inspections $300,000 Total Project Cost $8,500,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-185: 1. Approving the award of a construction contract with Riverside Construction Company, Inc. in the amount of $7,436,165.00 to construct State Street Extension Project; and 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project; and 3. Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for State Street Extension project; and 4. Authorizing the City Manager or designee, to execute all documents for the construction of State Street extension, Phase I -16th Street to Baseline Street project with Riverside Construction Company, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.   Packet Pg. 752 6. Finding the Project is covered by the Mitigated Negative Declaration previously approved for the State Street Extension Project pursuant to the California Environmental Quality Act. Attachments Attachment 1 Resolution No. 2022-185 Attachment 2 Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Attachment 6 Phasing Map Attachment 7 Mitigated Negative Declaration Ward: Sixth Ward Synopsis of Previous Council Actions: September 2, 2020 - Mayor and City Council adopted Resolution No. 2020-189 adopting MND and approving the Mitigation Monitoring and Reporting Program. June 1, 2022 - Mayor and City Council adopted Resolution No. 2022-138 approving Capital Improvement Program FY 2021/22   Packet Pg. 753 Resolution No. 2022-185 Resolution 2022-185 August 17, 2022 Page 1 of 4 7 5 1 RESOLUTION NO. 2022-185 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH RIVERSIDE CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $7,436,165 TO CONSTRUCT STATE STREET EXTENSION PROJECT, PHASE I – 16TH STREET TO BASELINE STREET; AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2022/23 CAPITAL IMPROVEMENT PLAN BUDGET IN THE REGIONAL CIRCULATION FUND TO ALLOCATE AN ADDITIONAL $3,039,786 TO THE STATE STREET EXTENSION PROJECT, PHASE I – 16TH STREET TO BASELINE STREET; AUTHORIZING CONSTRUCTION, CONSTRUCTION CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $8,500,000 FOR STATE STREET EXTENSION PROJECT, PHASE I – 16TH STREET TO BASELINE STREET; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION OF THE STATE STREET EXTENSION, PHASE I -16TH STREET TO BASELINE STREET PROJECT WITH RIVERSIDE CONSTRUCTION COMPANY, INC.; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT; AND FINDING THAT THE PROJECT IS COVERED BY THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY APPROVED FOR THE STATE STREET EXTENSION PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the State Street is designated on the General Plan Circulation Element as a major arterial roadway. State Street currently does not exist between Foothill Boulevard and 16th Street. To implement this General Plan component and the first phase is an extension of State Street between Baseline and 16th Streets. WHEREAS, pursuant to requirements of Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared by Jericho Systems, Inc. on behalf of the City of San Bernardino Public Works Department for the State Street Extension project WHEREAS, on September 2, 2020, at a duly noticed public hearing, the City Council   Packet Pg. 754 Resolution No. 2022-185 Resolution 2022-185 August 17, 2022 Page 2 of 4 7 5 1 adopted Resolution No. 2020-189 adopting the Mitigated Negative Declaration (2020 MND) and approving a Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act for the State Street Extension project WHEREAS, on June 1, 2022, the Mayor and City Council adopted the FY 2022/2023 Capital Improvement Plan (CIP), establishing the funding for the construction of the State Street Extension, Phase I - 16th Street to Baseline Street project; and WHEREAS, in June 23,2022, staff administered a competitive process for Construction of State Street Extension, Phase I - 16th Street to Baseline Street Project (“Project”), resulting in two construction cost submittals; and WHEREAS, Riverside Construction Company, Inc., of Riverside, California, has been determined to be the lowest responsible and responsive bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Riverside Construction Company, Inc., of Riverside, California, in the amount of $7,436,165 to complete 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 Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of State Street Extension, Phase I - 16th Street to Baseline Street project with Riverside Construction Company, Inc., of Riverside, California, for Project No. 13321 on behalf of the City and to expend contingency funds, if necessary, to complete the Project. SECTION 3.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $3,039,786 from Regional Circulation Fund to fund the Project. SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $7,436,165 to Riverside Construction Company, Inc., of Riverside, California, in support of the Construction Agreement. SECTION 5. 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.   Packet Pg. 755 Resolution No. 2022-185 Resolution 2022-185 August 17, 2022 Page 3 of 4 7 5 1 (2) The award of a construction contract and related actions to implement the Project is covered by the State Street Extension project evaluated in the approved 2020 MND. No further environmental review is required for the project pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162. (3) The determination of CEQA exemption reflects the independent judgment of the City Council. 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.Notice of Determination. The City Council directs staff to file a Notice of Determination with the San Bernardino County Clerk within five (5) working days of the approval of the Project. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 756 Resolution No. 2022-185 Resolution 2022-185 August 17, 2022 Page 4 of 4 7 5 1 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. 2022-185, adopted at a regular meeting held on the ___ day of _______ 2022 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 ____________ 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 757 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;758 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;759 BID TABULATION FOR State Street Extension Project, Phase I - 16th Street to Baseline Street BID OPENING: 2:00 P.M., JUNE 23, 2022 FILE: ACCT NO. 264-160-5504-7245 Bid Tabulations Item No. BID ITEM DESCRIPTION LOW BIDDER RIVERSIDE CONSTRUCTION COMPANY, INC. 2ND LOW HILLCREST CONTRACTING, INC. BID SCHEDULE Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Mobilization, Demobilization, Insurance, Bonds, Permits and Miscellaneous 1 LS 615,000.00 615,000.00 581,000.00 $581,000.00 2 Traffic Control and Safety 1 LS 275,000.00 275,000.00 89,000.00 $89,000.00 3 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill 1 LS 515,000.00 515,000.00 305,000.00 $305,000.00 4 Storm Water Pollution and Prevention Plan And NPDES Compliance 1 LS 150,000.00 150,000.00 70,000.00 $70,000.00 5 Earthwork Cut 8,300 CY 28.00 232,400.00 21.00 $174,300.00 6 Earthwork Fill 38,000 CY 15.00 570,000.00 37.00 $1,406,000.00 7 Remove Existing AC Pavement 92,000 SF 0.60 55,200.00 0.41 $37,720.00 8 Remove Existing Curb and Gutter 2,000 LF 12.00 24,000.00 18.40 $36,800.00 9 Not Used 0.00 $- 10A Construct AC Pavement – HMA B-PG 70-10 2” Finish Course/Overlay 3,000 TN 105.00 315,000.00 107.00 $321,000.00 10B Construct AC Pavement – HMA C2-PG 70-10 4” Base Course 4,800 TN 110.00 528,000.00 101.00 $484,800.00 11 Construct Crushed Aggregate Base 7,500 TN 41.00 307,500.00 33.00 $247,500.00 12 Construct Type “B” PCC Curb and Gutter per City of San Bernardino Std. Plan No. 200 5,000 LF 32.00 160,000.00 28.30 $141,500.00 13 Construct Case “A” PCC Sidewalk per City of San Bernardino Std. Plan No. 202 40,000 SF 7.00 280,000.00 6.00 $240,000.00 14 Construct Raised Median with 4” Stamped Concrete per Project Specifications, and per City of San Bernardino Direction 28,000 SF 8.00 224,000.00 10.60 $296,800.00 15 Remove PCC Cross Gutter 1,500 SF 5.50 8,250.00 7.40 $11,100.00 16 Construct Cross Gutter per City of San Bernardino Std Plan No. 201 2,000 SF 21.00 42,000.00 23.00 $46,000.00 17 Construct Curb Ramp per Caltrans Std. Plan No. A88A, Case A, Detail A 1 EA 6,800.00 6,800.00 6,400.00 $6,400.00 18 Construct Curb Ramp per Caltrans Std. Plan No. A88A, Case A, Detail B 4 EA 6,100.00 24,400.00 6,400.00 $25,600.00 19 Construct Curb Ramp, Case “A” Type 4 per SPPWC Std. Plan 111-5 5 EA 2,400.00 12,000.00 4,900.00 $24,500.00 20 Construct Sidewalk per Detail 1, “Sidewalk Placement Around Obstructions”6,110 SF 7.00 42,770.00 6.30 $38,493.00 21 Protect in Place, Existing Manhole, Adjust Frame and Cover per City of San Bernardino Std. Plan No. 304 If Applicable 15 EA 1,300.00 19,500.00 1,347.50 $20,212.50 22 Adjust to Grade Existing Water Valve Can per SBMWD W3.1, If Applicable 10 EA 1,100.00 11,000.00 962.50 $9,625.00 23 Adjust Gas Valve Cover to Finish Grade 5 EA 1,100.00 5,500.00 962.50 $4,812.50 Not Used 0.00 $- 24 Not Used 0.00 $- 25A Construct 8” Type “A” PCC Curb per City of San Bernardino Std. Plan No. 200 5,000 LF 22.00 110,000.00 19.30 $96,500.00 25B Construct Variable Height (6”–12”) Type “A” PCC Curb per City of San Bernardino Std. Plan No. 200 600 LF 56.00 33,600.00 52.00 $31,200.00 26 Header Cut/Grind 2,200 SF 0.50 1,100.00 0.33 $726.00 27 Construct 8” AC Dike per San Bernardino Std Plan No. 117 4,970 LF 3.00 14,910.00 10.40 $51,688.00 28 Not Used 0.00 $- 29 Adjust Existing Pull Box to Finish Grade 5 EA 1,100.00 5,500.00 440.00 $2,200.00 30 Construct Retaining Wall per SPPWC Std. Plan 618-3, Type A, (H=6’ Max)1,570 LF 540.00 847,800.00 440.00 $690,800.00 31 Construct 24” RCP with 1350 D- Load 260 LF 130.00 33,800.00 470.00 $122,200.00 32 Construct 24” Single/Double Straight Headwall per Caltrans Std Plan D89 4 EA 17,000.00 68,000.00 21,300.00 $85,200.00 33 Construct Driveway per City of San Bernardino Std. Plan No. 204, Type 1 540 SF 13.00 7,020.00 16.00 $8,640.00   Packet Pg. 760 BID TABULATION FOR State Street Extension Project, Phase I - 16th Street to Baseline Street 34 Construct Sidewalk per Detail 2, “Sidewalk Construction Standard Transition”300 SF 7.00 2,100.00 5.70 $1,710.00 35 Construct Wrought Iron Fencing per Details on Sheet 7A 2,972 LF 175.00 520,100.00 280.00 $832,160.00 36 2” Cold Milling per plans 65,000 SF 0.30 19,500.00 0.33 $21,450.00 37 Construct 4” Concrete Slope Protection in Kind 1,510 SF 13.00 19,630.00 72.00 $108,720.00 38 Locate Buried 6” Water Gate Valve and Install Valve Can Riser per SBMWD Std Dwg W3.1 1 EA 5,000.00 5,000.00 4,400.00 $4,400.00 39 Remove PCC Sidewalk 1,250 SF 4.00 5,000.00 6.10 $7,625.00 40 Relocate Approximately 40 Feet Of Wrought Iron Fence And Install Approximately 10 Feet Of New Wrought Iron Fence To Match Existing – SE Corner of State St. 16th St.25 LF 825.00 20,625.00 194.00 $4,850.00 41 Construct Catch Basin No. 2 per City of San Bernardino Std. Plan No. 404 3 EA 15,000.00 45,000.00 17,800.00 $53,400.00 42 Construct Catch Basin No. 2 per Caltrans Std. Plan No. D72, Type OL 1 EA 16,000.00 16,000.00 19,400.00 $19,400.00 43 Construct PCC Local Depression per City of San Bernardino Std. Plan No. 407, Type 1 4 EA 2,000.00 8,000.00 4,100.00 $16,400.00 44 Construct Junction Structure per SPPWC Std. Plan No. 333-2 1 EA 7,500.00 7,500.00 63,000.00 $63,000.00 45 Construct Junction Structure No. 4, Case 2 per City of San Bernardino Std. Plan No. 414 2 EA 4,000.00 8,000.00 21,300.00 $42,600.00 46 Construct Aqueduct Crossing per EMWD Std Dwg B-575.Use 24” OD Steel Pipe Casing T=1/2” Thickness and 15” HDPE Carrier Pipe 105 LF 800.00 84,000.00 1,800.00 $189,000.00 47 Construct Aqueduct Crossing per EMWD Std Dwg B-575. Use 28” OD Steel Pipe Casing T=1/2” Thickness and 18” HDPE Carrier Pipe 135 LF 850.00 114,750.00 2,080.00 $280,800.00 48 Construct 24” RCP, 2000 D-Load 250 LF 125.00 31,250.00 470.00 $117,500.00 49 Pipe Connection to Existing Storm Drain per LAFCD Std Dwg No. 2-D190 1 EA 7,000.00 7,000.00 30,000.00 $30,000.00 50 Allowance to Relocate Approximately 420 lf of Existing 8” PVC Sanitary Sewer Line and Reconstruct 3 SSMH 1 LS 150,000.00 150,000.00 150,000.00 $150,000.00 51 Not Used 0.00 $- 52 Temporarily Remove and Reconstruct Wrought Iron Fencing That Conflicts with Storm Drain Improvements per Details on Sheet 7A 50 LF 160.00 8,000.00 260.00 $13,000.00 53 Remove and Replace Maintenance Road with 0.16' AC over 0.33' AB 650 SF 13.00 8,450.00 19.30 $12,545.00 54 Remove and Install Thermoplastic Traffic Striping and Markings 1 LS 25,000.00 25,000.00 27,400.00 $27,400.00 55 Remove Existing Sign 8 EA 100.00 800.00 44.00 $352.00 56 Install Sign 15 EA 350.00 5,250.00 385.00 $5,775.00 57 Traffic Signal Modification 1 LS 410,000.00 410,000.00 400,000.00 $400,000.00 58 Install Street Light, Type D, per City of San Bernardino Std. Plan No. SL-1 18 EA 6,500.00 117,000.00 8,300.00 $149,400.00 59 Install No. 3-1/2 Pullbox per City of San Bernardino Std. Plan No. SL-2 25 EA 400.00 10,000.00 940.00 $23,500.00 60 Install 1-1/2” Conduit, SCH 80 PVC with (2)#8, (1)#8G 6,500 LF 20.00 130,000.00 16.50 $107,250.00 61 Install 2” Conduit, Sch 80 PVC with (4)#8 and (1)#8G 20 LF 160.00 3,200.00 110.00 $2,200.00 62 Install 1-1/2” conduit, SCH 80 PVC with (4)#8 and (1)#8G 210 LF 50.00 10,500.00 16.50 $3,465.00 63 Install 3” Conduit, SCH 80 PVC with Poly Pull Rope, with No. 6 Pull boxes spaced 500’ apart 3,710 LF 26.00 96,460.00 28.60 $106,106.00 64 Install 1-1/2” Conduit, SCH 80 PVC with Pull 40 LF 75.00 3,000.00 11.00 $440.00 TOTAL BID Totals $7,436,165.00 $8,501,765.00 $0.00   Packet Pg. 761 BID TABULATION FOR INSTALLATION OF TRAFFIC SIGNAL AT WATERMAN AVENUE AND WASHINGTON STREET / BARTON ROAD PROJECT PLAN NO. 10496 C.M.A.Q. , FEDERAL PROJECT NO. CML-5033(014), EA # 08-924729L   Packet Pg. 762   Packet Pg. 763   Packet Pg. 764   Packet Pg. 765   Packet Pg. 766   Packet Pg. 767   Packet Pg. 768   Packet Pg. 769   Packet Pg. 770   Packet Pg. 771   Packet Pg. 772   Packet Pg. 773   Packet Pg. 774   Packet Pg. 775   Packet Pg. 776   Packet Pg. 777   Packet Pg. 778   Packet Pg. 779   Packet Pg. 780   Packet Pg. 781   Packet Pg. 782   Packet Pg. 783   Packet Pg. 784   Packet Pg. 785   Packet Pg. 786   Packet Pg. 787   Packet Pg. 788   Packet Pg. 789 5 3 0 ATTACHMENT NO. 5 LOCATION MAP State Street Extension Phase 1   Packet Pg. 790   Packet Pg. 791   Packet Pg. 792 2 4 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Amendment No. 1 to Agreement with DLR Group for Preliminary Design of New Animal Shelter (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $3,863.15; and authorizing the Agency Director of Administrative Services to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter. Background The Animal Services Department cares for all lost, abandoned, injured, and seized animals in the City’s shelter until they can be returned to their owners or adopted by a member of the public. Over the past year, about 300 animals came through the shelter’s doors. The Animal Control Officers are responsible for responding to calls for service throughout the City of San Bernardino, impounding stray, injured and sick animals, as well as enforcing City ordinances. Our shelter team cares for and adopts animals out to the public and nonprofit groups. On November 17, 2021, the Mayor and City Council adopted Resolution No. 2021-274 approving an agreement with DLR Group to provide the preliminary design of the new animal shelter for the City of San Bernardino. DLR Group is assisting the City with developing a clear plan for the future of Animal Services within the City of San Bernardino and surrounding communities. Discussion The City of San Bernardino entered into an agreement with DLR Group on November 17, 2021, to provide services for the preliminary design of a new animal shelter. Those services are architecture, civil engineering, landscape architecture, and cost estimating. When the DLR Group proposal was prepared in November 2021, it was anticipated that   Packet Pg. 793 2 4 7 the amount submitted for travel expenses would be sufficient to cover travel and related administrative costs for the project. The requested additional costs are due to inflation and increased travel related costs that are prevalent throughout the national economy and could not have been anticipated. 2021-2025 Key Strategic Targets and Goals Authorization of the amendment to the current agreement with DLR Group aligns with Key Target No. 4: Economic Growth & Development. The new animal shelter will assist to reunite pets with their owners and/or shelter those in need and find new homes for the animals that do not have a permanent home. Financial Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan through Federal Grant Funding (Fund 123) in the amount of $500,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Service Agreement with DLR Group increasing contractor travel expenses by the amount of $3,863.15; and authorizing the Director of Finance to increase the purchase order to a total amount not to exceed $165,630.15 for the preliminary design of the new animal shelter Attachments: Attachment 1 Amendment No. 1 - DLR Group Attachment 2 Exhibit A - Scope of Services Attachment 3 Original Agreement Ward: Third Ward Synopsis of Previous Council Actions: November 17, 2021 Mayor and City Council adopted Resolution 2021-274 agreement with DLR Group to provide the preliminary design of the new animal shelter.   Packet Pg. 794 -1- 6 9 AMENDMENT NO. 1 TO DESIGN SERVICES AGREEMENT WITH DLR GROUP (PRELIMINARY ANIMAL SHELTER DESIGN) This Amendment No. 1 to the Design Services Agreement is made and entered into as of August 17, 2022 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and DLR Group, a California corporation (“Designer”). City and Designer are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Designer have entered into an agreement, dated, November 17, 2021, for the preliminary design of the new City of San Bernardino Animal Shelter (the “Master Agreement”). B. WHEREAS, the Parties now desire to amend the Master Agreement in order to provide additional compensation for travel and related administrative expenses. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Compensation. The total not to exceed compensation amount shall be increased by Three Thousand Eight Hundred Sixty-Three Dollars and Fifteen Cents ($3,863.15) increasing the total not to exceed compensation amount from One Hundred Sixty-One Thousand Seven Hundred Sixty-Seven Dollars ($161,767.00) to One Hundred Sixty-Five Thousand Six Hundred Thirty Dollars and Fifteen Cents ($165,630.15). The additional travel and related administrative expenses are more particularly described in Exhibit “A”, attached hereto to this Amendment No. 1 and incorporated herein by this reference. 3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this   Packet Pg. 795 -2- 6 9 Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 796 -3- 6 9 SIGNATURE PAGE TO AMENDMENT NO. 1 TO DESIGN SERVICES AGREEMENT WITH DLR GROUP (PRELIMINARY ANIMAL SHELTER DESIGN) IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field, City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney DESIGNER DLR GROUP Signature Name Title   Packet Pg. 797 -4- 6 9 EXHIBIT A ADDITIONAL TRAVEL AND ADMINISTRATIVE COSTS [ATTACHED]   Packet Pg. 798 DLR Group inc. a California corporation 1650 Spruce Street, Suite 300 Riverside, CA 92507 O: 951-300-0220 C: 909-908-1233 EXHIBIT - A May 16, 2022 Alex Qishta, P.E. Interim DPW/City Engineer Public Works Department City of San Bernardino 290 North D St San Bernardino, CA 92401 Re: Project Name: City of San Bernardino Animal Shelter Preliminary Design – Reimbursable Expenses DLR Group Project No.: 75-22603-00 Mr. Qishta: The City of San Bernardino entered into an Agreement with DLR Group on November 17, 2021 to provide services for the Preliminary Design Report (PDR) for the Proposed New City of San Bernardino Animal Shelter project. Service are Architecture, Civil Engineering, Landscape Architecture, and Cost Estimating.as needed to prepare the PDR. When the proposal was prepared early last November, it was our anticipation that what was included in the proposal would be sufficient to cover travel and related administrative cost for the project. The increase in expenses is due to the rise in travel costs and accelerated inflation that has transpired in recent months, which could not have been anticipated. DLR Group requests that the City consider allowing the next invoice to include the balance of the reimbursable expenses as calculated below and in accordance with paragraph 3.10.3 of the Agreement and paragraph 4.0 of DLR Group’s proposal. The fee proposal, Exhibit D of the Design Services Agreement (Agreement), includes travel expenses up to $3,172. The expenses submitted below are for travel by our Animal Care Architect, Animal Arts, to and from their office in Boulder Colorado to the in-person meetings with Animal Shelter staff and the two community meetings. Meals $ 628.95 Airfare $ 1,435.19 Lodging $ 2,494.93 Parking $ 432.00 Car Rental $ 938.47 Mileage $ 66.63   Packet Pg. 799 Alex Qishta, P.E. May 16, 2022 Page 2 Taxi $ 104.84 FedEx $ 16.51 Reimbursable Expenses - Animal Arts $ 6,117.52 DLR Group Administrative Cost (15%) $ 917.63 Total Reimbursable Expenses $ 7,035.15 Reimbursable Expenses included in the original fee proposal, Exhibit D, of the original Design Service Agreement $ 3,172.00 Balance of Reimbursable Expenses Requested $ 3,863.15 Original Design Service Agreement not to exceed amount $ 161,767.00 New Design Service Agreement not to exceed amount $ 165,630.15 We would appreciate the City’s consideration of these unanticipated expenses. Please let me know if you need any further detail regarding this request. Sincerely, DLR Group Christopher Lawrence, AIA, LEED AP BD+C Project Manager | Principal INIT:init Encl: None cc: T. Winfrey, I. Saed   Packet Pg. 800   Packet Pg. 801   Packet Pg. 802   Packet Pg. 803   Packet Pg. 804   Packet Pg. 805   Packet Pg. 806   Packet Pg. 807   Packet Pg. 808   Packet Pg. 809   Packet Pg. 810   Packet Pg. 811   Packet Pg. 812   Packet Pg. 813   Packet Pg. 814   Packet Pg. 815   Packet Pg. 816   Packet Pg. 817   Packet Pg. 818   Packet Pg. 819   Packet Pg. 820   Packet Pg. 821   Packet Pg. 822   Packet Pg. 823   Packet Pg. 824   Packet Pg. 825   Packet Pg. 826   Packet Pg. 827   Packet Pg. 828   Packet Pg. 829   Packet Pg. 830   Packet Pg. 831   Packet Pg. 832   Packet Pg. 833   Packet Pg. 834 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Amendment to Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-2 (Palm) (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-177 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino; and 2. Adopt Resolution No. 2022-178 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino. Background On July 20, 2022, the City Council adopted Resolution No. 2022-143 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2   Packet Pg. 835 (Palm) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-2 for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property. The City Council also adopted Resolution No. 2022-144 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution Declaring Necessity”). The Resolution of Intention and Resolution Declaring Necessity set the date of the public hearing on the formation and proposed indebtedness of the proposed Community Facilities District No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. The City Council has cancelled the September 7, 2022 meeting and the City Council desires to amend the date of the public hearing to October 5, 2022. Discussion Approval of the resolutions described above will amend the date of the public hearing to October 5, 2022. Besides the amended provisions, the remaining provisions of the Resolution of Intention and Resolution Declaring Necessity remain fully effective. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-177 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino; and 2. Adopt Resolution No. 2022-178 of the Mayor and City Council of the City of San Bernardino, California, Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino.   Packet Pg. 836 Attachments Attachment 1 - Resolution No. 2022-177 Amending and Supplementing the Resolution Declaring Intention to Establish Attachment 2 - Resolution No. 2022-178 Amending and Supplementing the Resolution Declaring Necessity to Incur a Bonded Indebtedness Attachment 3 - Project Map Attachment 4 – Resolution No. 2022-143 Attachment 5 – Resolution No. 2022-144 Ward Fourth Ward Synopsis of Previous Council Actions July 20, 2022 - The Mayor and City Council adopted Resolution No. 2022-143 Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino July 20, 2022 – The Mayor and City Council adopted Resolution No. 2022-144 Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino   Packet Pg. 837 55600.00923\40494040.1 Resolution No. 2022-177 RESOLUTION NO. 2022-177 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING AND SUPPLEMENTING THE RESOLUTION DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” adopted Resolution No. 2022-143 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution of Intention”), stating its intention to establish the proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California (the “CFD No. 2022-2”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Resolution of Intention set the date of the public hearing on the formation of proposed CFD No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Public Hearing. Section 10 of Resolution No. 2022-143 shall be deleted in its entirety and replaced by the following: SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-2 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 3. Amendment. This Resolution amends and supplements the Resolution of Intention and said resolution, as amended hereby, remains fully effective as therein specified   Packet Pg. 838 55600.00923\40494040.1 Resolution No. 2022-177 -2- 7 2 1 SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 839 55600.00923\40494040.1 Resolution No. 2022-177 -3- 7 2 1 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. 2022-177, adopted at a regular meeting held on the 17th day of August, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 840 55600.00923\40494013.1 Resolution No. 2022-178 RESOLUTION NO. 2022-178 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING AND SUPPLEMENTING THE RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, on July 20, 2022, the City Council (the “City Council”) of the City of San Bernardino (the “City”), pursuant to Section 53321 of the California Government Code, adopted Resolution No. 2022-144 entitled “Resolution of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino” (the “Resolution Declaring Necessity”), declaring its intention to establish proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-2”), for the purpose of providing and financing certain public facilities which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-2; and WHEREAS, the Resolution Declaring Necessity set the date of the public hearing on the proposed indebtedness for CFD No. 2022-2 on September 7, 2022 at 7:00 p.m. in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines; and WHEREAS, the City Council has cancelled the September 7, 2022 meeting and therefore desires to amend the date of the public hearing to October 5, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Public Hearing. Section 5 of Resolution No. 2022-144 shall be deleted in its entirety and replaced by the following: SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-2 shall be held at 7:00 p.m. on October 5, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-2.   Packet Pg. 841 55600.00923\40494013.1 Resolution No. 2022-178 -2- 7 2 0 SECTION 3. Amendment. This Resolution amends and supplements the Resolution Declaring Necessity and said resolution, as amended hereby, remains fully effective as therein specified SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 842 55600.00923\40494013.1 Resolution No. 2022-178 -3- 7 2 0 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. 2022-178, adopted at a regular meeting held on the 17th day of August, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 843 ORANGE STPALM AVEHIGHLAND AVE ^_ORANGE STCITRUS ST PIEDMON T D R HIGHLAND AVESEINEAVE PALM AVECENTRAL AVEHEMLOCK D R PALM C R E S T D R PACIFIC ST ·|}þ330 ·|}þ210 COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) PROJECT MAP   Packet Pg. 844 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 1 of 3 4 2 1 RESOLUTION NO. 2022-143 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has received a written petition from the owners of certain real property (the “Owner’) within the City of San Bernardino (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owners are the owners of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the “Policies”) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is “Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California” herein referred to as CFD No. 2022- 2. SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2022-2 are described and shown on the map entitled “Proposed Boundary Map Community   Packet Pg. 845 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 2 of 6 4 2 1 2 0 7 Facilities District No. 2022-2 (Palm) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. SECTION 4. Types of Facilities; Incidental Expenses. The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-2, shall be annually levied within CFD No. 2022-2. Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-2 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-2 reference is made to the attached and incorporated Exhibit A (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2022-2 to clearly estimate the maximum amount that such person will have to pay. The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method.   Packet Pg. 846 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 3 of 6 4 2 1 2 0 7 Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-2, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2022-2. SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2022-2, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2022-2 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.   Packet Pg. 847 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 4 of 6 4 2 1 2 0 7 SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2022-2, if it is established, shall study proposed CFD No. 2022-2, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2022- 2 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting. SECTION 15. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 16. 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 17. 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 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 848 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 5 of 6 4 2 1 2 0 7 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. 2022-___, adopted at a regular meeting held on the 20th day of July, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 849 Resolution No. 2022-143 A-1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino ("CFD No. 2022-2"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-2 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit. "Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-2, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-2 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-2; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs   Packet Pg. 850 A-2 of the City, CFD No. 2022-2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-2 for any other administrative purposes of CFD No. 2022-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. "Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. "Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-2 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31.   Packet Pg. 851 A-3 "CFD” or “CFD No. 2022-2" means Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. “City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-2, or its designee. “Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-2 in any Fiscal Year on any Assessor’s Parcel. “Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator.   Packet Pg. 852 A-4 "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1. “Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or   Packet Pg. 853 A-5 construction of facilities authorized by CFD No. 2022-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2022-2, which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special   Packet Pg. 854 A-6 Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2022-2023 Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 1,800 sq. ft $1,552 2. Single Family Residential Property RU 1,800 sq. ft to 1,950 sq. ft $1,595 3. Single Family Residential Property RU 1,951 sq. ft to 2,100 sq. ft $1,637 4. Single Family Residential Property RU 2,101 sq. ft to 2,250 sq. ft $1,764 5. Single Family Residential Property RU 2,251 sq. ft to 2,400 sq. ft $1,806 6. Single Family Residential Property RU Greater than 2,400 sq. ft $1,849 7. Multifamily Property Acre N/A $27,459 8. Non-Residential Property Acre N/A $27,459   Packet Pg. 855 A-7 b. Multiple Land Use Categories In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $27,459 per Acre. Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $27,459 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non- Residential Property. 2. Approved Property The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.   Packet Pg. 856 A-8 The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $27,459 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $27,459 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.   Packet Pg. 857 A-9 F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 9.11 Acres. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 9.11 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 9.11 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: “CFD Public Facilities” means $3,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-2. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.   Packet Pg. 858 A-10 “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property   Packet Pg. 859 A-11 for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel. 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”). 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”). 13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the   Packet Pg. 860 A-12 expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. 2. Prepayment in Part The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula:   Packet Pg. 861 A-13 PP = ((PE –A) x F) +A These terms have the following meaning: PP = Partial Prepayment Amount PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064- 2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-2 have been satisfied. I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-2 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.   Packet Pg. 862 A-14 J. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.   Packet Pg. 863 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 1 of 3 4 2 1 RESOLUTION NO. 2022-144 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has adopted a resolution (the “Resolution of Intention”) declaring its intention to establish proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-2”), for the purpose of providing and financing certain public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”) which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-2; and WHEREAS, the City Council has determined that it is necessary for proposed CFD No. 2022-2 to incur a bonded indebtedness for the purpose of providing and financing such Facilities; and WHEREAS, it is the intention of this City Council to finance the acquisition or construction of all or a portion of such Facilities through the levy of special taxes on taxable property within CFD No. 2022-2 and the issuance of bonds of CFD No. 2022-2, such bonds to be secured by such special taxes to be levied on taxable property within CFD No. 2022-2, all as authorized pursuant to the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Declaration of Convenience and Necessity. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by CFD No. 2022-2 to contribute to the financing of all or a portion of the Facilities. SECTION 3. Purpose for Proposed Indebtedness. The purpose for the proposed debt of CFD No. 2022-2 is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2022-2 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. The amount of the indebtedness proposed to be authorized for CFD No. 2022-2 is $4,000,000.   Packet Pg. 864 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 2 of 4 4 2 1 SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-2. SECTION 6. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Act and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2. SECTION 7. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney   Packet Pg. 865 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 3 of 4 4 2 1   Packet Pg. 866 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 4 of 4 4 2 1 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. 2022-144, adopted at a regular meeting held on the 20th day of July, 2022 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 __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 867 Resolution No. 2022-144 A-1 EXHIBIT A FACILITIES The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities.   Packet Pg. 868 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:August 17, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Adoption of Ordinance No. MC-1590, CFD 2019-1 - Annexation No. 18 (Ward 7) Recommendation Adopt Ordinance No. MC-1590 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Background On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019 for the issue of establishment of the community facilities district. Discussion On August 3, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1590. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.   Packet Pg. 869 Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion Adopt Ordinance No. MC-1590 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Attachments Attachment 1 – Ordinance No. MC-1590 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services Attachment 3 – Exhibit B – Description of Territory Attachment 4 – Project Location Map Ward: Seventh Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.   Packet Pg. 870 August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. June 15, 2022 Mayor and City Council adopted Resolution No. 2022-131, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” August 3, 2022 Mayor and City Council adopted Resolution No. 2022-163 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 18), and adopted Resolution No. 2022-164 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 18); and introduced Ordinance No. MC-1590 amending Ordinance No. MC-1522.   Packet Pg. 871 Ordinance No. MC-1590 1 ORDINANCE NO. MC-1590 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the Mayor and City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on August 3, 2022, at the time and place specified in said published and mailed notice, the Mayor and City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the Mayor and City Council adopted resolutions entitled "Resolution of the Mayor and City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election   Packet Pg. 872 Ordinance No. MC-1590 2 within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the Mayor and City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. John Valdivia, Mayor City of San Bernardino   Packet Pg. 873 Ordinance No. MC-1590 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 874 Ordinance No. MC-1590 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 Ordinance No. MC-1590, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 3rd day of August 2022. Ordinance No. MC- ____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 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 _____, 2022. Genoveva Rocha, CMC, City Clerk   Packet Pg. 875 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.   Packet Pg. 876 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of August 17, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 RGC Family Trust 0142-325-04 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18   Packet Pg. 877 MARVIN DRDALLAS AVEROSALIND AVESIXTH ST VICTORIA ST MERIDIAN AVESPRUCE ST ^_ ·|}þ259 ·|}þ18 ·|}þ210 §¨¦215£¤66 £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYWATERMAN AVENINTH ST CAMPUS WAY 2ND ST MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE17TH S T BASE LINE ST SECOND S T PEPPER AVCFD NO. 2019-1 (MAINTENAN CE SERVICES)ANNEXATION NO. 18 PROJECT MAP   Packet Pg. 878