Loading...
HomeMy WebLinkAbout02-01-2023 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, FEBRUARY 01, 2023 5:30 PM ­ CLOSED SESSION 7:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, 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: 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, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. 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 Council Member, Ward 3 Juan Figueroa Mayor Pro­Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION P.10 A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of San Bernardino, et al. United States District Court Case No. 5:21­CV­01580­JGB­KK ii. Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21­cv­01528­JGB­SHK B) CONFERENCE WITH LEGAL COUNSEL ­ ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 3 CONSENT CALENDAR 1. Amendment No. 3 to Professional Services Agreement with Advanced Pet Care (All Wards) P.11 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. 3 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $250,000. 2. Agreement with Horizons Construction Company International, Inc., for Asphalt Maintenance and Street Segment Repair Services (All Wards) P. 35 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee to execute a Maintenance Services Agreement with Horizons Construction Company International Inc., for asphalt maintenance and street segment repair services; and 2. Adopt Resolution No. 2023­021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and Authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $450,000. 3. Approval of Commercial and Payroll Disbursements (All Wards) P. 104 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October to December 2022. 4. Adopt Ordinance No. MC­1605 amending Section 3.04 of the Municipal Code (All Wards) P. 240 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Ordinance No. MC­1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California. 5. Technical Correction to Fiscal Year 2022/23 1st Quarter Report (All Wards) P. 285 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023­022 of the Mayor and City Council of the City of San Bernardino, California, approving the increase to the salary ranges for Forensics Specialist II and Community Service Officer. 2. Approve the amendment of the city­wide salary schedule for full­time, part­time, temporary, and seasonal positions. 6. Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association (All Wards) P. 333 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA). Mayor and City Council of the City of San Bernardino Page 4 7.Agreement with the County of San Bernardino for access to the Sheriff’s Department Automated Systems P. 366 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute a 5­Year agreement between the City of San Bernardino, California and the County of San Bernardino, California for access to the Sheriff’s Department Automated Systems. 8.Construction Agreement Award – Roof Replacement at Perris Hill Senior Center (Ward 2) P. 377 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve the awarding of a Construction Agreement with Pacific Builders & Roofing, Inc., dba WSP Roofing, in the amount of $176,900 for the construction of Roof Replacement at Perris Hill Senior Center ("Project"); and 2.Authorize the project construction, construction contingencies, and engineering and inspection costs in the total amount of $205,000 for construction of the Project; and 3.Authorizing the City Manager or designee, to execute all documents with Pacific Builders & Roofing, Inc. dba WSP Roofing; and 4.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 9.Amendment No. 1 to Cooperative Agreement with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation (Ward 4) P. 397 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­023: 1.Approving Amendment No. 1 to the Cooperative Funding Agreement with the County of San Bernardino for Arrowhead Farm Area Street Rehabilitation; and 2.Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $915,000: and 3.Authorizing the City Manager or designee to execute Amendment No. 1 to Cooperative Funding Agreement 20­946. 10.Establish a “No Parking Anytime” Parking Restriction on both sides of the Median Island along Windsor Drive between Gilbert Street and Baseline Street (Ward 2) P. 418 Recommendation: Adopt Resolution No. 2023­024 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys or Portions Thereof...” to establish a “No Parking Anytime” zone on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street. 11.Adoption of Ordinance No. MC­1608 (Annexation 28) (Ward 5) P.427 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1608 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). Mayor and City Council of the City of San Bernardino Page 5 12. Adoption of Ordinance No. MC­1610 (Annexation 30)(Ward 5) P.437 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1610 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). 13. Adoption of Ordinance No. MC­1611 (Annexation 32) (Ward 6) P.447 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1611 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). 14. Irrevocable Agreement to Annex No. 2023­372 (Ward 6) P.457 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023­025 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 3835 June Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 15. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 33, Tax Zone No. 34 (GWS #7) (Ward 3) P.473 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023­026 of the Mayor and City Council 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. 33) and authorizing the levy of a special taxes therein. 16. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 34, Tax Zone No. 35 (Clean Energy Fuel) (Ward 3) P.515 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023­027 of the Mayor and City Council 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. 34) and authorizing the levy of a special taxes therein. Mayor and City Council of the City of San Bernardino Page 6 17. Amendment No. 7 to Cooperative Agreement 04­040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot P.557 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Amendment No. 7 to Cooperative Agreement 04­040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and 2.Authorize the City Manager to execute the amendment to the agreement. DISCUSSION 18. Homelessness State of Emergency Declaration (All Wards) P.648 Recommendation: It is Recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No. 2023­028 declaring a Homelessness State of Emergency; and 2. Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and 3. Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 19. Increase lighting at parks citywide (All Wards) – Council Member Reynoso P.662 20. Consider repeal of Resolution 2020­265. Issue written notice directing the Planning Commission, in accordance with Government Code 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially­zoned property (All Wards) – Council Member Sanchez P.663 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 February 15, 2023, 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. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 1, 2023 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, January 27, 2023. /s/Genoveva Rocha 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 7 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 three­minute 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 8 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:tinyurl.com/mccpubliccomments. 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 calling in 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://sbcity­org.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz0 Mayor and City Council of the City of San Bernardino Page 9 Meeting ID: 677­845­9453 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 01/27/2023 1 1 2 8 CLOSED SESSION City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney's Office Subject:Closed Session Recommendation: A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of San Bernardino, et al. United States District Court Case No. 5:21-CV-01580- JGB-KK ii. Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01528-JGB-SHK B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item   Packet Pg. 10 Page 1 1 1 1 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, City Manager By: Kris Watson, Director of Animal Services Department:Animal Services Subject:Amendment No. 3 to Professional Services Agreement with Advanced Pet Care (All Wards) 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. 3 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $250,000. Background On September 4, 2019, the Mayor and City Council adopted Resolution No. 2019-279, authorizing a PSA with Advanced Pet Care to provide veterinary services for animals in the shelter. The agreement was approved for one year with two single year renewals and a total contract amount not to exceed $75,000. In July 2021, the City entered into the first amendment with Advanced Pet Care after RFQ F-21-23 closed with Advanced Pet Care as the sole responsive bidder for veterinary services to the shelter. In March 2022, the City entered into the second amendment with Advanced Pet Care, increasing the contract amount to $150,000. Discussion Veterinary services are vital to the health and welfare of animals impounded at the shelter. In addition to caring for sick and injured animals, as well as spay and neuter services, the PSA with Advanced Pet Care provides the required state mandated licensing for the shelter and the ability for the Department to purchase medications and vaccines to treat animals at the shelter. In 2022, the department impounded 1,160 more dogs and 134 cats than it did in 2021. This represents a 33% increase of pets impounded at the shelter over the prior   Packet Pg. 11 Page 2 1 1 1 9 year. In order to encourage adoptions to the public, and move the increased number of pets through the shelter, the department covered the cost of spay and neuter of adopted shelter pets at Advanced Pet Care in 2022. Additionally, the cost of veterinary care and supplies have increased due to outside market forces. The combination of the increased number of animals, additional treatment, and cost of care has resulted in the need to increase the contract amount for this vendor. The department will be posting a new RFQ this year for veterinary services as the contract with Advanced Pet Care ends on June 30, 2023. Staff is currently recruiting for the staff veterinarian position, which will help to reduce the total amount spent on medical care for shelter animals at outside vet hospitals. Staff is requesting a third amendment to the PSA with Advanced Pet Care, increasing the contract amount to $250,000 annually. 2021-2025 Strategic Targets and Goals This Professional Services Agreement is consistent with Strategic Target No. 3: Improved Quality of Life. Expanded veterinary treatment for the animals at the shelter increases the overall health of the pets adopted into new homes or returned back to their owners. Fiscal Impact The fiscal impact to the City is $100,000; however, because the staff veterinarian position has been unfilled since the beginning of this fiscal year, funds currently allocated in the budget for this position will be repurposed to cover the additional contract costs at Advanced Pet Care. 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. 3 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $250,000. Attachments Attachment 1 - Professional Services Agreement with Advanced Pet Care Attachment 2 - Advanced Pet Care Amendment No. 1 Attachment 3 - Advanced Pet Care Amendment No. 2 Attachment 4 - Advanced Pet Care Amendment No. 3 Ward: All Wards Synopsis of Previous Council Actions: September 4, 2019 Resolution 2019-279 was adopted, authorizing a Professional Services Agreement with Advanced Pet Care   Packet Pg. 12 Page 3 1 1 1 9 for one year with an option of two single year renewals and issuance of Purchase Order to Advanced Pet Care for an annual not to exceed amount of $75,000. August 2, 2021 The City exercised its first of the two one-year extension options, extending the term of the Agreement through June 30, 2022. March 16, 2022 The City exercised its second of the two one-year extension options, extending the term of the Agreement through June 30, 2023 and increasing the not-to-exceed amount to $150,000 annually.   Packet Pg. 13   Packet Pg. 14   Packet Pg. 15   Packet Pg. 16   Packet Pg. 17   Packet Pg. 18   Packet Pg. 19   Packet Pg. 20   Packet Pg. 21   Packet Pg. 22   Packet Pg. 23   Packet Pg. 24   Packet Pg. 25   Packet Pg. 26   Packet Pg. 27   Packet Pg. 28   Packet Pg. 29   Packet Pg. 30 SECOND AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH BETWEEN THE CITY OF SAN BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO This Second Amendment ("Second Amendment") to the Vendor Services Agreement is made and entered into by and between the CITY OF SAN BERNARDINO ("CITY") and ADVANCED PET CARE ("VENDOR") as of the last date set forth below. A. The City and Consultant entered into that certain Professional Services Agreement on September 4, 2019 for Veterinary Services for Shelt pets. ("Original Agreement"). B. The Parties now wish to amend the Original Agreement to increase the not -to - exceed compensation to account for additional time spent by Consultant in providing the services. The not -to -exceed compensation will increase from $75,000 to $150,000. NOW, THEREFORE, the Parties agree as follows: 1. Section 4(b) of the Original Agreement is hereby amended in its entirety to read as follows: In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $150,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within (45) days from the date the 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 designed as Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoice." 2. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 3. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one of the same instrument. SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 31 CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager IGenovSTED BY: eva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney ADVANCED PET CARE Name and Title:   Packet Pg. 32 THIRD AMENDMENT TO THE VENDOR SERVICES AGREEMENT WITH BETWEEN THE CITY OF SAN BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO This Third Amendment (“Third Amendment”) to the Vendor Services Agreement is made and entered into by and between the CITY OF SAN BERNARDINO (“CITY”) and ADVANCED PET CARE (“VENDOR”) as of the last date set forth below. A. The City and Consultant entered into that certain Professional Services Agreement on September 4, 2019 for Veterinary Services for Shelt pets. (“Original Agreement”). B. The Parties now wish to amend the Original Agreement to increase the not-to- exceed compensation to account for additional time spent by Consultant in providing the services. The not-to-exceed compensation will increase from $150,000 to $250,000. NOW, THEREFORE, the Parties agree as follows: 1. Section 4(b) of the Original Agreement is hereby amended in its entirety to read as follows: “In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $250,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within (45) days from the date the 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 designed as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoice.” 2. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof. 3. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one of the same instrument. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 33 CITY OF SAN BERNARDINO APPROVED BY: Charles McNeely City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney ADVANCED PET CARE Name and Title:   Packet Pg. 34 1 0 9 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works Operations and Maintenance Department:Public Works Subject:Agreement with Horizons Construction Company International, Inc., for Asphalt Maintenance and Street Segment Repair Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee to execute a Maintenance Services Agreement with Horizons Construction Company International Inc., for asphalt maintenance and street segment repair services; and 2. Adopt Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and 3. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $450,000. Background The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In collaboration with the Engineering Division of Public Works, it is also responsible for ensuring the City’s streets, street medians, islands, curbs, and related infrastructure are properly maintained, inspected, repaired, and painted/marked as needed. General maintenance and minor repair of asphalt streets (such as pothole filling or small segment repairs) is largely performed through in-house staff. Larger repairs (to include full street rehabilitation and slurry seals) are managed by the Engineering Division.   Packet Pg. 35 1 0 9 2 Discussion The City of San Bernardino has nearly 1,300 lane miles (574 center lane miles) of streets requiring routine inspection, maintenance, and repair. Routine repairs performed by O&M Division staff generally involves traditional pothole patching, hot patch segment repairs, and minor street shoulder repairs. Larger repairs and full street rehabilitation are managed by the City Engineer using contracted services and are typically part of the City’s Capital Improvement Program (CIP). Medium- sized repairs of asphalt street segments, however, have been identified as an area requiring additional resources and contractual support. Medium-sized repairs are typically defined as repairs which go beyond traditional pothole patching and may require hot patch asphalt segment repairs beyond 10 feet by 10 feet in size. These repairs may also include repairs to sections of asphalt streets that are deteriorated (alligatored) to the point that traditional pothole patching has no effect. Deterioration of street segments is often referred to as “alligatored” because of the unique appearance of the asphalt surface that resembles the pattern of an alligator’s skin (see Attachment 5 Fact Sheet on Types of Asphalt Surface Damage). It is important to note that these repairs are not meant to provide a long- term solution, but rather, provide a short-term solution while a street is awaiting a full rehabilitation. As a result of an increase in medium-sized repairs throughout the City, the O&M Division began looking into alternatives designed to properly address such repairs in a more efficient, quicker, albeit short-term manner. They found that such repairs are best performed by contractors who can provide a variety of asphalt repair services a la carte rather than taking on larger projects (such as full street rehabilitations), which may take years to complete. Similar in concept to contracted sidewalk repairs (which are beyond the scope of in-house staff), staff determined this was a feasible alternative that will provide a quicker response to alligatored and/or deteriorated street segments while the street awaits a full replacement. To ensure our City conducts timely and first-rate repair of deteriorated street segments, staff is recommending a not-to-exceed amount of $450,000 annually under this maintenance services agreement. This will provide necessary repairs to street segments in a more efficient manner and will significantly reduce completion times while ensuring safer streets and roads. The Operations and Maintenance Division of Public Works worked with the Finance Department, and in November of 2022, a formal bid process was initiated to solicit quotes for asphalt maintenance and repair services in Request for Quotes No. F- 23-18. Notices were posted on the City’s website. The results yielded five (5) vendors which were reviewed by Procurement for compliance with mandatory requirements. This selection was based on lowest quote. It is also important to note that the cost   Packet Pg. 36 1 0 9 2 results below reflect a sampling of the most typically required services and does not reflect the overall cost of this maintenance services agreement. The amount of this maintenance agreement will be set at an annual cost of $450,000. The results of the bids were as follows: BIDDER CITY COST Horizons Construction Company International, Inc.Orange, CA $173,627 Onyx Paving Company, Inc.Anaheim, CA $225,535 NPG, Inc.Perris, CA $281,095 A&Y Asphalt Contractors, Inc.Norco, CA $320,550 GM Sager Construction Co., Inc.Pomona, CA $351,400 Horizons Construction Company provided the lowest quote and is a reputable vendor for asphalt maintenance and repair services. Staff is confident that they are qualified to provide the services required under this maintenance services agreement. The term of the proposed agreement shall be from February 1, 2023, to June 30, 2024. 2021-2025 Strategic Targets and Goals This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services that will help promote a safe and secure pavement system for the community. Fiscal Impact The General Fund impact for this action is $450,000. There is currently no funding established for work to be performed by contractual services for asphalt and street segment repairs. A supplemental budget amendment to the FY 2022/23 operating budget is requested to be able to carry out this maintenance services agreement. 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 Maintenance Services Agreement with Horizons Construction Company International Inc. for asphalt maintenance and street segment repair services; and 2. Adopt Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and   Packet Pg. 37 1 0 9 2 3. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $450,000. Attachments Attachment 1 Resolution No. 2023-021 Attachment 2 Maintenance Services Agreement Attachment 3 Bid Documents RFQ No. F-23-18 Attachment 4 Bid Results Summary and Cost Sheet Attachment 5 Fact Sheet on Types of Asphalt Surface Damage Ward: All Wards Synopsis of Previous Council Actions: None.   Packet Pg. 38 Resolution No. 2023-021 Resolution 2023-021 February 1, 2023 Page 1 of 3 1 9 5 8 RESOLUTION NO. 2023-021 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FISCAL YEAR 2022/23 GENERAL FUND OPERATING BUDGET IN THE AMOUNT OF $450,000 FOR ASPHALT MAINTENANCE AND REPAIR SERVICES WHEREAS, the City of San Bernardino values keeping City asphalt maintenance and repair services operating efficiently; and WHEREAS, the City is supportive of all efforts to properly maintain, modernize and upgrade City infrastructure to include its streets and roadways; and WHEREAS, the City recognizes that keeping our asphalt maintenance and repair services operating smoothly will promote safer communities and boost the economy from investing in the surface transportation system. 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 adopt Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000. SECTION 3. The Mayor and City Council authorize the City Manager to execute a maintenance services agreement with Horizons Construction Company International, Inc., for asphalt maintenance and repair services. SECTION 4.The Mayor and City Council authorize the Agency Director Administrative Services to amend the FY 2022/23 budget in the amount of $450,000 to the Public Works Operations and Maintenance General Fund. SECTION 5. The Mayor and City Council authorize the Agency Director of Administrative Services to issue a purchase order to Horizons Construction Company International, Inc., in the amount not to exceed $450,000.   Packet Pg. 39 Resolution No. 2023-021 Resolution 2023-021 February 1, 2023 Page 2 of 3 1 9 5 8 SECTION 6. The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of February, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 40 Resolution No. 2023-021 Resolution 2023-021 February 1, 2023 Page 3 of 3 1 9 5 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. 2023-021, adopted at a regular meeting held on the 1st day of February 2023 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 1st day of February 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 41 - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of February, 2023, by and between the City of San Bernardino, a 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 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, a CALIFORNIA CORPORATION, with its principal place of business at 432 W Meats Avenue, Orange, CA 92865 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Asphalt Maintenance and Repair Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Asphalt Maintenance and Repair Services project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Asphalt Maintenance and Repair Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from February 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services.   Packet Pg. 42 - 2 - 1 9 5 9 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Kinan Kotrash, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,   Packet Pg. 43 - 3 - 1 9 5 9 Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such   Packet Pg. 44 - 4 - 1 9 5 9 requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for   Packet Pg. 45 - 5 - 1 9 5 9 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:   Packet Pg. 46 - 6 - 1 9 5 9 (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor,   Packet Pg. 47 - 7 - 1 9 5 9 including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery   Packet Pg. 48 - 8 - 1 9 5 9 against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. 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 provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.   Packet Pg. 49 - 9 - 1 9 5 9 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.   Packet Pg. 50 - 10 - 1 9 5 9 3.2.15 Work Site. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the   Packet Pg. 51 - 11 - 1 9 5 9 replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Fifty Thousand Dollars ($450,000). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs,   Packet Pg. 52 - 12 - 1 9 5 9 penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.   Packet Pg. 53 - 13 - 1 9 5 9 3.5 General Provisions. 3.5.1 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: Contractor: Horizons Construction Company International, Inc. 432 W Meats Avenue Orange, CA 92865 Attn: Kinan Kotrash 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 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. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment,   Packet Pg. 54 - 14 - 1 9 5 9 award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.   Packet Pg. 55 - 15 - 1 9 5 9 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 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. 3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and   Packet Pg. 56 - 16 - 1 9 5 9 incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 57 - 17 - 1 9 5 9 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number   Packet Pg. 58 EXHIBIT A EXHIBIT A SCOPE OF SERVICES 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. Asphalt Maintenance and Repair General. The City of San Bernardino has approximately 534 center lane miles, approximately 45 parking lots at City parks and City owned facilities, and nearly 120 alleys with asphalt pavement. The City is responsible for repairing, maintaining, and replacing (as needed) asphalt pavement at all these locations through a combined effort between the Engineering and Operations and Maintenance (O&M) Divisions of Public Works. The O&M Division performs minor maintenance and temporary repairs of many asphalt streets and parking lots while the Engineering Division manages larger projects. This project addresses minor to medium-sized asphalt repairs on City streets, parking lots, alleys, and other related infrastructure and is administered through the O&M division. It seeks the services of an experienced, fully licensed contractor for Asphalt Maintenance Repair Services with experience in municipal settings. Materials. All asphalt materials shall meet the standard requirement of Section 400 of the Green Book standard specification for Public Works Construction, latest edition. Materials shall also be free of any residues caused by the artificial distillation of coal, coal tar, or paraffin. The material shall also be free of water and must be of the same kind/texture for the entire job. All types must be of PG6410 grade. Contractor must have the ability to supply the following: Asphalt Material •Type 3/4” •Type ½” •Type 3/8” •Type extra fine •Asphalt emulsion SS 1h Reporting and Notification. The vendor will be required to notify the Contract Administrator 24 hours prior to any scheduled work at a pre-approved work site. Before and after pictures of work are required and will be sent to the contract administrator after completion of each job or work task.   Packet Pg. 59 EXHIBIT A Hours of Operation. All work will be performed Mondays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator. Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur. Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued. Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement. Licenses The Vendor shall confirm that it has all licenses (A, Class C-8, and Class C- 12), permits, certifications, qualification and approvals of whatever nature that are legally required to provide asphalt paving/repair services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract. Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required. Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the contract administrator may assist as needed for larger lane or road closures which may require an official traffic control plan. Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30-day notice or as determined by the Contract Administrator to correct the specified deficiencies. Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures: a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. b. Withhold the entire or partial payment.   Packet Pg. 60 EXHIBIT A c. Terminate the contract.   Packet Pg. 61 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES Technical. Vendor shall provide manpower, tools, equipment, and materials to perform minor to medium-sized asphalt repair or construction services. Vendor shall possess valid Class C12 Earthwork and Paving contractor license from the State of California at the time of this quote, and for the duration of this contract. Vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes. Generally, the Vendor will be notified at least two weeks before services are required unless services are of an emergency nature. The Contract Administrator will work with the vendor to determine appropriate time-frame for completion of the requested work task and will consider factors such as material shortages due to national supply chain delays. Services Required Asphalt Overlay (Machine Method). Vendor shall place a 1” thick overlay of PG70-10 ½” over an existing asphalt-leveling course or a PG70 10 3/4” patch. Lap edges tee cut twelve inches. The areas normally range in size from 10 to 100 square feet, but some requests may be larger. A tack coat is required. Please note: If an existing patch or temporary material is too high, the vendor will scrape down and/or saw cut and remove existing patch prior to overlay. Saw-cutting is absorbed with the cost provided for this task and is not billed separately. Slurry Seal Single Coat. Slurry seal single coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 20 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 of Caltrans Standard Specification, current edition. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage. Slurry Seal Double Coat. Slurry seal double coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 30 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oir and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 and 37-2 of Caltrans Standard Specification, current editions. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage. Asphalt Berm. Asphalt berm shall be placed per City standards unless otherwise exempted by the Contract Administrator. Some special berms may be requested for flood-prone areas and may require a height up to 10”.   Packet Pg. 62 EXHIBIT B Rubberized Crack Sealing. Crack sealing work will include cleaning and sealing asphalt pavement cracks ¼” and greater in width. The crack filler shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer that confirms to current Caltrans standards. The gradation of the ground rubber shall be such that 100% will pass a No. 8 sieve. All cracks shall be blown free of loose materials with a high- pressure nozzle (at least 90 psi or greater). All excess materials shall such as sand shall be swept upon job completion. Striping and Marking. The City will provide striping and marking services for completed jobs that may require it. Should striping be requested of the vendor, a separate quote will be requested. Emergency Response. The vendor shall respond to emergencies within 2 hours of request by the Contract Administrator or his representative.   Packet Pg. 63 EXHIBIT C EXHIBIT C COMPENSATION ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: Horizons Construction Company International, Inc. ADDRESS: 432 W Meats Avenue, Orange, CA 92865 PHONE: (714) 626-0000 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: ASPHALT MAINTENANCE AND REPAIR 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. Description Unit Estimated Qty. Unit Cost Total Cost Asphalt Skin Patching – 1” Machine Overlay •1 to 1,500 square feet SF 1,500 8.90 13,350 •1,501 to 2,500 square feet SF 2,500 5.38 13,450 •2,501 to 4,000 square feet SF 4,000 4.23 16,920 •4,001 to 10,000 square feet SF 10,000 4.16 41,600 Slurry Seal Single Coat •1 to 100 square feet SF 400 0.98 392 •101 to 500 square feet SF 1,500 0.75 1,125 •501 to 1,000 square feet SF 4,000 0.58 2,320 •1,001 to 5,000 square feet SF 10,000 0.50 5,000 Slurry Seal Double Coat •1 to 100 square feet SF 400 1.69 676 •101 to 500 square feet SF 1,000 1.40 1,400 •501 to 1,000 square feet SF 1,000 1.35 1,350 •1,001 to 5,000 square feet SF 5,000 1.30 6,500   Packet Pg. 64 EXHIBIT C Remove Temporary Asphalt and Replace with 3” Permanent Asphalt •1 to 100 square feet SF 400 6.86 2,744 •101 to 500 square feet SF 1,000 6.61 6,610 •501 to 1,000 square feet SF 3,000 6.50 19,500 •1,001 to 5,000 square feet SF 5,000 6.44 32,200 10” Asphalt Berm (lineal feet) LF 120 52.00 6,240 Rubberized Crack Filling LF 1,500 1.50 2,250 Total Number of Additional Pages: 0 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. 65 - 1 - REQUEST FOR VENDOR QUOTES FOR CITY OF SAN BERNARDINO FOR ASPHALT MAINTENANCE AND REPAIR 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. 66 - 2 - REQUEST FOR VENDOR PRICE QUOTES PROJECT NO. RFQ F-23-18 ASPHALT MAINTENANCE AND REPAIR 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 Thursday, December 1, 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. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City upon request. The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Vendor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this request may also be subject to compliance monitoring and enforcement by the DIR.   Packet Pg. 67 - 3 - I. REQUEST FOR QUOTES The City is requesting Quotes from qualified vendors1 (“Vendors”) for ASPHALT MAINTENANCE AND REPAIR services (“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 Maintenance 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 Michelle Parra, Buyer, Purchasing, (909) 384-5083, (Purchasing@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 November 15, 2022 by 3:00pm local time. D. Meeting N/A E. Site Examination N/A F. Submittal Requirements of Vendor Price Quote The Quote must be received no later than 3:00PM local time, on or before December 1, 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 Support. 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 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.   Packet Pg. 68 - 4 - 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 30 working days of the contract being awarded and must complete all Project/Equipment within 45 calendar days. 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 in the following classification(s): A-General Engineering Contractor, C8-Concrete Contractor, C12-Earthwork and Paving Contractors, 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. [END OF SECTION]   Packet Pg. 69 - 5 - 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. Asphalt Maintenance and Repair General. The City of San Bernardino has approximately 534 center lane miles, approximately 45 parking lots at City parks and City owned facilities, and nearly 120 alleys with asphalt pavement. The City is responsible for repairing, maintaining, and replacing (as needed) asphalt pavement at all these locations through a combined effort between the Engineering and Operations and Maintenance (O&M) Divisions of Public Works. The O&M Division performs minor maintenance and temporary repairs of many asphalt streets and parking lots while the Engineering Division manages larger projects. This project addresses minor to medium-sized asphalt repairs on City streets, parking lots, alleys, and other related infrastructure and is administered through the O&M division. It seeks the services of an experienced, fully licensed contractor for Asphalt Maintenance Repair Services with experience in municipal settings. Terms. For purposes of this scope of services and any related documents, the following terms are defined: •Contract Administrator. The Contract Administrator is defined as the City representative responsible for administering the contract and ensuring the vendor services agreement is appropriately followed. This designation is assigned to the Operations and Maintenance Division Manager of Public Works. The Streets Supervisor is assigned as the alternate for this project. •Vendor. This refers to the asphalt maintenance and repair maintenance contractor and any of his or her assigned representatives. Materials. All asphalt materials shall meet the standard requirement of Section 400 of the Green Book standard specification for Public Works Construction, latest edition. Materials shall also be free of any residues caused by the artificial distillation of coal, coal tar, or paraffin. The material shall also be free of water and must be of the same kind/texture for the entire job. All types must be of PG6410 grade. Contractor must have the ability to supply the following: Asphalt Material •Type 3/4” •Type ½” •Type 3/8” •Type extra fine   Packet Pg. 70 - 6 - •Asphalt emulsion SS 1h Reporting and Notification. The vendor will be required to notify the Contract Administrator 24 hours prior to any scheduled work. Before and after pictures of work are required and will be sent to the contract administrator after completion of each job or work task. Hours of Operation. All work will be performed Mondays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator. Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur. Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued. Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement. Licenses The Vendor shall confirm that it has all licenses (A, Class C-8, and Class C- 12), permits, certifications, qualification and approvals of whatever nature that are legally required to provide asphalt paving/repair services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract. Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required. Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the contract administrator may assist as needed for larger lane or road closures which may require an official traffic control plan. Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30-day notice or as determined by the Contract Administrator to correct the specified deficiencies.   Packet Pg. 71 - 7 - Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures: a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. b. Withhold the entire or partial payment. c. Terminate the contract. Technical Specifications Technical. Vendor shall provide manpower, tools, equipment, and materials to perform minor to medium-sized asphalt repair or construction services. Vendor shall possess valid Class C12 Earthwork and Paving contractor license from the State of California at the time of this quote, and for the duration of this contract. Vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes. Services Required Asphalt Overlay (Machine Method). Vendor shall place a 1” thick overlay of PG70-10 ½” over an existing asphalt-leveling course or a PG70 10 3/4” patch. Lap edges tee cut twelve inches. The areas normally range in size from 10 to 100 square feet, but some requests may be larger. A tack coat is required. Please note: If an existing patch or temporary material is too high, the vendor will scrape down and/or saw cut and remove existing patch prior to overlay. Saw-cutting is absorbed with the cost provided for this task and is not billed separately. Slurry Seal Single Coat. Slurry seal single coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 20 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oil and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 of Caltrans Standard Specification, current edition. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage. Slurry Seal Double Coat. Slurry seal double coat shall be Guard top as manufactured by Industrial Asphalt or of any equal kind. It shall be applied with 15% water mix at 30 gallons per every 1,000 square foot area. The vendor will remove, clean, and scrape any accumulation of oir and foreign matter prior to application of the slurry seal. The oil seal and crack filler to be applied shall confirm to Section 37-1 and 37-2 of Caltrans Standard Specification, current editions. Oil and crack filler costs are included in the price quoted for slurry seal single coat by the vendor. Payment is based on square footage.   Packet Pg. 72 - 8 - Asphalt Berm. Asphalt berm shall be placed per City standards unless otherwise exempted by the Contract Administrator. Some special berms may be requested for flood-prone areas and may require a height up to 10”. Rubberized Crack Sealing. Crack sealing work will include cleaning and sealing asphalt pavement cracks ¼” and greater in width. The crack filler shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer that confirms to current Caltrans standards. The gradation of the ground rubber shall be such that 100% will pass a No. 8 sieve. All cracks shall be blown free of loose materials with a high- pressure nozzle (at least 90 psi or greater). All excess materials shall such as sand shall be swept upon job completion. Striping and Marking. The City will provide striping and marking services for completed jobs that may require it. Should striping be requested of the vendor, a separate quote will be requested. Emergency Response. The vendor shall respond to emergencies within 2 hours of request by the Contract Administrator or his representative.   Packet Pg. 73 - 9 - ATTACHMENT “B” SAMPLE MAINTENANCE SERVICE AGREEMENT [***MODEL MAINTENANCE SERVICES AGREEMENT- REMOVE THIS TITLE WHEN USED***] [TO BE INSERTED ON CITY OF SAN BERNARDINO LETTERHEAD] [***FOR MAINTENANCE SERVICES – DEFINED AS: (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting. (3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.**] CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a 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***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [***INSERT TYPE OF   Packet Pg. 74 - 10 - SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.   Packet Pg. 75 - 11 - 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.   Packet Pg. 76 - 12 - 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and   Packet Pg. 77 - 13 - shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.   Packet Pg. 78 - 14 - 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***] 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.   Packet Pg. 79 - 15 - Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another   Packet Pg. 80 - 16 - insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).   Packet Pg. 81 - 17 - (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its   Packet Pg. 82 - 18 - behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. [***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL): Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***] 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased   Packet Pg. 83 - 19 - in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Site. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee   Packet Pg. 84 - 20 - or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of   Packet Pg. 85 - 21 - these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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 Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of   Packet Pg. 86 - 22 - or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 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: Contractor: [***INSERT NAME, ADDRESS & CONTACT PERSON***] City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT NAME & DEPARTMENT***] With Copy To: City of San Bernardino Vanir Tower, 290 North D Street 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.   Packet Pg. 87 - 23 - 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.   Packet Pg. 88 - 24 - 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.   Packet Pg. 89 - 25 - 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 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. 3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 90 - 26 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***], [***INSERT TITLE***] ATTESTED BY: [***INSERT NAME***], City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney [***INSERT NAME OF CONTRACTOR***] [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: SAMPLE AGREEMENT-DO NOT FILL OUT Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED] By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number   Packet Pg. 91 EXHIBIT A EXHIBIT A SCOPE OF SERVICES [***INSERT SCOPE***]   Packet Pg. 92 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES [***INSERT SCHEDULE***]   Packet Pg. 93 EXHIBIT C EXHIBIT C COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]   Packet Pg. 94 EXHIBIT C   Packet Pg. 95 [***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] EXHIBIT D FEDERAL REQUIREMENTS [***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]   Packet Pg. 96 REQUEST FOR VENDOR QUOTES Project No. [***INSERT REFERENCE NO.***] ASPHALT MAINTENCE AND REPAIR ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: ADDRESS: PHONE: 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: ASPHALT MAINTENANCE AND REPAIR 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. Description Unit Estimated Qty. Unit Cost Total Cost Asphalt Skin Patching – 1” Machine Overlay •1 to 1,500 square feet SF 1,500 •1,501 to 2,500 square feet SF 2,500 •2,501 to 4,000 square feet SF 4,000 •4,001 to 10,000 square feet SF 10,000 Slurry Seal Single Coat •1 to 100 square feet SF 400 •101 to 500 square feet SF 1,500 •501 to 1,000 square feet SF 4,000 •1,001 to 5,000 square feet SF 10,000 Slurry Seal Double Coat •1 to 100 square feet SF 400 •101 to 500 square feet SF 1,000 •501 to 1,000 square feet SF 1,000 •1,001 to 5,000 square feet SF 5,000 Remove Temporary Asphalt and Replace with 3” Permanent Asphalt •1 to 100 square feet SF 400   Packet Pg. 97 REQUEST FOR VENDOR QUOTES Project No. [***INSERT REFERENCE NO.***] ASPHALT MAINTENCE AND REPAIR •101 to 500 square feet SF 1,000 •501 to 1,000 square feet SF 3,000 •1,001 to 5,000 square feet SF 5,000 10” Asphalt Berm (lineal feet) LF 120 Rubberized Crack Filling LF 1,500 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. 98   Packet Pg. 99   Packet Pg. 100 Attachment 5 Fact Sheet on the Types of Asphalt Surface Damage and Suggested Repairs Because of its durability, asphalt remains the most common type of road surfacing material used for streets, roads, and parking lots in the United States. Unfortunately, asphalt is not foolproof and will sustain damage over time. This damage is most represented in the form of potholes. Potholes, however, are not the only type of surface damage on asphalt streets and the suggested repairs will vary depending on the desired outcome and desired timespan. The below table describes the type of asphalt surface damage and suggested methods of repair (whether temporary or longer term). Type Description and Suggested Method of Repair Asphalt Cracks Most common type of pavement damage. Vary in size but most are thin and may run deep into the surface of the asphalt pavement. These are typically resolved with a process called crack-sealing. If left unrepaired, it may lead to large potholes or full street deterioration which would require street resurfacing. Potholes The most commonly-reported asphalt damage by residents and motorists, potholes occur when cracks grow large enough to allow water to seep into the asphalt and break it apart. This results in large or small holes in the surface (sometimes, deep into the sublayers of the street). Potholes are generally repaired with asphalt mix (hot or cold) depending on size and depth. Pothole repairs are always temporary and will usually return if the pavement is not resurfaced. Rains will generally cause potholes to reappear (especially once the weather warms up). Alligatoring Alligatoring is typically the result of the expansion or contraction of asphalt due to weather/temperature changes. As its names implies, the surface of the street will resemble the scales of an alligator. If left untreated, it can result in large segments of asphalt deterioration. Resurfacing or hot mix-segment repairs are effective options although completely rehabilitating the street section is best. Ruts Ruts are best described as deep depressions (dips or mounds) in the middle of the pavement or near the edges. They are typically caused by heavy loads and/or excessive traffic volume. Most ruts are found near industrial areas where large trucks are common or at bus stop intersections. Ruts may be repaired with grinding and resurfacing treatments but are best resolved with a full rehabilitation of the street segment. Raveling Raveling occurs when asphalt particles flake off the surface of the asphalt pavement. Once the top layer wears off and the underlying aggregate is exposed, decreased traction will become common and further deterioration of the surface will occur. Raveling may be repaired with a resurfacing treatment but it is important that it be caught early on. Hot mix segment repairs may be a good option.   Packet Pg. 101 Images of Type of Asphalt Damages Asphalt Cracks Alligatoring Traditional Pothole   Packet Pg. 102 Ruts Raveling   Packet Pg. 103 1 0 9 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, 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 October to December 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 November 23, 2022 $2,598,852.51 Bi-Weekly for December 8, 2022 $3,011,321.54 Bi-Weekly for December 22, 2022 $2,713,941.28 Monthly for October 15, 2022 $11,666.69 Monthly for November 15, 2022 $11,666.69 Monthly for D ecember 15, 2022 $11,666.69 Total Payroll Demands: $8,359,115.40   Packet Pg. 104 1 0 9 0 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 October to December 2022. Attachments Attachment 1 Payroll Summary Report for October-December 2022 Attachment 2 Commercial checks & Payroll Register #22 Attachment 3 Commercial checks & Payroll Register #23 Attachment 4 Commercial checks & Payroll Register #24 Attachment 5 Commercial checks & Payroll Register #25 Attachment 6 Commercial checks & Payroll Register #26 Attachment 7 Commercial checks & Payroll Register #27 Attachment 8 Commercial checks & Payroll Register #28 Attachment 9 Commercial EFT Registers #1373 Attachment 10 Commercial EFT Registers #1374-1380 Attachment 11 Commercial EFT Registers #1381-1388 Attachment 12 Commercial EFT Registers #1389 Attachment 13 Commercial EFT Registers #1390-1391 The following check registers are being presented for approval: November 17, 2022 2022/23 (Regi ster #22)$1,685,269.96 November 21, 2022 2022/23 (Regi ster #23)$547,468.88 D ecember 1, 2022 2022/23 (Regi ster #24)$1,750,948.69 D ecember 1, 2022 2022/23 (Regi ster #25)$26,500.00 D ecember 5, 2022 2022/23 (Regi ster #26)$1,608.00 D ecember 8, 2022 2022/23 (Regi ster #27)$6,277,677.63 D ecember 15, 2022 2022/23 (Regi ster #28)$3,423,848.24 Total commercial check demands:$13,713,321.40 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: October 12, 2022 2022/23 (Regi ster #1373)$1,700.00 October 12 to October 18, 2022 2022/23 (Regi ster #1374-1380) $ 1,212,055.99 October 26 to November 17, 2022 2022/23 (Regi ster #1381-1388) $ 2,377,526.98 October 26, 2022 2022/23 (Regi ster #1389) $ 2,357,817.85 November 23 to November 30, 2022 2022/23 (Regi ster #1390-1391) $ 553,413.06 Total commercial EFT demands:$6,502,513.88   Packet Pg. 105 1 0 9 0 Ward: All Wards Synopsis of Previous Council Actions: N/A   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 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;140 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;141 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;142 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;143 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;144 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;145 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;146 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;147 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;148 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;149 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;150 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;151 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;152 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;153 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;154 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;155 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;156 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;157 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;158 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;159 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;160 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;161 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;162 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;163 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;164 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;165 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;166   Packet Pg. 167   Packet Pg. 168   Packet Pg. 169   Packet Pg. 170   Packet Pg. 171   Packet Pg. 172   Packet Pg. 173   Packet Pg. 174   Packet Pg. 175   Packet Pg. 176   Packet Pg. 177   Packet Pg. 178   Packet Pg. 179   Packet Pg. 180   Packet Pg. 181   Packet Pg. 182   Packet Pg. 183   Packet Pg. 184   Packet Pg. 185   Packet Pg. 186   Packet Pg. 187   Packet Pg. 188   Packet Pg. 189   Packet Pg. 190   Packet Pg. 191   Packet Pg. 192   Packet Pg. 193   Packet Pg. 194   Packet Pg. 195   Packet Pg. 196   Packet Pg. 197   Packet Pg. 198   Packet Pg. 199   Packet Pg. 200   Packet Pg. 201   Packet Pg. 202   Packet Pg. 203   Packet Pg. 204   Packet Pg. 205   Packet Pg. 206   Packet Pg. 207   Packet Pg. 208   Packet Pg. 209   Packet Pg. 210   Packet Pg. 211   Packet Pg. 212   Packet Pg. 213   Packet Pg. 214   Packet Pg. 215   Packet Pg. 216   Packet Pg. 217   Packet Pg. 218   Packet Pg. 219   Packet Pg. 220   Packet Pg. 221   Packet Pg. 222   Packet Pg. 223   Packet Pg. 224   Packet Pg. 225   Packet Pg. 226   Packet Pg. 227   Packet Pg. 228   Packet Pg. 229   Packet Pg. 230   Packet Pg. 231   Packet Pg. 232   Packet Pg. 233   Packet Pg. 234   Packet Pg. 235   Packet Pg. 236   Packet Pg. 237   Packet Pg. 238   Packet Pg. 239 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Adopt Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California. Background Over the last two years, the Finance Department has been working to build a robust, responsive Purchasing Division. During the bankruptcy, purchasing personnel in Finance was cut to one Assistant Buyer who was tasked with coordinating procurement for the entire City. Out of necessity, the majority of procurement functions were decentralized, and departments completed most of their own procurement, from small purchases of supplies to major requests for proposals for capital projects, with limited assistance from Finance. While this worked when there was little funding available, the City has reached financial stability and is now able to invest in ongoing service and capital projects; having a centralized purchasing model backed by well-defined Policy and Municipal Code is of paramount importance. In August, 2022 Council requested that the purchasing thresholds of the City Manager and Purchasing Division Manager be added to a future Council meeting agenda, requesting an increase to the City Manager contracting authority and other changes. To provide the foundation for good governance, the Municipal Code governing purchasing was rewritten and simplified. A Purchasing Policy (Attachment 3) was developed in alignment with the Municipal Code that supports operations and ensures appropriate internal controls are in place. This Policy was adopted by the City Council at the Regular Meeting on January 18, 2023. Discussion Council requested two changes to the proposed Municipal Code and Purchasing   Packet Pg. 240 Policy. December 7, 2022 Adoption and Change. Mayor and City Council moved to adopt the new Municipal Code and Purchasing Policy with the substantive changes on December 7, 2022. The only change requested was to add a reporting requirement such that all contracts over the $40,000 threshold signed by Directors, Agency Directors, the City Manager and/or their designees be reported to the Mayor and City Council during the City Manager update at each regular City Council meeting. The specific language added to both the Municipal Code and the Purchasing Policy for all contracts over $40,000 reads as follows: “Reporting. All contracts in this category signed by the City Manager, Agency Directors, Directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each Regular City Council meeting during the City Manager Update.” This language was added for the January 18, 2023 Regular City Council Meeting. January 18, 2023 Adoption and Change. Mayor and City Council moved to adopt the Municipal Code with the above change and one additional change, which was read into the record and is attached in the Ordinance (Attachment 1), the redline of the Municipal Code (Attachment 2, page 3) and has additionally been added to the Purchasing Policy (Attachment 3, page 6). The change is to the following: 3.04.040 Approval Authority The authority to purchase supplies, materials, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. Purchasing authority are based on the following amounts: B. Purchases between $50,001 and $100,000 Purchases in this category may only be authorized by the City Manager or their designee. Council changed Subsection B. to read as follows: B. Purchases between $50,001 and $100,000 "Purchases in this category may only be authorized by the City Manager or the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence.”   Packet Pg. 241 2021-2025 Strategic Targets and Goals The changes to the Municipal Code and the adoption of the Purchasing Policy align with Key Strategic Goals 1.a. Establish clear policy direction and predictable organizational structures, and 1.d. Create a framework for spending decisions. Fiscal Impact There is no fiscal impact to the City in adopting the new Purchasing Policy and in introducing the Ordinance amending the Municipal Code. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California. Attachments Attachment 1 – Ordinance No. MC-1605 Attachment 2 – Redline of Municipal Code with 1.18.2023 change highlighted Attachment 3 – Purchasing Policy with 1.18.2023 change redline Ward: All Wards Synopsis of Previous Council Actions: January 18, 2023 Mayor and City Council moved to adopt the new Purchasing Policy and Introduce Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code, reading one change into the record. (All Wards) December 7, 2022 Mayor and City Council moved to Adopt the new Purchasing Policy and Introduce Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code with one change. (All Wards) August 3, 2022 Mayor and City Council requested that am item be added to a future meeting to give the Chief Procurement Officer a dollar authorization of $50,000 and increase City Manager’s signing authority to $100,000 (All Wards) – Council Member Alexander   Packet Pg. 242 Ordinance No. MC-1605 2 0 5 8 ORDINANCE NO. MC-1605 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 3.04 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE RELATING TO PURCHASING WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is dedicated to operating efficiently, effectively and streamlining operations where possible; and WHEREAS, the City’s current purchasing system is outlined in Chapter 3.04 of the City of San Bernardino Municipal Code; and WHEREAS, the City’s Purchasing Division has conducted a review of the City’s purchasing system and has identified areas of improvement; and WHEREAS, one such improvement is to streamline the current purchasing system by also establishing a formal purchasing policy; and WHEREAS, the implementation of a purchasing policy will allow the City to quickly update certain aspects of the purchasing system in order to address issues; and WHEREAS, as part of this purchasing system overhaul includes an increase in spending authority for the City Manager, allowing the City Manager to enter into agreements up to a value of $100,000; and WHEREAS, this increased flexibility will allow the City to more quickly respond to needs and increase the level of services provided. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Amendment of Chapter 3.04. Chapter 3.04 of Title 3 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “Chapter 3.04 PURCHASING SYSTEM Sections:   Packet Pg. 243 Ordinance No. MC-1605 2 0 5 8 3.04.010 Adoption of Purchasing System 3.04.020 Purchasing Division 3.04.030 Bidding Requirements 3.04.040 Approval Authority 3.04.050 Purchase Orders and Procurement Cards 3.04.060 Encumbrance of Funds 3.04.070 Emergency Purchases 3.04.080 Surplus Supplies and Equipment 3.04.090 Penalty for Split Purchases 3.04.100 Local Bidders 3.04.110 Reserved 3.04.120 Reserved 3.04.130 Reserved 3.04.140 Reserved 3.04.010 Adoption of Purchasing System A. Establishment. In order to establish efficient procedures for the purchase of supplies, materials and equipment, and contracted services, to secure for all departments or agencies of the City, supplies, materials, equipment, and services at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing functions and to assure that quality of purchases, a centralized purchasing system is adopted. Except as specified herein, there shall be no exemption from centralized purchasing and no Agency or Department shall be authorized to purchase, or contract for the purchase of supplies, services or equipment independently of the Purchasing Division. The Municipal Water Department and the San Bernardino Public Library shall not be subject to this centralized purchasing system; however, the Board of Water Commissioners and the Board of the San Bernardino Public Library shall employ procedures substantially in compliance with the provisions of this Chapter as such may be applicable. B. Purchasing Policy. All purchases of goods, supplies, equipment, and services shall be made in accordance with the formal Purchasing Policy in effect at the time of the purchase. The Purchasing Policy shall be developed by staff and adopted by the Mayor and City Council. The Purchasing Policy may be changed from time to time by City Council Resolution in order to remain in compliance with necessary law and to address the evolving procurement needs of the City. C. Vendor Lists. The City may utilize the processes of this Chapter and Purchasing Policy to procure vendors who will be eligible or preferred to provide goods or services to the City on an as-needed basis. D. Exemptions. This Chapter shall not apply to the following: 1. Purchases from, or sales to a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution   Packet Pg. 244 Ordinance No. MC-1605 2 0 5 8 or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating to board up or demolition of buildings or structures. 2. Purchases from a vendor or manufacturer which, through the City's bidding procedure, or other government or governmental agency's bidding procedure, has established a price at which such a vendor or manufacturer is willing to sell to the City. During such a bid procedure more than one responsive bid must have been received. 3. Purchases approved by the Mayor and City Council. 4. Purchases of less than ten thousand dollars ($10,000). 5. Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernadino Municipal Code. 6. Sole Source Procurements as more defined in the Purchasing Policy. 7. Emergency Procurements as more defined in Section 3.04.070 of the Municipal Code and the Purchasing Policy. 8. Federal/Grant-Funded Procurement to the extent that this Chapter and Purchasing Policy is inconsistent any federal, grant or other funding source requirement for a particular purchase. In that event, the federal, grant or other funding source procurement requirements shall control. 9. Inadequate Competition as more defined in the Purchasing Policy. 3.04.020 Purchasing Division Unless otherwise exempted under this Chapter, the purchase and sale of all supplies, materials, equipment, and services shall be the responsibility of the Purchasing Division. The Purchasing Division is part of the Finance Department, which is responsible for carrying out written administrative procedures adopted by the City Council related to procurement. The Purchasing Division Manager is responsible for the Purchasing Policy, and will develop, advise, review, audit and ensure compliance throughout the purchasing process as the City’s subject matter expert. 3.04.030 Bidding Requirements The procurement process used to purchase supplies, material, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. A. Purchases up to $10,000 Purchases up to $10,000 may be purchased using a Purchasing Card or through a check request with no requirement for formal bids or quotes.   Packet Pg. 245 Ordinance No. MC-1605 2 0 5 8 B. Purchases between $10,001 and $40,000 Purchases between $10,001 and $40,000 are processed informally, through vendor quotations and may be processed directly by the department making the purchase. The informal bidding process is more particularly described in the Purchasing Policy. C. Purchases above $40,000 Purchases in this category are subject to formal competitive bidding or competitive selection depending on the type of purchase. The formal competitive bidding process is more particularly described in the Purchasing Policy. 1. Reporting. All contracts in this category signed by the City Manager, Agency Directors, Directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each Regular City Council meeting during the City Manager Update. 3.04.040 Approval Authority The authority to purchase supplies, material, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. Purchasing authority are based on the following amounts: A. Purchases up to $50,000 Purchases in this category may be authorized by the Agency/Department Directors and/or the City Manager. B. Purchases between $50,001 and $100,000 Purchases in this category may only be authorized by the City Manager or the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence.their designee. C. Purchases over $100,000 Purchases in this category may only be authorized by the Mayor and City Council. 3.04.050 Purchase Orders and Procurement Cards Purchase of supplies, materials, and equipment shall be made only by purchase order or procurement card, whichever is appropriate. 3.04.060 Encumbrance of Funds The Purchasing Division shall not issue any purchase order for supplies, materials or equipment unless there exists an unencumbered appropriation in the account against which the purchase is   Packet Pg. 246 Ordinance No. MC-1605 2 0 5 8 to be charged, and until the same has been approved by the Budget Division of the Finance Department. 3.04.070 Emergency Purchases In case of an emergency, which is so urgent as to preclude advance action by the Mayor and City Council and which requires purchase of supplies, materials, equipment or contractual services, the City Manager shall have the authority to authorize securing in the open market any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized thresholds outlined in Section 3.05.020 of the Municipal Code. An explanation of the emergency circumstances shall be filed with the Mayor and City Council within forty-eight (48) hours of the emergency purchase. 3.04.080 Surplus Supplies and Equipment A. All Agencies and Departments shall submit to the Purchasing Division reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The Purchasing Division Manager shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder pursuant to the procedures in the Purchasing Policy, or shall be made at a public auction as hereinafter set forth in this Section 3.04.100. B. Public Auction. A notice describing the property in sufficient detail for its identification shall be prepared by the Purchasing Division and shall be given at least five days before the time fixed therefore by publication once in an established newspaper or other publication of general circulation published in the City. C. City officers shall not be purchasers at any such public auction authorized, conducted, or administered by them in their official capacity, nor shall any City officer or employee directly or indirectly submit a bid at the auction if they have participated in the preparation or conduct of the auction in their official capacity. D. The property so offered for sale shall be sold to the highest bidder for cash, provided that the Purchasing Manager may, at their discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made. E. Any property sold at public auction shall be provided to the purchaser upon full payment of the purchase price. F. The proceeds of the auction sale or sales shall immediately be deposited with the Department of Finance and deposited into the General Fund of the City.   Packet Pg. 247 Ordinance No. MC-1605 2 0 5 8 3.04.090 Split Purchases It shall be unlawful to split or separate into smaller purchases, a purchase in order to bring the purchase within the provisions of any exemption or less stringent procedure provided herein. 3.04.100 Local Bidders Any formal or informal bid submitted by a local bidder for goods or materials pursuant to this Chapter shall receive a five percent (5%) credit for comparison purposes with other bidders when a local credit is allowable under the law. For the purpose of this Section, "local bidders" shall be bidders with (1) fixed facilities with employees within the City of San Bernardino’s jurisdiction, (A PO Box or residential address is insufficient unless it is a home-based business, in which case the residential address may be used) and (2) an appropriate City of San Bernardino Business License. 3.04.110 Reserved 3.04.120 Reserved 3.04.130 Reserved 3.04.140 Reserved” SECTION 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance. SECTION 4.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.   Packet Pg. 248 Ordinance No. MC-1605 2 0 5 8 SECTION 6.Notice of Adoption. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of February 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 249 Ordinance No. MC-1605 2 0 5 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1605, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18th day of January 2023. Ordinance No. MC-1605 was approve passed and adopted at a regular meeting held the day of February 1, 2023, 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 2nd day of February 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 250 1 3.04.010 Adoption of Purchasing System A. Establishment. In order to establish efficient procedures for the purchase of supplies, materials and equipment, and contracted services, to secure for all departments or agencies of the City excepting the Municipal Water Department and the Free Public Library, supplies, materials, equipment, and services at the lowest possible cost commensurate with the quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing functions and to assure that quality of purchases, a centralized purchasing system is adopted. Except as specified herein, there shall be no exemption from centralized purchasing and no Aagency or Ddepartment shall be authorized to purchase, or contract for the purchase of supplies, services or equipment independently of the administrative officePurchasing Division. The Municipal Water Department and the San Bernardino Public Library shall not be subject to this centralized purchasing system; however; the Board of Water Commissioners and the Board of the San Bernardino Free Public Library shall employ procedures substantially in compliance with the provisions of this Chapter as such may be applicable. B. Purchasing Policy. All purchases of goods, supplies, equipment and services shall be made in accordance with the formal Purchasing Policy in effect at the time of purchase. The Purchasing Policy shall be developed by staff and adopted by mayor and City Council. The Purchasing Policy may be changed from time to time by City Council Resolution in order to remain in compliance with necessary law and to address the evolving procurement needs of the City. C. Vendor Lists. The City may utilize the processes of this Chapter and Purchasing Policy to procure vcendors who will be eligible or preferred to provide goods or services to the City on an as-needed basis. BD. Exemptions. This Chapter shall not apply to the following: 1. Purchases from, or sales to a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating to board up or demolition of buildings or structures. 2. Purchases from a vendor or manufacturer which, through the City's bidding procedure, or other California government or governmental agency's bidding procedure, has established a price at which such a vendor or manufacturer is willing to sell to the City. During such a bid procedure more than one responsive bid must have been received, and the bid award must have occurred within one year at the City's issuance of a purchase order. 3. Purchases approved by the Mayor and Common Council. 4. Purchases for less than $500.00of less than ten thousand dollars ($10,000).   Packet Pg. 251 2 5. Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernardino Municipal Code. 6. Sole Source procurements as more defined in the Purchasing Policy, 7. Emergency Procurements as more defined in Section 3.04.070 of the Municipal Code and the Purchasing Policy. 8. Federal/Grant-Funded Procurement to the extent that this Chapter and Purchasing Policy is inconsistent any federal, grant or other funding source requirement for a particular purchase. In that event, the federal, grant or other funding source procurement requirements shall control. 9. Inadequate competition as more defined in the Purchasing Policy. (Ord. MC-983, 9-24-96; Ord. MC-858, 1-12-93; Ord. MC-608, 9-22-87; Ord. MC-513, 4- 22-86; Ord. MC-431, 1-25-85; Ord. 2588, 6-23-64) 3.04.020 Purchasing Officer Division The purchase and sale of all supplies, materials and equipment and services, shall be the responsibility of the purchasing agent under the direction and supervision of the administrative officer.Unless otherwise exempted under this Chapter, the purchase and sale of all supplies, materials, equipment, and services shall be the responsibility of the Purchasing Division. The Purchasing Division is part of the Finance Department, which is responsible for carrying out written administrative procedures adopted by the City Council related to Procurement. The Purchasing Division Manager is responsible for the Purchasing Policy, and will develop, advise, review, audit and ensure compliance throughout the Purchasing process as the City’s subject matter expert. (Ord. MC-858, 1-12-93 ; Ord. 2588, 6-23-64) 3.04.030 Estimates of requirementsBidding Requirements All using departments and agencies shall file detailed estimates of their requirements for supplies, materials and equipment in such manner, at such time, and for such future periods as the City Administrative office shall prescribe.The procurement process used to purchase supplies, materials, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. A. Purchases up to $10,000 Purchases up to $10,000 may be purchased using a Purchasing Card or through a check request with no requirement for formal bids or quotes. B. Purchases between $10,001 and $40,000 Purchases between $10,001 and $40,000 are processed informally, through vendor quotations and may be processed directly by the department making the purchase. The informal bidding process is more particularly described in the Purchasing Policy. C. Purchases above $40,000   Packet Pg. 252 3 Purchases in this category are subject to formal competitive bidding or competitive selection depending on the type of purchase. The formal competitive bidding process is more particularly described in the Purchasing Policy. 1. Reporting. All contracts in this category signed by the City Manager, Agency Directors, Directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each Regular City Council meeting during the City Manager Update. (Ord. 2588, 6-23-64) 3.04.040 RequisitionsApproval Authority Using departments and agencies shall submit requests for supplies, materials and equipment to the Purchasing Agent by standard requisition forms.The authority to purchase supplies, materials, equipment, and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. Purchasing authority are based on the following amounts: A. Purchases up to $50,000 Purchases in this category may be authorized by the Agency/Department Directors and/or the City Manager. B. Purchases between $50,001 and $100,000 Purchases in this category may only be authorized by the City Manager or their designee the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence.. C. Purchases over $100,000 Purchases in this category may only be authorized by the Mayor and City Council. (Ord. 2588, 6-23-64) 3.04.050 Purchase Oorders and Procurement Cards Purchase of supplies, materials, and equipment shall be made only by purchase order or procurement card, whichever is appropriate., and signed by the Purchasing Agent or administrative officer or his or her designee. (Ord. MC-858, 1-12-93; Ord. 2588, 6-23-64) 3.04.060 Encumbrance of funds The Purchasing Agent Division shall not issue any purchase order for supplies, materials or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged, and until the same has been approved by the finance divisionBudget Division of the administrative officeFinance Department. (Ord. 2588, 6-23-64) 3.04.070 Formal contract procedure   Packet Pg. 253 4 Except as otherwise provided in this Chapter, purchases and contracts for supplies, materials and equipment of a value greater than fifty thousand dollars shall be by a written contract with the lowest possible and best bidder, pursuant to the procedures described in this section. A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. B. Notice, Publication and Mailing. Notice inviting bids shall be published at least ten days before the opening of bids in a newspaper of general circulation printed and published in the City. The Purchasing Agent may establish and maintain a list of prospective bidders. The prospective bidders shall be listed on said list according to the service or product provided as indicated by the prospective bidder. It shall not be the responsibility of the Purchasing Agent to ensure that the list contains current information in respect to the address, service or product of the prospective bidder. The Purchasing Agent is authorized to mail invitations to bid directly to appropriate prospective bidders appearing on said list and to other prospective bidders. C. Bidder's Security. Each bid or proposal may be required by the Purchasing Agent to be accompanied by a bidder's bond, certified or cashier's check, or cash in an amount not more than ten percent of the total bid. The City Administrator shall establish standards for determining under what circumstances a bidder's security shall be required in order to protect the interests of the City. When deemed necessary by the City Manager, bidder's security may be prescribed in the public notices inviting bids. When bid security is required, bidders shall be entitled to return of bid security, provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award has been mailed, unless and to the extent the City is responsible for the delay. The Common Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest and best bidder. If the Common Council awards the contract to the next lowest and best bidder, the amount of the lowest bidder's required security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. D. Bid Opening Procedure. Sealed bids shall be submitted to the Purchasing Agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A record of the bids received shall be available for public inspection after bids have been opened, indicating the amounts bid by the various bidders and the basis for awarding the contract or purchase order if other than the lowest bidder. Such list shall be available for thirty days after the award has been made. E. Rejection of Bids. At its discretion, the Mayor and Common Council shall have the power to reject any and all bids presented and readvertise for bids. F. Award of Contracts. Contracts shall be awarded by the Mayor and City Council, by resolution or minute action, to the lowest and best bidder except as otherwise provided herein. G. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of readvertising   Packet Pg. 254 5 for bids, the Mayor and Common Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening H. Performance Bonds. The Mayor and Common Council shall have authority to require a performance bond before executing a contract in such amount as it shall find reasonably necessary to protect the best interests of the City. If the Mayor and Common Council require a performance bond, the form and amount of the bond shall be described in the notice inviting bids. I. Negotiated Purchases. At the discretion of the City Manager, the Purchasing Agent may authorize the purchase of technical or specialized supplies and equipment by competitive negotiation when such a method of purchase would be more advantageous to the City, and any one of the following conditions exists: 1. The supplies or equipment are such that suitable technical or performance specifications are not readily available; 2. The City is not able to develop descriptive specifications; or, 3. The quality of the supplies and equipment cannot be accurately determined by reference to their specifications alone. At the completion of such a negotiated purchase a written report thereon shall be made to the City Administrator. (Ord. MC-1569, 2-02-22; Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93; Ord. MC-646, 12-07- 88; Ord. MC-602, 6-02-87; Ord. MC-491, 1-22-86; Ord. MC-183, 7-07-82; Ord. 3893, 1-09-80; Ord. 3723, 5-04-78; Ord. 3514, 8-06-75; Ord. 2588, 6-23-64) 3.04.075 3.040.070 Emergency Ppurchases In case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common City Council and which requires purchase of supplies, materials, equipment or contractual services, the City Administrator Manager shall have the authority to authorize the Purchasing Agent to securinge in the open market at the lowest obtainable price any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized thresholds outlined in Section 3.05.020 of the Muicipal Code.limitation for open market purchases. In all instances a full An explanation of the emergency circumstances shall be filed with the Mayor and Common City Council within forty-eight (48) hours of the emergency purchase. (Ord. 3893, 1-09-80; Ord. 2588, 6-23-64) 3.04.080 Open market procedureSurplus Supplies and Equipment A. All Agencies and Departments shall submit to the Purchasing Division reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The Purchasing Division Manager shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder pursuant to the procedures in the Purchasing Policy, or shall be made at a public auction as hereinafter set forth in this Section 3.04.100.   Packet Pg. 255 6 B. Public Auction. A notice describing the property in sufficient detail for its identification shall be prepared by the Purchasing Division and shall be given at least five days before the time fixed therefore by publication once in an established newspaper or other publication of general circulation published in the City. C. City officers shall not be purchasers at any such public auction authorized, conducted, or administered by them in their official capacity, nor shall any City officer or employee directly or indirectly submit a bid at the auction if they have participated in the preparation or conduct of the auction in their official capacity. D. The property so offered for sale shall be sold to the highest bidder for cash, provided that the Purchasing Manager may, at their discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made. E. Any property sold at public auction shall be provided to the purchaser upon full payment of the purchase price. F. The proceeds of the auction sale or sales shall immediately be deposited with the Department of Finance and deposited into the General Fund of the City. Purchase of supplies, materials, and equipment of a value in the amount of fifty thousand dollars or less may be made by the Purchasing Agent in the open market, in accordance with the following procedure: A. Minimum Number of Bids. Open market purchases shall wherever possible, be based on at least three bids, and shall be awarded to the lowest and best bidder. B. Notice inviting bids. The Purchasing Agent shall solicit bids by written requests or by telephone to prospective vendors. C. Written Bids. Sealed written bids shall be submitted to the Purchasing Agent who shall keep a record of all open market orders and bids for the required period of time after the submission of bids or the placing of orders. This record while so kept shall be open to public inspection. D. Open Market Purchases For Which No Bids Are Required. For open market purchases not exceeding twenty-five hundred dollars, the Purchasing Agent shall have the authority to select a specific vendor and place an order without obtaining additional competitive bids. (Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93; Ord. MC-646, 12-07-88; Ord. MC-602, 6-02-87; Ord. MC-183, 7-07-82; Ord. 3893, 1-09-80; Ord. 3531, 10-07-75; Ord. 2588, 6-23-64) 3.04.085 Services A. The Purchasing Agent may contract for services of a value of fifty thousand dollars or less in accordance with the following procedure: 1. Minimum Number of Proposals. Contracts for services shall, whenever possible, be based on at least three proposals, and shall be awarded to the provider who can best meet the needs of the City. Although cost shall be considered by the   Packet Pg. 256 7 Purchasing Agent in entering into such contracts, it shall not be the sole determining factor. 2. Request For Proposals (RFP). The Purchasing Agent shall solicit proposals by written requests or by telephone to prospective providers. 3. Written Proposals. Sealed written proposals shall be submitted to the Purchasing Agent who shall keep a record of all such proposals for not less than 180 days. This record while kept shall be open to public inspection. 4. Contractual Services For Which No Proposals Are Required. For contractual services not exceeding twenty-five hundred dollars in value, the Purchasing Agent shall have the authority to select a specific provider and enter into a contract without obtaining additional proposals. B. Contractual services with a value in excess of fifty thousand dollars must be approved by the Mayor and Common Council pursuant to Requests For Proposals as authorized by the Mayor and Common Council. C. The provisions of Subsection A above shall not apply to contracts for special counsel services which are provided for pursuant to Chapter 2.20 of this Code. (Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93) 3.04.100 Surplus supplies and equipment A. All using agencies and departments shall submit to the purchasing agent, at such times and in such form as he shall prescribe, reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The purchasing agent shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder pursuant to the procedures of Section 3.04.070 or 3.04.080, whichever is applicable, or shall be made at a public auction as hereinafter set forth. The Purchasing Agent, when directed by the Mayor and Common Council, shall restrict the sale of surplus supplies, materials and equipment of a value in an amount of three thousand dollars or less to local nonprofit tax exempt corporations, associations or organizations pursuant to Section 3.04.080, or shall negotiate and consummate a sale to a governmental agency, including any domestic or foreign sister City. Each restricted or negotiated sale under this Chapter shall be consummated at the fair market value of the surplus supplies or equipment. B. Public Auction. A notice describing the property in sufficient detail for its identification shall be prepared by the City administrator and shall be given at least five days before the time fixed therefore by publication once in a newspaper of general circulation published in the City. C. City officers shall not be purchasers at any such public auction authorized, conducted or administered by them in their official capacity, nor shall any City officer or employee   Packet Pg. 257 8 directly or indirectly submit a bid at the auction if he has participated in the preparation or conduct of the auction in his official capacity. D. The property so offered for sale shall be sold to the highest bidder for cash, provided that the City administrator may, at his discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made. E. Any property sold at public auction shall be delivered to the purchaser upon payment of the purchase price. F. The proceeds of the auction sale or sales shall immediately be deposited with the Treasurer of the City and placed in the general fund thereof. (Ord. 3531, 10-07-75; Ord. 3370, 8-22-73; Ord. 2588, 6-23-64) 3.04.105 Sale of surplus City property Notwithstanding anything in this Chapter to the contrary, the Purchasing Agent shall select appropriate items with an estimated value of $1,000 or less, and shall make them available for retail sale by private parties pursuant to written agreements approved by the Mayor and Common Council, or by direct retail sale by the City. Such items need not be sold to the highest bidder, and may be sold at a predetermined price and may be discounted from time to time in keeping with retail practices. Any items not sold within a reasonable time shall be returned to the Purchasing Agent for disposal according to normal procedures as provided in this Chapter. The private party may be authorized to retain a percentage of the sales price in an amount authorized by such written agreements. (Ord. MC-968, 6-04-96) 3.04.110 Surplus vehicles and equipment Upon direction by resolution of the Mayor and Common Council, the Purchasing Agent may dispose of surplus vehicles and equipment by sealed bid sale with or without newspaper advertising, but pursuant to the regulations contained in the resolution. (Ord. MC-608, 9-22-87) 3.04.115 City Manager Any duty or responsibility given to the Purchasing Agent by this Chapter may likewise be performed or fulfilled by the City Manager or his or her designee. (Ord. MC-1413, 4-06-15; Ord. MC-858, 1-12-93) 3.04.1203.04.090 Penalty To Split Purchases It shall be unlawful to split or separate into smaller purchases, a purchase so as to bring the purchase within the provisions of any exemption or less stringent procedure provided herein. (Ord. MC-858, 1-12-93) 3.04.125 3.04.100 Local Bbidders   Packet Pg. 258 9 Any formal or informal bid submitted by a local bidder for goods or materials pursuant to this Chapter shall receive a one five percent (51%) credit for comparison purposes with other bidders. For the purpose of this Section, "local bidders" shall be bidders with (1) fixed facilities with employees within the City of San Bernardino’s jurisdiction (a PO Box or residential address is insufficient unless it is a home-based business, in which case the residential address may be used) and (2) an appropriate City of San Bernardino Business License. for which the point of sale of the goods or materials shall be within the City of San Bernardino. (Ord. MC-903, 5-05-94)   Packet Pg. 259 City of San Bernardino Administrative Policy Purchasing Policy and Procedures Guide Subject: Purchasing Policy and Procedures Guide Purpose: To set forth the policies governing procurement and contracting and to establish certain procedures concerning authorization, documentation, and expenditure for Agencies, Departments, and the City Manager of the City of San Bernardino. The City of San Bernardino has a goal of ethical and fair procurement, and open competition. This Purchasing Policy and Procedures Guide outlines procedures in compliance with Chapter 3.04 of the San Bernardino Municipal Code. Authority: Resolution No. 2023-020 Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials making purchases on behalf of the City of San Bernardino. All such employees and officials shall comply with the provisions outlined in this policy. The purpose of any required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews bids, proposals, and/or other purchasing materials that public funds were expended in compliance with this Purchasing Policy and Procedures Guide, San Bernardino Municipal Code, and applicable State and Federal law. Exemption from Scope None   Packet Pg. 260 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 2 of 25 TABLE OF CONTENTS Section Page I. Introduction 3 II. Purchasing Expenditure and Approval Thresholds 6 III. Informal Procurement 7 IV. Competitive Procurement 7 V. Exemptions 8 VI. Protest Procedures 9 VII. Federal Emergency and Grant Procurement Procedures 10 VIII. Contracting 19 IX. Surplus Supplies and Equipment 20 X. Ethical Standards and Fair Processes 21 Exhibit A – Expenditure and Authorization Threshold Reference 24 Exhibit B – Contracting Guide 25   Packet Pg. 261 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 3 of 25 I. INTRODUCTION (a)Purpose Chapter 3.04 of the San Bernardino Municipal Code provides for the administration of the City’s procurement processes, including the establishment of Purchasing Policy and Procedures Guide (“Policy”). The purposes and objectives of this Policy are: 1. To ensure compliance with all current laws and regulations 2. To promote transparency of the City’s procurement activities 3. To establish standardized, cost-effective, and efficient purchasing methods 4. To ensure continuity of City operations 5. To promote fair competitive processes 6. To maintain integrity and fairness 7. To support the City’s mission and serve the best interest of the public This Policy shall not apply to the procurement of Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernadino Municipal Code. (b)Definitions In construing the provisions of this Policy, the following definitions shall apply: Cooperative Purchasing – Cooperative purchasing is an arrangement in which multiple entities combine their buying requirements onto a single contract and aggregate volume to enhance their purchasing power. Emergency – A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined by California Public Contract Code Section 1102. Emergency Purchase – A purchase or procurement of supplies, equipment or services made during an emergency as defined under Section VI(A) and MC 3.04.070. General Services - furnishing of labor, time, or effort by a contractor for non-professional services as the City may, from time to time, find necessary and proper for the functioning of the City. Examples include, but are not limited to, janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background or training. Goods - any and all supplies, materials, articles, equipment, apparatus, vehicles, things, or property, other than real property, furnished to be used by the City. Local Business – The vendor (i) has fixed facilities with employees located at a business address within the City of San Bernardino city limits (a PO box or residence is insufficient); and (ii) has an appropriate City business license/permit, pursuant to MC 3.04.100. Lowest Responsive, Responsible Bid – A bid from a responsible bidder, defined as a   Packet Pg. 262 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 4 of 25 bidder qualified to do the solicited work, that conforms in all materials respects to the solicitation, and is the lowest price among qualified, responsive bids. Maintenance Services - the furnishing of labor, time or effort by a contractor, including but not limited to: • Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes; • Minor repainting; • Resurfacing streets and highways at less than one inch; • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and • Other similar services that are generally classified as maintenance and not public projects. Piggyback – (See Cooperative Purchasing). Professional Services - services provided by a person, company, corporation, or firm engaged in a profession based on a generally recognized special knowledge, skill, license, and/or certification to perform the work including, but not limited to, the professions of accountant, attorney, artist, architect, landscape architect, construction manager, engineer, environmental consultant, dentist, physician, training or educational consultant, or land surveyor, and whose services are considered distinct and unique. Protest – A protest is a challenge to the award or proposed award of a contract for the procurement of goods and/or services, or a challenge to the terms of a solicitation for such a contract. Purchase Order (PO) – A purchase order, or PO, is an official document issued by the City committing to pay a vendor for the sale of specific products or services to be delivered in the future. Purchasing Agent – An employee who purchases materials and supplies and solicits bids on behalf of the City. Request for proposal (RFP) – A request for proposal (RFP) is is a document that solicits firms to submit a proposal to perform the scope of work associated with a proposed project. Cost is not the sole basis for selection in an RFP; other qualifications including experience, turnaround time and approach to work are important factors when evaluating proposals. RFPs are project specific, and preparation requires general knowledge of the project. It is expected that interested parties would do a limited amount of work to develop a quality proposal. Request for Qualification (RFQual) – A request for qualifications (RFQual) is a document that solicits firms to submit information about their qualification and capabilities to perform the type of work associated with a proposed project. The preparation of an RFQual generally does not require specific project knowledge or scope. An RFQual may be used as a pre-qualification step to engaging a service provider. If an RFQual is required, only those candidates who successfully respond to it and meet the qualification criteria will be included in the subsequent RFP process. An RFQual will contain specific reference to selection criteria. Request for Quote (RFQ) – A formal or informal solicitation of price quotes.   Packet Pg. 263 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 5 of 25 Services - either general services, maintenance services, or professional services. Sole Source – A sole source purchase means that only one supplier, to the best of the requester's knowledge and belief, based upon thorough research, can provide the required product or service. Surplus Supplies and/or Equipment – City owned materials, supplies and/or equipment deemed to be no longer useful or otherwise obsolete. See MC Section 3.04.080. (c)Organization The Purchasing Division is part of the Finance Department, which is responsible for carrying out written administrative procedures adopted by the City Council related to procurement (M.C. § 3.04.020). (i) Purchasing Division. The Purchasing Division is responsible for the oversight and internal control related to procurement and purchasing including, but not limited to: i. Ensuring compliance with Chapter 3.04 of the San Bernardino Municipal Code and this Policy. ii. Developing technical review matrices for proposals iii. Carrying out the initial review of Bids/Proposals iv. Verifying that all legal and other required internal reviews are completed v. Ensuring that departments are using the correct contract templates vi. Opening sealed bids vii. Certification of Sole Source Procurements viii. Managing the City’s Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) Program and reporting results to City Management and the Mayor and City Council. (ii) Purchasing Division Manager (“Purchasing Manager”). The Purchasing Manager is a critical internal control position. While not empowered to make purchases directly, the Purchasing Manager ensures that the City complies with applicable procurement law, grant funding requirements, the San Bernardino Municipal Code and this Policy. The Purchasing Manager is responsible for internal control and compliance related items including, but not limited to: i. Reviewing selection of vendors for compliance with open and fair competition ii. Responding to any bid protests   Packet Pg. 264 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 6 of 25 iii. Reviewing the DBE and SBE program including verifying affirmative steps and auditing results iv. Reviewing contracts before they are submitted for final signatures v. Periodic audits for compliance with applicable law, the San Bernardino Municipal Code and the Policy II. PURCHASING EXPENDITURE AND APPROVAL THRESHOLDS (a)Purchasing Requirements by Expenditure Threshold (i) Purchases up to $10,000 (Micro-Purchases): 1. Purchases up to $10,000 may be purchased using a Procurement -Card (“P-Card”) or through a check request. 2. No formal bids or quotes are required. 3. Purchases of $10,001 and over shall not be divided into multiple smaller purchases or invoices to circumvent required procedures. This is “split purchasing” and is unlawful and a violation of the Policy and the San Bernardino Municipal Code. (M.C. § 3.04.090). (ii) Purchases Between $10,001 and $40,000 (Small Purchases): 1. Purchases in this category are processed informally through the simplified process outlined in Section III of this Policy and may be processed directly by the department making the purchase. 2. Competitive Bidding may be used for purchases under $40,000 at the discretion of the Agency or Department Director. (iii) Purchases Above $40,000: 1. Purchases in this category are subject to competitive bidding or competitive selection outlined in Section IV of this Policy, depending on the type of purchase (formal procurement procedures). 2. Reporting. All contracts in this category signed by the City Manager, Agency Directors, Directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each Regular City Council meeting during the City Manager Update. (b)Purchasing Authority by Expenditure Threshold (i) Purchases up to $50,000: 1. Purchases in this category may be authorized and signed by Agency/Department Directors and/or the City Manager or their designee. (ii) Purchases between $50,001 and $100,000: 1. Purchases in this category may only be authorized and signed by the City Manager or the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s   Packet Pg. 265 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 7 of 25 absence.their designee. (iii) Purchases over $100,000: 1. Purchases in this category may only be authorized by the Mayor and City Council. III. INFORMAL (SIMPLIFIED) PROCUREMENT PROCESS Purchases for goods, services, and materials that are subject to the informal procurement process may be processed through vendor quotations as follows: (a) Three (3) written quotes should be obtained. (b) Departments shall strive to obtain written price quotes from three or more potential contractors or suppliers and accept the quote which is determined to be in the best interests of the City. Written price quotes shall be retained and provided as backup for the purchase requisition. If unable to obtain a minimum of three (3) price quotes, staff shall document that reasonable efforts were made to obtain price quotes or proposals including, that there were no other vendors to solicit price quotes or proposals from or that they solicited to other vendors and one or more declined to provide a quote or proposal. (c) Award shall be made to the best qualified vendor presenting a quote or proposal that is in the City’s best interests. For purchases subject to the informal procurement process, criteria other than price may be used. For example, delivery time, quality, and vendor experience may impact the selection of quotes. If using criteria other than price, the criteria should be stated somewhere on the quote documentation for audit purposes. (d) Contracts for the purchase of professional services shall be awarded to the best qualified vendor on the basis of demonstrated competence and professional qualifications. While a reasonable price is always a consideration in selecting a vendor, it cannot be the sole factor in selecting a vendor for professional services. IV. FORMAL PROCUREMENT PROCESS (a) Purchases for goods, services, and materials that are subject to the formal procurement process shall be processed utilizing an RFP, RFQual or RFQ process as described in this Section. The RFP, RFQual or RFQ process shall be utilized to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City. The following minimum guidelines and procedures shall be implemented. (i) Notice Inviting RFQs or RFPs. At a minimum, the notice inviting RFQs, RFQuals or RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of qualifications or proposals; (4) describe general   Packet Pg. 266 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 8 of 25 parameters for evaluation and selection; and (5) include any other information required by state or local law. (ii) Published Notice. City staff shall solicit RFQs, RFQuals or RFPs via published notice in a newspaper of general circulation and/or the City’s website at least ten (10) calendar days before the date for receiving qualifications or proposals, unless exigent circumstances call for a shorter time. (iii) Review of Qualifications or Proposals. The City will receive qualifications or proposals at the date, time and place of submission on the notice inviting RFQs/RFQuals/RFPs. Any proposals received after the proposal opening time will be time/date stamped and returned unopened to the proposer. The City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFQuals/RFPs and rank proposals based on factors listed in the RFQ/RFQual/RFP. (iv) Negotiation. Once proposals are ranked, the City may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. The City may also dispense with negotiations and recommend an award based on the proposals. (v) Award. Award for professional services contracts shall be to the best qualified vendor who will best serve the City’s interests taking into account the demonstrated competence, professional qualifications and suitability for the project. Award for other contracts shall to the vendor offering the best value to the City, in the City’s sole and absolute discretion. (vi) Rejection of Bids. The City Council may, in its sole and absolute discretion, reject all proposals presented and re-advertise. V. EXEMPTIONS Exemptions from the procurement process may be requested under the following circumstances: (a)Emergency Purchases. An exemption may be granted in case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies, materials, equipment, and contractual service. (i) In such a case, the City Manager shall have the authority to authorize the Purchasing Division to secure in the open market such supplies, materials, equipment, or contractual services as deemed necessary. (ii) This emergency authority shall extend to all purchases; irrespective of the fact that amount might exceed the City Manager’s authorization threshold. In such instances a full explanation of the emergency circumstances shall be filed with the Mayor and City Council (MC § 3.04.070).   Packet Pg. 267 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 9 of 25 (iii) If emergency work is performed, the Purchasing Division should be notified by the next business day, or as soon as practical. This will allow the Purchasing Division to properly ratify purchase orders. (iv) An emergency includes the following: (1) a public calamity; (2) an immediate need to prepare for national or local defense; (3) the breakdown of machinery or equipment causing a service impediment requiring immediate resolution; (4) a hazard to public health or welfare; and (5) situation in which the City will be unable to perform services for the public. (b)Cooperative Purchases. The City may engage in cooperative purchasing for goods or services as a third-party agency "piggybacking" on another agency's competitively bid agreement. Cooperative purchasing reduces administrative expenses and secure prices and other benefits of a large volume purchase. Caution must be exercised to ensure that the City is in compliance with all applicable federal, state, and local laws as well as the Policy. The Purchasing Division must be consulted prior to any department engaging in cooperative purchasing. (c)Sole Source. When a department determines that the goods, services or public project can only be obtained from a sole source. For example, only one manufactured makes an item that meets the required specifications or only one item is compatible with existing equipment. Price cannot be used in a determination of sole source. This is an indication of competition in the marketplace. A sole source purchase is a method of acquisition; it shall not be used to avoid competition. A sole source justification memo is required for any sole source purchase over $10,000. The sole source justification memo must be approved by the Purchasing Manager before the purchase is completed. (d)Public Works Projects. This Policy shall not apply to the procurement of Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernadino Municipal Code. (e)Purchases Approved by Mayor and City Council. A purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from this Policy. (f)Federal/Grant-Funded Procurement. Federal/grant-funded procurements shall be exempt from this Policy if such funding requires compliance with an alternative set of procurement rules not in compliance with this Policy. This is more particularly described in Section VII(c) of this Policy. (g)Exemptions Authorized by San Bernardino Municipal Code Section 3.04.010(D)(1). Items listed in San Bernardino Municipal Code section 3.04.010(D)(1) shall be exempt from this Policy. This includes, but is not limited to, purchases/sales from other governmental agencies. (h)Inadequate Competition. Inadequate competitive is defined as when, after solicitation from a number of sources (which must be documented for audit purposes), competition is determined to be inadequate. Inadequate competition includes the lack of receipt of responsive bids.   Packet Pg. 268 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 10 of 25 VI. PROTEST PROCEDURES (a)Right to Protest. Prior to making the award, any responsible bidder in connection with the award of a contract may protest the award. A subcontractor of a bidder or proposer may not submit a protest. This Section shall apply to all contracts awarded by the City Council through a formal competitive process, including but not limited to a formal bid or formal request for proposal process. The protest procedure does not apply to contracts that are awarded at the staff level or through a non-competitive process (e.g., by sole source). The protest procedure is solely to serve the public interest and obtain finality of City contract awards. (b)Procedure. The protest must: (i) Be filed in writing within five (5) calendar days after the bid opening date relating to any Bid. Any protest relating to a City determination or recommendation regarding the bidder’s bid must be submitted within five (5) calendar days after the City makes the determination or recommendation (ii) Clearly identify the specific irregularity or accusation; (iii) Clearly identify the specific City staff determination or recommendation being protested, if applicable; (iv) Specify in detail the legal grounds for protest and the facts supporting the protest; and (v) Include all relevant, supporting documentation with the protest at time of filing. (c)City Response. Any grounds not raised in the written protest are deemed waived by the protesting bidder. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City shall review the protest, any response from the challenged bidder(s), and all other relevant information. The City will provide a written decision to the protestor in a reasonable amount of time. (d)Effect of Failure to Comply with Protest Procedures. The procedure and time limits set forth are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceeding. (e)Conflicts. The protest procedure contained in this Section shall not apply if a particular procurement solicitation contains a different protest procedure. VII. FEDERAL EMERGENCY AND GRANT PROCUREMENT PROCEDURES   Packet Pg. 269 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 11 of 25 (a)Purpose. The purpose of these Federal Emergency and Grant Procurement Procedures is to define the practices and policies governing the procurement of services, and goods (i) in preparation of, during, and after an emergency that may be subject to federal funding or reimbursement; (ii) when using federal grant funds subject to the regulations set forth in the following sentence. These Federal Emergency and Grant Procurement Procedures are compliant with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). (b)Federally Declared Emergencies and Federal Grants; Procurement and Contracting Requirements (i) In the event of an emergency declared by the President of the United States, the City must comply with Federal procurement standards as a condition of receiving public assistance funding from the Federal Emergency Management Agency (FEMA) for contract costs for eligible work. FEMA funding is governed by the Uniform Guidance. (ii) In addition, most federal grant funding is also subject to the Uniform Guidance. Federal grant compliance requires the grantee to conduct procurements in accordance with written procurement policies and procedures that comply with the requirements set forth in the Uniform Guidance. These procurement procedures shall be complied with in connection with utilization of federal grant funding by the City, in addition to any other specific grant requirements. (iii) These procedures are in addition to and are not intended to replace or supersede the City’s other procurement requirements in this Policy or state law. In the case of a conflict between these procedures, the more stringent requirement shall govern, provided that the more stringent requirement would not violate a federal procurement requirement. In such case, for federally funded contracts, the federal requirement shall govern. (c)Conflicts of Interest (i) Standards of Conduct for Conflicts of Interest. No employee, officer or agent of the City shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The City’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. Such a conflict will not arise where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. Employees must follow applicable laws, rules, and regulations in regard to conflicts of interest including, but not limited to, the Political Reform Act, the   Packet Pg. 270 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 12 of 25 prohibition against contractual conflicts of interest, and guidelines in the California Code of Regulations regarding acceptance of gifts. (ii) Violations. Disciplinary actions to be applied for violations of the above standards are as follows. (1) The violation of these Standards of Conduct by City employees will subject the violator to any disciplinary proceedings or action deemed appropriate by the City Manager. Employees may correct a violation in any manner provided for under the Political Reform Act, and its implementing regulations. (2) The violation of any of these Standards of Conduct by City officers will require correction of the violation in any manner provided for under the Political Reform Act, and its implementing regulations. (3) Contractors or subcontractors that violate these Standards of Conduct as relates to an active federally funded procurement may be prohibited from bidding on the procurement, or may be subject to other action as deemed appropriate by the City Manager. (4) Agents of the City that violate these Standards of Conduct as relates to federally funded procurements may be prohibited from participation on behalf of the City on federally funded projects, or subject to other action as deemed appropriate by the City Manager. (d)Procurement Standards (i) Oversight. The City shall maintain administrative oversight of contractors to ensure that contractors perform in accordance with the terms, conditions and specifications of their contracts or purchase orders. (ii) Economical Approach. The City must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. The City will enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. If feasible and it reduces project costs, the City will explore using federal excess and surplus property in lieu of purchasing new equipment and property. When appropriate, the City will investigate using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. (iii) Detailed Records. The City shall maintain records sufficient to detail the history of each procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.   Packet Pg. 271 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 13 of 25 (iv) Procurement Issues. The City alone shall be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes and claims. Protest procedures or information on obtaining the procedures shall be included in the procurement documents. (e)Competition (i) Full and Open Competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest, as further detailed herein; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (7) Any arbitrary action in the procurement process. (ii) Organizational Conflicts of Interest. An unfair competitive advantage could result if a contractor were allowed to submit a bid or proposal for work described in a specification or statement of work that the contractor itself developed. For the purpose of eliminating a potential unfair competitive advantage, and in compliance with applicable state and federal laws and regulations, a contractor that develops or assists in developing specifications, requirements, statements of work, invitation for bids, and/or request for proposals for City procurement is excluded from competing for the resultant procurement, unless an appropriate waiver is issued by the City. All waivers will be assessed by the City on a case-by-case basis. (iii) Geographical Preference. The City shall conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in- state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes   Packet Pg. 272 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 14 of 25 expressly mandate or encourage geographic preference. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (iv) Procurement Transactions. The City shall require the following information for procurement transactions: (1) A clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and (2) All requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (v) Prequalification Lists. The City shall ensure that all prequalified lists, if used, of persons, firms or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City shall not preclude potential bidders from qualifying during the solicitation period. (f)Procurement Procedures The thresholds below are federal thresholds. If City thresholds are lower, the more restrictive requirement shall govern, notwithstanding the provisions herein. (i) Micro-Purchases. Purchases within the micro-purchase threshold (e.g., currently set at purchases of $10,000 or less but periodically adjusted for inflation) may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. To the extent practicable, the City must distribute micro-purchases equitably among qualified suppliers. (ii) Small Purchases. Purchases within the simplified acquisition threshold (e.g., currently set at purchases of $40,000 or less) shall not be required to be formally bid. Price quotations must be received from no less than three (3) sources.   Packet Pg. 273 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 15 of 25 (iii) Formal, Sealed Bidding. (1) Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. Formal, sealed bidding is required for purchases greater than the simplified acquisition threshold, which is currently set at $40,000, or as may be adjusted by the Federal Acquisition Regulation, pursuant to 48 CFR § 2.101. (2) This is the preferred method for procuring construction, if a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effectively and for the business; and the procurement lends itself to a firm-fixed-price contract and the selection of the successful bidder can be made principally on the basis of price. (3) The City must publicly advertise the Invitation for Bids and publicly open all bids at the time and place prescribed in the invitation. (4) Any contracts awarded pursuant to this procedure shall be to the lowest responsible bidder submitting a responsive bid and shall be for a firm fixed price. Any or all bids may be rejected if there is a sound documented reason. (iv) Competitive Proposals. (1) When the nature of a procurement does not lend itself to formal, sealed bidding, the City may solicit competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost- reimbursement type contract is awarded. (2) A request for proposals (RFP) must be publicly advertised, and the City must solicit proposals from an adequate number of sources. The RFP must identify all evaluation factors and their relative importance; however, the numerical or percentage ratings or weights need not be disclosed. (3) Evaluation factors that will be considered in evaluating proposals shall be tailored to each procurement and shall include only those factors that will have an impact on the selection decision. a. The City’s procurement officer shall establish a formal evaluation committee, of at least two persons. The size of an evaluation committee should be based on the size and complexity of the goods or services being procured and well balanced and represented by individuals involved with the procurement and/or affected by the goods or services being procured.   Packet Pg. 274 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 16 of 25 b. The evaluation committee will be charged with responsibility for evaluating proposals in accordance with the evaluation criteria in the solicitation, short listing firms, establishing a competitive range, and/or recommending a firm or firms for contract award. (4) Any contract awarded based on the competitive proposal procurement process cannot be based exclusively on price or price- related factors. (5) If a contract is awarded, it shall be to the responsible firm whose proposal is most advantageous to the City (“best value”), with price and other factors considered. (v) Competitive Proposals for A&E Services. The competitive proposal procedures above may be used for procurement of architect and engineering (A&E) services, provided that proposers must be evaluated based on competence and qualifications, without regard to price. For A&E procurements, price will not be used as a selection factor. The City will rank proposers based on qualifications only, and attempt to negotiate fair and reasonable compensation with the highest ranked proposer. If negotiations with the highest ranked proposer are unsuccessful, such negotiations will be terminated and the City will commence negotiations with the next highest ranked proposer. This process shall be continued with successive qualified proposers until agreement is reached that is determined to be fair and reasonable. (vi) Noncompetitive Procurements. (1) Contracts may be procured through a noncompetitive proposal only when: a. The item is only available from a single source; b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the City; or d. Competition is deemed inadequate after the solicitation of a number of sources. (vii) Public Projects. Public projects shall be procured by the City’s formal contract bid procedures, if any, and the formal, sealed bidding in this section. If there is conflict between the foregoing, the more restrictive requirements shall apply. (viii) Award.   Packet Pg. 275 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 17 of 25 (1) Responsible Contractor. The City shall award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (2) Debarment and Suspension. In accordance with 2 CFR 200.213, in connection with the responsibility determination, a check of debarment and suspension using the System for Award Management (SAM), www.sam.gov, must be performed and documented in the procurement records prior to award. (g)Contracting with Small and Minority Firms, Women’s Business Enterprises, and Labor Area Surplus Firms (i) The City must take all necessary affirmative steps to ensure the use of minority businesses, women’s business enterprises, and labor surplus area firms when possible, as set forth at 2 CFR § 200.321 and detailed below. The City shall: (1) Place qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Require the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. (ii) The City shall document the steps above, and any relevant findings applicable to any of the steps above in its procurement file. (h)Cost and Price (i) Cost or Price Analysis. The City shall perform a cost or price analysis in connection with every procurement action, including contract modifications,   Packet Pg. 276 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 18 of 25 in excess of the simplified acquisition threshold. While the method and degree of analysis depend on the facts surrounding the particular procurement situation, the City must, at a minimum, make independent estimates before receiving bids or proposals. (ii) Profit. The City shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where a cost analysis is performed as required by 2 CFR § 200.323(b). (iii) Estimated Costs. Costs or prices based on estimated costs for contracts are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under 2 CFR 200.400 et seq. (i)Payment Procedures (i) Method of Contracting. Contracts entered into pursuant to these procedures shall utilize only fixed-price, cost-reimbursement, or, to a limited extent, time and materials payment methods. (ii) Prohibited Methods of Contracting. The City shall not use the cost plus a percentage of cost or percentage of construction cost methods of contracting for any work for which federal reimbursement will be sought. (iii) Time and Materials (“T&M”) Contracts (1) T&M contracts should be used rarely, and the use of T&M contracts should be limited to a reasonable time period (e.g., no more than 70 hours) based on circumstances during which the City cannot define a clear scope of work. (2) The City shall only enter into a time and materials contract if all of the following apply: a. The City has determined and documented in the project file that no other contract is suitable; b. The contract has a guaranteed maximum price that the contractor exceeds at its own risk; and c. The City provides a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (3) The City must define the scope of work as soon as possible to enable procurement of a more acceptable type of contract (i.e., non- T&M). (iv) Separate Invoicing. All purchases made during a proclaimed emergency shall require separate invoicing from routine (i.e., non-emergency related) purchases. All invoices shall state the goods, services, or equipment   Packet Pg. 277 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 19 of 25 provided and shall specify where the goods or services were delivered. All invoices shall specify the location(s) where the goods or services were used, if possible. Any invoice which fails to properly identify the emergency nature of the purchase and provide details as to the date(s) and location(s), as appropriate, shall not be paid until such errors are corrected by the vendor and re-submitted in correct form. (v) Auditing of Invoices for Debris Removal. All invoices for debris clearance and removal shall be audited prior to payment to the contractor. Contractors shall be notified of this requirement prior to the award of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide. (j)Bonding Requirements (i) Bonding. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold (See 2 CFR 200.88), the City shall require at a minimum: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. (2) A performance bond on the part of the contractor for 100 percent of the contract price. (3) A payment bond on the part of the contractor for 100 percent of the contract price. (k)Procurement of Recovered Materials (i) For procurements covered under these procedures, the City and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with these requirements, the City shall only procure items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (ii) This requirement applies to purchases of items when the purchase price of the item exceeds $10,000, or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. (l)Contract Provisions. The City’s contracts shall contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.   Packet Pg. 278 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 20 of 25 VIII. CONTRACTING (a) Standard Contract Templates. The City utilizes written contracts to document each party's obligation and to minimize the City's risks during the performance of services or supply of goods. Contracts include standard terms and conditions that serve as the framework and a statement of work that serves as the substance, of the contract. During the course of the relationship between the parties, the contract serves as a point of reference which may quickly resolve any misunderstanding. (i) The contract templates include forms for: professional and consulting services, maintenance services, software licensing, and the purchase of goods. The type of contract used for a particular procurement is determined by the nature of the transaction. The City has a set of contract templates that can be found on the City’s Intranet. (ii) The Purchasing Division can aid departments in determining which type of contract is needed. Exhibit B provides a brief explanation when certain contract templates should be used. (iii) Questions regarding contract terms should be directed to the City Attorney’s Office. Under no circumstances should contract terms and conditions be adjusted, changed, or deleted by anyone other than a representative of the City Attorney’s Office. (b) Non-Standard Contracts. In some cases, vendor services or products are specialized, and a department may wish to use the vendor contract. However, doing so requires specialized legal review. It is important to note that this can add anywhere from two (2) to four (4) weeks to the contracting process. This additional time must be allowed for to ensure that the City’s interests are protected. (c) Contracts NOT Required. Neither a contract, nor a purchase order is required for the following: payroll-related expenses such as insurance or retirement payments as approved by City Council through the budget, other insurance premiums, petty cash, travel advances or reimbursements, utility payments, membership dues, subscriptions, debt service, various “pass-through” payments, or other mandated expenditures. Claim forms should be used to pay these items. IX. SURPLUS SUPPLIES AND EQUIPMENT (a) Submitting Reports. The applicable Department Head or their designee(s) will notify the Purchasing Division in writing of surplus supplies and/or equipment and request disposal. This notification shall list each item, acquisition date or estimated age, acquisition price (if known), condition, and any known defect not readily apparent through visual inspection. (b) Review. The Purchasing Division shall review the surplus items and determine if any other City department has a use for the property. (c) Disposing of Surplus. If the Purchasing Division determines that the surplus items are not functionally or economically suitable for further City use, they shall dispose of the items by using a public auction, sealed bids or through negotiated   Packet Pg. 279 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 21 of 25 sale for items valued at more than $10,000. For recyclable items equal to or less than $10,000, Purchasing may dispose of those items through a scrap metal or a recycling vendor if the cost to do so does not outweigh the value received in return. (d) Donation. Surplus items valued less than $10,000, for which the City no longer has an identified use, may be donated to 501(c)3 organizations operating within the city limits of the City of San Bernardino. (e) Prohibitions. City employees and/or elected official of the City and their immediate families shall not be eligible to purchase such surplus materials, supplies, and equipment. X. ETHICAL STANDARDS AND FAIR PROCESSES (a)Ethical Standards for Purchasing. When placing City business with the business community, it is every employee’s responsibility to follow good business and ethical practices and to adhere to the City’s applicable law, policies, and procedures. This is a responsibility that should not be taken lightly as it is a duty under the law. All vendors shall be treated equally and fairly at all times by City personnel, with equal information given to each vendor who participates in a competitive situation. City employees must discharge their duties under this Policy in an impartial manner to foster the integrity of the City’s purchasing function and to assure fair and open competition for City business and the selection of competent, responsible vendors. (b)Conflicts of Interest. (i) No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract pursuant to this Policy he or she has a real or apparent conflict of interest. A conflict of interest would arise when the City employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a material benefit from a vendor considered for a contract. The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts, subject to any applicable standards for determining whether a financial interest is not substantial, or a gift is an unsolicited item of nominal value. (ii) California Government Code § 1090 prohibits City officers and employees from having a financial interest in any contract "made" by them or by any board or body of which they are members. Virtually all City Council members, officers, employees, and consultants of a public entity are considered public officials under Government Code §1090. In a case where a consultant is developing a scope of work for a future project, creation of that scope of work is considered part of the “making” of the contract and defined by Section 1090. As such the consultant would be prohibited from submitting a proposal and/or being awarded a contract for the work. (c)Communications Related to Solicitations.   Packet Pg. 280 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 22 of 25 (i) Bidders, proposers, and other potential vendors shall not contact City officials outside of the solicitation process and shall not make any efforts to unduly influence City decision-making or otherwise gain an unfair advantage outside of the solicitation process. Improper contacts or attempts to influence the selection process shall be grounds for automatic rejection. (ii) To the maximum extent feasible, City representatives shall provide each vendor with the same information related to the solicitation. For formal bids, RFP’s and RFQ’s, such information shall be provided in the form of an addendum to the solicitation. (d)Confidentiality and Transparency. (i) Negotiations related to any solicitation shall be maintained with strict confidentiality. No City official or employee with knowledge of the City’s bargaining position, or of the non-public position of other bidders or proposers, shall disclose such information for purposes of aiding a particular vendor, giving an advantage to a particular vendor over other bidders or proposers, or otherwise corrupting or frustrating the City’s procurement efforts. This Section does not prevent the City’s designated representative from engaging in negotiating tactics to obtain the best value to the City. (ii) All bids, proposals, quotes, and any related documents, including communications such as e-mails related to solicitations, are public records and shall be made available to the public upon request. However, public records may be withheld from disclosure while negotiations are pending, in accordance with applicable law. (iii) To the extent a solicitation involves proprietary information or trade secrets, vendors should mark the proprietary information as confidential. Information that is not proprietary or a trade secret shall not be marked confidential. Unless a law specifically and expressly allows price information to be confidential, all price proposals and other financial terms shall be public. (iv) City Council decisions on all contract awards shall strictly comply with the Ralph M. Brown Act (Government Code sections 54950, et seq.). City Council members and staff should not engage in any series of communications that result in a majority of the City Council deliberating on a proposed contract award outside of a properly noticed City Council meeting. (e)Disclosures. (i) Solicitations should require that bidders, proposers and other potential vendors disclose: (1) any ex parte contacts made by the vendors or made by City officials to the vendors outside of the official procurement process, (2) any gifts, loans or other benefits (other than campaign contributions) made to City officials within the 12 months preceding the solicitations, (3) whether the vendor has knowledge that a City official will be financially interested in the contract. Vendors shall promptly notify the City if any City official requests any payment, contribution or any other quid pro quo in exchange for award of a contract.   Packet Pg. 281 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 23 of 25 (ii) Vendors may be required by the Political Reform Act, and/or the Fair Political Practices Commission to disclose financial interests on the Form 700. Such vendors shall comply with all disclosure requirements. (f)Discipline/Censure. Violations of the ethical and fair process requirements contained in this Section may be grounds for discipline (if by an employee) or censure (if by an elected official). Criminal violations, such as willful violations of Government Code section 1090, may be reported to the San Bernardino County District Attorney.   Packet Pg. 282 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 24 of 25 EXHIBIT A EXPENDITURE AND AUTHORIZATION THRESHOLDS REFERENCE Purchasing Requirements by Expenditure Threshold Purchases up to $10,000 (Micro-Purchases): •Purchases up to $10,000 may be purchased using a Procurement Card (“P Card”) or through a check request. •No formal bids or quotes are required. •Purchases of $10,001 and over shall not be divided into multiple smaller purchases or invoices to circumvent required procedures. This is “split purchasing” and is unlawful and a violation of the Policy and the San Bernardino Municipal Code. (M.C. § 3.04.090). Purchases Between $10,001 and $40,000 (Smal Purchases): •Purchases in this category are processed informally through the simplified process outlined in Section III of this Policy and may be processed directly by the department making the purchase. •Competitive Bidding may be used for purchases under $40,000 at the discretion of the Agency or Department Director. Purchases Above $40,000: •Purchases in this category are subject to competitive bidding or competitive selection outlined in Section IV of this Policy, depending on the type of purchase (formal procurement procedures). Purchasing Authority Purchases up to $50,000: •Purchases in this category may be authorized and signed by Agency/Department Directors and/or the City Manager and/or their designee. Purchases between $50,001 and $100,000: •Purchases in this category may only be authorized by the City Manager or their designee. Purchases over $100,000: •Purchases in this category may only be authorized by the Mayor and City Council.   Packet Pg. 283 Purchasing Policy and Procedures Guide Finance-Purchasing Division - December 2022 Page 25 of 25 EXHIBIT B CONTRACTING GUIDE Under this Policy, certain contract types are likely to arise for the purchase of goods and services. Here is a brief description of an appropriate situation to use each template. Goods Purchase Agreement – To be used when the City desires to purchase goods totaling above $5,000. Maintenance Services Agreement - To be used for routine maintenance/repair work of a non- professional nature, such as: landscape, traffic signals, electrical, street sweeping, HVAC, and plumbing. Nuisance Abatement Services Agreement – To be used when the City desires to engage a third party to take action to remove a public nuisance. On-Call Professional Services Agreement - To be used when the City desires to engage a professional to engage in certain services on an as-needed basis. Professional Services Agreement – To be used for professional consultant work, such as non– design engineering, economic, accounting, legal, financial, and administrative work. Professional Services Agreement (Federal) – To be used for professional consultant work that also involves the use of Federal funds. Professional Software Services Agreement – To be used for the purchase of software services. Request for Proposals – To be used when the City desires to solicit services or purchase goods which either require bidding or for which bidding is appropriate. Please note that requests for proposals that relate to state or federal funded projects may require additional terms in accordance with grant agreements. Request for Qualification (RFQual) – To be used when the City desires to solicits firms to submit information about their qualification and capabilities to perform the type of work associated with a proposed project. An RFQual may be used as a pre-qualification step to engaging a service provider. If an RFQual is required, only those candidates who successfully respond to it and meet the qualification criteria will be included in the subsequent procurement process. An RFQual will contain specific reference to selection criteria. Request for Quote (RFQ) – To be used when the City desires to solicit firms to submit pricing for products or services where the requirements are standardized or produced in repetitive quantities. Short Form Services Agreement – To be used for low risk or uncomplicated services that do not require formal bidding. Should not be used for public works projects. Vendor Services Agreement – To be used when the City desires to solicit services other than Professional, Design, or Construction Services.   Packet Pg. 284 1 1 1 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Technical Correction to Fiscal Year 2022/23 1st Quarter Report (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-022 of the Mayor and City Council of the City of San Bernardino, California, approving the increase to the salary ranges for Forensics Specialist II and Community Service Officer. 2. Approve the amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Background On December 7, 2022 the Fiscal Year 2022/23 1st Quarter Report was taken to the Mayor and City Council. Resolution No. 2022-268 was adopted which authorized the Agency Director of Administrative Services to amend the FY 2022/23 budget, establish a new classification, increase salaries for various positions, and amend the city-wide salary schedule. Within the 1st Quarter Report for FY 2022/23 there were two technical errors in the salary range increases that need correcting. Discussion The first correction is the recorded monthly dollar amounts for the Forensics Specialist II position. While the three-digit salary code that the classification was being increased to was correct, the listed monthly dollar amounts were incorrect in both the staff report and resolution. Therefore, the increase of the salary range for the Forensics Specialist II classification is from 460, $4,736.84/month - $5,758.03/month to 478, $5,182.36/month - $6,299.29/month. The second correction is the recorded monthly dollar amounts for the Community Service Officer position. While the three-digit salary code that the classification was being increased to was correct, the listed monthly dollar amounts were incorrect in both   Packet Pg. 285 1 1 1 6 the staff report and resolution. Therefore, the increase of the salary range for the Community Service Officer classification is from 410, $3,691.98/month - $4,487.20/month to 427, $4,018.03/month - $4,884.27/month. 2021-2025 Strategic Targets and Goals The requested corrections to salary range rates align with Key targets No. 2b: Focused, Aligned Leadership, and Unified Community – Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is enough salary savings within the adopted budget to cover the salary rate increases within this recommendation. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-022 of the Mayor and City Council of the City of San Bernardino, California, approving the increase to the salary ranges for Forensics Specialist II and Community Service Officer. 2. Approve the amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Attachments 1. Attachment 1 – Resolution 2023-022 2. Attachment 2 – Q1 Staff Report & Unsigned Resolution 12.7.22 3. Exhibit A – City-wide Salary Schedule Ward: All Synopsis of Previous Council Actions: December 7, 2022 Mayor and City Council adopted resolution 2022-268 approving the 1st Quarter General Fund amendments totaling $2,394,949. June 1, 2022 Mayor and City Council adopted the Annual Operating Budgets for Fiscal Year 2022/23 and Fiscal Year 2023/24 and the CIP 2023-27. Packet Pg. 286 Resolution No. 2023-022 Resolution 2023-022 February 1, 2023 Page 1 of 3 2 0 5 3 RESOLUTION NO. 2023-022 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE INCREASE TO THE SALARY RANGES FOR FORENSICS SPECIALIST II AND COMMUNITY SERVICE OFFICER AND AMEND THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS. WHEREAS, to keep momentum of growth and opportunity within the city, departments require additional funding. WHEREAS, the salary ranges for Community Service Officer and Forensics Specialist II will increase to make the positions more competitive in the labor market; and WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; 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 salary range for Community Service Officer, Range 427, $4,018.03 - $4,884.27/month, is hereby amended. SECTION 3. The salary range for Forensics Specialist II, Range 478, $5,182.36 - $6,299.29/month, is hereby amended. SECTION 4.The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 5.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Packet Pg. 287 Resolution No. 2023-022 Resolution 2023-022 February 1, 2023 Page 2 of 3 2 0 5 3 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 __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg. 288 Resolution No. 2023-022 Resolution 2023-022 February 1, 2023 Page 3 of 3 2 0 5 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. 2023-022, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk Packet Pg. 289 1 0 3 7 DISCUSSION City of San Bernardino Request for Council Action Date:December 7, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Fiscal Year 2022/23 1st Quarter Report (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the Fiscal Year 2022/23 1st Quarter Report; 2. Authorize the Agency Director of Administrative Services to Amend the Fiscal Year (FY) 2022/23 Budget as outlined in the FY 2022/23 1st Quarter Report; 3. Adopt Resolution No. 2022-268 of the Mayor and City Council of the City of San Bernardino, California, approving the 1st Quarter General Fund Budget Amendments totaling $2,088,110; allocating $1,000,000 of Measure S funds for further development of the Investment Playbook; and allocating $20,150,000 of American Rescue Plan Act Funds for the Housing Initiative and Navigation Center; and Temporary Housing Funds for American Sports University Tenants. 4. Approve the following: a. Deputy Director of Operations (U) job classification; b. Salary range increases to the following positions: Equipment Mechanic I (Flex), Equipment Mechanic II, Programming/Traffic Assistant, IT Analyst I (Flex), Senior IT Technician, Community Service Officer, Forensics Specialists II, Lead Forensics Specialist, and Forensics Supervisor; c. Amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Background Packet Pg. 290 1 0 3 7 This Staff Report is divided into three main sections: 1)Financial Performance, which will discuss the financial performance of the City in FY2021/22 and through Quarter 1 of FY 2022/23; 2)Meeting the Needs of the Community, Customers and Departments, in which individual department goals and needs are discussed and addressed; and 3)Strategic Initiatives, in which key City initiatives including the Investment Playbook and the Homeless Navigation Center are discussed. Because these areas and initiatives require discussion at the City Council level, and decisions regarding funding they have been brought forward as a single staff report. The City continues to make great strides in the last few months in providing services for the community while remaining fiscally prudent. The City of San Bernardino officially exited bankruptcy on September 8th, 2022 when U.S. Bankruptcy Judge Scott C. Clarkson issued an order discharging the City of San Bernardino’s bankruptcy case, bringing an end to a process that began over ten years ago. The City has been actively allocating resources to make San Bernardino’s progress obvious: repaving streets, trimming trees, renovating parks and senior centers, redeveloping underutilized parcels, cleaning graffiti and sidewalks, adding large murals and painting utility boxes with bright colors and neighborhood themes, and hosting events to boost engagement and pride in the community. The City also marked local history with the official launch of first-ever scheduled passenger flights out of San Bernardino International Airport and the Parks, Recreation and Community Services Department put on the first annual San Bernardino Festival on October 9 at Seccombe Lake Park. Discussion Financial Performance The City of San Bernardino is in a period of growth and opportunity. Strong revenue performance and operational savings in departments during FY 2021/22 led to an increase in total fund balance (spendable and non-spendable) of almost $7.5 million leaving total fund balance at $104.3 million, with fully funded reserves of $32.7 million and over $22.3 million in unassigned fund balance. Year-end entries for FY 2021/22 are still occurring and being finalized within the Accounting Division; therefore, these numbers are preliminary, unaudited estimates and may change with audit adjustments before the Annual Comprehensive Financial Report (ACFR) is issued for Fiscal Year 2021/22. The City entered into a biennial budget for Fiscal Years 2022/23 and 2023/24 with a budget including anticipated increases in sales tax collections and modest increases in other revenue streams. The City is primarily a sales-tax dependent city, with Sales and Use Tax, and the Measure S Transaction and Use Tax representing nearly 50% of all FY 2022/23   Packet Pg. 48   Packet Pg. 291 1 0 3 7 General Fund revenue in the adopted budget. Sales tax receipts are reported and remitted to the State on a monthly basis and the City receives its remittance two months after the taxes are collected. Final sales tax receipts for FY 2021/22 exceeded expectations. Specifically, Measure S was expected to bring in approximately $42 million for the fiscal year. Measure S receipts totaled $49,424,028 in Fiscal Year 2021/22; 18% higher than expected. The higher than anticipated revenue was accompanied by additional costs, including the sales tax revenue sharing agreements, which increase with increased sales tax receipts. The City also added forty-four (44) positions, increased investment in capital projects, and dedicated more funding to maintenance contracts. Thus, while revenues were markedly higher than expectations, expenditures were deliberately increased to take advantage of the additional funds so that the City can begin to address its significant service needs and deferred maintenance. Overall, unaudited General Fund revenues came in at approximately $155.5 million and expenditures at $148 million, for an approximate $7.5 million increase in fund balance, as stated above. Again, it should be noted that the City’s financial audit is not complete, and these numbers remain subject to change. As discussed above, sales tax receipts are received two months in arrears, therefore, first quarter financial results, July through September 2022, show only one month of sales tax receipts. To date, the receipts for Fiscal Year 2022/23 are relatively on budget. Revenue results are detailed below with notes. Sales and Use Taxes and Measure S Transaction and Use Tax (a) represent only one month of collections. Measure S receipts are almost exactly on budget with July receipts equaling 8.6% of the expected revenue for the year. Sales and Use Taxes came in just slightly higher at 9.1% of total revenue for the year. Other taxes, which include Transient Account Classification Adopte d Budge t Ame nde d Budge t Ye ar-to-Date Se pt. 30, 2022 Note s Sales and Use Tax 50,000,000$ 50,000,000$ 4,531,123$ a Measure S Sales Tax 46,000,000$ 46,000,000$ 3,949,777$ a Property Taxes 22,500,000$ 22,500,000$ -$ b Uti li ty Users Tax 21,430,500$ 21,430,500$ 4,196,946$ c Licenses & permi ts 12,430,000$ 12,430,000$ 3,659,135$ d Franchi se Tax 11,781,000$ 11,781,000$ 439,960$ c Other Taxes 11,656,000$ 11,656,000$ 1,507,316$ a C harges for services 8,232,400$ 8,232,400$ 2,209,195$ d Intergovernmental 2,367,000$ 2,367,000$ 315,105$ e Fines and forfei tures 1,365,500$ 1,365,500$ 225,623$ f Mi scellaneous 1,181,556$ 1,181,556$ 94,181$ e Use of Money and Property 529,000$ 529,000$ 168,202$ e Investment i ncome 525,000$ 525,000$ 218,065$ g Total R evenues 189,997,956$189,997,956$21,514,629$ City of San B ernardino FY 2022/23 R evenues   Packet Pg. 49   Packet Pg. 292 1 0 3 7 Occupancy Tax (hotel and motel tax), Cannabis Tax, Tow Franchise and others are anticipated to meet budget over the course of the year. No Cannabis Tax revenue was received during the first quarter of Fiscal Year 2022/23; however, subsequently $605,692 has been collected. The majority of the Franchise Taxes (b) are not remitted until later in the year, and Property Taxes in Lieu of Vehicle License Fees (VLF) are submitted to the City in two payments, one in January and one in June. Utility Users Tax (UUT) (c) is on track to meet budget projections though this revenue stream has been in decline over the past few years. This tax is dependent on utility usage and therefore weather conditions and consumer choices impact this revenue source. Licenses and Permits (d) and Charges for Services are ahead of expected budget for Quarter 1 at 29.4% and 26.8% respectively. Miscellaneous Revenue (e) includes the transfer from the Water Department, which is received annually, and Intergovernmental (e) and Use of Money and Property revenues, which are not received on a regular schedule. Fines and Forfeitures Revenue (f) is at about 16.5% of the expected budget with Library Fines exceeding the expected budget for the year. Parking citations are behind budget at 13.7% of budgeted revenues collected. Staff will continuously monitor this revenue to determine if the anticipated budget should be adjusted downward at mid-year. Investment Income (g) is at 41.5% of the expected budget due to the City’s higher fund balance, the American Rescue Plan funds, and higher interest rate environment. With the limited financial information available at the end of the first quarter, it is difficult to estimate the future revenue performance; however, revenue performance currently remains stable. The City should be cautious due to the unknowns with the economy. Most importantly, as seen in the performance of the two largest sources of revenue for the City, Sales and Use Tax and Measure S, both came in slightly lower than expected for the first quarter but within expectations; however, in October (August sales), Measure S came in at $4 million and Sales and Use Tax at $4.7 million, both below budget, demonstrating some volatility. Staff will continue to monitor economic indicators and revenue trends to ensure that the City is able to plan for any major changes and pivot if necessary. General Fund Expenditures Departments are continuing to work to fill positions to maintain and improve service levels and implement new programs and initiatives city-wide. The 1st quarter report provides a snapshot of where department expenditures currently stand. General Fund expenditures are summarized by department below.   Packet Pg. 50   Packet Pg. 293 1 0 3 7 It is important to note that in the table above the amended expenditure budgets includes carryovers of encumbered funds for contracts entered in FY 2021/22 and prior years. Annually, the City must carryover open purchase orders and the related encumbrances to fulfill these contracts. These encumbrances are recorded as part of the fund balance at the end of the fiscal year and then added to the next year’s operating budget. Also important to note is that the Police Department (a) appears to have spent nearly 44.6% of their annual budget because the City pays its CalPERS Unfunded Actuarial Liability (UAL) payment annually in July. For the Miscellaneous (non-safety) plan, this expense is spread throughout all the non-safety departments, and therefore does not have a major budget impact on any one department. However, the entire Safety Plan UAL payment is paid from the Police Department budget, which significantly skews the department’s first quarter results. The City makes the UAL payments in July rather than monthly to avoid paying interest and fees throughout the year to CalPERS. The payment for the Miscellaneous Plan for FY 2022/23 was $10,176,430 and the Safety Plan payment was $23,994,586. Paying upfront saved the City $1,364,300 for FY 2022/23.   Packet Pg. 51   Packet Pg. 294 1 0 3 7 Departments that are on track with budget or are tracking just slightly over due to the UAL payment include (b) City Council, the Mayor’s Office, Finance, Library, Parks, Recreation & Community Services, and the City Manager’s Office. Community, Housing and Economic Development and the City Clerk’s Office are on track with expected budget expenditure levels. Departments that are below expected expenditure levels are (c) Human Resources, and Public Works, Operations and Maintenance due to salary savings. Legal Services is also below 1st quarter expectations due to the billing schedule. Capital projects payments (d) do not go out until projects reach benchmarks or are completed; funds are encumbered as soon as contracts are signed. In general, the first quarter expenditures show some savings due to vacancies, personnel turnover rates, and difficulty recruiting. Staff continues to work on staffing levels and are actively working to find solutions to maintain service levels in the interim. Other than salaries and benefits related to vacancies, most expenditures are on track with budget. Meeting the Needs of the Community, Customers, and Departments As San Bernardino is seeing more development, an uptick in permitting activity, the attraction of new businesses, and ramping up capital investments throughout the City, staffing continues to be a challenge. Departments are working diligently to respond to increasing developer interest in the City. The City continues to see record numbers of building permits, higher planning activities, and is working to bring on additional staff to address community concerns. Responding to the community, addressing customer needs, and delivering on Council initiatives while trying to recruit and fill the key positions in multiple areas creates bottlenecks and delays deliverables. Several operational improvements and initiatives are in various stages of planning and execution, while departments continue to recruit to fill critical positions for community initiatives. Animal Services During the first quarter of FY 2022/23 the Animal Shelter was responsible for impounding and caring for over 1,400 animals, facilitating adoption events that resulted in 638 adoptions, reunited 148 lost pets with their owners, and sent 448 pets to rescue partners. The Animal Control Officers continue to work hard throughout the City and have responded to over 3,200 calls for service. After the separation from the Police Department to create its own department, the Police Department continued to provide all dispatch services for Animal Control Officers in the field. Due to staffing shortages in dispatch at the Police Department, Animal Services has now taken over dispatching duties for Animal Services. Currently the department utilizes borrowed County equipment to dispatch incoming calls for service to the Animal Control Officers. There is a dire need to purchase equipment, as well as new radios, for staff in the field. The cost for each radio and required programming is approximately $6,000. An amendment of $100,000 is needed in FY 2022/23 to purchase dispatch consoles and nine new radios for the field. Summary of Requests One-Time: $100,000   Packet Pg. 52   Packet Pg. 295 1 0 3 7 City Clerk During the first quarter of FY 2022/23 the City Clerk’s department processed 370 California Public Records Act Requests and began a city-wide records management project by meeting with individual departments to assess needs and draft new retention schedules. In FY 2021, the Clerk's Office reopened the Passport Acceptance Facility to provide much- needed passport service to the community. These services are available on a part-time basis only and part-time staff was requested to assist with operations. After operating for over a year, and considering the demand for services, the Department believes it is necessary to have a full-time staff person to operate the passport office. There are sufficient savings within the department to reclassify the part-time position into a full-time Customer Service Representative position. This will result in an ongoing cost of $75,884 inclusive of benefits and taxes. The Department is also requesting additional funding for staff professional development. An amendment of $1,950 in FY 2022/23 will allow staff to obtain training through the City Clerk’s Association of California throughout the year and attend the City Clerks Association Annual Conference. Summary of Requests One-Time: $1,950 Ongoing, future years: $75,884 Community Housing & Economic Development (CED) Code Enforcement Division. With the hiring of more Code Enforcement Officers. the Division requires more handheld radios, as well as additional funding for overtime to address the increased demand for after-hours call outs for emergency situations. The equipment costs are approximately $80,000 and the overtime funding needed is approximately $20,000. The equipment is a one-time cost (with a useful life of more than 10 years). The need for overtime will be assessed quarterly. Planning Division. The Planning Division is currently experiencing an ever-increasing workload due to the influx of development applications, building permit and plan check review submittals, phone and public counter traffic, and several other large City-initiated efforts. There is a need to bring in short-term contract staff to assist with processing the backlog of building permit plan checks and administrative planning cases. Contract staff will also provide backup assistance at the front counter, field phone inquiries as needed, and perform planning research to allow existing staff to focus on other time-sensitive projects. The cost of adding short-term contractors is approximately $250,000 for the remainder of FY 2022/23, of which $95,000 is being requested. The remainder will be covered through internal salary savings within the department. With the increasing workload, adding short-term contract staff will help bridge the gap; however, additional permanent staff is needed to keep up the momentum the planning team has built over the past eight months, and to jumpstart the vision for a long-term   Packet Pg. 53   Packet Pg. 296 1 0 3 7 solution in Planning. The Planning Division is requesting one (1) Senior Planner and one (1) Assistant Planner to help Division keep up with the increasing developer interest in the City. When the Division is fully staffed and these positions are filled, it should eliminate the need for the short-term contracted services. These positions require an amendment of $125,455 for the remainder of FY 2022/23 and will have an ongoing fiscal impact of $257,195. Multiple Divisions – Software. Community and Economic Development has also identified a critical need for enhanced software that will enable the Housing Division, Real Property and Economic Development to have a project management tool to perform the following: manage the entitlement processes with developers, analyze visual data, track projects and properties long-term through the life of the covenants, manage leases, allocate financing from locations for cost association, etc. This will create a centralized database accessible to users which will enable management reports, centralize documents, and standardize procedures for the handling of City owned assets and leases going forward. The cost of this enhanced software is approximately $18,000 of which $9,000 will be funded through the General Fund and $9,000 will be covered through Community Development Block Grant (CDBG) funds. This is a one-time cost; however, there will be ongoing software maintenance costs associated with the software that the Department will include in future budgets. Housing Division. The City has a critical need to develop a strategy to reduce homelessness. As a first step, the Housing Division must establish a Navigation Center to help unhoused residents and those at risk of homelessness. As previously discussed with City Council (and discussed in detail below under “Strategic Initiatives”), the City has the opportunity to transform a 2.48-acre former school campus into a community space that can provide a variety of onsite support services, recuperative care, counseling, job training and housing navigation. In order to fulfill this project, the Housing Division needs an architect to design the campus with buildings that are safe, functional, sustainable, and aesthetically pleasing. This one-time cost is approximately $50,000 and will be covered through CDBG funds. Real Property Division. The Real Property Division moved to Community and Economic Development from Public Works at the beginning of FY 2022/23. With this shift, and with personnel requiring sufficient education and training to excel in the Division, a budget increase of $2,620 is needed to obtain International Rights of Way Association memberships and credentialing for staff’s professional development. Economic Development Division. The Economic Development Division has actively been engaged with the business community to inform them of current opportunities within the City. The Division has also deployed the American Rescue Plan Act Grant program for small businesses and non-profits and continues to develop stronger methods for performing business outreach with the intention to further improve and expand connections with the local business community. To continue the momentum they have built, the Division needs the help of a professional firm to more effectively communicate   Packet Pg. 54   Packet Pg. 297 1 0 3 7 city-wide projects, community events, milestones, and accolades through various media. This is an ongoing cost of approximately $45,000. In addition, the Division is requesting one (1) Economic Development Specialist to manage the business attraction and retention program and support working with the Chamber of Commerce and the County Economic Development Office. The cost for the additional staff for the remainder of this fiscal year is $56,704, with an ongoing fiscal impact of $115,925 annually inclusive of taxes and benefits. Summary of Requests One-Time: $186,620 (General Fund) One-Time: $59,000 (CDBG) On-going, FY 2022/23: $247,159 (General Fund) On-going, future years: $418,120 (General Fund) Finance Thanks to the hard work of the Accounting and Budget Divisions, the City received both the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award from GFOA again. The Treasury Division successfully implemented the updated Cash Handling Procedures in April 2022 and has trained Departments city-wide on proper cash-handling procedures. They have now fully trained all personnel that deal with cash including supervisors and Directors, and conduct ongoing training for new personnel. All staff that handle cash must complete the training annually. Cash handlers receive a certificate upon completion of the training, and the date of completion. Treasury staff tracks the training dates and will send reminders to cash handlers when they are due to complete their annual training. The Purchasing Division recently hired a Disadvantaged Business Enterprise Specialist, who will be developing a program for outreach, training and education, and tracking minority owned, and other disadvantaged business enterprises for the City. Grants Division. The Grants Division continues to establish itself within the City and partner with Departments to help manage existing grants and seek new funding opportunities. During the first quarter, the Division began building a city-wide grant document repository and is currently in the data collection phase. A grant opportunity tracker and methods for pursuing them has been built with the help of the City’s grant consultant, Renne Public Policy Group (RPPG) and a Grants Administration Manual is nearing completion. Staff believes it would be beneficial to extend the grants consulting contract with RPPG past the original term date of December 2022 and request an amendment of $46,000 to the Division’s budget. This amount is to allow for the contract extension and to appropriately reflect the full contract amount for RPPG within the Grants Division. Summary of Requests One-Time: $46,000   Packet Pg. 55   Packet Pg. 298 1 0 3 7 Information Technology (IT) IT is a critical department within the City as it ensures that the City stays current in technology advances, connected, and keeps things running in the background of day-to- day operations. During the first quarter, the Department did a city-wide application of DocuSign to improve internal efficiencies, facilitated the implementation and use of PrimeGov software city-wide in conjunction with the City Clerk’s team, and assisted the Police Department in the transition from 1 GB to 10 GB internet speed capacity, which required them to replace the two core firewalls with more capacity and newer hardware. IT has been working to improve the City’s security and upgrade servers and software, as well as conducting training for City employees. The trainings have been in the form of “phishing” emails with links that if clicked on, send the recipient to a training about cyber security and how to identify phishing attempts. This training campaign is part of a free program sponsored by the Department of Homeland Security, which is also doing a full security assessment for the City. Client Services Division. Staff recommends that all Windows Operating Systems be replaced with the current version of Windows 11 including hardware. To replace the older versions with Windows 11 an amendment of $250,000 is needed within the Department’s budget to capture all costs associated with this upgrade. Public Safety Division. The Public Safety Division within IT is responsible for maintaining the crime analytics tool, CrimeView. This mapping tool displays specific crime data on a map and is used by the Police Department Crime Analysis staff and the Command staff. The current CrimeView System is nearing end-of-life and will no longer be supported by the vendor. Staff recommends purchasing the cloud-based version of CrimeView to replace the current version because the software is a crucial tool for the Police Department and assists in transparency for the public. The one-time cost for this upgrade is approximately $30,000. There will be ongoing software maintenance costs; however, while the amount may vary somewhat from the existing budgeted cost, software maintenance is already included in the Department’s budget and will be adjusted as necessary. Summary of Requests One-Time: $280,000 Library During the first quarter, the Library continued to offer exceptional resources to the community and saw an increase in foot traffic within all libraries. In the 1st quarter, the Library had 1,132 participants in the Summer Reading Program, set a new record of nearly 1,300 Overdrive eBook and eAudiobook checkouts in September, and had an estimated total of 26,657 patrons who visited the City’s libraries. Unfortunately, the Department only has ten of the fifteen total authorized positions filled that provide direct public services. Seven are spread among the three public service counters at Feldheym Library leaving only one for each of the three branch libraries. Due to staff turnover, the Department often   Packet Pg. 56   Packet Pg. 299 1 0 3 7 operates with less staff than what is necessary to provide high-level customer service to the community. Staff recommends adding an additional full-time Library Technician I to help bridge this gap. The additional position would cost $35,000 for the remainder of FY 2022/23 with an ongoing fiscal impact of approximately $61,525, inclusive of benefits and taxes. Summary of Requests Ongoing, FY 2022/23: $35,000 On-going, future years: $61,525 Parks, Recreation & Community Services The Parks, Recreation & Community Services Department has been hosting events throughout the City to engage the community and increase youth sports registration numbers. They have also hosted several events for the senior community within the Senior Nutrition Program. The Department also took over the Military Banner Program and with the purchase of a special printer, the Department is able to take requests and create the banner in house so that the City is now able to honor more of our local heroes than ever before. The Department is requesting additional funding for banner materials, ink, thread, and other miscellaneous supplies to keep up with the demand for the banner requests. The cost of these additional supplies is approximately $7,000, which is anticipated to be an ongoing cost. The Parks, Recreation and Community Services Department will be bringing additional requests at mid-year, including a Park Ranger program and other additions to staffing that will enhance service delivery and community engagement. Summary of Requests Ongoing, FY 2022/23: $7,000 Ongoing, future fiscal years: $10,000 (estimate) Police Department (PD) The Police Department has continued to seek grant opportunities within the first quarter and has already accepted and been awarded over $1,000,000 in grant and contract awards. The Department has also successfully hired ten (10) Police Officers, and seven (7) professional staff employees, as well as seven (7) Law Enforcement Trainees. While the Department continues to work on increasing staffing levels to allow for more uniformed officer presence in the community; improvements to assist professional staff with day-to- day productivity are needed. For instance, with the way Police evidence is stored, all evidence must be maintained until a case is adjudicated or released by the court. Currently, the Department’s system is manual and extremely time-consuming to manage. Obtaining an automated evidence inventory database for barcoding and cataloging all police evidence will allow the Police staff to improve and streamline daily evidence management duties, reduce repetitive and error-prone manual tasks, and increase the   Packet Pg. 57   Packet Pg. 300 1 0 3 7 overall efficiency of the unit. The estimated cost for this software is $130,000. Ongoing software maintenance costs will be included in future budgets. Staff also recommends the addition of eleven (11) professional support staff within the department, which will not only improve customer service, but will also allow sworn, uniformed officers who have been covering these roles to spend more time on more critical duties. The additional professional staff recommended are: (4) Community Service Officers, one (1) Accounting Technician I (Flex), three (3) Police Records Technicians I (Flex), one (1) Senior Office Assistant, one (1) Crime Analyst, and one (1) Police Dispatcher I (Flex). These additions in personnel will help alleviate the administrative tasks that sworn Police Officers are currently tasked with due to professional non-sworn staffing shortages within the department. Staff continues to work collaboratively with the Chief of Police to address the non-sworn staffing levels needed to support the nearly 16.5% increase in sworn personnel since FY 2019/20. The addition of these eleven personnel will cost approximately $394,496 for the remainder of the current fiscal year and will have an ongoing fiscal impact of approximately $901,549, inclusive of benefits and taxes. The Police Department continues to have a shortage of non-sworn support positions that will be brought forward as funding is available and economic conditions appear favorable to add staff across the organization. Summary of Requests One-Time: $130,000 Ongoing, FY 2022/23: $394,496 Ongoing, future fiscal years: $901,549 Public Works (PW) The Public Works Department has a visible and tangible effect on the community, and they continue to do great work to improve the City, filling potholes, rebuilding and repaving streets, doing concrete work, removing graffiti, cleaning sidewalks and much more. Within the first quarter, the Department has conducted emergency removals of 1,666 cubic yards of debris, responded and completed more than 180 storm-related requests for service, processed approximately 300 land development projects, and resolved more than 5,804 customer service requests ranging from potholes repair, tree trimming, illegal dumping, street markings, park repairs, weed abatement, graffiti abatement, and others. While the Department strives to continue to provide exceptional customer service to all customers within the City, the Department is also responsible for the support of all the Department’s operations. Administration. With 126 full-time positions budgeted in FY 2022/23, Public Works is one of the City’s largest departments. There is currently one Deputy Director, the City Engineer; however, the Facilities and Fleet Division and the Operations and Maintenance Division, neither of which fall under the City Engineer, represent 72% of the Department’s overall workforce. This leaves a considerable burden of work on two mid-level managers   Packet Pg. 58   Packet Pg. 301 1 0 3 7 and the Agency Director. To better balance the workload and enable the Department to achieve the City’s goals more effectively, staff recommends the addition of a Deputy Director of Operations. Deputy Director of Operations (U) The Deputy Director of Operations, under the direction of the Agency Director of Public Works, Operations and Maintenance, will provide oversight and leadership to the Facilities and Fleet Division, and Operations and Maintenance Division. This position will work closely with the Division Managers, providing strategic direction, communicating executive team and Council vision and goals, as well as providing administrative and technical support by planning, directing, supervising, and coordinating departmental functions and operational activities. This position is proposed at salary range 629, $10,786.71/month - $13,111.34/month. As a new position, assuming recruitment would begin immediately and a new employee would begin February 1, the cost in FY 2022/23 would be $89,046, and the ongoing cost would be approximately $208,806 inclusive of benefits and taxes. Engineering Division. The Agency Director has identified challenges with internal processes and procedures, service efficiency, and staff turnover. The Department needs a high-level audit of the internal processes, procedures, and controls to assist the Department in becoming efficient in both service delivery and project management, especially as the City takes on more numerous and larger capital projects. The goal is to gain an understanding of the current internal workflow and the functions at each respective level, identify control issues, duplications, and develop workflows for service delivery and project management. The outcome will be a higher level of service delivery, increased efficiency, higher customer service delivery and accountability, and greater productivity. Staff recommends bringing an expert consultant to conduct this audit and the services are estimated to cost approximately $250,000. Miracle on Court Street. Last year for the holidays, the City of San Bernardino held a tree lighting ceremony at Court Street Square. The City wants to continue the tradition during this holiday season to offer community members the opportunity to gather and celebrate the holidays safely. Staff is seeking an allocation of $14,000 for rental, installation, and pre-lighting of the holiday tree for FY 2022/23. Operations and Maintenance Division. The Operations and Maintenance Division with Public Works is responsible for maintaining City streets, sidewalks, curbs and gutters, storm drains, street signs, traffic signals, streetlights, trees, Landscape Maintenance Districts (LMDs), medians and parkways in addition to administration of LMD service contracts and the Franchise Agreement with Burrtec Waste Industries. The Division is also providing services in conjunction with the Housing and Homeless Services Team to effect encampment cleanups, which takes a significant amount of time and staff to accomplish both effectively and with compassion. Staffing shortages do not allow the Department to conduct adequate preventative maintenance or fully address the challenges that arise from storms and other emergencies. Staff recommends the addition of four (4) full-time Maintenance Worker I (Flex), one (1) Lead Maintenance Worker, and one (1) Maintenance   Packet Pg. 59   Packet Pg. 302 1 0 3 7 Supervisor that would be dedicated to encampment cleanup, allowing other staff to focus on regular maintenance and any emergencies that arise. The cost for these personnel additions will be approximately $306,839 for the remainder of the fiscal year, with an ongoing fiscal impact of approximately $538,079 inclusive of benefits and taxes. Summary of Requests One-Time: $264,000 Ongoing, FY 2022/23: $395,885 Ongoing, future years: $746,895 Summary of First Quarter Department Budget Amendment Requests (General Fund) Equipment and Services Item Requested Department Cost (FY 2022/23) Handheld Transceiver Radios CED $ 80,000 Overtime for Code Enforcement CED 20,000 Planning Consulting Services CED 95,000 Property & Leasing Mgmt. Software CED 9,000 Intl. ROW Membership & Credentialing CED 2,620 Economic Development Marketing Firm CED 45,000 Dispatch Console & Field Radios Animal Services 100,000 Staff Training & Conferences City Clerk 1,950 RPPG Grant Contract Extension Finance 46,000 Windows 11 Upgrade City-wide IT 250,000 CrimeView System Upgrade IT 30,000 Military Banner Program Supplies Parks 7,000 Automated Evidence Inventory Database Police 130,000 Contracted Internal Process Auditors Public Works 250,000 Holiday Tree for Lighting Ceremony Public Works 14,000 Total for Equipment & Services $ 1,080,570   Packet Pg. 60   Packet Pg. 303 1 0 3 7 Personnel Position Requested Department Cost Customer Services Representative City Clerk -0- Senior Planner CED 70,998 Assistant Planner CED 54,457 Economic Development Specialist CED 56,704 Library Technician I Library 35,000 Community Service Officers (4)Police 162,159 Accounting Technician I (Flex)Police 32,437 Police Records Technician I (Flex) (3)Police 87,402 Senior Office Assistant Police 29,751 Crime Analyst Police 46,687 Police Dispatcher I (Flex)Police 36,060 Deputy Director of Operations Public Works 89,046 Maintenance Workers (4)Public Works 177,724 Lead Maintenance Worker Public Works 55,509 Maintenance Supervisor Public Works 73,606 Total for Personnel 1,007,540 Total FY 2022/23 Q1 General Fund Requested Amendments $ 2,088,110 Summary of First Quarter Department Budget Amendment Requests (CDBG) Equipment and Services Item Requested Department Cost (FY 2022/23) Property & Leasing Mgmt. Software CED $ 9,000   Packet Pg. 61   Packet Pg. 304 1 0 3 7 Architectural Services CED 50,000 Total for Equipment and Services 59,000 Total FY 2022/23 Q1 CDBG Requested Amendments $ 59,000 Promotion of Talent Retention and Competitive Rates As the City continues its efforts to meet its goal of restoring organizational structure, improving service delivery, and stabilizing financial capacity, staff is recommending the addition of one job classification and five salary range increases to meeting the growing business needs of the City. Staff is proposing an increase of salary ranges in order to remain competitive with the current market landscape and to attract high-level qualified candidates. While these changes have a fiscal impact in the current fiscal year, it can be covered by existing vacancy savings in the departments in which the positions reside. The ongoing fiscal impact to the General Fund of all the adjustments for future fiscal years is approximately $298,000 inclusive of benefits and taxes and assuming no vacancies. Equipment Mechanic I & II These positions continue to be a major challenge for the City to recruit or retain the individuals within these positions. This year alone, there have been four failed recruitment cycles for both positions as the pay rate is not within competitive market range. These positions are key to ensuring that the Fleet Services Division is fully functional and provides the appropriate level of service city-wide. Staff is recommending increasing the Equipment Mechanic I (Flex) salary range from 420, $3,880/month - $4,716/month to 431, $4,099/month - $4,982/month. Staff is recommending increasing the Equipment Mechanic II salary range from 445, $4,396/month - $5,343/month to 450, $4,507/month - $5,478/month. Programming/Traffic Assistant This classification exists within the part-time salary schedule but has proven to be difficult to recruit due to the salary rate not being within competitive market range. If the City wants to continue recruiting talented individuals, or retain the current employees the City currently has, staff is recommending increasing this salary range of 355, $2,608/month - $3,170/month to 400, $3,264/month - $3,967/month. Senior IT Technician The classification and compensation study adopted by the Mayor and City Council on November 3, 2021 retitled the position of Senior IT Technician to IT Technician II. The change in name inadvertently downgraded the classification title appearing as a demotion in rank as did the salary range. Staff is recommending increasing the salary range for this classification from 460, $4,643/month - $5,643.85/month to 488, $5,339/month - $6,490/month. This will assist in retaining the talent we currently have within the Information Technology department.   Packet Pg. 62   Packet Pg. 305 1 0 3 7 IT Analyst (Flex) This classification’s salary range is not within competitive market range and an increase to this salary range will align the position with similar positions in the region and position the City to be more competitive in recruiting and retaining talent. Staff is recommending increasing the salary range from 490, $5,393/month - $6,555/month to 498, $5,612/month - $6,822/month. Community Service Officer This classification salary range is not within competitive market range and turnover is an ongoing challenge. An increase to this salary range will align the salary range for Community Service Officers to similar positions in Police Departments in the region, allowing the City to be more competitive in recruiting and retaining talent. Staff is recommending increasing the salary range from 410, $3,691.98/month - $4,487.20 to 427, $4,018.030/month - $4,889.40/month. Forensics Specialist II This classification salary range is not within competitive market range and an increase to this salary range will align the salary range for Forensic Specialist II to similar positions in Police Departments in the region, allowing the City to be more competitive in recruiting and retaining talent. Staff is recommending increasing the salary range from 460, $4,736.84/month - $5,758.03/month to 478, $4,736.84/month - $5,758.03/month. Lead Forensics Specialist This classification salary range is not within competitive market range and an increase to this salary range will align the salary range for Lead Forensic Specialist to similar positions in Police Departments in the region, allowing the City to be more competitive in recruiting and retaining talent. Staff is recommending increasing the salary range from 503, $5,864.91/month - $7,129.29/month to 516, $6,258.42/month - $7,606.65/month. Forensics Supervisor This classification salary range is not within competitive market range and an increase to this salary range will align the salary range for Forensic Supervisor to similar positions in Police Departments in the region, allowing the City to be more competitive in recruiting and retaining talent. Staff is recommending increasing the salary range from 525, $6,545.48/month - $7,956.07/month to 543, $7,160.46/month - $8,703.30/month. Strategic Initiatives Investment Playbook and Nerve Center. Over the last year, the City has been working with New Localism Associates on an Investment Playbook (Attachment 4) for the City, a tool designed to help the City prioritize transformational investments and match them to local, federal, state, private, and philanthropic funding opportunities. The recent influx of federal and state funds has created an opportunity for cities to make transformational investments that can secure long-term, sustainable, and equitable growth. Much of this funding will be delivered through a number of different programs (e.g., block grants, tax incentives,   Packet Pg. 63   Packet Pg. 306 1 0 3 7 formula grants, competitive grants) from different agencies, all of which have different applications and reporting requirements. The development of the Playbook has been led by City staff, Bruce Katz, and his team at New Localism Associates. Similar playbooks have been developed in Buffalo, New York and Erie, Pennsylvania. Local knowledge and expertise form the backbone of the San Bernardino Investment Playbook. Unlike traditional economic development approaches that rely on outside knowledge and one-size-fits-all replication of investments made elsewhere, investment playbooks begin and end with community input. More than fifty in-depth individual and group interviews with community stakeholders surfaced invaluable information about the concerns and aspirations of San Bernardino residents and provided context and inspiration for the Playbook as a whole. These conversations identified six priority areas—Capacity, Infrastructure, Housing, Innovation, Entrepreneurship, and Community—as well as the individual projects within each category. Specific projects were developed in close collaboration with key community partners, including El Sol Neighborhood Educational Center, Just San Bernardino and its member organizations, and Uplift San Bernardino. The time, wisdom, and creativity that these community partners and other local organizations and individuals have contributed over the past eight months resulted in an Investment Playbook that is authentic to the needs and ambitions of the San Bernardino community. After a final round of feedback staff intends to return to the Mayor and City Council in early 2023 for formal adoption of the Investment Playbook. A key part of Playbook implementation is establishing the Nerve Center. Nerve Center staff will work to secure funding for Investment Playbook projects, work with stakeholders and staff to ensure that all activities are well coordinated and aligned with the City’s identified priorities. As project specifics and costs are identified in the Investment Playbook, the Nerve Center will present the Playbook to potential funders, including state and federal policymakers, philanthropies, and corporations. While the Nerve Center does not replace the entities completing the work, it is a critical component ensuring consistent communication, driving collaboration, and reducing duplicative efforts. Costs associated with the Nerve Center are estimated to be approximately $300,000 for the next three years for additional consulting from the Aspen Institute and New Localism Associates (authors of the Investment Playbook) and an estimated $700,000 to start-up the Nerve Center and for operations. The Nerve Center is intended to be self-sustaining; however, some on- going funding may be necessary. To fund both the one-time costs in the current fiscal year and the ongoing needs, staff recommends committing Measure S funds which will be used for on-going costs only if necessary and will be funding a project that is providing transformative growth that is sustainable, and inclusive. Should Council approve of the appropriation of these funds, the next steps will be the identification of a fiscal agent for the funds dedicated to the Investment Playbook and the   Packet Pg. 64   Packet Pg. 307 1 0 3 7 identification of partners to lead the Nerve Center through the proper contracting procedures. It is important to note that the Playbook is meant to be a living document that will continually be refined based on feedback from the Mayor and City Council, the public, staff and key stakeholders. A website has been developed so that members of the community can view the Playbook in an easy to follow and interactive format: www.sbinvestmentplaybook.com (Attachment 4) Summary of Requests Ongoing, FY 2022/23: $1,000,000 (Measure S) Ongoing, future years: up to $1,000,000 (Measure S) Summary of First Quarter Budget Amendment Requests (Measure S) Services Item Requested Department Cost (FY 2022/23) Investment Playbook/Aspen Institute CED/Citywide $ 300,000 Nerve Center CED/Citywide 700,000 Total Services 1,000,000 Total FY 2022/23 Q1 Measure S Requested Amendments $ 1,000,000 Housing Initiative and Navigation Center. On February 24, 2022, homeless individuals and families in the City of San Bernardino were surveyed for the annual Point in Time Count (Attachment 6), which is a requirement of Housing and Urban Development (HUD). The 2022 Pont in Time Count revealed that the City continues to have the highest concentration of homeless individuals in the County with a reported 1350 homeless men, women, and children of which, 992 were unsheltered. According to the 2022 Point in Time Count Survey (Attachment 6), 40% of the County’s homeless population reside in the City (County’s homeless population 3,333, City’s homeless population 1,350). The rate of homelessness has created significant environmental impacts on communities, parks, libraries, and other public spaces. Managing homelessness has also placed a strain on City resources and manpower. Although there are local organizations within the City that specialize in homeless related   Packet Pg. 65   Packet Pg. 308 1 0 3 7 services, all are either at or near full capacity making it very difficult to transition people off the streets. In 2018, the 9th U.S. Circuit Court of Appeals ruled in the case of Martin vs. City of Boise, that cities could not prohibit homeless people from camping in public places unless they had adequate shelter available. While the word "adequate" is not clearly defined, it does refer to low barrier, emergency shelter with a connection to support services. This ruling hinders any city’s ability to enforce anti-camping ordinances and certain public nuisance laws if adequate shelter is not available. Cities are faced with a choice of engaging in expensive and, most likely, unsuccessful litigation or providing shelter if they wish to address homelessness and its effects. While there is no binding precedent on how many shelter beds must be established to allow for the enforcement of no camping rules, there is available guidance. For example, Judge David Carter who sits in the Southern Division of the Central District of California, through a settlement agreement, allowed certain Orange County cities to resume anti-camping ordinances if they can provide shelter beds for at least 60% of their unsheltered homeless population. Under this metric, the City would needs to provide a total of 595 shelter beds (60% of the 992 point in time count number), before it can resume enforcement of anti-camping ordinances and minimize the risk of a federal lawsuit. The City currently has 170 shelter beds, which means an additional 425 shelter beds are still needed. While the City will continue to invest in affordable housing projects to assist people with various income levels, the City needs to establish a multi-pronged approach to reduce homelessness and assist those who are at risk of becoming homeless. A Homeless Initiative Plan (Attachment 5) has been drafted to provide the City with a framework to best focus efforts and resources. The City is also requesting $20 million in ARPA funding for operational expenses and capital developments in the following areas: Two Project Homekey Round (3) Projects (potential increase of 232 shelter beds) Navigation Center/Emergency Shelter (potential increase of 200 shelter beds) Street Outreach; and Mobile Shower and Laundry Service Expansion Potential Shelter Bed Expansion Total= 432 Project Homekey Round 3 Partnerships Administered by the California Department of Housing and Community Development (HCD), $750 million in grant funding will be made available to cities, counties, housing authorities or federally recognized tribal governments within California to purchase and rehabilitate housing, including, motels, vacant apartment buildings, and other buildings and to convert them into interim or permanent, long-term housing. Homekey Project #1 The City is partnering with Lutheran Social Services of Southern California (LSSSC) on a State of California Homekey Project to develop a 172 bed, non-congregate interim housing   Packet Pg. 66   Packet Pg. 309 1 0 3 7 and 20 permanent supportive housing units for men and men with children. The project will be called the San Bernardino Community Wellness Campus (Attachment 7) and it will be constructed using prefabricated modular units approved by HCD. The need for a campus of this nature is significant as homeless men in the City outnumber homeless women by two to one. The current Central City Lutheran Mission will be transformed into a supportive campus that will provide an onsite medical clinic and comprehensive, onsite social services to address educational, social, physical, and mental health needs that will be available to campus residents and the larger community. The campus will also provide workforce development training and it will house a retail market to sell affordable pre- cooked foods and fresh grocery items. The market will be staffed by paid employees and graduates of the workforce development program. The Community Wellness Campus will assist some of the City’s most vulnerable residents with housing, jobs and health services while generating revenue for the City with its retail market. Shelter expansion in the City is necessary and LSSSC intends to use its own land for development (Attachment 7). LSSSC cannot apply for Homekey funding unless the City is the lead applicant and both partnership and financial support will be required to ensure the project’s success. LSSSC intends to request $30 million in Homekey dollars for development and operational expenses. Homekey Project #2 The City is also partnering with San Bernardino Valley College (SBVC) to develop student housing that will consist of approximately 60 non-congregate living units for students experiencing homelessness. Students selected for housing will include individuals who aged out of the foster care system as well as individuals who suffer from a physical and/or mental disability. Currently, SBVC does not offer any student housing, and this project will create a safe, supportive environment that will be conducive to academic learning and personal success. The City intends to grant land to SBVC (Attachment 8) for this project and provide funding to offset predevelopment expenses. SBVC is in the process of conducting a “Test Fit” to create a layout and site plan. SBVC intends to request $14 million in Homekey dollars for development and operational expenses. The Homekey Notice of Funding Availability (NOFA) is expected to be released in Spring 2023 and awards are typically made to “shovel ready” projects on a first come, first served, rolling basis. Although Homekey funds will cover the bulk of expenses related to project development and approximately three (3) years of operating subsidies, cost associated with pre-development expenses (i.e., site plan, surveys, site work etc.) are needed. Without financial assistance from the City for predevelopment, the projects will not be able to move forward in a timely manner. The City is seeking to provide $5,000,000 in pre- development cost to LSSSC and $900,000 to SBVC. The amount provided to LSSSC is considerably larger than SBVC due to the projects size and scope of work and the fact that the City is granting land to SBVC. Navigation Center   Packet Pg. 67   Packet Pg. 310 1 0 3 7 Operating as a centralized HUB, a Navigation Center is a multi-service complex designed to provide low barrier, interim housing, and core services to homeless individuals in one location. A Navigation center will help to address the root causes of homelessness while connecting people to resources, medical respite, mental health, substance disorder counseling, individualized case management, job training and placement, and expanded access to permanent housing. It will also assist individuals at risk of becoming homeless as local agencies will be onsite to provide rental assistance and utility assistance to eligible households. The Navigation Center will operate using a client-centered approach, meaning each client will receive services based on his or her individual need. The Navigation Center will also have a “day center” type quality, which will allow unhoused persons the ability to rest, recover, and connect to services, thereby reducing foot traffic in the community. Law enforcement will have access the center 24 hours a day, 7 days a week to connect unhoused individuals to shelter and community resources. This all-inclusive model will deliver and innovative and specialized approach to addressing a large percentage of the City’s homeless residents. The City envisions a non-congregate, “campus style” Navigation Center that provides 200 living units that will be developed in phases. The first phase will include interim housing and core services as previously described and accommodate approximately 100 individuals and families. The second phase will include a recuperative care facility and an additional 100 units mixed between interim and transitional housing. The City has identified an ideal site location, which is the former “School of Hope”. The School of Hope sits on 2.48 acres with neighbors absent in the front, rear, and right side of the property. The back end of the property has 1.5 acres of flat, undeveloped land that is ideal for Phase I construction using prefabricated modular units. Each living unit averages between 64-80 square feet and includes a bed, a desk and chair, windows, a door that locks, lighting, heating, air conditioning, and electrical outlets. The campus will have a family wing with larger living units so that families are not separated. Construction Scenario To streamline development and operation, the City is exploring a Sole Source option to secure the most qualified developer and operator. ARPA funds would be used to secure the developer, architect, general contractor, building materials, site plan, site work, environmentals, surveys, and lead operator (for the first year of operation). Other funding sources such as Planned Local Housing Allocation (PLHA), Community Development Block Grant (CDBG) and Homeless Housing Assistance and Prevention (HHAP) funds could also be used to cover the lead operators’ expenses in proceeding years. At this time, it is unclear as to how much of the existing School of Hope building can remain and be incorporated into the Navigation Center. Some unknown factors that could alter the design and cost of the Navigation Center (Phase I) include renovations to the existing building (front of the property) if feasible, or building abatement should the property be   Packet Pg. 68   Packet Pg. 311 1 0 3 7 cited for a tear-down and new construction. A general contractor will help to determine the best option for the City. The following figures are estimates based on projects similar in scope. Prices can fluctuate due to inflation, material shortages, and overall design. Estimated Budge for Navigation Center Phase I – 100 Interim Housing Units, Communal Space, Offices and Onsite Supportive Service Buildings Item Estimated Price Range Developer $400,000-700,000 Lead Operator $1,500,000-1,700,000 (1st yr.) Modular Living Units (100) $5,000,000-5,500,000 (includes installation, permits, site work, transport and set down) Modular Office Spaces, Support Service Bldg., Restrooms, Dining/Kitchen Area $1,220,000-1,300,000 (includes installation, permits, site work, transport and set down) Off-Site Work $300,000-400,000 Site Improvements $700,000-1,000,000 Building Abatement/Structure Tear- Down and Removal $900,000-1,000,000 Contingencies $330,000-350,000 TOTAL $10,350,000-12,450,000 Although the City is seeking ARPA funding to develop Phase I of the project, the City intends to pursue other funding sources to develop Phase II so that the Navigation Center will have a total of 200 interim and transitional housing units. Other potential funding sources include: Permanent Local Housing Allocation (PLHA) Emergency Solutions Grant (ESG) Community Development Block Grant (CDBG), and Project Homekey HOME American Rescue Plan Program (HOME ARP) To ensure sustainability, the City will also continue to seek support and funding from community partners and government agencies to assist with operational expenses such as the County of San Bernardino, SAC Health System, Dignity Health, IEHP, Molina Health Care and San Manuel Band of Mission Indians. Local hospitals and HMOs are interested in supporting the Navigation Center, because of the potential to establish a recuperative care facility to assist homeless individuals discharged from hospitals with chronic and acute health conditions. Currently, there are no recuperative are facilities in the City and homeless individuals are high utilizers of hospitals and medical emergency rooms.   Packet Pg. 69   Packet Pg. 312 1 0 3 7 Homeless Outreach The City lacks a dedicated Homeless Outreach Team to provide comprehensive services. Because the City is over 60 square miles, it is recommended that the City contract with a third party that has the capacity, tools, and experience to assist unhoused residents. Contracted Homeless Outreach Teams have proven to be very successful in other cities like Riverside, Fontana, and Santa Ana. Implementing consistent homeless outreach efforts leads to a more strategic use of resources, broader coverage, and improved identification of all people experiencing unsheltered homelessness. Each Ward in the City of San Bernardino will be a part of a comprehensive outreach plan that includes a citywide emergency crisis team, made up of Homeless Outreach Workers and various agencies that can immediately assist with multiple family/individual crisis as they arise. The City’s Homeless Outreach Team will work with the County’s Coordinated Entry System (CES) to prioritize individuals for emergency shelter, housing options, motel vouchers, mental health, and other essential services. Because emergency shelter is not always readily available, homeless outreach workers can provide motel vouchers when available. A Housing Navigator is also an essential component of Homeless Outreach because the Housing Navigator cultivates housing opportunities for clients by engaging property managers, room and board operators, and other facilities such as nursing homes, sober living homes, faith-based programs, transitional housing, and permanent supportive housing agencies. Anticipated cost for street outreach is $1.5 million annually. The City can explore a combination of other funding sources such as CDBG, HHAP and Emergency Solutions Grant (ESG) funding to help cover future expenses. Expansion of Mobile Shower & Laundry for the Unhoused Mobile showers help to destigmatize homelessness, address public health and safety concerns, and give unhoused individuals a sense of hope and renewed self-esteem. Community Action Partnership (CAP) is the main contributor of mobile shower services in the City and oversees several mobile shower operations. The chart below list organizations that actively participate in Community Action Partnership’s Mobile Shower Program. Organization Days & Hours of Operation Location Operation New Hope Mondays 9am-2pm 323 W 7th St SB Spirit of Love Wednesdays 9am-2pm 2898 N E St SB Sierra High School 2nd & 4th Wednesday 9am-2 pm 555 E Olive St SB El-Bien Pastor Church Fridays (Bi-Weekly) 9am- 2pm 829 N Mt Vernon Ave SB CAP is willing to expand mobile shower services in the City by operating a 28-foot-long mobile shower trailer equipped with three (3) full-service restrooms (shower, sink and   Packet Pg. 70   Packet Pg. 313 1 0 3 7 toilet) and an ADA compliant restroom. The trailer also has an adjacent laundry area that contains two (2) washers and two (2) dryers allowing unhoused residents the ability to wash their clothing. The trailer comes equipped with an onboard water tank that can easily be re-filled by a faucet or garden hose connection. A vacuum truck is needed to empty the trailer, but staff (not volunteers) will be trained on this process. The mobile shower trailer can operate with two (2) part-time staff members each working 4-hour shifts. Shower times will typically be limited to 15 minutes. Depending on the number of showers in a 4-hour period, the unit will use 50-100 gallons of water. This estimate does not include running the laundry utilities, which could add 10-30 additional gallons. CAP estimates that the total cost to operate the mobile shower trailer with two (2) part-time staff members traveling to different areas of need throughout the City, five days a week will average $150,000 annually. The City can explore other funding sources such as CDBG, HHAP and ESG to extend mobile shower services beyond one year if agreed by both parties. If Council approves of this funding, the City will conduct an RFP to ensure it is receiving the best value and overall service in contracting for mobile shower services. Temporary Housing Funds for American Sports University Tenants Providing housing or some form of rental relief for the tenants previously housed in the unlivable conditions in the former American Sports University (ASU) dormitories is an important goal as the City works to board up the property and ensure that no further individuals or families will be living in the conditions found at that property. While the City continues to work with community partners to house the tenants as they are removed from the property, staff recommends that the equivalent of two (2) months of rent be provided to each tenant to enable them to have some ability to find housing beyond the initial two weeks of emergency housing provided. The estimated cost of providing two months of housing to the remaining approximately 75 tenants is $150,000, which is eligible for ARPA funding. Summary of First Quarter Budget Amendment Requests (ARPA) Projects and Services Item Requested Department Cost (FY 2022/23) Proj. Homekey Rnd. 3., Proj. 1: Lutheran S.S.CED $ 5,000,000 Proj. Homekey Rnd. 3., Proj. 2: SBVC CED 900,000 Homeless Outreach – first year operating cost CED 1,500,000   Packet Pg. 71   Packet Pg. 314 1 0 3 7 Mobile Shower & Laundry – first year operating cost CED 150,000 Navigation Center CED 12,450,000 Temporary Housing Funds for ASU Tenants CED 150,000 Total for Projects and Services 20,150,000 Total FY 2022/23 Q1 ARPA Requested Amendments $ 20,150,000 Overall, staff is recommending significant investments in the community to improve quality of life; investments in economic development to further the sustainable and equitable growth of the City; and investments in staffing, process audits, software and other internal improvements that will improve customer service, efficiency, effective service delivery and transparency. There are twenty-three positions recommended to be added with this report: Eleven (11) non-sworn professional positions to the Police Department. As discussed above, these positions will free sworn officers from covering these duties and put more patrol officers on the street. Seven (7) positions will be added to Public Works, the Deputy Director of Operations, and a new maintenance team working with the Housing Division on encampment and other clean-up throughout the City. One (1) Library Technician to aid with ongoing issues in the libraries with staffing shortages. Three (3) positions in Community, Housing and Economic Development to address the development and planning workload. One (1) position in the City Clerk’s Office to expand the Passport Office hours. Staff believes that the investments outlined in this report align with Council goals and will move the City forward sustainably and with staffing that will enable the greatest impact for the smallest amount of ongoing financial commitment. 2021-2025 Strategic Targets and Goals The requested changes and additions align with Key Targets No. 1c: Financial Stability - Create a framework for spending decisions, and 2b: Focused, Aligned Leadership, and Unified Community - Build a culture that attracts, retains, and motivates the highest quality talent. The development and funding of a City of San Bernardino Investment Playbook aligns with Key Target No. 4: Economic Growth & Development. The designation of ARPA funds to address homelessness in the City will help to improve the lives of homeless residents and alleviate the negative impact homelessness has on the community, which aligns with Key Strategic Target and Goals No. 3, Improved Quality   Packet Pg. 72   Packet Pg. 315 1 0 3 7 of Life and Key Strategic Targets and Goals No. 2, Focused Aligned Leadership and Unified Community. Fiscal Impact There are four separate funding sources recommended in this report, General Fund, CDBG, Measure S and ARPA. General Fund: One-Time, equipment and services: $ 1,080,570 Ongoing, personnel: $ 1,007,540 TOTAL, General Fund, FY 2022/23: $2,088,110 Community Development Block Grant (CDBG): One-Time, equipment and services: $ 59,000 TOTAL, CDBG, FY 2022/23: $59,000 Measure S Fund: Ongoing, operations and services: $1,000,000 TOTAL, Measure S, FY 2022/23: $1,000,000 ARPA: One-Time, projects and services: $20,150,000 TOTAL, ARPA, FY 2022/23: $20,150,000   Packet Pg. 73   Packet Pg. 316 1 0 3 7 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the Fiscal Year 2022/23 1st Quarter Report; 2. Authorize the Agency Director of Administrative Services to Amend the Fiscal Year (FY) 2022/23 Budget as outlined in the FY 2022/23 1st Quarter Report; 3. Adopt Resolution No. 2022-268 of the Mayor and City Council of the City of San Bernardino, California, approving the 1st Quarter General Fund Budget Amendments totaling $2,088,110; allocating $1,000,000 of Measure S funds for further development of the Investment Playbook; and allocating $20,150,000 of American Rescue Plan Act Funds for the Housing Initiative and Navigation Center; and Temporary Housing Funds for American Sports University Tenants. 4. Approve the following: a. Deputy Director of Operations (U) job classification; b. Salary range increases to the following positions: Equipment Mechanic I (Flex), Equipment Mechanic II, Programming/Traffic Assistant, IT Analyst I (Flex), Senior IT Technician, Community Service Officer, Forensics Specialists II, Lead Forensics Specialist, and Forensics Supervisor; c. Amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Attachments Attachment 1 Resolution 2022-268 authorizing an amendment to the FY 2022/23 Operating Budget in the amount of $2,163,994; allocating $1,000,000 in Measure S funds; and $20,000,000 from ARPA funds Attachment 2 PowerPoint Presentation – FY 2022-23 Quarter 1 Report Presentation Attachment 3 Exhibit A – City-wide Salary Schedule Attachment 4 Investment Playbook Attachment 5 Homeless Initiative Plan Attachment 6 2022 Point in Time Count Survey Attachment 7 LSSSC Full Project Proposal Attachment 8 SBVC Homekey Location Ward:   Packet Pg. 74   Packet Pg. 317 1 0 3 7 All Synopsis of Previous Council Actions: June 1, 2022 Mayor and City Council Adopted the Annual Operating Budgets for Fiscal Year 2022/23 and Fiscal Year 2023/24 and the CIP 2023-27. August 18, 2021 Mayor and City Council received and filed a report of the City’s participation in the Aspen Institute’s City Learning and Action Lab. November 16, 2022 Mayor and City Council received an update on the City’s participation in the Aspen Institute’s City Learning and Action Lab and the development of the City of San Bernardino Investment Playbook. August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds. October 20, 2021 Mayor and City Council authorized the use of $8,160,000 in ARPA funds for the Violence Intervention Program, Graffiti Abatement, Clean-Up and Paintbrush Program, and lead service connector abatement program (in partnership with the Water Department). February 2, 2022 Mayor and City Council authorized the use of $24,050,000 in ARPA funds for Seccombe Lake, Nicholson, and Lytle Creek Park renovations, the Roosevelt Bowl renovation and the small business and non-profit grant program   Packet Pg. 75   Packet Pg. 318 Resolution No. 2022-268 Resolution No. 2022-268 December 7, 2022 Page 1 of 5 1 7 8 8 RESOLUTION NO. 2022-268 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2022/23 GENERAL FUND OPERATING BUDGET IN THE AMOUNT OF $2,088,110; ALLOCATE $1,000,000 FROM THE MEASURE S FUND FOR FURTHERANCE OF THE INVESTMENT PLAYBOOK GOALS; ALLOCATE $20,150,000 FROM AMERICAN RESCUE PLAN ACT FUNDS FOR THE HOUSING INITIATIVE; NAVIGATION CENTER; AND HOUSING ASSISTANCE FOR AMERICAN SPORT UNIVERSITY TENANTS; AND APPROVING THE FOLLOWING: 1. CLASSIFICATION OF DEPUTY DIRECTOR OF OPERATIONS (U); 2. INCREASE THE SALARY RANGES FOR EQUIPMENT MECHANIC I (FLEX) AND II, PROGRAMMING/TRAFFIC ASSISTANT, IT ANALYST I (FLEX), SENIOR IT TECHNICIAN, COMMUNITY SERVICE OFFICER, FORENSICS SPECIALIST II, LEAD FORENSICS SPECIALIST, AND FORENSICS SUPERVISOR; AND 3. AMEND THE CITY- WIDE SALARY SCHEDULE FOR FULL-TIME, PART- TIME, TEMPORARY, AND SEASONAL POSITIONS. WHEREAS, the City of San Bernardino is in a period of growth and development; and WHEREAS, departments continue to focus on improving external and internal customer services; and WHEREAS, to keep momentum of growth and opportunity within the city, departments require additional funding. WHEREAS, there is a need for an additional level of leadership working in a Deputy Director of Operation (U) capacity dedicated to oversight of the Facilities, Fleet Division and Operations Divisions within the Public Works, Operations and Maintenance Department; and WHEREAS, the salary ranges for Equipment Mechanic I (Flex) and II, Programming/Traffic Assistant, IT Analyst I (Flex), Senior IT Technician, Community Service Officer, Forensics Specialist II, Lead Forensics Specialist and Forensics Supervisor will increase to make the positions more competitive in the labor market; and WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and   Packet Pg. 76   Packet Pg. 319 Resolution No. 2022-268 Resolution No. 2022-268 December 7, 2022 Page 2 of 5 1 7 8 8 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; and WHEREAS, the Investment Playbook is providing the City a map to long-term sustainable, equitable growth; and WHEREAS, funding the Investment Playbook Nerve Center will enable the City to connect investors and funders and ensure alignment with overarching goals; and WHEREAS, the Nerve Center should become self-sustaining over time making the use of Measure S funds; and WHEREAS, the investment of ARPA funds for initiatives related to housing and the homeless is an eligible use of the funds; and WHEREAS, creating a navigation center and other services does more than just temporarily house those in crisis; and WHEREAS, there is adequate funding available in the City’s ARPA allocation; therefore BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget in the amount of $2,088,110 as detailed in the Fiscal Year 2022/23 First Quarter Report. SECTION 3. The classification of Deputy Director of Operations (U), Range 629, $10,786.71 - $13,111.34/month, is hereby established and approved. SECTION 4.The salary range for Equipment Mechanic I (Flex), Range 431, $4,098.74 - $4,982.19/month, is hereby amended. SECTION 5.The salary range for Equipment Mechanic II, Range 450, $4,506.57 - $5,478.25/month, is hereby amended. SECTION 6.The salary range for Programming/Traffic Assistant, Range 400, $3,264 - $3,967/month, is hereby amended. SECTION 7.The salary range for Information Technology Analyst I (Flex), Range 498, $5,612.21 - $6,821.99/month, is hereby amended.   Packet Pg. 77   Packet Pg. 320 Resolution No. 2022-268 Resolution No. 2022-268 December 7, 2022 Page 3 of 5 1 7 8 8 SECTION 8.The salary range for Senior Information Technology Technician, Range 488, $5,339.04 - $6,489.75/month, is hereby amended. SECTION 9.The salary range for Community Service Officer, Range 427, $4,018.30 - $4,889.40/month, is hereby amended. SECTION 10. The salary range for Forensics Specialist II, Range 478, $4,736.84 - $5.758.03/month, is hereby amended. SECTION 11. The salary range for Lead Forensics Specialist, Range 516, $6,258.43 - $7,606.65/month, is hereby amended. SECTION 12. The salary range for Forensics Supervisor, Range 543, $7,160.46 - $8,703.30/month, is hereby amended. SECTION 13.The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 14. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 15. 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 16. 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   Packet Pg. 78   Packet Pg. 321 Resolution No. 2022-268 Resolution No. 2022-268 December 7, 2022 Page 4 of 5 1 7 8 8 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 79   Packet Pg. 322 Resolution No. 2022-268 Resolution No. 2022-268 December 7, 2022 Page 5 of 5 1 7 8 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. 2022-268, 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. 80   Packet Pg. 323 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT30011 ACCOUNTANT I (FLEX)465 $4,856.29 MONTHLY $5,903.30 MONTHLYGENERAL30012 ACCOUNTANT II485 $5,366.34 MONTHLY $6,523.11 MONTHLYGENERAL10012 ACCOUNTANT II ‐ PAYROLL485 $5,259.93 MONTHLY $6,393.77 MONTHLYCONFIDENTIAL20013 ACCOUNTANT III520 $6,384.21 MONTHLY $7,760.40 MONTHLYMIDDLE MANAGEMENT10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,714.05 MONTHLY $11,807.69 MONTHLYMANAGEMENT30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,495.06 MONTHLY $4,247.23MONTHLYGENERAL30018 ACCOUNTING TECHNICIAN II419 $3,860.93 MONTHLY $4,692.73 MONTHLYGENERAL30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLYGENERAL30709 ADMINISTRATIVE ASSISTANT400 $3,512.28 MONTHLY $4,268.76 MONTHLYGENERAL10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLYCONFIDENTIAL10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,618.78 MONTHLY $4,398.22 MONTHLYCONFIDENTIAL10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $3,998.48 MONTHLY $4,859.14 MONTHLYCONFIDENTIAL10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLYCONFIDENTIAL20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLYMIDDLE MANAGEMENT10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,749.21 MONTHLY $8,203.68 MONTHLYMANAGEMENT09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692$14,769.37 MONTHLY $17,951.49 MONTHLYEXECUTIVE09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692$14,769.37 MONTHLY $17,951.49 MONTHLYEXECUTIVE09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692$14,769.37 MONTHLY $17,951.49 MONTHLYEXECUTIVE30140 ANIMAL CONTROL OFFICER I (FLEX) 411 $3,710.28 MONTHLY $4,509.79MONTHLYGENERAL30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLYGENERAL30092 ANIMAL LICENSE INSPECTOR370$3,023.75 MONTHLY $3,675.84 MONTHLYGENERAL20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLYMIDDLE MANAGEMENT30130ANIMAL SERVICES REPRESENTATIVE 370$3,023.75 MONTHLY $3,675.84 MONTHLYGENERAL20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLYMIDDLE MANAGEMENT30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLYGENERAL00300APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLYNA20620 AQUATICS SUPERVISOR468 $4,925.24 MONTHLY $5,987.48 MONTHLYMIDDLE MANAGEMENT30400 ARBORIST452 $4,551.76 MONTHLY $5,533.13 MONTHLYGENERAL30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLYGENERAL10492 ASSISTANT BUILDING OFFICIAL 583 $8,574.95 MONTHLY $10,422.83 MONTHLYMANAGEMENT30271 ASSISTANT BUYER430 $4,079.37 MONTHLY $4,957.44 MONTHLYGENERAL50141 ASSISTANT CHIEF OF POLICEP6 $21,242.00 MONTHLY $21,242.00 MONTHLYPOLICE MANAGEMENT10644 ASSISTANT CITY MANAGER (U)705$15,758.71 MONTHLY $19,152.82 MONTHLYEXECUTIVE00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385$3,029.00 MONTHLY $3,681.00 MONTHLYNA30168 ASSISTANT PLANNER (FLEX)486$5,393.24 MONTHLY $6,555.40 MONTHLYGENERAL10216 ASSISTANT TO THE CITY MANAGER (U)580$8,448.38 MONTHLY $10,268.84 MONTHLYMANAGEMENT10104 ASSISTANT TO THE MAYOR I (U)430$3,998.48 MONTHLY $4,859.14 MONTHLYMANAGEMENT10105 ASSISTANT TO THE MAYOR II (U)480$5,130.20 MONTHLY $6,235.56 MONTHLYMANAGEMENT10106 ASSISTANT TO THE MAYOR III (U)530$6,583.62 MONTHLY $8,002.23MONTHLYMANAGEMENT10107 ASSISTANT TO THE MAYOR IV (U)580$8,448.38 MONTHLY $10,268.84MONTHLYMANAGEMENT20169 ASSOCIATE PLANNER515$6,227.24 MONTHLY $7,569.02 MONTHLYMIDDLE MANAGEMENT00194 BACKGROUND INVESTIGATOR (PT)493$5,190.00 MONTHLY $6,308.00 MONTHLYNA10060 BUDGET DIVISION MANAGER (U)608$9,714.05 MONTHLY $11,807.69 MONTHLYMANAGEMENT10062 BUDGET OFFICER581$8,490.57 MONTHLY $10,319.47 MONTHLYMANAGEMENT20250 BUILDING INSPECTION SUPERVISOR542$7,124.98 MONTHLY $8,660.29MONTHLYMIDDLE MANAGEMENT30072 BUILDING INSPECTOR I (FLEX)460$4,736.84 MONTHLY $5,758.03 MONTHLYGENERALCity of San BernardinoSalary ScheduleSALARY SCHEDULE FOR FISCAL YEAR 2022/20231  of 8EXHIBIT A&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;324 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT30073 BUILDING INSPECTOR II487 $5,420.15 MONTHLY $6,587.68 MONTHLYGENERAL30074 BUILDING INSPECTOR III511 $6,108.83 MONTHLY $7,425.93 MONTHLYGENERAL10500 BUILDING OFFICIAL (U)613 $9,959.81 MONTHLY $12,105.12 MONTHLYMANAGEMENT30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98MONTHLYGENERAL20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLYMIDDLE MANAGEMENT30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLYGENERAL30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY$4,932.69 MONTHLYGENERAL20271 BUYER460 $4,732.79 MONTHLY $5,753.10 MONTHLYMIDDLE MANAGEMENT30292 CEMETERY CARETAKER395 $3,425.12 MONTHLY $4,163.30 MONTHLYGENERAL10398 CHIEF DEPUTY CITY CLERK (U) 565 $7,838.75 MONTHLY $9,528.42 MONTHLYMANAGEMENT50280 CHIEF OF POLICENA $22,195.99 MONTHLY $27,083.33 MONTHLYEXECUTIVE10399 CITY CLERK (U)NA $10,590.00 MONTHLY $12,873.00 MONTHLYNA00601 CITY COUNCILNA $3,125.00 MONTHLY $3,125.00 MONTHLYNA10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLYMANAGEMENT10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,313.14 MONTHLY$12,535.45 MONTHLYMANAGEMENT10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,760.70 MONTHLY $9,433.50 MONTHLYMANAGEMENT30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,308.57 MONTHLY $5,237.22 MONTHLYGENERAL30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLYGENERAL10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLYCONFIDENTIAL30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT420$3,880.30 MONTHLY $4,716.40 MONTHLYGENERAL30890 COMMUNITY DEVELOPMENT TECHNICIAN446$4,417.25 MONTHLY $5,369.57 MONTHLYGENERAL30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR438$4,245.08 MONTHLY $5,159.74 MONTHLYGENERAL10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600$9,334.35 MONTHLY $11,345.72 MONTHLYMANAGEMENT30754 COMMUNITY POLICING SPECIALIST470$4,978.96 MONTHLY $6,052.87 MONTHLYGENERAL20923 COMMUNITY RECREATION MANAGER556$7,639.98 MONTHLY $9,286.03 MONTHLYMIDDLE MANAGEMENT30821 COMMUNITY RECREATION PROGRAM COORDINATOR388$3,307.83 MONTHLY $4,021.26 MONTHLYGENERAL20925 COMMUNITY RECREATION PROGRAM SUPERVISOR488$5,442.38 MONTHLY$6,615.37 MONTHLYMIDDLE MANAGEMENT20504 COMMUNITY SERVICES CENTER SUPERVISOR458$4,686.56 MONTHLY $5,696.12 MONTHLYMIDDLE MANAGEMENT30758 COMMUNITY SERVICES OFFICER427$4,018.03 MONTHLY $4,884.27 MONTHLYGENERAL20781 COMMUNITY SERVICES OFFICER SUPERVISOR480$5,229.50 MONTHLY $6,356.26 MONTHLYMIDDLE MANAGEMENT30990 COMMUNITY SERVICES PROGRAM COORDINATOR438$4,245.08 MONTHLY $5,159.74 MONTHLYGENERAL20424 CONSTRUCTION MANAGER585$8,829.09 MONTHLY $10,731.02 MONTHLYMIDDLE MANAGEMENT10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506$5,841.09 MONTHLY $7,099.38 MONTHLYCONFIDENTIAL30604 CRIME ANALYSIS SUPPORT ASSISTANT400$3,512.28 MONTHLY $4,268.76 MONTHLYGENERAL30603 CRIME ANALYST493$5,584.78 MONTHLY $6,787.83 MONTHLYGENERAL00605 CRIME DATA TECHNICIAN (PT)362$2,700.00 MONTHLY $3,282.00 MONTHLYNA20600 CRIME FREE PROGRAM COORDINATOR490$5,497.22 MONTHLY $6,682.02MONTHLYMIDDLE MANAGEMENT30602 CRIMINAL INVESTIGATION OFFICER493$5,584.78 MONTHLY $6,787.83MONTHLYGENERAL00054CUSTODIAL AIDE (PT)361$2,687.00 MONTHLY $3,266.00 MONTHLYNA20616 CUSTODIAL SUPERVISOR477$5,152.09 MONTHLY $6,261.64 MONTHLYMIDDLE MANAGEMENT30621 CUSTODIAN368$2,993.62 MONTHLY $3,639.26 MONTHLYGENERAL30222 CUSTOMER SERVICE REPRESENTATIVE386$3,275.55 MONTHLY $3,981.45MONTHLYGENERAL30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396$3,442.34 MONTHLY $4,184.82 MONTHLYGENERAL30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396$3,442.34 MONTHLY $4,184.82 MONTHLYGENERAL30224 CUSTOMER SERVICE REPRESENTATIVE (U)386$3,275.55 MONTHLY $3,981.45 MONTHLYGENERAL30100 DATA ANALYST444$4,374.21 MONTHLY $5,316.84 MONTHLYGENERAL10650 DEPUTY CITY CLERK I (U)490$5,392.83 MONTHLY $6,555.14 MONTHLYCONFIDENTIAL10654 DEPUTY CITY CLERK II (U)530$6,583.62 MONTHLY $8,002.23 MONTHLYMANAGEMENT10372 DEPUTY CITY MANAGER (U)681$13,980.43 MONTHLY $16,993.79 MONTHLYMANAGEMENT10066 DEPUTY DIRECTOR OF FINANCE (U)629$10,786.71 MONTHLY $13,111.34 MONTHLYMANAGEMENTSALARY SCHEDULE FOR FISCAL YEAR 2022/20232  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;325 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLYMANAGEMENT10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $10,786.71 MONTHLY$13,111.34 MONTHLYMANAGEMENT10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $10,786.71MONTHLY $13,111.34 MONTHLYMANAGEMENT10830 DEPUTY DIRECTOR OF OPERATIONS (U) 629 $10,786.71 MONTHLY $13,111.34 MONTHLYMANAGEMENT10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $9,910.23 MONTHLY $12,045.01 MONTHLYMANAGEMENT10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $13,772.65 MONTHLY $16,740.66 MONTHLYMANAGEMENT10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLYMANAGEMENT10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,239.54 MONTHLY $10,015.71 MONTHLYMANAGEMENT40466 DETECTIVE/CORPORALP2 $8,516.94 MONTHLY $11,169.58 MONTHLYPOLICE SAFETY10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $10,840.50 MONTHLY $12,830.31 MONTHLYEXECUTIVE10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $14,769.37 MONTHLY $17,951.49 MONTHLYEXECUTIVE10711 DIRECTOR OF FINANCE (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLYEXECUTIVE10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,590.30 MONTHLY $15,303.06 MONTHLYEXECUTIVE10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,590.30 MONTHLY$15,303.06 MONTHLYEXECUTIVE10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $12,716.87 MONTHLY $15,457.05 MONTHLYEXECUTIVE10753 DIRECTOR OF PUBLIC WORKS (U) 692 $14,769.37 MONTHLY $17,951.49MONTHLYEXECUTIVE20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLYMIDDLE MANAGEMENT10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLYMANAGEMENT10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,334.35 MONTHLY $11,345.72 MONTHLYMANAGEMENT10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLYMANAGEMENT10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49MONTHLYCONFIDENTIAL30831 ELECTRICIAN I (FLEX)445 $4,395.73 MONTHLY $5,342.67 MONTHLYGENERAL30841 ELECTRICIAN II465 $4,856.29 MONTHLY $5,903.30 MONTHLYGENERAL10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLYMANAGEMENT30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,506.57 MONTHLY $5,478.25MONTHLYGENERAL30434 ENGINEERING ASSISTANT II475 $5,104.86 MONTHLY $6,205.67 MONTHLYGENERAL30436 ENGINEERING ASSISTANT III511 $6,108.83 MONTHLY $7,425.93 MONTHLYGENERAL20441 ENGINEERING ASSOCIATE532 $6,777.71 MONTHLY $8,238.83 MONTHLYMIDDLE MANAGEMENT10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLYMANAGEMENT30445 ENGINEERING TECHNICIAN446 $4,417.25 MONTHLY $5,369.57 MONTHLYGENERAL10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLYMANAGEMENT30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLYGENERAL20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLYMIDDLE MANAGEMENT20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLYMIDDLE MANAGEMENT20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLYMIDDLE MANAGEMENT30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,098.74 MONTHLY $4,982.19 MONTHLYGENERAL30902 EQUIPMENT MECHANIC II450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLYGENERAL30707 EXECUTIVE ASSISTANT430 $4,079.37 MONTHLY $4,957.44 MONTHLYGENERAL10707 EXECUTIVE ASSISTANT (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLYCONFIDENTIAL10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,736.79 MONTHLY $5,757.77 MONTHLYCONFIDENTIAL10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLYCONFIDENTIAL10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,725.07 MONTHLY $6,959.10 MONTHLYCONFIDENTIAL10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLYMANAGEMENT00083EXTRA RELIEF HEAVY LABORER (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLYNA10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLYMANAGEMENT30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40MONTHLYGENERAL20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLYMIDDLE MANAGEMENT10512 FINANCIAL ANALYST532 $6,649.01 MONTHLY $8,082.39 MONTHLYMANAGEMENT30506 FLEET PARTS STOREKEEPER398 $3,476.77 MONTHLY $4,226.79 MONTHLYGENERALSALARY SCHEDULE FOR FISCAL YEAR 2022/20233  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;326 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT30944 FLEET PARTS TECHNICIAN438 $4,245.08 MONTHLY $5,159.74 MONTHLYGENERAL00259FOOD SERVICE PROGRAM SPECIALIST (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLYNA20060 FOOD SERVICE SUPERVISOR478 $5,177.90 MONTHLY $6,293.90 MONTHLYMIDDLE MANAGEMENT30165 FORENSICS SPECIALIST I (FLEX) 448 $4,462.45 MONTHLY $5,423.37 MONTHLYGENERAL30166 FORENSICS SPECIALIST II478 $5,182.34 MONTHLY $6,299.29 MONTHLYGENERAL20160 FORENSICS SUPERVISOR543 $7,160.46 MONTHLY $8,703.30 MONTHLYMIDDLE MANAGEMENT20490 FORESTRY SUPERVISOR542 $7,124.98 MONTHLY $8,660.29 MONTHLYMIDDLE MANAGEMENT10624 GIS ADMINISTRATOR580 $8,448.38 MONTHLY $10,268.84 MONTHLYCONFIDENTIAL10623 GIS ANALYST483 $5,207.20 MONTHLY $6,329.43 MONTHLYCONFIDENTIAL10730 GRANT DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLYMANAGEMENT10778 GRANT WRITER506 $5,841.09 MONTHLY $7,099.38 MONTHLYCONFIDENTIAL30133 GRANTS ANALYST476 $5,130.68 MONTHLY $6,236.88 MONTHLYGENERAL30136 GRANTS ASSISTANT390 $3,341.19 MONTHLY $4,061.07 MONTHLYGENERAL20100 GRANTS MANAGER (U)506 $5,954.15 MONTHLY $7,236.80 MONTHLYMIDDLE MANAGEMENT30098 GROUNDWORKER ARBORIST392 $3,374.54 MONTHLY $4,101.97 MONTHLYGENERAL30516 HAZMAT TECHNICIAN452 $4,551.76 MONTHLY $5,533.13 MONTHLYGENERAL10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLYMANAGEMENT10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLYMANAGEMENT10129 HOUSING DIVISION MANAGER (U) 601 $9,380.76 MONTHLY $11,402.68 MONTHLYMANAGEMENT10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLYCONFIDENTIAL10683 HUMAN RESOURCES ANALYST I 500 $5,668.11 MONTHLY $6,889.49 MONTHLYCONFIDENTIAL10684 HUMAN RESOURCES ANALYST II 518 $6,200.75 MONTHLY $7,537.09 MONTHLYCONFIDENTIAL10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,028.95 MONTHLY $6,113.21MONTHLYCONFIDENTIAL10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $8,879.76 MONTHLY $10,794.10 MONTHLYMANAGEMENT10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLYCONFIDENTIAL30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLYGENERAL30101 HVAC MECHANIC460 $4,736.84 MONTHLY $5,758.03 MONTHLYGENERAL10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 498 $5,612.21 MONTHLY$6,821.99 MONTHLYCONFIDENTIAL10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLYCONFIDENTIAL10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76MONTHLYMANAGEMENT10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLYCONFIDENTIAL10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $3,998.48 MONTHLY $4,859.14 MONTHLYCONFIDENTIAL30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,439.85 MONTHLY $5,396.47 MONTHLYGENERAL30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLYGENERAL00308 LAW ENFORCEMENT TRAINEE  NA $32.96 HOURLY $32.96 HOURLYNA30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLYGENERAL30080 LEAD BUILDING INSPECTOR526 $6,583.37 MONTHLY $8,002.71 MONTHLYGENERAL30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLYGENERAL30311 LEAD CUSTODIAN397 $3,459.55 MONTHLY $4,205.27 MONTHLYGENERAL30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLYGENERAL20170 LEAD FORENSICS SPECIALIST516 $6,258.42 MONTHLY $7,606.65 MONTHLYMIDDLE MANAGEMENT30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLYGENERAL30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78MONTHLY $6,083.00 MONTHLYGENERAL10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,583.74 MONTHLY $6,787.18 MONTHLYCONFIDENTIAL30335 LIBRARIAN I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL30366 LIBRARIAN II479 $5,208.16 MONTHLY $6,330.50 MONTHLYGENERAL30341 LIBRARY ASSISTANT370 $3,023.75 MONTHLY $3,675.84 MONTHLYGENERAL20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10MONTHLYMIDDLE MANAGEMENT10401 LIBRARY DIRECTOR (U)635 $11,114.73 MONTHLY $13,508.97 MONTHLYMANAGEMENT20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLYMIDDLE MANAGEMENTSALARY SCHEDULE FOR FISCAL YEAR 2022/20234  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;327 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLYGENERAL00361LIBRARY PAGE (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLYNA20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLYMIDDLE MANAGEMENT30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,178.70 MONTHLY $3,864.15 MONTHLYGENERAL30392 LIBRARY TECHNICIAN II402 $3,546.71 MONTHLY $4,311.80 MONTHLYGENERAL00133LIFEGUARD (PT)370 $2,810.00 MONTHLY $3,416.00 MONTHLYNA30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLYGENERAL20484 MAINTENANCE SUPERVISOR522 $6,448.72 MONTHLY $7,837.81 MONTHLYMIDDLE MANAGEMENT30486 MAINTENANCE WORKER I (FLEX) 393 $3,391.76 MONTHLY $4,122.41 MONTHLYGENERAL30487 MAINTENANCE WORKER II415 $3,784.53 MONTHLY $4,600.18 MONTHLYGENERAL30488 MAINTENANCE WORKER III425 $3,978.22 MONTHLY $4,835.84 MONTHLYGENERAL10530 MANAGEMENT ANALYST I (FLEX) 476 $5,028.95 MONTHLY $6,113.21 MONTHLYMANAGEMENT10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,028.95 MONTHLY $6,113.21MONTHLYMANAGEMENT10532 MANAGEMENT ANALYST II506 $5,841.09 MONTHLY $7,099.38 MONTHLYMANAGEMENT10533 MANAGEMENT ANALYST II (U)506 $5,841.09 MONTHLY $7,099.38 MONTHLYMANAGEMENT10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLYCONFIDENTIAL30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY$5,787.09 MONTHLYGENERAL00502MAYORNA $4,166.67 MONTHLY $4,166.67 MONTHLYNA10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,448.38 MONTHLY $10,268.84 MONTHLYMANAGEMENT10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,683.70 MONTHLY $9,339.63 MONTHLYMANAGEMENT10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLYCONFIDENTIAL30425 NPDES INSPECTOR I (FLEX)461 $4,760.52 MONTHLY $5,787.09 MONTHLYGENERAL30426 NPDES INSPECTOR II485 $5,366.34 MONTHLY $6,523.11 MONTHLYGENERAL20555 NPDES MANAGER525 $6,545.48 MONTHLY $7,956.07 MONTHLYMIDDLE MANAGEMENT10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $8,924.06 MONTHLY $10,847.89 MONTHLYMANAGEMENT30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLYGENERAL20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLYMIDDLE MANAGEMENT30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,341.19 MONTHLY $4,061.07 MONTHLYGENERAL30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLYGENERAL10064 PAYROLL SUPERVISOR521 $6,294.62 MONTHLY $7,651.00 MONTHLYMANAGEMENT10068 PAYROLL TECHNICIAN430 $3,998.48 MONTHLY $4,859.14 MONTHLYCONFIDENTIAL20400 PERMIT SERVICES SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLYMIDDLE MANAGEMENT30691 PLANNING AIDE456 $4,643.23 MONTHLY $5,643.97 MONTHLYGENERAL10713 PLANNING DIVISION MANAGER (U) 594 $9,059.07 MONTHLY $11,011.37MONTHLYMANAGEMENT30680 PLANS EXAMINER I (FLEX)499 $5,754.80 MONTHLY $6,994.43 MONTHLYGENERAL30682 PLANS EXAMINER II534 $6,851.31 MONTHLY $8,328.75 MONTHLYGENERAL30481 PLUMBER450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL00192 POLICE CADET (PT)NA $15.50 HOURLY $17.00 HOURLYNA00520 POLICE CALL TAKER (PT)396 $19.85 HOURLY $24.14 HOURLYNA50283 POLICE CAPTAINP5 $17,351.00 MONTHLY $17,351.00 MONTHLYPOLICE MANAGEMENT20775 POLICE DISPATCH MANAGER528 $6,644.39 MONTHLY $8,076.49 MONTHLYMIDDLE MANAGEMENT20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLYMIDDLE MANAGEMENT32767 POLICE DISPATCHER I (FLEX)425 $4,025.63 MONTHLY $4,893.48 MONTHLYPOLICE DISPATCHER32768 POLICE DISPATCHER II456 $4,698.57 MONTHLY $5,711.24 MONTHLYPOLICE DISPATCHER30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLYGENERAL50402 POLICE LIEUTENANTP4 $14,743.00 MONTHLY $14,743.00 MONTHLYPOLICE MANAGEMENT40751 POLICE OFFICERP1 $7,334.59 MONTHLY $9,795.27 MONTHLYPOLICE SAFETY30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLYGENERAL20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLYMIDDLE MANAGEMENT30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,008.68 MONTHLY $3,657.55 MONTHLYGENERALSALARY SCHEDULE FOR FISCAL YEAR 2022/20235  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;328 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLYGENERAL40332 POLICE SERGEANTP3 $9,638.12 MONTHLY $12,621.94 MONTHLYPOLICE SAFETY30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLYGENERAL00331POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLYNA00333POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLYNA20019 PRINCIPAL ACCOUNTANT550 $7,414.20 MONTHLY $9,012.94 MONTHLYMIDDLE MANAGEMENT10182 PRINCIPAL CIVIL ENGINEER600 $9,334.35 MONTHLY $11,345.72 MONTHLYMANAGEMENT10243 PRINCIPAL PLANNER580 $8,448.38 MONTHLY $10,268.84 MONTHLYMANAGEMENT20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40MONTHLYMIDDLE MANAGEMENT00360PROGRAMMING/TRAFFIC ASSISTANT400 $3,264.00 MONTHLY $3,967.00 MONTHLYNA10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,273.41 MONTHLY $8,841.79 MONTHLYMANAGEMENT10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLYMANAGEMENT20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLYMIDDLE MANAGEMENT30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,710.28 MONTHLY $4,509.79 MONTHLYGENERAL30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLYGENERAL10212 PUBLIC INFORMATION OFFICER (U) 593 $9,013.71 MONTHLY $10,956.52MONTHLYMANAGEMENT30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,130.68 MONTHLY $6,236.88MONTHLYGENERAL30583 PUBLIC WORKS INSPECTOR II499 $5,754.80 MONTHLY $6,994.43 MONTHLYGENERAL30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLYGENERAL10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLYMANAGEMENT10863 PURCHASING DIVISION MANAGER (U) 598 $9,241.54 MONTHLY $11,232.86 MONTHLYMANAGEMENT30770 RANGEMASTER465 $4,856.29 MONTHLY $5,903.30 MONTHLYGENERAL10440 REAL PROPERTY MANAGER580 $8,448.38 MONTHLY $10,268.84 MONTHLYMANAGEMENT10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,642.92 MONTHLY $5,643.85 MONTHLYCONFIDENTIAL00222RECREATION AIDE (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLYNA00244RECREATION LEADER (PT)368 $2,782.00 MONTHLY $3,382.00 MONTHLYNA00230RECREATION SPECIALIST (PT)393 $3,152.00 MONTHLY $3,831.00 MONTHLYNA00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 MONTHLY $5,942.00 MONTHLYNA30825 RECREATION THERAPIST468 $4,929.46 MONTHLY $5,992.61 MONTHLYGENERAL30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL10690 RISK DIVISION MANAGER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLYMANAGEMENT10538 SAFETY OFFICER530 $6,583.62 MONTHLY $8,002.23 MONTHLYCONFIDENTIAL00266 SECURITY OFFICER I (PT)371 $2,824.00 MONTHLY $3,433.00 MONTHLYNA00265 SECURITY OFFICER II (PT)395 $3,183.00 MONTHLY $3,869.00 MONTHLYNA30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40MONTHLYGENERAL30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLYGENERAL30410 SENIOR ARBORIST502 $5,840.89 MONTHLY $7,099.89 MONTHLYGENERAL10154 SENIOR CIVIL ENGINEER581 $8,490.57 MONTHLY $10,319.47 MONTHLYMANAGEMENT30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLYGENERAL30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,395.73 MONTHLY $5,342.67 MONTHLYGENERAL30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,395.73 MONTHLY $5,342.67 MONTHLYGENERAL10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,098.68 MONTHLY $4,982.54 MONTHLYCONFIDENTIAL10632 SENIOR GIS ANALYST530 $6,583.62 MONTHLY $8,002.23 MONTHLYCONFIDENTIAL10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLYCONFIDENTIAL10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLYCONFIDENTIAL10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLYCONFIDENTIAL10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,339.04 MONTHLY $6,489.75 MONTHLYCONFIDENTIAL00283SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLYNA10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLYMANAGEMENT10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,494.90 MONTHLY $9,109.69 MONTHLYMANAGEMENTSALARY SCHEDULE FOR FISCAL YEAR 2022/20236  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;329 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNIT10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLYCONFIDENTIAL30710 SENIOR OFFICE ASSISTANT375 $3,100.15 MONTHLY $3,768.38 MONTHLYGENERAL10223 SENIOR OFFICE ASSISTANT (U) 375 $3,038.67 MONTHLY $3,693.66 MONTHLYCONFIDENTIAL20243 SENIOR PLANNER549 $7,377.64 MONTHLY $8,967.78 MONTHLYMIDDLE MANAGEMENT00294SENIOR RECREATION LEADER (PT)375 $2,881.00 MONTHLY $3,502.00 MONTHLYNA10300 SHELTER VETERINARIAN644$11,624.17 MONTHLY $14,130.20 MONTHLYMANAGEMENT30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL20995 STATION MANAGER490 $5,497.22 MONTHLY $6,682.02 MONTHLYMIDDLE MANAGEMENT00019STUDENT INTERN (PT)361 $2,687.00 MONTHLY $3,266.00 MONTHLYNA20336 TECHNOLOGY LIBRARIAN502 $5,835.89 MONTHLY $7,093.81 MONTHLYMIDDLE MANAGEMENT10443 TRAFFIC ENGINEER573 $8,158.33 MONTHLY $9,916.56 MONTHLYMANAGEMENT20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLYMIDDLE MANAGEMENT20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLYMIDDLE MANAGEMENT20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLYMIDDLE MANAGEMENT30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,506.57 MONTHLY $5,478.25 MONTHLYGENERAL30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLYGENERAL30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLYGENERAL30667 TREASURY ASSISTANT399 $3,495.06 MONTHLY $4,247.23 MONTHLYGENERAL10740 TREASURY MANAGER598 $9,241.54 MONTHLY $11,232.86 MONTHLYMANAGEMENT20666 TREASURY SUPERVISOR502 $5,835.89 MONTHLY $7,093.81 MONTHLYMIDDLE MANAGEMENT30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,848.35 MONTHLY $3,461.71 MONTHLYGENERAL30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLYGENERALREVISION ADOPTED BY MCC 6/19/17REVISION ADOPTED BY MCC 6/20/18REVISION ADOPTED BY MCC 06/19/19REVISION ADOPTED BY MCC 8/21/19REVISION ADOPTED BY MCC 1/15/20REVISION ADOPTED BY MCC 6/24/20REVISION ADOPTED BY MCC 9/2/20REVISION ADOPTED BY MCC 12/16/20REVISION ADOPTED BY MCC 2/17/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 6/16/21REVISION ADOPTED BY MCC 7/21/21REVISION ADOPTED BY MCC 8/4/21REVISION ADOPTED BY MCC 9/15/21REVISION ADOPTED BY MCC 10/20/21REVISION ADOPTED BY MCC 11/3/21REVISION ADOPTED BY MCC 2/2/22REVISION ADOPTED BY MCC 2/16/22REVISION ADOPTED BY MCC 3/16/22REVISION ADOPTED BY MCC 4/6/22REVISION ADOPTED BY MCC 5/18/22REVISION ADOPTED BY MCC 6/15/22(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 2022/20237  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;330 ADOPTED 01/18/23EFFECTIVE 01/01/23CLASSCODECLASSIFICATION TITLE SALARY RANGENEW BOTTOM STEPBOTTOM HOURLY/MONTHLYNEW TOP STEPTOP HOURLY/MONTHLYUNITREVISION ADOPTED BY MCC 7/20/22REVISION ADOPTED BY MCC 8/17/22REVISION ADOPTED BY MCC 9/21/22REVISION ADOPTED BY MCC 10/19/22REVISION ADOPTED BY MCC 11/2/22REVISION ADOPTED BY MCC 11/16/22REVISION ADOPTED BY MCC 12/7/22SALARY SCHEDULE FOR FISCAL YEAR 2022/20238  of 8&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;331 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 -- -- -- -- $15,898.11 P-4 Captain -- -- -- -- $18,710.45 P-5 Assistant Chief -- -- -- -- $22,906.31 P-6   Packet Pg. 332 1 1 0 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, City Manager By: Suzie H. Soren, Director of Human Resources Department:Human Resources Subject:Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA). Background The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. The San Bernardino Police Officers’ Association’s (SBPOA) MOU has historically applied to members of the San Bernardino Police Management Association (SBPMA). The City has long recognized the SBPMA for purposes of meeting and conferring over conditions of employment of sworn management positions in the San Bernardino Police Department. A Compensation and Benefits Plan between the City and SBPMA covering such terms and conditions of employment was adopted by Resolution No. 2022-237 on November 16, 2022. On January 5, 2023, the parties reached a final agreement on the terms for a Memorandum of Understanding (MOU), which is currently before the Mayor and City Council for its approval. Discussion   Packet Pg. 333 1 1 0 5 The currently adopted Compensation and Benefits Plan defines the wages and benefits of those employees whose positions are part of the Police Management and are represented by the San Bernardino Police Management Association. The MOU, if adopted, describes additional points of understanding and details each party’s roles and responsibilities. Additional deal points include some of the following: •Employer/Employee Relation Matters o Grievance Procedure o Investigation Rights o Personnel Files •Fringe Benefits o Safety Equipment o Replacing/Repairing Personal Property •Working conditions o Work Schedules •General Provisions o Severability Adoption of the SBPMA MOU will ensure that consistency and fairness is exercised between the San Bernardino Police Management Association and the San Bernardino Police Officers‘ Association. It will also make for less uncertainty in terms and conditions of employment and helps prevent future unexpected disputes to occur. 2021-2025 Strategic Targets and Goals Approving an MOU with SBPMA aligns with Key Target No. 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact to the City by adopting a memorandum of understanding with the San Bernardino Police Management Association. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA). Attachments Attachment 1 - SBPMA Memorandum of Understanding Ward: All Wards Synopsis of Previous Council Actions:   Packet Pg. 334 1 1 0 5 November 16, 2022 The Mayor and City Council Adopted Resolution No. 2022- 237, adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association.   Packet Pg. 335 2 0 5 6 POLICE MANAGMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 2020 TO JUNE 30, 2025 CITY OF SAN BERNARDINO   Packet Pg. 336 TABLE OF CONTENTS Page ARTICLE I - - ADMINISTRATION.............................................................................................1 Section 1 - - Definition of Terms........................................................................................1 Section 2 - - Management Rights .......................................................................................2 Section 3 - - Mutual Aid.....................................................................................................2 Section 4 - - Agency Personnel Rules ................................................................................3 Section 5 - - Employees’ Rights.........................................................................................3 ARTICLE II - - EMPLOYER-EMPLOYEE RELATIONS...........................................................3 Section 1 - - Recognition....................................................................................................3 Section 2 - - No Strike........................................................................................................3 Section 3 - - Payroll Deductions.........................................................................................4 Section 4 - - Grievance Procedure......................................................................................4 Section 5 - - Employee Representatives.............................................................................7 Section 6 - - Investigation Rights .......................................................................................7 Section 7 - - Non-Discrimination .......................................................................................8 Section 8 - - Personnel Files...............................................................................................8 Section 9 - - Political Activities..........................................................................................8 Section 10 - - Use of City Resources..................................................................................8 ARTICLE III - - COMPENSATION .............................................................................................9 Section 1 - - Salaries...........................................................................................................9 Section 2 - - PERS/Retirement Plan...................................................................................9 Section 3 - - Compensation Reimbursable Overtime for Working Contractual Events ...................................................................................................................10 Section 4 - - Assignment to Higher Position....................................................................10 Section 5 - - Optional Cell Phone Allowance...................................................................10 Section 6 - - POST Incentive............................................................................................11 Section 7 - - Court Fines...................................................................................................11 Section 8 - - Technology Allowance ...............................................................................11 Section 9 -- Longevity Pay ……………………………………………………………...12 Section 10 – Education Pay……………………………………………………………...12 ARTICLE IV - - FRINGE BENEFITS ........................................................................................13   Packet Pg. 337 TABLE OF CONTENTS (continued) Page ii Section 1 - - Health/Life Insurance - Active Employees..................................................13 Section 2 - - Rain Gear/Utility Uniforms/Uniform Allowance........................................13 Section 3 - - Books , Tuition Allowance and Professional Development........................14 Section 4 - - Deferred Compensation ...............................................................................14 Section 5 - - Safety Equipment.........................................................................................14 Section 6 - - Replacing/Repairing Personal Property.......................................................15 Section 7 - - Service Pins..................................................................................................15 ARTICLE V - - LEAVES.............................................................................................................15 Section 1 - - Pre-Petition Leave Banks.............................................................................15 Section 2 - - Vacations......................................................................................................16 Section 3 - - Holidays.......................................................................................................17 Section 4 - - Sick Leave....................................................................................................18 Section 5 - - Payment for Unused Sick Leave..................................................................19 Section 6 - - Injury Leave.................................................................................................20 Section 7 - - Leave of Absence Without Pay....................................................................21 Section 8 - - Military Leave..............................................................................................22 Section 9 - - Administrative Leave………………………………………………………23 ARTICLE VI - - WORKING CONDITIONS..............................................................................23 Section 1 - - Work Schedules ...........................................................................................23 Section 2 - - Probationary Period......................................................................................24 Section 3 - - Seniority.......................................................................................................24 Section 4 - - Reemployment.............................................................................................24 Section 5 - - Physical Examinations.................................................................................24 ARTICLE VII - - GENERAL PROVISIONS..............................................................................24 Section 1 - - Term.............................................................................................................24 Section 2 - - Notice of Intent to Reopen...........................................................................24 Section 3 - - Housing Incentives.......................................................................................24 Section 4 - - Per Diem/Reimbursement Policy.................................................................25 Section 5 - - Severability ..................................................................................................25 Section 6 - - Waiver Clause..............................................................................................25   Packet Pg. 338 TABLE OF CONTENTS (continued) Page iii Section 7 - - Prevailing Benefits.......................................................................................25 Section 8 - - Dispute Resolution.......................................................................................25 REFERENCES.............................................................................................................................26 POLICE MANAGEMENT EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2020 -2025....................................................................................................................................27   Packet Pg. 339 1 ARTICLE I -- ADMINISTRATION Section 1 -- Definition of Terms Appointing Authority The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority. Appropriate Unit Those positions recognized as belonging to the unit covered by the terms of this MOU. Association. The San Bernardino Police Management Association (SBPMA). Chief. The Chief of Police of the City of San Bernardino. City. The City of San Bernardino. Continuous Service. Five-sixths (5/6) of the available compensable days within the 12-month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts. Department. The San Bernardino Police Department. Division. Any one of the major Divisions of the Department. Employee. All Management Personnel within the classifications in this appropriate unit. Employee Organization. The San Bernardino Police Management Association (SBPMA). Employer. Shall include the City of San Bernardino, and the City of San Bernardino Police Department. Gender. ” They” and “their” is used to be inclusive of all genders. Mandatory and Permissive. “Shall” is mandatory, “may” is permissive.   Packet Pg. 340 2 Years of Employment. Shall include all full-time services for the City of San Bernardino unless otherwise stated. Memorandum of Understanding (MOU). Shall mean the contractual obligation between the City and the employees of the Unit. Singular and Plural. The singular also includes the plural. Section 2 -- Management Rights This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to. determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards, including but not limited to, quality and quantity standards; carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work. Section 3 -- Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 -- Agency Personnel Rules   Packet Pg. 341 3 It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and Orderly methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the City Council in accordance with state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 -- Employees’ Rights Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations, including: A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above. ARTICLE II -- EMPLOYER-EMPLOYEE RELATIONS Section 1 -- Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Managers in the San Bernardino Police Department, including but not limited to, the following classifications. Police Lieutenant; Police Captain; and, Police Assistant Chief. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position. Section 2 -- No Strike It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City’s business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties of this MOU that will result in benefits to the City and will provide continuous   Packet Pg. 342 4 and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU. Section 3 -- Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section. Section 4 -- Grievance Procedure A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on their standing with their supervisors or their loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. B. Definition. A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, practices, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission. However, nothing herein shall be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255.   Packet Pg. 343 5 Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. C. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless they so desire. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. D. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. Time Limits Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step within sixty (60) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by the Association (as opposed to an individual), the initial grievance shall be filed at the Step 3 level, directly with the Chief of Police. Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance. The date and the subject of the incident should be provided with the request for the informal meeting. 1. Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss their complaint with their immediate supervisor informally. Within fifteen (15) calendar days, the supervisor shall give their decision to the employee orally. 2. Formal Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to their immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the   Packet Pg. 344 6 employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of their choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance. Step 2. Meet with the Assistant Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Assistant Chief, who may follow the steps outlined in Step 1 above. In any event, the assistant chief shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance. Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources. Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar days from the date of delivery of said answer. The Director of Human Resources or his/her designee shall meet with the employee, and if the employee desires, the designated union representative within fifteen (15) calendar days after receipt of the appeal. The designated City representative shall deliver his/her answer in writing to the employee within fifteen (15) calendar days after the meeting. Step 5. Final Step. a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or his/her designated representative within fifteen (15) calendar days from the date of delivery of said answer. State in writing the complaint and the desired result. b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by PERB, whose decision shall be advisory to the City Manager. c. The City Manager or his/her designated representative shall deliver his/her answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision. d. The decision of the City Manager or his/her designated representative is final and binding on all parties, unless reversed by a court decision. e. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievances. Section 5 -- Employee Representatives When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentation. The representative shall be   Packet Pg. 345 7 allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. Section 6 -- Investigation Rights When an employee is under investigation and subjected to interrogation by their commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment. The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member. For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action. The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth. If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command. The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.). Lawful Exercise of Rights; Insubordination; Administrative Appeal. A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance.   Packet Pg. 346 8 Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 -- Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, marital status, sexual orientation, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities as defined in the Americans with Disabilities Act of 1990 (ADA), when those individuals do not pose a risk to the health or safety of themselves or others. Section 8 -- Personnel Files No member shall have any comment adverse to their interest entered in their personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating they are aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to and accompany the adverse comment. In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures. Section 9 -- Political Activities Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity. Section 10 -- Use of City Resources The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association.   Packet Pg. 347 9 The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices. A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results; C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors; E. MOU, pay scales, job announcements, promotion lists, etc. Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory. ARTICLE III -- COMPENSATION Section 1 -- Salaries The City shall implement across the board base salary increases of two and seven-tenths percent (2.7%) for all represented classifications, retroactive to the first full pay period following July 1, 2021; five percent (5%) retroactive to the first full pay period following July 1, 2022; three and three quarter percent (3.75%) effective the first full pay period following July 1, 2023; and three and sixty-five hundredths percent (3.65%) effective the first full pay period following July 1, 2024. Section 2 -- PERS/Retirement Plan A. Retirement Benefits. SBPMA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows. Tier I. Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit; Tier II. CalPERS “Classic members: hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit; Tier III. CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA);   Packet Pg. 348 10 Tier IV. CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA. B. Required Bargaining Unit Member Contributions. CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements. CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30. C. In accordance with Government Code § 21624 and § 21635, the “post survivors’ retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees. D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS. Section 3 -– Compensation Reimbursable Overtime for Working Contractual Events Association members who are required to work special events where the City has contracts with third parties to provide public safety services and where the third parties pay for the cost of such labor services, shall be entitled to be paid overtime, (either straight time or premium overtime) in accordance with the contract between the City and the third party. The City and the SBPMA acknowledge that this provision shall not result in any additional cost to the City. Section 4 -- Assignment to Higher Position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the pay for the higher classification (e,g., lieutenant would be paid captain pay) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step (if a top step is defined) of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study. Section 5 -- Optional Cell Phone Allowance Employees who are required to have cell phones for conducting City and Department business may, in lieu of receiving a City issued paid cell phone, elect to maintain a personal cell phone for that purpose. Employees who select this option are entitled to be reimbursed $65.00 per pay period. Section 6 -- POST Incentive   Packet Pg. 349 11 All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below. A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; or, B. Two hundred fifty dollars ($250) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. As of January 1, 2022 the amount will be increased to four hundred fifty dollars ($450); effective July 1, 2022 to five hundred dollars ($500); effective July 1, 2023 to six hundred fifty dollars ($650); and effective July 1, 2024 to seven hundred dollars ($700); or, CA. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate; or, B. Four hundred and fifty dollars ($450) additional compensation per month shall be paid each employee who has obtained a POST Management Certificate. Retroactive to July 1, 2022 the amount was increased to twelve hundred forty five dollars ($1245); effective July 1, 2023 the amount will be increased to fourteen hundred dollars ($1400); effective July 1, 2024 the amount will be increased to fourteen hundred eighty five dollars ($1485). Section 7 -- Court Fines The City shall pay for court fines imposed upon each member as a result of their conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. Section 8 -– Technology Allowance SBPMA members require up to date technology to efficiently manage Department operations. In lieu of receiving city issued technology, such as desk top computers, laptops, tablets, printers, scanners, and software employees may elect to utilize their own technological equipment. SBPMA members shall receive an annual technology allowance of $500 to be paid in a lump sum amount during the first pay period of March. Section 9 – Longevity Pay Effective July 1, 2022 each employee with twenty (20) or more years of compensated service to the City shall receive longevity pay of three hundred dollars ($300) per month. Effective July 1, 2023 the amount will increase to four hundred dollars ($400) per months. Effective July 1, 2024 the amount will increase to seven hundred dollars ($700) per month. Section 10 – Education Pay   Packet Pg. 350 12 All SBPMA members shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below. A. Effective July 1, 2023 each Lieutenant who has obtained a Bachelor’s Degree shall receive one hundred and seventy five dollars ($175) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive three hundred dollars ($300) per month. B. Effective July 1, 2024 each Lieutenant who has obtained a Bachelor’s Degree shall receive two hundred and fifty dollars ($250) per month; if a Graduate Degree or higher is obtained, they shall receive three hundred dollars ($300) per month. Each Captain and Assistant Chief who has obtained a Graduate Degree or higher shall receive four hundred and fifty dollars ($450) per month. ARTICLE IV -- FRINGE BENEFITS Section 1 -- Health/Life Insurance - Active Employees A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows. The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. Any contribution not utilized by the employee shall revert to the City. Effective the first pay period of July 2022, City’s monthly contributions towards employees’ cafeteria benefits shall be as follows: $1008.00 for employee only, $1,439.56 for employee plus one and $1,871.43 for Family coverage. For the term of this Agreement, only, should the cost of the Kaiser rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premiums. B. Insurance benefits available for purchase by employees include. medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. However, City contributions cannot be used for any voluntary benefits offer to members through Colonial Life. C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above. D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. E. Effective January 1, 2007, the City shall provide each employee with $50,000 term life insurance and $50,000 Accidental Disability and Dismemberment (AD&D). Subject to the   Packet Pg. 351 13 usual provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after a sixty (60) calendar day elimination period, for a maximum period of two years. An SBPMS employee shall not be required to exhaust his or her sick leave to receive benefits. F. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty. G. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider. H. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge that the stipend for calendar year 2015 is $ 2,000 and the City has set the stipend for calendar year 2016 at $ 2,500. I. The SBPMA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the Personnel Commission. Section 2 -- Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear. The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Utility Uniforms. Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle available for use at all times. C. Uniform Allowance. Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of $950 to be paid in a lump sum amount during the first pay period of March. New employees must wait until the first pay period of March to receive their annual uniform allowance. Section 3 -– Books, Tuition Allowance and Professional Development   Packet Pg. 352 14 The City will continue under its formalized procedures to pay tuition costs for members who complete prior-approved, job related courses of instruction, which will increase their value to the City. Grades must be consistent with the City’s policy. Courses must be taken at an accredited school. The amount of reimbursement shall be equivalent of tuition costs for up to six (6) units per quarter as charged by the California State University, San Bernardino, or up to one-and-a-half (1- 1/2) times that amount, if based on a semester system. The Director of Human Resources will recommend approval or disapproval, based on the availability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized by the Chief at the time reimbursement for tuition is requested. See Exhibit 1 - Department of Director Letter (DDL) No. 48, Educational Reimbursement Processing. Professional Development is essential for SBPMA members. Job related training, seminars, conferences, classes, and membership in professional organizations/subscriptions facilitate this development. Each SBPMA member will be provided with seven hundred and fifty dollars ($750) each year to pay for membership dues, subscriptions, fess for attendance and/or materials for professional development. This will be paid in a lump sum amount during the first pay period of March. Section 4 -- Deferred Compensation The City shall continue to sponsor a Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent “cafeteria” contributions may not be diverted into a deferred compensation or like plan. Effective the first pay period starting after July 1, 2023 the City shall contribute to each SBPMA member’s deferred compensation account in the following amounts: Lieutenants: one hundred and fifty dollars ($150) per month; Captains: two hundred dollars ($200) per month; Assistant Chief two hundred and fifty dollars ($250) per month. Effective the first pay period starting after July 1, 2024 the City shall contribute to each SBPMA member’s deferred compensation account in the following amounts: Lieutenants: two hundred and twenty five dollars ($225) per month; Captains: tree hundred dollars ($300) per month; Assistant Chief three hundred and seventy five dollars ($375) per month This allotment can be contributed to a 401 (a) plan when instituted by the City. Section 5 -- Safety Equipment A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests. B. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at their expense. Upon reassignment or separation from the department, these items shall be returned to the City. The City Director of Finance shall have direct control over the purchase, issue, and replacement of the above-described items. The Chief shall certify in writing to the Director of Finance as to an individual’s entitlement.   Packet Pg. 353 15 Section 6 -- Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or repairing personal property of an employee, which is lost or damaged in the performance of duty as provided in Department Director Letter (DDL) No. 33, Reimbursement or Repair of Lost or Damaged Items of Personal Property of City Employees, dated April 17, 1989, and revised August 29, 2003. Section 7 -- Service Pins Employees of the City of San Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service. 5 years 10 years 15 years 20 years 25 years and over Years of service shall be deemed to include all continuous loyal employment for the City of San Bernardino. Award of service pins for the above-designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. ARTICLE V -- LEAVES Section 1 -- Pre-Petition Leave Banks The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPMA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves. Upon separation from employment with the City, employees will receive payment for any post- petition leave balances according to the terms and conditions outlined in their existing MOU. Section 2 -- Vacations   Packet Pg. 354 16 A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows. Completed Years of Continuous Service* Rate of Accrual Per Pay Period Equivalent Hours Per Year 1 year**3.0769 hours 80 hours 5 years 4.6153 hours 120 hours 15 years 6.1538 hours 160 hours 20 years 7.6923 hours 200 hours *Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued if service is less than one year. B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation, payment shall be made to the employee for the earned portion of his vacation. Calculation of payment earned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment. C. When an employee returns to work after a break in “continuous service,” and when such break in continuous service shall have been by leave of absence with approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino. E. If an employee leaves the City service prior to the completion of the year in which they used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time. F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year. Vacation credits accrued during an industrial disability are not subject to this term.   Packet Pg. 355 17 G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time. H. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition vacation and holidays to the City. An eligible employee shall notify the City by August 1 of their request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September. I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, they shall not accrue vacation hours for that period. J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I. Section 3 -- Holidays A. Employees shall be entitled to thirteen (13) City-designated holidays and two (2) floating holidays, the equivalent of 150 holiday hours each year, as listed below. New Year’s Day Martin Luther King Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Employees shall accrue 20 hours from floating holidays effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time. Demands of work permitting, employees of this unit may utilize holiday leave on the holidays designated above. If the demands of work are such that the employee cannot take off on a designated holiday, the employee shall bank the time for cash-out at the end of the calendar   Packet Pg. 356 18 year. When a holiday falls on an employee’s regularly scheduled day off, the employee shall bank 10 hours of holiday leave for cash-out at the end of the calendar year. SBPMA members shall be paid for their unused holiday account balance, at the end of each calendar year at the employee’s wage rate in effect at the time of the payoff. Employees who separate from employment with a holiday leave balance shall be paid at the wage rate on the final day of their employment. B. Holiday earned in any twelve-month period are not cumulative beyond the total number of holidays allowed each year by this pay plan. Employees may not exceed a balance of 150 hours at any time. Holiday hours accrued as a result of on industrial disability are not subject to this cap. . Section 4 -- Sick Leave A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family is defined as husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in- law; brother-in-law; daughter-in-law; or son-in-law. SBPMA members may use unlimited sick leave for the care of an immediate family member. B. No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, the Chief shall have the right to require the presentation of a certificate from a practicing physician or the County Health Officer stating that an officer or employee is physically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. C. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one workday, the employee may be required to file a physician’s certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence. D. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right, which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. E. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. F. Whenever the term “service of City” appears herein, it shall be deemed to include all service of the City of San Bernardino.   Packet Pg. 357 19 G. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one (1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave. H. Sick leave accruals and payouts (Section 5 below) shall only include post-petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave. I. The 48 hours of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave. J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Section 5 -- Payment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused post-petition sick leave, subject to the restrictions and conditions as set forth below. B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave. C. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code. D. Sick leave accrued as a result of an industrial disability will not be subject to the accrual maximums and will be paid out in full if the disability results in an industrial retirement. E. Each fiscal year an employee may elect to receive payment in lieu of accrued post- petition sick leave. 1. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees on the first payday in September.   Packet Pg. 358 20 2. An employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post-petition sick leave accrued. The employee’s accrued post-petition sick leave shall be reduced by the number of post-petition sick leave hours for which pay is provided. F. At the time of separation from service, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of unused post- petition sick leave. At the time of separation from service, any employee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post- petition sick leave. G. Subsections B and F above shall be interpreted to provide a payout of unused sick leave pursuant to the following schedule” Years of Service Payment of Unused Sick Leave Less than five (5) No payment of unused sick leave Five (5) 50%, unless dismissed or resigned with prejudice Fifteen (15) 50% Twenty (20) 75% Section 6 -- Injury Leave Employees will have a choice of doctor on work-related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated under the provisions of the Workers’ Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that they shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty and are not subject to accrual maximums. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty. The Parties further agree to meet and consult over an injury leave policy that minimally outlines non-industrial injuries being offered light duty assignments.   Packet Pg. 359 21 Section 7 -- Leave of Absence Without Pay A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. The Mayor and Common Council may grant leave of absence without pay for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Manager. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result. increased job ability, protection or improvement of the employee’s health, retention of a desirable employee or furtherance of a program in the interest of the City. Examples or conditions for which a leave of absence without pay may be granted are. 1. For an employee who is a disabled veteran requiring medical treatment. 2. For an employee who is temporarily mentally or physically unable to perform his duties. 3. For an employee who files for or assumes elected office. 4. For maternity or paternity leave, upon the recommendation of the attending physician. 5. For military leave when the employee has less than one (1) year of service to qualify for leave with pay. B. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee’s anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. C. The City’s contribution towards an employee’s health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month, nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City’s contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City’s participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated. D. Upon an employee’s return to work, the City’s contribution towards the employee’s health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1st   Packet Pg. 360 22 and 15th days of the month, or on the 15t day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month. E. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. F. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. Section 8 -- Military Leave A. An employee who shall enter the Armed Forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to leave of absence without pay during such service and for a period of 90 days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01, which currently provides in part as follows. “Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.” C. All persons appointed to fill such position during war or such national emergency shall be temporary appointees only. D. In the event of circumstances, which require reserve “call-up,” the City will meet and confer with the SBPMA over the impact of the call-up on unit members. Section 9 – Administrative Leave In lieu of monetary compensation, all forty (40) hour/week SBPMA employees shall be assigned eighty (80) hours of Administrative Leave per year each July 1st. Administrative Leave shall not be carried beyond the end of any fiscal year and shall not be paid for at any time. ARTICLE VI -- WORKING CONDITIONS   Packet Pg. 361 23 Section 1 -- Work Schedules All employees of this unit shall be assigned to a 4/10 work schedule. The 4/10 work schedule shall consist of four (4) consecutive workdays of ten (10) consecutive hours each, inclusive of a paid meal period and breaks. Each week. It is understood that, as managers, the employees of this unit shall occasionally be required to modify their daily schedule to meet the demands of the position, and thus are provided the flexibility to adjust their working hours to accomplish their necessary duties. Section 2 -- Probationary Period The probationary period for positions in this unit shall be 12 months from the date of hire. Section 3 -- Seniority Seniority is herein defined to be an employee’s length of service with no break in service of longer than 30 days within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification. Section 4 -- Reemployment An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90-day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. Section 5 -- Physical Examinations The City shall pay medical fees for the physical examination of any member of the PMA when such examination is required and directed by the City. ARTICLE VII -- GENERAL PROVISIONS Section 1 -- Term The Term of this Agreement shall be five (5) years, commencing on July 1, 2020 through June 30, 2025. Section 2 -- Notice of Intent to Reopen Commencing on January 1, 2025, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non-economic issues. Section 3 -- Housing Incentives During the term of this Agreement, the City shall provide HUD housing incentives to officers wishing to purchase homes within the City of San Bernardino (“Community Revitalization   Packet Pg. 362 24 Program”). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPMA a summary of the terms of this Community Revitalization Program. Section 4 -- Per Diem/Reimbursement Policy The City and the unit agree to meet and consult over an expense reimbursement policy that minimally outlines when and how expenses are approved, who approves, how expenses are submitted, the deadline for submitting an expense, and how they are paid. The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work-related duties. Per diem rates will include meals and mileage to be determined by location and destination of the school or business attended and in accordance with the guidelines the U.S. General Services Administration. The rates are periodically updated and are set by the destination / location of the school or business location being attended. The current rate information can be found at www.gsa.qov. No receipts will be required for the per diem. And all requests must be submitted within 45 days upon completion of the authorized travel. The City of San Bernardino will arrange for and pay the employee’s lodging expenses. Lodging receipts will be submitted to the City by the travelling employee. Additional expenses (such as parking, rental vehicles, ancillary duty costs) will be reimbursed by the City of San Bernardino upon the employee submitting receipts for such job-related costs. Requirements for receiving reimbursement for these expenses will be provided in the City of San Bernardino’s Travel and Reimbursement Policy. Section 5 -- Severability If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions. Section 6 -- Waiver Clause The City and the Association for the life of the MOU each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered by this MOU. Section 7 -- Prevailing Benefits   Packet Pg. 363 25 All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU shall remain in full force during the term of this MOU, unless changed by mutual consent. Section 8 -- Dispute Resolution The Parties acknowledge that there are terms and conditions set forth above which may not be resolved by mutual agreement. The Parties agrees that in the event any disputes cannot be resolved, such disputes shall be submitted to the Honorable Judge Gregg Zive for resolution. REFERENCES During the term of this Memorandum of Understanding (MOU), the attached Resolution and Policies may be modified. Official documents will be located in the City Manager’s Office.   Packet Pg. 364 26 POLICE MANAGEMENT EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2020-2025 ___________________________________ City Manager City of San Bernardino _____________________________________ Adam Affrunti, President San Bernardino Police Management Association ATTEST: __________________________________ Genoveva Rocha, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney   Packet Pg. 365 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Darren L. Goodman, Chief of Police Department:Police Subject:Agreement with the County of San Bernardino for access to the Sheriff’s Department Automated Systems Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute a 5-Year agreement between the City of San Bernardino, California and the County of San Bernardino, California for access to the Sheriff’s Department Automated Systems. Background The San Bernardino County Sheriff’s Department provides the police department with services and information necessary to function as a law enforcement agency. The Sheriff’s Automated System provides the police department with access to both regional and national systems such as the National and California Law Enforcement Telecommunications Systems, the Sheriff Department’s Central Name Index, Jail Management, Automated Warrants, and Property Evidence Tracking systems. Access to national data systems includes FBI, NCIC, DMV and stolen vehicle systems. Discussion As the administrator of the California Law Enforcement Telecommunications System (CLETS) the San Bernardino County Sheriff’s Department establishes the annual fees charged to the City. Fees include maintenance costs, terminal browser access, County WAN connection access fees, and transaction fees. The Police Department is billed quarterly for these services. The previous 5-Year contract costs were $55,504 in 2017 and $60,000 in 2022. The current agreement establishes the first-year cost to be $57,485 plus the Property/Evidence Tracking transaction fee which historically is approximately $1000 per year but varies based on use. Staff is requesting approval of an amount not to exceed $60,000 annually. The Department has maintained CLETS use although the previous agreement has expired. Once executed the agreement attached hereto as Attachment 1 will be effective July 1, 2022 to June 30, 2027.   Packet Pg. 366 Page 2 2021-2025 Strategic Targets and Goals The request to enter an agreement with the San Bernardino County Sheriff’s Department aligns with Goal No. 3: Improved Quality of Life. Access to regional and national government databases allows the police department to be a fully functional law enforcement agency providing needed services to the citizens of the city. Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute a 5-Year agreement between the City of San Bernardino, California and the County of San Bernardino, California for access to the Sheriff’s Department Automated Systems. Attachments Attachment 1 – Agreement Ward: All Wards Synopsis of Previous Council Actions: December 6, 2017 Mayor and City Council adopted Resolution No. 2017-230, approving an agreement with San Bernardino County Sheriff’s Department. FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 60,000 $ 60,000 $ 120,000 $ 185,000 GENERAL FUND SHARE $ 60,000 $ 60,000 $ 120,000 $ 185,000 SOURCE OF FUNDS: There is sufficient funding in the Police General Fund budget to pay the contract fees stated. Budget Adjustment: No For Fiscal Year: 22/24   Packet Pg. 367 Standard Contract Page 1 of 9 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration Telephone Number (909) 387-0640 Contractor City of San Bernardino Police Department Contractor Representative Telephone Number (909)384-5742 Contract Term 07/01/2022 to 06/30/2027 Original Contract Amount $57,485 for fiscal year 2022-23 Amendment Amount Total Contract Amount Cost Center 4430001000 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the County through the Sheriff/Coroner/Public Administrator (hereinafter referred to as “Sheriff”) provides access to the Sheriff’s Automated Systems; AND WHEREAS, the Contractor desires to enter into an Agreement for access to the Sheriff’s Automated Systems; AND NOW, THEREFORE, the parties agree as follows: A. PURPOSE OF AGREEMENT A.1 This Agreement provides for the Sheriff, acting as the administrator of the California Law Enforcement Telecommunications System (CLETS), to serve as the agent responsible for exchange of criminal offender record information and other criminal justice information between Contractor and the Sheriff and statewide criminal justice agencies. In addition, it provides for the Sheriff to facilitate the interchange of computerized criminal history data between the following agencies and databases: A.1.1 Federal Bureau of Investigation (FBI) Contract Number SHR – 22 - 0030 SAP Number N/A   Packet Pg. 368 Revised 03/15/2022 Page 2 of 9 A.1.2 National Crime Information Center (NCIC) A.1.3 National Law Enforcement Telecommunications System (NLETS) A.1.4 California Department of Justice, Racial & Identity Profiling Act (RIPA) System A.1.5 Stop Data Collection System (Staging) A.1.6 Stop Data Collection System (Production) A.1.7 California Gang System (CalGang) A.1.8 California Sex and Arson Registry (CSAR) A.1.9 Sentencing, Monitoring, Apprehending, Registering & Tracking (SMART) Justice System A.1.10 Department of Motor Vehicles (DMV) A.1.11 California Law Enforcement Telecommunications System (CLETS), received via the State CLETS network (transaction fees apply and billed by Sheriff) A.1.12 Super Name Search network (transaction fees apply and billed by Sheriff) A.1.13 Crime Web/Mugshot System A.1.14 Identix-Cal ID A.1.15 Property Evidence Tracking System (PETS) (transaction fees apply and billed by Sheriff) A.1.16 Sheriff's Department Jail Information Management System (JIMS) (transaction fees apply and billed by the County’s Innovation and Technology Department - ITD) A.1.17 Sheriff’s Central Name Index (CNI) (transaction fees apply and billed by ITD) A.1.18 Sheriff’s Automated Warrants (SAW) (transaction fees apply and billed by ITD) A.2 It is the intent of the parties to promote more effective regional law enforcement through the cooperative use and maintenance of the County and Sheriff computerized data files. A.3 Access to the aforementioned databases requires connection to the County’s Wide Area Network (WAN). Contractor will be required to enter into a separate Agreement with the County’s Innovation and Technology Department (ITD), for connection to the County’s WAN and for payment of costs associated with WAN connectivity. B. CONTRACTOR RESPONSIBILITIES B.1 The Contractor agrees to limit access to information furnished by Sheriff to its own employees and other criminal justice/law enforcement agencies. The Contractor further agrees to comply with Federal and State laws, rules, procedures, and policies formally adopted in the California Law Enforcement Telecommunications System Subscriber Agreement, and in regard to criminal history, information furnished through the FBI/NCIC/CCH (California Criminal History) and the NLETS Program, to rules, procedures and policies approved by the NCIC advisory policy board adopted for NCIC. B.2 The Contractor agrees to appoint an Automated Terminal Coordinator (ATC) to disseminate CLETS information and updates, to maintain training requirements and paperwork compliancy for all Contractor’s personnel. The assigned ATC shall understand the CLETS Policies, Practices and Procedures Manual and comply with all of the Department of Justice guidelines. The ATC shall understand and comply with the Agency ATC Responsibilities guidelines, Exhibit A, attached hereto and incorporated herein by reference. This appointed staff member shall be the point of contact to the Sheriff. B.3 In accordance with the State CLETS Policies, Practices, and Procedures Manual, and as designated by the State of California and the Sheriff, the Contractor shall be responsible for all security and privacy considerations relating to the use of the Contractor’s terminal or terminals. B.4 The data provided to Sheriff by the Contractor will be relevant to the criminal justice process. The completeness, accuracy, objectivity, and verifiability of information entered into the information system is paramount and the Contractor will cooperate with the regular auditing of the system in accordance with the State CLETS Policies, Practices, and Procedures Manual, to assure reliability   Packet Pg. 369 Revised 03/15/2022 Page 3 of 9 of stored data. In addition, the procedures for maintaining and/or purging these records will be adhered to in order to enhance the reliability of all data. B.5 The Contractor is responsible to provide an audit trail of all CLETS entries made from all Contractor terminals accessing CLETS information through an established CAD-to-CAD connection. B.6 The Contractor agrees to cause employees; having access via the San Bernardino County IBM computer system to the Sheriff’s CNI, JIMS or any other Sheriff’s Automated Systems, to complete security training before such access will be allowed. Contractor agrees to adhere to all State, County and Federal laws applicable to the confidentiality and the release of information. B.7 Each of the Contractor’s employees requiring access to CNI must complete and sign a Central Name Index Authorization Statement, Exhibit B, attached hereto and incorporated herein by reference. C. SHERIFF RESPONSIBILITIES C.1 Access Sheriff’s assigned Terminal Coordinator will review all applications for connection to the Telecommunications System, as well as requests to modify, move or increase the number of terminals in an existing agency. C.2 Services Provided Sheriff agrees to furnish the Contractor access to such criminal offender record information and other criminal justice information as is made available to the State through the CLETS network and provide access to Sheriff’s Automated Systems. C.3 Equipment The Sheriff shall provide, maintain, operate, and manage equipment for an electronic data communications system in the San Bernardino County Sheriff’s Data Center in order to provide the services specified in this Agreement. One or both of the following is required for Contractor to connect with the Sheriff’s Message Switch computer: C.3.1 A CAD to CAD interface or Terminal Browser Access C.3.2 Connection to the County WAN (NOTE: This Agreement does not include costs for equipment/services related to a private telecommunications connection. The WAN connection process and associated costs does not include a telecommunications connection at the local site and/or any additional equipment. Contractor shall be responsible for establishing its own telecommunications connection at the local site to the WAN connection.) C.4 Support Sheriff shall render assistance to the Contractor in order to provide for timely, efficient, and accurate implementation of CAD/CLETS/RMS network operations. C.5 The Sheriff shall maintain records for auditing purposes on all CLETS entries in accordance with the Department of Justice mandates. All CAD-to-CAD Contractors will also be responsible for maintaining their CLETS data and providing an audit trail on all Contractor terminals and/or employees accessing CLETS information via the CAD-to-CAD connection. C.6 The Sheriff reserves the right to suspend access to any information provided for in this Agreement, in accordance with the State CLETS Policies, Practices and Procedures Manual, when any rule, policy, or procedure adopted by Sheriff, or approved by the NCIC or law of this county, state, or federal government applicable to the security and privacy of information is violated or appears to be violated by the Contractor. D. CENTRAL NAME INDEX (CNI) ACCESS LIMITATIONS   Packet Pg. 370 Revised 03/15/2022 Page 4 of 9 Access to the Sheriff’s CNI database is also limited, as follows: D.1 In the interest of maintaining a regional criminal justice database, Contractor is granted inquiry capability to the Sheriff’s CNI database for law enforcement related data. The data accessed in CNI by the Contractor will be relevant to the criminal justice process. The Contractor will cooperate with regular auditing of the system to assure security of stored data. D.2 Contractor agrees to require all employees who access CNI to complete and sign a Central Name Index Authorization Statement, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. D.3 The Sheriff/Coroner/Public Administrator, or designee, will act as “Controller” facilitating the entry and retrieval of computerized CNI information. E. TERM AND TERMINATION The term of this Agreement shall be for a period commencing on July 1, 2022, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027. Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause by Contractor or by Sheriff upon written notice given to the other party at least thirty (30) days prior to the date specified in the notice for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination. F. FISCAL PROVISIONS F.1 FEES F.1.1 CLETS Teleprocessing Support/Maintenance Costs will be billed by Sheriff. F.1.2 CLETS Terminal Browser Access will be billed by Sheriff. F.1.3 Transaction Fees for Systems listed in No. A.1.11; A 1.12; and A.1.15 indicated in Section A.1 above, will be billed by Sheriff. Access to PETS requires special arrangements that are unique to each agency. Agencies desiring access to PETS shall contact Sheriff’s Technical Services at CNI_JIMS@sbcsd.org to determine if the agency is eligible for access. F.1.4 Systems listed in No. A.1.16 through A.1.18 will be billed by ITD. F.1.4 Connection to the County WAN will be billed by ITD and a one-time fee applies. F.1.5 County WAN Access is provided under a separate agreement with ITD and will be billed by ITD. F.2 Contractor shall pay Sheriff the sum of money per Schedule A attached hereto and incorporated herein by reference. Sheriff shall invoice Contractor for the cost of services quarterly in arrears. Payment shall be due within forty-five (45) days from the date of each invoice. Basic installation of service will be provided by the Sheriff. Installation fees, cost of additional services, equipment, related supplies and changes or modifications will be paid for by the Contractor. The total cost to provide, repair or replace machines, printers, and other equipment shall be the responsibility of the Contractor. Time, maintenance and diagnostic costs will be paid by the Contractor. Costs will be adjusted in the event of any level of service changes. F.3 Schedule A reflects the rates in effect at the Execution of this Agreement. Sheriff shall have the right to adjust the Agreement rates annually and any subsequent rate change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees, which increase labor costs, and other inflationary costs. Sheriff shall provide notice to Contractor of pending rate change(s) by providing Contractor with a revised Schedule A reflecting such rate change(s).   Packet Pg. 371 Revised 03/15/2022 Page 5 of 9 G. INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”), from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782. Additionally, the Contractor agrees to provide Cyber Liability Insurance, if applicable, through its program of self-insurance or other carriers, with adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement; with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties. Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. H. NOTICES All written notices and proof of insurance provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows: San Bernardino County Sheriff’s Department Bureau of Administration, Contracts Unit 655 East Third Street San Bernardino, CA 92415-0061 Fax: (909) 387-3444 City of San Bernardino San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92402-1559 Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph. I. AUTHORITY The Sheriff/Coroner/Public Administrator of San Bernardino County, or designee, shall have the right to exercise the County’s authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion. J. AGREEMENT AUTHORIZATION The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor’s behalf. K. ENTIRE AGREEMENT This Agreement, including all Exhibits and Schedule, which are attached hereto and incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior   Packet Pg. 372 Revised 03/15/2022 Page 6 of 9 agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration Date Date Date City of San Bernardino Police Department (Print or type name of agency/department) By (Authorized signature - sign in blue ink) Name (Print or type name of person signing contract) Title (Print or Type) Dated: Address P.O. Box 1559 San Bernardino, CA 92402-1559   Packet Pg. 373 Revised 03/15/2022 Page 7 of 9 CLETS ANNUAL MAINTENANCE & SUPPORT COSTS: Service CLETS CAD-to-CAD Connection ($100/Month) (SBCX)$1,200 CLETS Transactions Cost (2021 data) $56,285 CLETS ANNUAL MAINTENANCE & SUPPORT COSTS:$57,485 QUARTERLY PAYMENT IN ADVANCE FOR CLETS:$14,371.37 ADDITIONALLY: The Contractor shall be billed Transaction Fees on a monthly basis by County ISD in arrears resulting from use of the following systems: Sheriff's Department Jail Management System (JIMS) Sheriff’s Central Name Index (CNI) Sheriff’s Automated Warrants (SAW) Property Evidence Tracking System (PETS): The Contractor shall be billed for the system transaction fees at the rate of 6 cents per transaction, billing by SHERIFF on a quarterly for actual usage in arrears and included with their previous quarterly (in advance) bills for * The rates on this page are for the fiscal year 2022-23 only and will be adjusted each fiscal COST SCHEDULE CHARGES FOR SHERIFF'S AUTOMATED SYSTEMS SAN BERNARDINO POLICE DEPARTMENT SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SCHEDULE 'A' CITY OF SAN BERNARDINO FY 2022-23*   Packet Pg. 374 Standard Contract Page 8 of 9 EXHIBIT A Automated Terminal Coordinator (ATC) Responsibilities San Bernardino County Sheriff’s Department Technical Services Division CLETS Administration Section 655 East Third Street San Bernardino, CA 92415-0061 Telephone: (909)387-4357 Fax: (909)387-3666 An Automated Terminal Coordinator (ATC) the key person chosen by his/her respective agency to serve as the coordinator with the San Bernardino County Sheriff’s Department (usually the same person who serves as the CLETS Coordinator to the DOJ) on matters pertaining to CLETS contracts with the Sheriff’s Department, CAD/RMS connections to the message switch, maintenance of the users database, as well as all other matters pertaining to the use of; CLETS, NCIC, NLETS, and the DOJ criminal justice data bases. The ATC should be familiar with all aspects of the aforementioned items. The liaison’s primary responsibilities include: Administration/Record Keeping • Coordinate and/or respond to CLETS related correspondence. • Notify the Sheriff’s Department of any changes in address, phone number, agency representatives, contracts, CAD/RMS connections, and other information pertaining to your agency. • On a quarterly basis, ensure the accuracy of CLETS user security files within your agency, deleting/disabling users who are no longer employed. Report this information to the Sheriff’s Department coordinator if you have a direct connection using their terminals. • Ensure Management Control, Interagency Agreements, or Release of CLETS Information Agreements are on file and kept current with the signature of new agency heads, if applicable. • Maintain a copy of all contractual agreements. Policy • Ensure compliance with CLETS, CJIS, NCIC, and NLETS policies and regulations. • Ensure CLETS terminals, equipment, and messages are secure from unauthorized access. System • Maintain and have available a current system diagram. • Maintain and have available a list of all Sheriff’s Department CLETS terminal locations within the agency, identifying the location, ORI, and mnemonic assigned to the terminal. • Coordinate any terminal access level changes, requests for additional CLETS mnemonics, and applications for upgrading service. Training • Advise terminal operators within your agency of the formats used on Sheriff’s Department terminals within your agency. • Determine the need to coordinate CLETS related training.   Packet Pg. 375 Revised 03/15/2022 Page 9 of 9 EXHIBIT B SHERIFF’S DEPARTMENT SAN BERNARDINO COUNTY CENTRAL NAME INDEX / JIMS NET AUTHORIZATION STATEMENT The following information is required to identify personnel for the computerized Central Name Index. NAME: __________________________________________________________________ Print: (Last) (First) (Middle) DOB: ____________________________________________________________________ (Month) (Day) (Year) AGENCY/STATION: ______________________________ CALIFORNIA DRIVER’S LICENSE: ______________________________ LAST 4 OF SOCIAL SECURITY NUMBER: ______________________________ EMPLOYEE NUMBER: _____________________________ PD# (if applicable): ______________________________ ***SUPERVISOR SIGNATURE: ______________________________ THIS PERSON REQUIRES: INQUIRY ONLY JUSTIFICATION: ______________________________ STATEMENT: 1. I have completed the above questionnaire, and the information submitted is accurate to the best of my knowledge. 2. I understand that the Sheriff’s Automated Systems are for Law Enforcement use only and are protected by State Law. Accidental or deliberate disclosure of County information, modification, or misuse may result on disciplinary action up to, and including loss of employment and prosecution under applicable laws. 3. Violation of one or more of the following procedural rules may result in disciplinary action. a. The unauthorized use of another individual’s name and/or identification information for the purpose of inquiry or entry into one or more of the Sheriff’s Automated Systems. b. The unauthorized deletion or altering of any existing data in one or more of the Sheriff’s Automated Systems. c. The unauthorized input (or causing of input) of false information to one or more of the Sheriff’s Automated Systems. EMPLOYEE SIGNATURE: ________________________________________ DATE__________ Authorizing Personnel: _______________________________________________ _______________________________________ ________________ Print: LAST, FIRST, TITLE DEPARTMENT/LOCATION PHONE # Please scan and e-mail this form to CNI_JIMS@sbcsd.org. You will receive a reply via email when access has been granted IMPORTANT NOTE: It is imperative that you notify us immediately, upon a termination or removal.   Packet Pg. 376 1 0 9 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Construction Agreement Award – Roof Replacement at Perris Hill Senior Center (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the awarding of a Construction Agreement with Pacific Builders & Roofing, Inc., dba WSP Roofing, in the amount of $176,900 for the construction of Roof Replacement at Perris Hill Senior Center ("Project"); and 2. Authorize the project construction, construction contingencies, and engineering and inspection costs in the total amount of $205,000 for construction of the Project; and 3. Authorizing the City Manager or designee, to execute all documents with Pacific Builders & Roofing, Inc. dba WSP Roofing; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Facilities and Fleet Division of the Public Works Department is responsible for maintaining the Perris Hill Senior Center located at 780 East 21st Street, San Bernardino, California. The 30-year-old roof is no longer serviceable and must be replaced. Rainwater leaks could damage building’s interior and could result in structural deterioration if the roof is not replaced. Staff has prepared plans and specifications for the roof replacement project. The proposed scope of work includes removing and disposing of existing roof,   Packet Pg. 377 1 0 9 6 installation of adhered thermoplastic (PVC) feltback membrane roof system, including, but not limited to, removal of existing roof system, primed gypsum cover board, PVC membrane flashings, PVC metal edge/fascia flashing, and other components to comprise a weathertight roof system. June 1, 2022, the Mayor, and City Council adopted Resolution No. 2022-102 approving Capital Improvement Plan (“CIP”) project GB23-002 and established budget in the amount of $250,000 in the account 247-160-8941-5504 from Cultural Development Construction fund to provide Roof Replacement at Perris Hill Senior Center. Discussion Project No. 13571, to provide Roof Replacement at Perris Hill Senior Center, was advertised for public bidding on November 28, 2022, and December 5, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City website, and the San Bernardino Area Chamber of Commerce. Five sealed bids were received on December 15, 2022, as follows: Bidder City Base Bid Pacific Builders & Roofing Inc.Roseville $176,900 Bligh Roof Co.Santa Fe Springs $187,108 Best Contracting Services, Inc.Gardena $197,150 San Marino Roof, Inc.Orange $240,558 AME Builders, Inc.Pomona $251,321 Staff has reviewed all bid packages and determined that Pacific Builders & Roofing Inc. of Roseville, California is the lowest responsible and responsive bidder with a total bid amount of $176,900. In addition to these construction costs, staff anticipates the need for a construction contingency amount to provide for any unforeseen work, and estimated staff costs required to support engineering inspections of the project. The total Project cost including construction, contingencies, and engineering and inspection costs is $205,000. If awarded, construction work on these street segments is anticipated to begin in April 2023 and be completed by July 2023. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1f: Improved Operational & Financial Capacity - Create an asset management plan. Roof replacement at Perris Hill Senior Center will ensure the assets do not deteriorate further and provides public safety. Fiscal Impact   Packet Pg. 378 1 0 9 6 There is no General Fund impact associated with this action. Project budget for the proposed work was previously established in FY 2022/23 through the Cultural Development Construction Fund in the amount of $250,000. A portion of funding has been expended for staff time to support the preparation of the bid specification documents. The budget amount required to complete the construction improvement work for the Project is as follows: Construction Bid Amount $ 176,900 Construction Contingency $ 18,100 Engineering and Inspections $ 10,000 Total Project Cost $205,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Construction Agreement with Pacific Builders & Roofing Inc., dba WSP Roofing, in the amount of $176,000 for the construction of Roof Replacement at Perris Hill Senior Center ("Project"); and 2. Authorize the project construction, construction contingencies, and engineering and inspection costs in the total amount of $205,000 for construction of the Project; and 3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Agreement Attachment 2 Bid Tabulation Attachment 3 Bid Proposal Attachment 4 Location Map Ward: Second Ward Synopsis of Previous Council Actions: June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 approving Capital Improvement Plan project FY 2022/23.   Packet Pg. 379 A-1 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 1 day of February 2023, between the City of San Bernardino (owner and hereinafter "CITY"), and Pacific Builders & Roofing, Inc. dba: WSP Roofing (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the ROOF REPLACEMENT AT PERRIS HILL SENIOR CENTER Project No. 13571 in strict conformity with Plans and Special Provisions for Project No. 13571, and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2.The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of This contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate.   Packet Pg. 380 A-2 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work AGREEMENT: ROOF REPLACEMENT AT PERRIS HILL SENIOR CENTER Project No. 13571 according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: BY: ________________________________ City Manager BY: _______________________________ TITLE: ATTEST: _____________________________ MAILING ADDRESS: _______________________________ GENOVEVA ROCHA, CMC ___________________________________ City Clerk __________________________________ PHONE NO.: ( )_________________ APPROVED AS TO FORM: ATTEST:_______________________________ SONIA CARVALHO, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.   Packet Pg. 381 BID TABULATION FOR ROOF REPLACEMENT AT PERRIS HILL SENIOR CENTER SPECIAL PROVISIONS NO. 13571 BID SCHEDULE ROOF REPLACEMENT AT PERRIS HILL SENIOR CENTER Special Provisions NO. 13571 ITEM NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS $7,000.00 $7,000.00 $9,355.00 $9,355.00 $5,900.00 $5,900.00 $3,000.00 $3,000.00 $8,163.00 $8,163.00 2 Remove & Dispose Roof System Per Project Plans and Specifications 1 LS $29,100.00 $29,100.00 $30,000.00 $30,000.00 $22,170.00 $22,170.00 $27,000.00 $27,000.00 $18,335.00 $18,335.00 3 Furnish & Install New Roof Per Project Plans and Specifications 1 LS $138,300.00 $138,300.00 $142,753.00 $142,753.00 $159,580.00 $159,580.00 $207,558.00 $207,558.00 $217,823.00 $217,823.00 4 Remove & Dispose of Hazardous Waste Per Project Specifications 1 LS $2,500.00 $2,500.00 $5,000.00 $5,000.00 $9,500.00 $9,500.00 $3,000.00 $3,000.00 $7,000.00 $7,000.00 SUBTOTAL BID SCHEDULE Totals $251,321.00$240,558.00$176,900.00 $187,108.00 $197,150.00 5TH LOW AME BUILDERS, INC. ROOF REPLACEMENT AT PERRIS HILL SENIOR CENTER BID OPENING: 2:00 P.M., DECEMBER 15, 2022 APPARENT LOW BIDDER PACIFIC BUILDERS & Roofing Inc., dba: WSP Roofing 2ND LOW Bligh Roof CO dba BLIGH PACIFIC 3RD LOW BEST CONTRACTING SERVICES, INC. 4TH LOW SAN MARINO ROOF, INC.   Packet Pg. 382   Packet Pg. 383   Packet Pg. 384   Packet Pg. 385   Packet Pg. 386   Packet Pg. 387   Packet Pg. 388   Packet Pg. 389   Packet Pg. 390   Packet Pg. 391   Packet Pg. 392   Packet Pg. 393   Packet Pg. 394   Packet Pg. 395 LOCATION MAP PERRIS HILL SENIOR CENTER 780 E 21st St, San Bernardino, CA 92404   Packet Pg. 396 1 0 1 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 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 Cooperative Agreement with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-023: 1. Approving Amendment No. 1 to the Cooperative Funding Agreement with the County of San Bernardino for Arrowhead Farm Area Street Rehabilitation; and 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $915,000: and 3. Authorizing the City Manager or designee to execute Amendment No. 1 to Cooperative Funding Agreement 20-946. Background Conducting cooperative projects on streets shared with other jurisdictions is more efficient and cost effective when compared to managing separate projects issued by each individual jurisdiction. Leading cooperative projects also significantly reduces the amount of inconvenience caused to public transit systems, residents, and businesses who may be impacted during construction. The County of San Bernardino and the City of San Bernardino share jurisdiction of several streets.   Packet Pg. 397 1 0 1 8 Discussion The County has a project to resurface the following street segments in Arrowhead Farm area through application of an overlay in the unincorporated area of the County: Segment No.Street Segment 1 40th Street between Johnson Ave. and 3rd Ave. 2 41st Street between F Street and 4th Ave. 3 48th Street between E Street and Magnolia Ave. 4 3rd Avenue between 40th Street and Hill Drive 5 Mountain Drive between Kendall Drive and Hill Drive 6 Cypress Drive between 48th Street and Hill Drive 40th Street between Johnson Avenue and 3rd Avenue (Segment No. 1) is partially located in City limits. As a result, road resurfacing and maintenance responsibility is divided between these two jurisdictions. The County is leading the project to rehabilitate 40th Street and contacted the City to determine its willingness to fund the portion of the street under the City’s jurisdiction and have the entire street resurfaced under the County’s project. Staff negotiated a Cooperative Funding Agreement with the County delineating the roles, responsibilities, and contributions of both the County and the City regarding the Mountain View Avenue Street Rehabilitation Project in the Arrowhead Farm area. The estimated project costs that the two agencies share is summarized as follows: DESCRIPTION AMOUNT COUNTY OF SAN BERNARDINO SHARE CITY OF SAN BERNARDINO SHARE Construction and Contingencies $2,860,000 $2,461,000 $399,000 All Other Costs including Preliminary Engineering, Design, Environmental, Clearance, Construction Engineering $650,000 $559,000 $91,000 TOTAL $3,510,000 $3,020,000 $490,000 The County requested the City contribute its entire share of project funding, which is estimated to be $490,000, for the resurfacing of 40th Street within City jurisdictional areas. Due to the City of San Bernardino requesting additional funding for pavement rehabilitation work solely within City jurisdiction, in addition to construction material costs increasing, the City’s share of the project costs requires an adjustment as follows:   Packet Pg. 398 1 0 1 8 DESCRIPTION AMOUNT COUNTY OF SAN BERNARDINO SHARE CITY OF SAN BERNARDINO SHARE Construction and contingencies $4,875,000 $4,130.000 $745,000 All Other Costs including Preliminary Engineering, Design, Environmental, Clearance, Construction Engineering $1,240,000 $1,040,000 $170,000 TOTAL $6,115,000 $5,200,000 $915,000 Currently, the project is in the design phase and is scheduled to be in construction in FY 22/23. 2021-2025 Strategic Targets and Goals This project aligns with Key Targets No. 1d: Create a framework for spending decisions and 1f: Create an asset management plan. Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective than performing individual projects on shared roadways. This project will also positively contribute to the asset management plan by improving and preserving this section of roadway. Fiscal Impact While there is no General Fund impact associated with this action, supplemental funding is necessary. Cooperative Funding Agreement 20-946 was previously approved by Council with the City’s share amount of $490,000 budgeted in FY 2020/21 from the Measure I Fund. In addition to the available $490,000 from Measure I, an additional supplemental appropriation in the amount of $425,000 from the Measure S Fund is requested to fund the completion of this project, for a total City contribution amount of $780,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-023: 1. Approving Amendment No. 1 to the Cooperative Funding Agreement with the County of San Bernardino for the Arrowhead Farm Area Street Rehabilitation; and 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $780,000; and 3. Authorizing the City Manager or designee to execute Amendment No. 1 to   Packet Pg. 399 1 0 1 8 Cooperative Funding Agreement 20-946. Attachments Attachment 1 Resolution 2023-023 Attachment 2 Amendment No. 1 Attachment 3 Agreement No. 22-946 Attachment 4 Project Location Map Ward: Fourth Ward Synopsis of Previous Council Actions: September 16, 2020 Mayor and City Council adopted Resolution No. 2020- 227 approving the Cooperative Agreement with the County of San Bernardino for Arrowhead Farm Area Street Rehabilitation Project.   Packet Pg. 400 Resolution No. 2023-023 Resolution No. 2023-023 February 1, 2023 Page 1 of 3 1 8 9 3 RESOLUTION NO. 2023-023 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT, NO 1 TO THE COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR ARROWHEAD FARM AREA STREET REHABILITAION; AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2022/24 CAPITAL IMPROVEMENT PLAN, RECORDING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $425,000 IN MEASURE S FUND, FOR A TOTAL PROJECT COST OF $915,000; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO COOPERATIVE FUNDING AGREEMENT 20-946. WHEREAS, The County of San Bernardino (County) and the City of San Bernardino (City) share jurisdiction of several streets; and WHEREAS, Conducting cooperative projects on streets of shared jurisdiction is more efficient and cost effective as compared to separate projects issued by each jurisdiction; and WHEREAS, The County has a project to resurface several street segments including 40th Street between Johnson Ave and 3rd Avenue in Arrowhead Farm area through application of an overlay in the unincorporated area of the County; and WHEREAS, the City limit line runs through the center of the 40th street, with the northerly portion in the County and southerly portion in the City; and WHEREAS, Staff negotiated a Cooperative Funding Agreement with the County delineating the roles, responsibilities, and contributions of both the County and the City with regard to the Mountain View Avenue Street Rehabilitation Project; and WHEREAS, City will contribute the entire share of funding, estimated to be $490,000, for the resurfacing of 40th Street within the City jurisdictional areas; and WHEREAS, Due to the escalated price of project delivery and material procurement the County proposed Amendment No.1 to adjust project pricing by $425,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.   Packet Pg. 401 Resolution No. 2023-023 Resolution No. 2023-023 February 1, 2023 Page 2 of 3 1 8 9 3 SECTION 2. Approve Amendment No. 1 to the cooperative agreement with County of San Bernardino for the Arrowhead Farm Area Street Rehabilitation SECTION 3.Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $915,000; and SECTION 4. Authorizing the City Manager or designee to execute Amendment No. 1 to Cooperative Funding Agreement 20-946. SECTION 5.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7.Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 402 Resolution No. 2023-023 Resolution No. 2023-023 February 1, 2023 Page 3 of 3 1 8 9 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. 2023-023, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 403 Standard Contract Page 1 of 4 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works Department Contract Representative Arlene B. Chun, M.S., P.E., Engineering Manager - Transportation Planning Division Telephone Number (909) 387-8167 Project 40th Street and Other Roads Contractor City of San Bernardino (CITY) Contractor Representative Alex Qishta, P.E., City Engineer Telephone Number (909) 384-5019 Contract Term 9/14/2020 – 12/31/2025 Original Contract Amount $490,000 Amendment Amount $425,000 Total Contract Amount $915,000 Cost Center 6650002000 34H14922 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) AMENDMENT NO. 1 Recitals WHEREAS, San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) previously entered into County Contract No. 20-946 (herein after referred to as “the Agreement”) wherein the Parties agreed to cooperate and jointly participate in pavement rehabilitation and an Americans with Disabilities Act (ADA) curb ramp and other related improvements in the San Bernardino area (PROJECT); and WHEREAS, the City has requested additional pavement rehabilitation work solely within its jurisdiction on 40th Street from Third Avenue east 0.03 miles; and WHEREAS, construction material costs have increased and the parties share of PROJECT costs require adjustment; and Contract Number 20-946 A-1 SAP Number   Packet Pg. 404 Revised 7/15/19 Page 2 of 4 WHEREAS, the COUNTY and CITY are willing to increase their respective contributions in order to move forward with the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, the Parties hereto agree the AGREEMENT, County Contract No. 20-946, is amended as follows: 1. DELETE the Agreement’s sixth WHEREAS recital and REPLACE it with a revised sixth WHEREAS recital, which shall read as follows: WHEREAS, the total PROJECT cost is estimated to be $6,115,000; and 2. DELETE the Agreement’s seventh WHEREAS recital and REPLACE it with a revised seventh WHEREAS recital, which shall read as follows: WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $5,200,000 and the CITY’s share of PROJECT cost is estimated to be $915,000, as more particularly set forth in revised Exhibit “A”; which is attached hereto and incorporated herein by this reference; and 3. DELETE the existing paragraph 1.9 and REPLACE it with a revised paragraph 1.9, which shall read as follows: 1.9 Based on the COUNTY percentage calculated pursuant to paragraph 1.8 above, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, right-of-way engineering, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $5,200,000 and shall not exceed $6,500,000 (25% increase over the COUNTY’S PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.16. 4. DELETE the existing paragraph 2.4 and REPLACE it with a revised paragraph 2.4, which shall read as follows: 2.4 Based on CITY percentage calculated pursuant to paragraph 1.8 above, pay to the COUNTY, on a reimbursement basis, its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, right-of-way engineering, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead costs. CITY shall pay all actual costs incurred by COUNTY associated with the adjustments to CITY’s manholes, regardless of the estimated cost or estimated number of manholes identified, even if they are higher than the estimated cost. CITY’s share of PROJECT costs is currently estimated to be $915,000 and shall not exceed $1,143,750 (25% increase over the PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.16. CITY shall be responsible for the sum of $915,000, plus its jurisdictional share of any PROJECT cost changes, pursuant to paragraph 1.9 above. Upon CITY’s review and approval of invoice, CITY shall pay such undisputed costs within sixty (60) days after receipt of itemized invoice as set forth in paragraph 1.9 of this Agreement. 5. DELETE the existing paragraph 2.5 and REPLACE it with a revised paragraph 2.5, which shall read as follows: 2.5 Provide a qualified CITY representative who has the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is needed within the CITY’s limits and who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY. 6. DELETE the existing paragraph 3.6 and REPLACE it with a revised paragraph 3.6, which shall read as follows:   Packet Pg. 405 Revised 7/15/19 Page 3 of 4 3.6 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid process, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.7 below)) over the estimated total of the PROJECT’s cost of $6,115,000 (which is the sum of $5,200,000 from COUNTY and $915,000 from CITY) shall be borne by each PARTY based upon where the work is required (i.e., whether the work is required in the COUNTY’s or CITY’s jurisdiction). 7. DELETE the existing Exhibit “A” and REPLACE it with a revised Exhibit “A”, attached to this Amendment as Exhibit “A-1” and incorporated into County Contract No. 20-946 by this reference. 8. The Recitals of this Amendment No. 1 are incorporated into the Agreement by this reference. 9. Except as amended by this Amendment No. 1, all other terms and conditions of County Contract No. 20- 946 shall remain the same. 10. This Amendment No. 1 may be executed by the Parties in counterparts, all of which together shall constitute a single agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Amendment No. 1 (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment No. 1 upon request. 11. This Amendment No.1 to the Agreement, County Contract 20-946, is effective on the date it is approved and signed by both Parties, and shall conclude upon satisfaction of the terms identified in paragraph 3.16 of the Agreement or on December 31, 2025 (whichever occurs first). IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 by their authorized signatories below. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel Andy Silao, P.E.Brendon Biggs, Director Date Date Date SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO (Print or type name of corporation, company, contractor, etc.) By Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:Name Robert D. Field SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title City Manager Lynna Monell Clerk of the Board of Supervisors of San Bernardino County (Print or Type) By Dated: Deputy Address 290 North D Street San Bernardino, CA 92401   Packet Pg. 406 Standard Contract Page 1 of 4 EXHIBIT A-1 DESCRIPTION AMOUNT SAN BERNARDINO COUNTY SHARE CITY OF SAN BERNARDINO SHARE Construction (including contingencies)$4,875,000 $4,130,000 $745,000 All Other Costs such as design, survey, CEQA compliance, construction engineering, inspection and County overhead $1,240,000 $1,070,000 $170,000 TOTAL $6,115,000 $5,200,000 $915,000   Packet Pg. 407   Packet Pg. 408   Packet Pg. 409   Packet Pg. 410   Packet Pg. 411   Packet Pg. 412   Packet Pg. 413   Packet Pg. 414   Packet Pg. 415   Packet Pg. 416 SAN BERNARDINO COUNTY 40TH STREET AND OTHER ROADS MILL AND OVERLAY AND ADA RAMPS Work Order No.: H14922 & H14924 San Bernardino County City of San Bernardino City of San BernardinoLegend: DEPARTMENT OF PUBLIC WORKS City of San Bernardino W 40th St W 48th St W 40th St W 41st StMountain DrN 3rdAveN E StN F StCedar DrN 4thAveW 45th St N I StW 49th St W Hill Dr W Reservoir DrCypress DrN Magnolia DrN Orange DrElectric AveNorthpark Blvd Reconstruct ADA Ramp Overlay Mill and Overlay (County/City Shared Road) New ADA Curb Ramp N 1stAveH StCottage DrKrause PlARROWHEAD FARMS AREA Mill and Overlay Johnson St   Packet Pg. 417 1 0 9 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Establish a “No Parking Anytime” Parking Restriction on both sides of the Median Island along Windsor Drive between Gilbert Street and Baseline Street (Ward 2) Recommendation: Adopt Resolution No. 2023-024 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys or Portions Thereof...” to establish a “No Parking Anytime” zone on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street. Background The Traffic Engineering Section of the Public Works Department received numerous complaints from the San Bernardino Police Department to evaluate the safety of vehicles traveling along Windsor Drive between Gilbert Street and Baseline Street. It was reported that vehicles parked on top of the median and along both sides of the island can result in through traffic being involved in a potential collision with vehicles parked on the wrong side of the roadway. Discussion Windsor Drive between Gilbert Street and Baseline Street is designated as a collector arterial in the City Circulation Plan. Windsor Drive is a two-lane divided roadway with prima-facie speed limits of 25 MPH. The intersection of Windsor Drive and Baseline Street is a signalized intersection that provides access to the commercial areas along Baseline Street in the easterly and westerly direction. The intersection of Windsor Drive and Gilbert Street is a T-intersection with a one-way stop controlled in the northbound direction that provide access to Anton Elementary School and San Bernardino County facilities. Single family residential units are   Packet Pg. 418 1 0 9 7 located along both sides of Windsor Drive. The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed parking restrictions to the City’s Public Safety and Human Relations Commission (PS&HR) at its December 12, 2022, meeting. The Commission has recommended the establishment of the “No Parking Anytime” zone on both sides of Windsor Drive between Gilbert Street and Baseline Street. 2021-2025 Strategic Targets and Goals This project is consistent with Key Strategic Target and Goal No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Approval of this item will enhance safety of the traveling public along this stretch of roadway. Fiscal Impact The estimated cost to installing the parking restriction signs is $2,000. Sufficient funding is included and available in the adopted FY 2022/23 Budget in Traffic Signs and Markings program account. Conclusion Adopt Resolution No. 2023-024 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys or Portions Thereof...” to establish a “No Parking Anytime” zone on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street. Attachments Attachment 1 – Resolution No. 2023-024 Attachment 2 – Location Map Ward: Second Ward Synopsis of Previous Council Actions: None   Packet Pg. 419 Resolution No. 2023-024 Resolution 2023-024 February 1, 2023 Page 1 of 3 1 9 7 7 RESOLUTION NO. 2023-024 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART, “A RESOLUTION OF PROHIBITING PARKING UPON CERTAIN DESIGNATED STREETS, ALLEYS OR PORTIONS THEREOF…” TO ESTABLISH A “NO PARKING ANYTIME” ZONE ON BOTH SIDES OF THE MEDIAN ISLAND ALONG WINDSOR DRIVE BETWEEN GILBERT STREET AND BASELINE STREET WHEREAS, the Traffic Engineering Division of the Public Works Department has received and evaluated the request to install traffic control on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street; and WHEREAS, the City now desires to install traffic control through the posting of “No Parking Anytime” with tow away restriction signs located on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street; and WHEREAS, any determinations made by the City Engineer to implement parking restrictions for areas greater than 50 feet in length, require approval from the Mayor and City Council; and WHEREAS, these roadways have been previously been designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and WHEREAS, installation of traffic control in the form of “No Parking Anytime” on these roadway segments will enhance traffic safety at these locations. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.For the purpose of establishing a No Parking Anytime, Tow Away Zone pursuant to San Bernardino Municipal Code Section 10-16.020 on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street, Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section one, Subsection (40) Windsor Drive is amended by adding Subsection “A”, to read as follows: “(40) Windsor Drive   Packet Pg. 420 Resolution No. 2023-024 Resolution 2023-024 February 1, 2023 Page 2 of 3 1 9 7 7 (A) along the median island between Gilbert Street and Baseline street, applicable to both sides” SECTION 2.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 3.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 421 Resolution No. 2023-024 Resolution 2023-024 February 1, 2023 Page 3 of 3 1 9 7 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. 2023___, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 422 Location Map WINDSOR DRIVE MEDIAN AND LEFT SIDE OF ROAD PARKING RESTRICTIONS FROM GILBERT ST TO BASELINE ST   Packet Pg. 423   Packet Pg. 424   Packet Pg. 425   Packet Pg. 426 1 0 9 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Adoption of Ordinance No. MC-1608 (Annexation 28) (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1608 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 January 18, 2023, Ordinance No. MC-1608 was introduced, read by title only, and had further reading waived by the Mayor and City Council. 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   Packet Pg. 427 1 0 9 8 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 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 It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1608 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-1608 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services Attachment 3 – Exhibit B – Description of Territory Attachment 4 – Project Location Map Ward: Fifth 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   Packet Pg. 428 1 0 9 8 maintenance, services, and expenses with respect to Community Facilities District No. 2019-1. 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. December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, 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.” January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001 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. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522.   Packet Pg. 429 Ordinance No. MC-1608 1 1 8 2 7 ORDINANCE NO. MC-1608 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 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 January 18, 2023, at the time and place specified in said published and mailed notice, the 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 City Council adopted resolutions entitled "Resolution of the 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 within the District on   Packet Pg. 430 Ordinance No. MC-1608 2 1 8 2 7 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 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 _______, 2023.   Packet Pg. 431 Ordinance No. MC-1608 3 1 8 2 7 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 432 Ordinance No. MC-1608 4 1 8 2 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 Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2023. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2023 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 _____, 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 433 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. 434 EXHIBIT B 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. 28 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0348-111-51 Verdemont Ranch 20 LLC   Packet Pg. 435 MAGNOLIA AVEGARFIELD STMEYERSR D OHIO AVE CYPRESS AVEBELMONT AVE LITTLE LEAGUE DROHIO ST ^_KENDALLDR PALM AVEBELMONT AVE OHIO AVE WALNUT AVECAMBRIDGE AVEMEYERS RD CAJO N BLVD £¤66 §¨¦15 §¨¦215 ·|}þ138 ·|}þ18 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 28 PROJECT MAP   Packet Pg. 436 1 1 0 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Adoption of Ordinance No. MC-1610 (Annexation 30)(Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1610 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 January 18, 2023, Ordinance No. MC-1610 was introduced, read by title only, and had further reading waived by the Mayor and City Council. 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   Packet Pg. 437 1 1 0 0 contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. 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 It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1610 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-1610 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services Attachment 3 – Exhibit B – Description of Territory Attachment 4 – Project Location Map Ward: Fifth 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. 438 1 1 0 0 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. December 7, 2022 Mayor and City Council adopted Resolution No. 2022-267, 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.” January 18, 2023 Mayor and City Council adopted Resolution No. 2023-006 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. 30), and adopted Resolution No. 2023-007 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 30); and introduced Ordinance No. MC-1610 amending Ordinance No. MC-1522.   Packet Pg. 439 Ordinance No. MC-1610 1 1 8 5 3 ORDINANCE NO. MC-1610 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 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 January 18, 2023, at the time and place specified in said published and mailed notice, the 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 City Council adopted resolutions entitled "Resolution of the 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 within the District on   Packet Pg. 440 Ordinance No. MC-1610 2 1 8 5 3 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 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 _______, 2023. Helen Tran, Mayor City of San Bernardino   Packet Pg. 441 Ordinance No. MC-1610 3 1 8 5 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 442 Ordinance No. MC-1610 4 1 8 5 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2023. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2023 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 _____, 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 443 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. 444 EXHIBIT B 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. 30 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0261-182-43 California Cajun Properties, LLC   Packet Pg. 445 RED SKY AVE PALM AVECA BLE CREEK CHANNELAPPALOOSA AVEKENDALL DRL I T T L E L E A G U E DR VERDEMONT RANCH RD§¨¦215 ^_ ·|}þ18 WATERMAN AVE28TH ST PARKDALE DR 34TH ST KENDALLDR PALM AVEBELMONT AVE OHIO AVE WALNUT AVECAMBRIDGE AVEMEYERS RD CAJO N BLVD ·|}þ259 £¤66 ·|}þ210 §¨¦15 §¨¦215 £¤66 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 30 PROJECT MAP   Packet Pg. 446 1 1 0 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Adoption of Ordinance No. MC-1611 (Annexation 32) (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1611 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 January 18, 2023, Ordinance No. MC-1611 was introduced, read by title only, and had further reading waived by the Mayor and City Council. 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   Packet Pg. 447 1 1 0 1 contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. 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 It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1611 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-1611 (Ordinance Levying Special Taxes) Attachment 2 – Exhibit A – Description of Services Attachment 3 – Exhibit B – Description of Territory Attachment 4 – Project Location Map 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 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. 448 1 1 0 1 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. December 7, 2022 Mayor and City Council adopted Resolution No. 2022-266, 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.” January 18, 2023 Mayor and City Council adopted Resolution No. 2023-008 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. 32), and adopted Resolution No. 2023-009 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 32); and introduced Ordinance No. MC-1611 amending Ordinance No. MC-1522.   Packet Pg. 449 Ordinance No. MC-1611 1 1 8 7 6 ORDINANCE NO. MC-1611 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 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 January 18, 2023, at the time and place specified in said published and mailed notice, the 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 City Council adopted resolutions entitled "Resolution of the 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 within the District on   Packet Pg. 450 Ordinance No. MC-1611 2 1 8 7 6 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 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 _______, 2023. Helen Tran, Mayor City of San Bernardino   Packet Pg. 451 Ordinance No. MC-1611 3 1 8 7 6 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 452 Ordinance No. MC-1611 4 1 8 7 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 Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2023. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2023 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 _____, 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 453 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. 454 EXHIBIT B 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. 32 is currently comprised of ten (10) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0266-021-17 S.B. Universal Self Storage LLC 0266-021-18 S.B. Universal Self Storage LLC 0266-021-27 S.B. Universal Self Storage LLC 0266-021-32 S.B. Universal Self Storage LLC 0266-021-33 S.B. Universal Self Storage LLC 0266-021-34 S.B. Universal Self Storage LLC 0266-021-38 S.B. Universal Self Storage LLC 0266-021-39 S.B. Universal Self Storage LLC 0266-021-40 S.B. Universal Self Storage LLC 0266-021-41 S.B. Universal Self Storage LLC   Packet Pg. 455 R E D SKY AVE PALM AVECAJO N BLVD WASHINGTON ST IRVINGTON AVE LITTLE LEAGUE DR KENDALL DR IN D USTRIAL P K W Y £¤66 §¨¦215 ^_ ·|}þ18 WATERMAN AVE28TH ST PARKDALE DR 34TH ST KENDALLDR PALM AVEBELMONT AVE OHIO AVE WALNUT AVECAMBRIDGE AVEMEYERS RD CAJO N BLVD ·|}þ259 £¤66 ·|}þ210 §¨¦15 §¨¦215 £¤66 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 32 PROJECT MAP   Packet Pg. 456 1 1 0 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Irrevocable Agreement to Annex No. 2023-372 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-025 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 3835 June Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Background On November 10, 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 3835 June Street (APN: 0267-021-02) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands. In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly   Packet Pg. 457 1 1 0 2 to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing industrial use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within June Street, fronting the subject parcel. LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO, if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. 2021-2025 Strategic Targets and Goals The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Economic Growth and Development - Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,300 for the sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-025 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 3835 June Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 - Resolution No. 2023-025 Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map Attachment 4 - Exhibit C - Application Ward:   Packet Pg. 458 1 1 0 2 Sixth Ward Synopsis of Previous Council Actions: September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 to the providing of sewer services outside of City boundaries.   Packet Pg. 459 Resolution No. 2023-025 Resolution No. 2023-025 February 2, 2023 Page 1 of 3 1 9 9 7 RESOLUTION NO. 2023-025 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY LOCATED WITHIN THE UNINCORPORATED TERRITORY AT 3835 JUNE STREET, SAN BERNARDINO, CALIFORINA; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, John Camarena and Magdalena Lagos, husband and wife as joint tenants, the owners of the property located in an unincorporated area at 3835 June Street, San Bernardino, California, also known as Assessor’s Parcel Number 0267-021-02, have requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owners requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 3835 June Street, Assessor’s Parcel Number 0267-021-02, more fully described as follows: The North 82 feet of the South 166 feet of Lot 50, Tract No. 2946, in the unincorporated area of the County of San Bernardino, State of California, as per Plat recorded in Book 40 of Maps, Pages 82 to 84, inclusive, records of said County.   Packet Pg. 460 Resolution No. 2023-025 Resolution No. 2023-025 February 2, 2023 Page 2 of 3 1 9 9 7 SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2022-372, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 461 Resolution No. 2023-025 Resolution No. 2023-025 February 2, 2023 Page 3 of 3 1 9 9 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. 2023-___, adopted at a regular meeting held on the ___ day of _______ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 462 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee pursuant to Gov't Code §§ 27383, 6103 (Space above for Recorder’s use) IRREVOCABLE AGREEMENT TO ANNEX No. 2023-372 This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 1st day of February, 2023; by and between John Camarena and Magdalena Lagos, husband and wife as joint tenants, hereinafter referred to as “OWNERS,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNERS and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, OWNERS hold title to the one parcel, APN 0264-021-02-0000, located at 3835 June Street, San Bernardino, California, and parcel is further described as follows: The North 82 feet of the South 166 feet of Lot 50, Tract No. 2946, in the unincorporated area of the County of San Bernardino, State of California as per Plat recorded in Book 40 of Maps, Pages 82 to 84, inclusive, records of said County. with Assessor’s Parcel Number: 0267-021-02 (“Property”). WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNERS desire to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNERS’ heirs, successors and assigns.   Packet Pg. 463 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ NOW, THEREFORE, the Parties hereto agree as follows:   Packet Pg. 464 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ SECTION I OWNERS AGREE: a. To consent to the annexation of the Property to the CITY. OWNERS agree to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNERS and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNERS and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO and allow CITY to make application on behalf of the OWNERS and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNERS acknowledge and agree that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNERS or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may   Packet Pg. 465 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNERS to provide for alternative service. i. OWNERS agree to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris. j. OWNERS shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNERS’ parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNERS securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNERS acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the   Packet Pg. 466 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.   Packet Pg. 467 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO Approved By: OWNERS __________________________________ _______________________________ City Manager Signature ______ John Camarena __________ Name __________________________________ City Attorney _______________________________ Signature Attested By: ____ Magdalena Lagos Name __________________________________ Genoveva Rocha CMC, City Clerk   Packet Pg. 468 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)   Packet Pg. 469 IRREVOCABLE AGREEMENT TO ANNEX NO. 2023-372 LAFCO SC # _____ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)   Packet Pg. 470 Exhibit B Vicinity Map Irrevocable Agreement to Annex 2023-372 (Ward 6)   Packet Pg. 471 EXHIBIT C   Packet Pg. 472 1 1 0 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim 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. 33, Tax Zone No. 34 (GWS #7) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-026 of the Mayor and City Council 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. 33) 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   Packet Pg. 473 1 1 0 3 special tax upon properties within the District which provides 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. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and 2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and 3. Maintenance of streets, including pavement management; and 4. 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 9.27 gross acres of a zoned industrial property. The property is located at the northeast intersection of Lena Road and E Norman Road. At build out, this development will include an industrial warehouse building as a new Tax Zone, No. 34, 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. 34), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,943 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $2,785 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $158 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached 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   Packet Pg. 474 1 1 0 3 at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, 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 March 15, 2023. 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 $25,814 from Special Tax A to be used to pay for maintenance costs. In 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   Packet Pg. 475 1 1 0 3 subdivision maps, as well as other undeveloped property within the boundaries of the CFD. 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 It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-026 of the Mayor and City Council 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. 33) and authorizing the levy of a special taxes therein. Attachments Attachment 1 – Resolution of Intention No. 2023-026 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E – Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Third 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   Packet Pg. 476 1 1 0 3 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. 477 Resolution No. 2023-026 Resolution No. 2023-026 February 1, 2023 Page 1 of 4 2 0 0 4 RESOLUTION NO. 2023-026 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. 33) 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. 2019-81 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. 478 Resolution No. 2023-026 Resolution No. 2023-026 February 1, 2023 Page 2 of 4 2 0 0 4 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. 33, 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, March 15, 2023, 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. 479 Resolution No. 2023-026 Resolution No. 2023-026 February 1, 2023 Page 3 of 4 2 0 0 4 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 15, 2023, 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 __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 480 Resolution No. 2023-026 Resolution No. 2023-026 February 1, 2023 Page 4 of 4 2 0 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. 2023-___, adopted at a regular meeting held on the _ __ day of _____ __ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 481 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. 33 is currently comprised of twelve (12) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0280-171-13 GWS #7 Development LLC 0280-171-14 GWS #7 Development LLC 0280-171-15 GWS #7 Development LLC 0280-171-16 GWS #7 Development LLC 0280-171-18 GWS #7 Development LLC 0280-171-19 GWS #7 Development LLC 0280-191-05 GWS #7 Development LLC 0280-191-06 GWS #7 Development LLC 0280-191-07 GWS #7 Development LLC 0280-191-08 GWS #7 Development LLC 0280-191-09 GWS #7 Development LLC 0280-191-10 GWS #7 Development LLC   Packet Pg. 482 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. 483 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. 484 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. 485 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. 486 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. 487 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. 488 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. 489 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. 490 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. 491 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. 492 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. 493 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 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 34 PM 20392 Item Description Estimated Cost 1 Landscaping $9,119 2 Lighting $6,800 3 Streets $5,677 4 Reserves $1,808 5 Admin $2,410 Total $25,814 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 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1 Tax Zone 34. TAX ZONE 34 (CONTINGENT SERVICES) PM 20392 Item Description Estimated Cost 1 Streets $462 2 Admin $1,000 Total $1,462 TAX ZONE 34 FY 2023-24 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $2,785 $158   Packet Pg. 494 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE 34 FY 2023-24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $2,785 $158   Packet Pg. 495 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 320 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 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. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $347 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC   Packet Pg. 496 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 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. 497 City of San Bernardino 15 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. 498 City of San Bernardino 16 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. 499 0280-191-050280-191-060280-191-070280-191-080280-191-100280-171-150280-171-140280-171-130280-171-180280-171-190280-171-160280-191-09NORMANRDLENA RDANNEXATION MAP NO. 33COMMUNITY 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 34^_£¤66·|}þ18·|}þ330·|}þ0§¨¦215·|}þ259·|}þ38·|}þ210§¨¦10£¤66£¤66THIS 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 2022-23.-LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)34 TAX ZONE34THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS _______ DAY OF _______, 20 ____,AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNTOF $_____________. CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTYBY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATEEXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;500 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;501 EXHIBIT E   Packet Pg. 502   Packet Pg. 503   Packet Pg. 504   Packet Pg. 505   Packet Pg. 506   Packet Pg. 507 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;508 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;509 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 33) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 1, 2023 adopted its Resolution No. 2023-___, 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, March 15, 2023 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 March 15, 2023 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: ____________, 2023 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2023   Packet Pg. 510 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 33 (March 15, 2023) 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 GWS#7 Development, LLC 9.27 10 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: If by mail, place ballot in the return envelope provided, and mail no later than March 1, 2023, 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. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, 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 March 15, 2023. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 511 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): GWS#7 Development, LLC Attn: Scott Morse 901 Via Piemonte, Suite 175 Ontario, CA 91764 0280-171-13, -14, -15, -16, -18, -19, 0280-191-05, -06, -07, -08, -09, -10 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 February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 33 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__. Scott Morse Executive Vice President Signature Print Name Title   Packet Pg. 512 EXHIBIT H&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;513 CE NTRAL AV E FOISY STNORMAN RD CLEVENGER DRLENA RDSUNNYSIDE AVEORANG E SHOW RD ^_ £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYNINTH 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 PACIFIC ST CEDAR AVETIPPECANOE STCENTRAL AVE SAN BERNARDINO AVE MT VERNON AVENORMAN RD PENNSYLVANIA AVEWATERMAN AVECITRUS AVE ACADEMY STMT.VIEW AVECOLTON AVEREDLANDS BLVD MIL L ST§¨¦215 §¨¦10 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 33 PROJECT MAP   Packet Pg. 514 1 1 0 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim 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. 34, Tax Zone No. 35 (Clean Energy Fuel) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-027 of the Mayor and City Council 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. 34) 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   Packet Pg. 515 1 1 0 4 tax upon properties within the District which provides 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 streetlights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including pavement management; and 3. 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 6.36 gross acres of a commercial property. The property is located at the northwest intersection of E Central Ave and S Tippecanoe Ave. At build out, this development will include a clean energy fueling station and establish Tax Zone No. 35 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. 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. 35), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $726 per acre for FY 2023/24. This tax rate includes a Maximum Special Tax A of $533 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $193 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached 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%. Exhibit “H”, attached [A1] to the staff report, is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA. To annex property to CFD No. 2019-1 pursuant to the provisions of California   Packet Pg. 516 1 1 0 4 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 March 15, 2023. 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 $3,727 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. 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   Packet Pg. 517 1 1 0 4 It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-027 of the Mayor and City Council 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. 34) and authorizing the levy of a special taxes therein. Attachments Attachment 1 – Resolution of Intention No. 2023-027 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E – Signed Petition & Waiver Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Third 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. 518 Resolution No. 2023-027 Resolution No. 2023-027 February 1, 2023 Page 1 of 4 2 0 1 3 RESOLUTION NO. 2023-027 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. 34) 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. 2019-81 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. 519 Resolution No. 2023-027 Resolution No. 2023-027 February 1, 2023 Page 2 of 4 2 0 1 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. 34, 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, March 15, 2023, 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. 520 Resolution No. 2023-027 Resolution No. 2023-027 February 1, 2023 Page 3 of 4 2 0 1 3 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday, March 15, 2023, 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 __________ 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 521 Resolution No. 2023-027 Resolution No. 2023-027 February 1, 2023 Page 4 of 4 2 0 1 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. 2023-___, adopted at a regular meeting held on the _ __ day of _____ __ 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 522 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. 34 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0280-091-27 MLG SB Land, LLC & Grandfathers Land Holdings, LLC   Packet Pg. 523 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. 524 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. 525 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. 526 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. 527 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. 528 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. 529 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. 530 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. 531 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. 532 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. 533 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. 534 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 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 35 CUP 21-16 Item Description Estimated Cost 1 Lighting $200 2 Streets $2,497 3 Reserves $30 4 Admin $1,000 Total $3,727 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 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1 Tax Zone 35. TAX ZONE 35 (CONTINGENT SERVICES) CUP 21-16 Item Description Estimated Cost 1 Streets $348 2 Admin $1,000 Total $1,348 TAX ZONE 35 FY 2023-24 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $533 $193   Packet Pg. 535 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE 35 FY 2023-24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $533 $193   Packet Pg. 536 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 320 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 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. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $347 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC   Packet Pg. 537 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 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. 538 City of San Bernardino 15 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. 539 City of San Bernardino 16 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. 540 0280-091-27TIPPECANOE AVECENTRAL AVESUNNYSIDE AVEANNEXATION MAP NO. 34COMMUNITY 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 35^_£¤66·|}þ18·|}þ330·|}þ0§¨¦215·|}þ259·|}þ38·|}þ210§¨¦10£¤66£¤66THIS 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 2022-23.-LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)35 TAX ZONETHIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS _______ DAY OF _______, 20 ____,AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNTOF $_____________. CHRIS WILHITE ASSESSOR-RECORDER SAN BERNARDINO COUNTYBY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE35EXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;541 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;542   Packet Pg. 543   Packet Pg. 544   Packet Pg. 545   Packet Pg. 546 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;547 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;548   Packet Pg. 549 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 34) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 1, 2023 adopted its Resolution No. 2023-___, 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, March 15, 2023 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 March 15, 2023 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: ____________, 2023 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2023   Packet Pg. 550 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34 (March 15, 2023) 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 Grandfather’s Land Holdings, LLC 4.64 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: If by mail, place ballot in the return envelope provided, and mail no later than March 1, 2023, 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. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, 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 March 15, 2023. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 551 EXHIBIT G TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Grandfather’s Land Holdings, LLC Attn: Marilyn S. Walker 2182 Vista Entrada Newport Beach, CA 92660 0280-091-27 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 February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 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__. Marilyn S. Walker Manager Signature Print Name Title   Packet Pg. 552 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 34 (March 15, 2023) 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 MLG SB Land, LLC 4.64 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: If by mail, place ballot in the return envelope provided, and mail no later than March 1, 2023, 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. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 15, 2023, 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 March 15, 2023. Very truly yours, Genoveva Rocha, CMC, City Clerk   Packet Pg. 553 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): MLG SB Land, LLC Attn: Linda G. Alshuler 2182 Vista Entrada Newport Beach, CA 92660 0280-091-27 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 February 1, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 34 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__. Linda G. Alshuler Manager Signature Print Name Title   Packet Pg. 554 BILL L.WILLIAMSIRRIGATION DESIGN & CONSULTANT 2720 E. WALNUT AVE., ORANGE, CA. 92867CELL 714-309-9833, FAX 714-997-0344bill@williamsidc.com CLP.L.N89°47'10"W 809.65'P.L.N00°03'30"E 337.96'P.L.N89°45'52"W 200.00'P.L.N89°45'52"W 181.50'N00°03'30"E 76.94'P.L.N89°45'52"W 106.60''P.L.N00°03'30"E 280.00'P.L.N89°45'52"W 267.46'P.L.N00°02'52"E 522.66'CLCL LIMIT OF WORKLIMIT OF WORK LIMIT OF WORKLIMIT OF WORKLIMIT OF WORKCLS. TIPPECANOE AVE.E. CENTRAL AVE.CFD MAINTENANCE AREASE. CENTRAL AVE.TIPPECANOE7676 SF906 SF955 SF1 EASTREETSIDEWALKDRIVEWAYSTREET LIGHT1 EAPARKWAY DRAIN19842 SF1756 SF548 SF1 EA0 EA267 LFFRONTAGE338 LFMATTHEW LOSER, PE R.C.E. 63002DATEDESIGNATION:C1-9ELEVATION:1055.020'DESCRIPTION:BRASS DISK STAMPED "CITY OF SAN BERNARDINO BM C1-9" SET INTHE TOP OF THE CURB, 1 FOOT NORTHERLY OF THE NORTHWESTCURB RETURN OF BENEDICT ROAD AND TIPPECANOE AVENUE.4675 Mac Arthur Court, STE.800Newport Beach, California 92660TEL: (949) 437-1000SCALE: 1” is 30’OFF-SITE ENGINEER SEALOFF-SITE ENGINEER INFORMATIONMARKBENCH MARK:REVISIONSBYAPPR.DATEDRAWN BY:CHECKED BY:RECORDED BY:APPROVED _________________________ 2022_______________________________________CITY ENGINEER___________________________REGISTERED CIVIL ENGINEER NO. ____________CITY OF SAN BERNARDINOPublic Works DepartmentFORADDRESSACTIVITY #SHEET _______OF __________11110 E. CENTRAL AVE.CFD MAINTENANCE SITE PLAN EXHIBIT1&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;555 TIPPECANOE AVECLEVENGER DRSUNNYSIDE AVECE NTRAL AV E SANTA FE ST BENEDICT RD^_ £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYNINTH 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 PACIFIC ST CEDAR AVETIPPECANOE STCENTRAL AVE SAN BERNARDINO AVE MT VERNON AVENORMAN RD PENNSYLVANIA AVEWATERMAN AVECITRUS AVE ACADEMY STMT.VIEW AVECOLTON AVEREDLANDS BLVD MIL L ST§¨¦215 §¨¦10 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 34 PROJECT MAP   Packet Pg. 556 1 1 1 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim City Manager Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and 2. Authorize the City Manager to execute the amendment to the agreement. Background The City has had a long-standing cooperative agreement with SBCTA to operate and maintain the Santa Fe Depot for many years. There have been substantial improvements to the facility and the impact to the operations and maintenance needs to be memorialized via an amendment to the existing agreement. The San Bernardino Transit Center (SBTC) has been serving the public for approximately five years. The SBTC consists of an Omnitrans owned and operated bus facility, a separate commuter rail station which contains a crew house building, a platform that serves both the Downtown San Bernardino Passenger Rail and Redlands Passenger Rail, and a shared use parking lot to be used for the commuter rail station. The Cooperative Agreement defines the maintenance roles and responsibilities for the various portions of the SBTC. Amendment No. 7 to Cooperative Agreement 04-040 further defines those roles.   Packet Pg. 557 1 1 1 7 Discussion The Operations and Maintenance Agreement 04-040 between SBCTA and the City of San Bernardino sets forth responsibilities and obligations regarding the operations and maintenance responsibilities. This agreement is consistent with agreements between SBCTA and other cities that have a commuter rail station, wherein the cities accept responsibility for the security and maintenance of the stations within their respective jurisdiction. It is expected that the City is better suited to provide the necessary security and maintenance services for the station areas and facilities considered to be non-operating property and that the cities would benefit from greater economies of scale than SBCTA could in providing these services. 2021-2025 Strategic Targets and Goals This project is consistent with Key Goal No 1: Improved Operational & Financial Capacity. This Agreement will create a framework for spending decisions through the operation and maintenance of infrastructures built for the commuter rail stations. Fiscal Impact There is no fiscal impact with this action. Amendment further clarifies duties and responsibilities of the City of San Bernardino. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and 2. Authorize the City Manager to execute the amendment to the agreement. Attachments Attachment 1 SBCTA Cooperative Agreement Amendment No. 7 (Partially Executed) Attachment 2 Resolution 2017-255 Authorizing the Execution of Amendment No. 6 to Cooperative Agreement 04-040 Attachment 3 Resolution 2007-247 Authorizing the Execution of Amendment No. 5 to Cooperative Agreement 04-040 Attachment 4 Resolution 2006-303 Authorizing the Execution of Amendment No. 4 to Contract no. 04-040 Attachment 5 Resolution 2005-317 Authorizing the Execution of Amendment No. 3 and Ratifying Amendment No. 2 to Contract No. 04-040 Attachment 6 Resolution 2004-070 Authorizing the Execution of Amendment No. 1 to Contract No. 04-040   Packet Pg. 558 1 1 1 7 Ward: First Ward Synopsis of Previous Council Actions: December 20, 2017 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. 6 to Cooperative Agreement 04-040. July 16, 2007 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. 5 to Cooperative Agreement 04-040. September 5, 2006 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. 4 to Cooperative Agreement 04-040. September 19, 2005 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. 3 and Ratifying Amendment No. 2 Cooperative Agreement 04-040. March 15, 2004 Adopted Resolution of Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. 1 to Cooperative Agreement 04-040.   Packet Pg. 559   Packet Pg. 560   Packet Pg. 561   Packet Pg. 562   Packet Pg. 563 deposit of such notice into the United States Mail. Each such notice shall be sent to the respective Party at the address indicated below or to any other address as the respective Parties may designate from time to time by a notice given in accordance with this Section. Parties shall notify each other of any contact information changes within ten (10) business days of the change. To San Bernardino County To City of San Bernardino Transportation Authority 1170 W. 3 rd Street, 2 nd Floor Vanir Tower, 290 North D Street San Bernardino, CA 92410-1715 San Bernardino, CA 92401 Attn: Management Services Attn: Cory S. Hod2.es Email: depot(iil2osbcta.com Email: hod2.es co(@sbcity.org Phone: (909) 884-8276 Phone: 909.384.5027 Copy: General Counsel Copy: City Attorney Email: gencounsel�gosbcta.com Email: IN WITNESS WHEREOF, the authorized parties have signed below; SAN BERNARDINO COUNTY TRAN RT T AUTHORITY Board President APPROVED AS TO FORM By:��f­;,� General Counsel Date: !Je&1� ;M,,2)-.----"=-----==---=-=---.,___e___.:_-----""--=.ctc-1--=-....;;...;;;.-- CITY OF SAN BERNARDINO By:---------­Charles McNeely Interim City Manager Date: ------------ APPROVED AS TO FORM By: Date: Sonia R. Carvalho City Attorney ------------SBCTA CONTRACT NO. 00-1000076, LEGACY CONTRACT NO. 04-040 5   Packet Pg. 564 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-255 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 (SANTA FE DEPOT) AND THE EXECUTION OF AN OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY TRANSIT AUTHORITY AND OMNITRANS REGARDING THE SAN BERNARDINO TRANSIT CENTER. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute Amendment No. 6 to Cooperative Agreement 04-040, attached hereto as Exhibit "A" and incorporated herein. SECTION 2. The City Manager is hereby authorized to execute an Operations and Maintenance Agreement (Agreement No. 17-100166), attached hereto as Exhibit "B" and incorporated herein. 1   Packet Pg. 565 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT 04-040 (SANTA FE DEPOT) AND THE EXECUTION OF AN OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE SAN BERNARDINO COUNTY TRANSIT AUTHORITY AND OMNITRANS REGARDING THE SAN BERNARDINO TRANSIT CENTER I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th day of December 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS X(S) VALDIVIA X SHORETT X(M) NICKEL X RICHARD X MULVIHILL X NAYS ABSTAIN ABSENT Georgeann 1 mia, CMC, C _ Clerk The foregoing Resolution is hereby approved this 20'h day of December 2017 J R. Carey DaVernardinoMayor City of San Approved as to form: Gary D. Saenz, City Attorney Lm u   Packet Pg. 566 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2007-247 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXEUTE AMENDMENT NO.5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLINK STATION AND SANTA FE DEPOT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute Amendment No.5 to the Cooperative Agreement with San Bernardino County Transportation Commission SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04-040. A copy of Amendment Number 5 to the Cooperative Agreement is attached as Exhibit" 1 " and is incorporated herein. III III III III III 18 19 20 21 22 III 23 24 25 III III III III III 26 III 27 III 28   Packet Pg. 567 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.5 TO COOPERATIVE AGREEMENT 04-040 BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO REGARDING THE SAN BERNARDINO METROLlNK STATION AND SANTA FE DEPOT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regulanneeting thereof, held on the 1n... day of T1I1 y 2007, by the following vote, to wit: Council Members: AYES NAYS ABST A1N ABSENT ESTRADA X X BAXTER BRINKER X DERRY X KELLEY X JOHNSON X MC CAMMACK ----..lL 2007. JJ MdJuu\edffJll) ~ City Clerk ) r.t The foregoing resolution is hereby approved this t 1 . day of July tric J. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN, City orney By:   Packet Pg. 568 2007-247 EXHIBIT 1 AMENDMENT NO.5 TO COOPERATIVE AGREEMENT 04-040 between the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION and CITY OF SAN BERNARDINO TIDS AMENDMENT NUMBER 5 to Cooperative Agreement 04-040 is hereby made and entered into and effective this 6th day of June, 2007, by and between the SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION (hereinafter referred to as "SANBAG") and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY. WHEREAS, SANBAG and CITY previously entered into Cooperative Agreement 04-040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number I to Cooperative Agreement 04-040 amending Exhibit "G" to reflect an increase in the SANBAG frnancial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04-040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non-Leased Space Expenses; and WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04-040 identifying the roles and responsibilities, including frnancial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink station; and WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality (CMAQ) funds for the multi-level parking structure project; and WHEREAS, in June 2006, the SANBAG Board approved additional CMAQ local match funds as part of the Fiscal Year 2006/2007 Budget; and A040405-mab.doc 37907000   Packet Pg. 569 e WHEREAS, in August 2006, the SANBAG Board approved an increase in local funds necessary to match the approved amount of CMAQ funds, resulting in a total project budget of $8,063,775; and WHEREAS, the CITY has completed the design of the parking structure to the 90% level and determined that additional funding will be necessary. NOW, THEREFORE, it is agreed that Section 6.10 of Cooperative Agreement 04-040 is replaced as set forth below: VI COMMUTER RAIL STATION 6.10 Permanent Multi-Level Parking Structure Funding. Funding for the Permanent Multi-Level Parking Structure in the amount of $11,563,775 ($7,138,860 CMAQ, 924,915 LTF Rail, and $3,500,000 in Rail Asset Revenue) has been identified as being available. CITY shall be responsible for any and all actions required for the obligation and receipt of the $7,138,860 in CMAQ funds approved for this project. Upon the execution of Amendment Number 3 SANBAG has provided CITY with $103,230 as the local match for CMAQ funds approved for PS&E and environment clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining CMAQ funds to SANBAG. Within thirty (30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of L TF Rail in the amount of $821,685. The $3,500,000 in Rail Asset Revenue shall be paid to CITY within thirty (30) days of receipt of a monthly invoice for construction management and construction expenses. CITY shall copy SANBAG on all requests for reimbursement of CMAQ funds. Upon project close-out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty (30) days of project close- out, CITY shall return to SANBAG any unspent local match funds. All other terms and conditions contained in SANBAG Cooperative Agreement 04-040 as previously amended by Amendments 1, 2, and 3 shall remain in full force and effect. A040405-mab.doc 37907000   Packet Pg. 570 IN WITNESS THEREOF, the authorized parties have signed below: Date:7 I I Date:7-/4'-07 Approved as to form: j-~ es F. Penman Attorney   Packet Pg. 571 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 2006-303 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment Number 4 to Cooperative Agreement with San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot, Contract No. 04-040. A copy of Amendment Number 4 to Cooperative Agreement is attached as Exhibit "I", and is incorporated herein. III III III III III III 22 III 23 III 24 III 25 III 26 27 28 III III   Packet Pg. 572 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 4 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS SANBAG) FOR THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day of September ,2006, by the following vote, to wit: Council Members:AYES NAYS ABSTAIN ABSENT ESTRADA 1L- BAXTER x 13 VACANT 14 DERRY 15 KELLEY 1L- 1L- 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHNSON x MCCAMMACK x L City lerk The foregoing resolution is hereby approved this 1-fIL day of September, 2006. 7,WXn/,c:. w ay McCammack, Mayor Pro Tern City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By:   Packet Pg. 573 EXHIBIT 1 2006-303 AMENDMENT NUMBER 4 TO COOPERATIVE AGREEMENT 04-040 between the SAN BERNARDINO COUNTY TRANSPORT A nON COMMISSION and CITY OF SAN BERNARDINO THIS AMENDMENT NUMBER 4 to Cooperative Agreement 04-040 is hereby made and entered into and effective this 2nd day of August, 2006, by and between the SAN BERNARDINO COUNTY TRANSPORT A nON COMMISSION (hereinafter referred to as "SANBAG") and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY"), with regard to the San Bernardino Metrolink station and Santa Fe Depot located in the CITY. WHEREAS, SANBAG and CITY previously entered into Cooperative Agreement 04-040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the San Bernardino Metrolink station and the rehabilitation of the Santa Fe Depot; and WHEREAS, in March 2004, SANBAG and CITY approved Amendment Number I to Cooperative Agreement 04-040 amending Exhibit "G" to reflect an increase in the SANBAG financial contribution for the rehabilitation of the Santa Fe Depot; and WHEREAS, in September 2004, SANBAG and CITY approved Amendment Number 2 to Cooperative Agreement 04-040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Santa Fe Depot Common Area and Non-Leased Space Expenses; and WHEREAS, in October 2005, SANBAG and CITY approved Amendment Number 3 to Cooperative Agreement 04-040 identifying the roles and responsibilities. including financial obligations, between SANBAG and CITY for the design and construction of a temporary parking lot and a multi-level parking structure at the San Bernardino Metrolink station; and WHEREAS, in October 2005, the SANBAG Board approved an additional allocation of Congestion Mitigation and Air Quality (CMAQ) funds for the multi-level parking structure project; and WHEREAS, in June 2006, the SANBAG Board approved additional CMAQ local match funds as part of the Fiscal Year 2006/2007 Budget. NOW, THEREFORE, it is agreed that Section 6.10 of Cooperative Agreement 04-040 is replaced as set forth below: A040404-mab.doc 37907000   Packet Pg. 574 2006-303 VI COMMUTER RAIL STATION 6.10 Permanent Multi-Level Parking Structure Funding. Funding for the Permanent Multi-Level Parking Structure in the amount of $8,063,775 ($7,138,860 CMAQ and $924,915 LTF Rail) has been identified as being available. CITY shall be responsible for any and all actions required for the obligation and receipt of the 7,138,860 in CMAQ funds approved for this project. Upon the execution of Amendment Number 3 SANBAG has provided CITY with $lO3,230 as the local match for CMAQ funds approved for PS&E and environment clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining CMAQ funds to SANBAG. Within thirty (30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of $821 ,685. CITY shall copy SANBAG on all requests for reimbursement of CMAQ funds. Upon project close-out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty (30) days of project close-out, CITY shall return to SANBAG any unspent local match funds. All other terms and conditions contained in SANBAG Cooperative Agreement 04-040 as previously amended by Amendments 1,2 and 3 shall remain in full force and effect. IN WITNESS THEREOF, the authorized parties have signed below; ERNARDINO COUNTY SPORTATI N COMMISSION CITY OF. SAN BERNARDINO 4;W~~~~ rtdy McCammack, Mayor Pro Tern Date:11lt 7, ;),/)00 Date: ~. 7.::l. () 0 Co Approved as to form:Approved as to form: e Sf. ru~ SANBAG Counsel 7.~ es F. Penman ty Attorney A040404-mab.doc 37907000   Packet Pg. 575 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-317 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 3 AND RATIFYING AMENDMENT NUMBER 2 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040 BE. IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment Number 3 to Cooperative Agreement 04- 040 with San Bernardino Associated Governments (SAN BAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract No. 04-040. A copy of Amendment Number 3 to Cooperative Agreement is attached as Exhibit "1", and is incorporated herein. SECTION 2.The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. Amendment Number 2 to SANBAG Cooperative Agreement 04-040, by letter dated September 1, 2004, attached and incorporated herein as Exhibit "2", is hereby ratified by the Common Council. III III III III III   Packet Pg. 576 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 3 AND RATIFYING AMENDMENT NUMBER 2 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor i t and Common Council of the City of San Bernardino at a ;~ g~lar meeting thereof, held on the 19thdayof September, 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA -.L.-. LONGVILLE X MCGINNIS X DERRY X KELLEY X JOHNSON -1L- MCCAMMACK X h~ City Clerk The foregoing resolution is hereby approved this Ji i-- day of September , 2005. Approved as to Form and legal content: Esther Estrada, Mayor Pro Tern City of San Bernardino James F. Penman, City Attorney J~ ~'b   Packet Pg. 577 2005-317 ORIGlNAL Exhibit II II' i, ...Il J, Il AMENDMENT NUMBER 3 TO COOPERATIVE AGREEMENT 04-040 lE l) 2 " 1\ [,/;,l\ II'~ >l~1Al THIS AMENDMENT NUMBER 3 to Agreement 04-040 is hereby made and entered into and effective this 5th day of October, 2005, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as SANBAG") and the CITY OF SAN BERNARDINO (hereinafter referred to as CITY"), with regard to the Commuter Rail Station and San Bernardino Santa Fe Depot located in the CITY. WHEREAS, SANBAG and CITY previously entered into Agreement 04-040 on December 3, 2003, specifying the roles and responsibilities for the provision of maintenance and security at the Commuter Rail Station and the rehabilitation of the Depot; and WHEREAS, in March 2004, SANBAG and the CITY approved Amendment Number I to Agreement 04-040 amending Exhibit "G" to reflect an increase in the SANBAG contribution for the rehabilitation of the depot; and WHEREAS, in September 2004, SANBAG and the CITY approved Amendment Number 2 to Agreement 04-040 changing the address for SANBAG and revising the timing in which SANBAG and CITY pay for Common Area Expenses and Non-Leased Space Expenses; and WHEREAS, both SANBAG and CITY recognize the shortage of available parking at the Commuter Rail Station; and WHEREAS, on October 5, 2005, the SANBAG Board consolidated federal funding previously approved for Metrolink station parking expansion projects in the cities of Rialto and San Bernardino and approved $6,200,000 (Congestion Mitigation Air Quality funds in the amount of $5,488,860 and Local Transportation Funds in the amount of $711,140) for the construction of a Multi-Level Parking Structure to increase the number of parking spaces for the San Bernardino Commuter Rail Station; and. WHEREAS, in adopting the Fiscal Year 2005/2006 Budget, the SANBAG Board approved the expenditure of $200,000 for the construction of a temporary expansion of the San Bernardino Commuter Rail Station parking (Temporary Parking Lot) on land owned by SANBAG located west of the Mount Vernon Street Bridge; and WHEREAS, SANBAG and CITY desire to further amend the agreement in order to define the roles and responsibilities of the Parties in relation to the provision of additional parking at the Commuter Rail Station. NOW, THEREFORE, it is agreed that Agreement 04-040 is amended by adding Sections 6.05 to 6.11, inclusive, as set forth below: A040403-mab.doc 0635205   Packet Pg. 578 2005-317 VI COMMUTER RAIL STATION 6.05 Temporary Parking Lot Plans, Specifications, Environmental Clearance and Construction. SANBAG shall be the lead agency for the development of plans, specifications, and estimates (PS&E), environmental clearance and construction for the Temporary Parking Lot as identified in Exhibit "A", attached and incorporated herein to this Amendment. SANBAG shall be responsible for expenses incurred for the Temporary Parking Lot PS&E, environmental clearance and construction. SANBAG shall coordinate this project with CITY. CITY, in consideration of Section 6.08 of this Amendment, shall waive any fees required for Temporary Parking Lot plan review and approval, construction permits and inspection. 6.06 Provision of Security and Maintenance for Temporary Parking Lot. Upon completion of construction the CITY shall be responsible for the provision of security and maintenance, including maintenance of the catch basin storm water filter, of the Temporary Parking Lot. SANBAG hereby grants a license to CITY for the purpose of allowing CITY to extend its responsibilities for the provision of security and maintenance as identified in Sections 6.03 and 6.04 for the existing Commuter Rail Station to the Temporary Parking Lot. 6.07 Termination of Temporary Parking Lot Use. Unless otherwise mutually agreed to by both SAN BAG and CITY, the use of the Temporary Parking Lot and the license for the provision of security and maintenance granted to CITY by SANBAG shall terminate upon the completion of the construction of the Multi-Level Parking Structure. 6.08 Subsequent use of Temporary Parking Lot by CITY. Upon the completion of the construction of the Multi-Level Parking Structure and the termination of the use of the Temporary Parking Lot, SANBAG shall grant CITY a no-cost license to use the Temporary Parking Lot space for a staging area for the construction of the Mount Vernon Bridge replacement project. 6.09 Permanent Multi-Level Parking Structure Plans, Specifications. Environmental Clearance and Construction. CITY shall be the lead agency for the development of plans, specifications, and estimates (PS&E), environmental clearance and construction for a Permanent Multi-Level Parking Structure located on property jointly owned by SANBAG and CITY as identified as Area "c" in Exhibit "A" of Agreement 04-040 and any additional property made available for this project by CITY as part of the Santa Fe Depot District Area Development Plan; i.e., the property west of the proposed extension of Giovanola Avenue between 2nd and 3rd Streets. CITY shall coordinate this project with SANBAG. CITY shall be responsible for awarding a construction contract for the project and performing project construction management. 6.10 Permanent Multi-Level Parking Structure Funding. Funding for the Permanent Multi-Level Parking Structure in the amount of $6,200,000 has been identified as being available. CITY shall be responsible for any and all actions required for the obligation A040403.mab.doc 0635205   Packet Pg. 579 i' 2005-317 and receipt of the $5,488,860 in CMAQ funds approved for this project. SANBAG shall provide CITY with the $711,140 as the local match for the CMAQ funding. Upon the execution of this Amendment SANBAG shall provide CITY with $103,230 as the local match for CMAQ funds approved for PS&E and environmental clearance work. CITY shall provide a copy of authorization to proceed with construction with the remaining balance of CMAQ funds to SANBAG. Within thirty (30) days of receipt of such authorization, SANBAG shall provide CITY with the remaining CMAQ local match of 607,910. CITY shall copy SANBAG on all requests for reimbursements for CMAQ funds. Upon project close-out, CITY shall provide an accounting of the funds used with any remaining local match funds advanced to CITY by SANBAG clearly identified. Within thirty (30) days of project close-out, CITY shall return to SANBAG any unspent local match funds. 6.11 Provision of Security and Maintenance of Permanent Multi-Level Parking Structu1re. The CITY shall be responsible for the provision of security and maintenance of the Permanent Multi-Level Parking Structure as specified in Sections 6.03 and 6.04. All other terms and conditions contained in SANBAG Contract 04-040 as previously amended by Amendment Number 1 and Amendment Number 2 shall remain in full force and effect. IN WITNESS THEREOF, the authorized parties have signed below; SAN BERNARDINO ASSOCIATED GOVERNMENTS Date: If) -/2.. /OS CITY OF SAN BE~D~N~_ Esther Estrada, Mayor Pro Tem Date: 9" )-/IO( Approved as to form and legal content: James F. Penman City Attorney By: A040403-mab.doc 0635205   Packet Pg. 580 2005 a: W I\\\~~\t? "\ ~~ j:~:::~,:@ t:- - -: ::::: :%~:--- - --- - - - -- ---.- ~~ ~ ~~ - ~ --- --.-a -NONV'aA- II--~-'----~ \ i~":5 r..fi I CtJ Q:; , ~~;" 0 I ~ 1 .-------- n_n___=__ f ----- -- - ____ n a::t-. 0 t. t t z j"d z d 1 I IIL :f~j ~ o;[) l ~ ~!~~ U~:S'. m in Isipi t ji . I.; It !i I ! I j i ! n: a: 8. O- z, W o2'.~ a::;:: 0 z~ W" 2.~"" u - U _~ V> __ o Z .. oij i~ i VI tz w ~ a::'ii!<fI i!~:;;~ 8~~ a: ~- t;;~ P I- ~~ 2~ r~ VI~ -z .1 j:;: VI ;, @@ .. w w ~ c~ c- i2 ' 's I   Packet Pg. 581 2005-317 EK/1Jbi+ 112. /1 San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Phone: (909) 884-8276 Fax: (909) 885-4407 Web: www,sonbog,co,gov TRANSPORTATION UEA8UAEI Governments SAN BAG Working Together San Bernardino County Transportation Commission _ San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency _ Service Authority lor Freeway Emergencies September 1, 2004 Mayor Judith Valles City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 Re: Amendment No.2 to SANBAG Cooperative Agreement 04-040 Dear Mayor Valles: On December 3, 2003, the SANBAG Board approved a cooperative agreement (SANBAG Contract 04-040) with the City of San Bernardino, outlining the roles and responsibilities with respect to the provision of security and maintenance at the San Bernardino Metrolink station, the renovation of the historic Santa Fe depot and SANBAG's occupancy in the depot, and property management of the depot building. The purpose of this letter is to amend two sections that agreement. First, as SANBAG is now an occupant in the depot building and pursuant to Section 12.01 Notices to Parties, this letter provides the new address for SANBAG. Any communications or notices to should be addressed to: Executive Director San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Secondly, Sections 8.04 Common Area Expenses and Section 8.05 Non-Leased Space Expenses by deleting the reference of SANBAG paying for all costs and being reimbursed quarterly in arrears for the City's share, it being mutually agreed that both parties will contribute funds to the depot building operating fund maintained by the property management firm. The City's financial contribution shall be made to the following address: JY040901-m.b.doc . Indirect Cities of: Adelanto. Barstow, Big Bear Lake, Chino, China Hills, Colton, Fontana, Grand Terrace, Hesperia, Highiand, Loma Linda, MontclOlr, Needles', Ontario, Rancho Cucamonga. Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa Towns of: Apple Valley. Yucca Valley County of San Bernardino   Packet Pg. 582 2005-317 Amendment No.2 to SANBAG Cooperative Agreement 04-040 September 1, 2004 Page 2 San Bernardino Associated Governments c/o CityCom Real Estate Services, Inc. P.O. Box 548 Rancho Cucamonga, CA 91729 Please concur to the above revisions by signing this letter in the appropriate space. Should you have any questions or concerns, please contact Michael Bair, Director of Transit and Rail Programs at (909) 884-8276. Sincerely, Supervisor Paul Biane President MV04090 I-mag.doc Indirect   Packet Pg. 583 9 10 11 12 13 lrJirulVrlRrt:l- I OfPY 1 2 3 4 5 6 7 RESOLUTION NO. 2003-339 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITYOFSANBERNARDINOAUTHORIZINGTHEEXECUTIONOFCOOPERATIVEAGREEMENT04-040 BETWEEN SAN BERNARDINO ASSOCIATEDGOVERNMENTS (SANBAG) AND THE CITY OF SAN BERNARDINOCONCERNINGTHEMETROLINKCOMMUTERRAILSTATIONANDTHESANTAFEDEPOT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THECITYOFSANBERNARDINOASFOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, Cooperative Agreement 04-040 between SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) and the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 14 SECTION 2. The authorization to execute the above-referenced agreement is 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III   Packet Pg. 584 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-339 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF COOPERATIVE AGREEl\-IENT 04-040 BETWEEN SAN BER1"'JARDINO ASSOCIATED GOVERNMENTS (SANBAG) AND THE CITY OF SAN BERNARDINO CONCERNING THE METRO LINK COMMUTER RAIL STATION AND THE SANTA FE DEPOT. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor j t. and Common Council of the City of San Bernardino at a reg. meeting thereof, held on the day of December ,2003, by the following vote, to wit: Council Members: AYES ESTRADA X LONGVILLE X MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X NAYS ABSTAIN ABSENT t 'J- \ .'-t..- \....LC CitY-Clerk i /1.' Jj . L..G..... L.'c.. The foregoing resolution is hereby approved this ,~y ,:I day of December, 2003. Approved as to Form and legal content: By: James F. P nman, City Attorney   Packet Pg. 585 2003-339 SAN BAG COOPERATIVE AGREEMENT 04-040 THIS AGREEMENT (hereinafter the "Agreement") is hereby made, entered into and effective on the 3rd day of December, 2003, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS (hereinafter referred to as SANBAG"), and the CITY OF SAN BERNARDINO (hereinafter referred to as CITY"), with regard to the Commuter Rail Station and the Depot located in the CITY. WHEREAS, SAN BAG and the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency") previously entered into a Cooperative Agreement, SAN BAG Contract No. 93-066, dated April 26, 1993 Cooperative Agreement No. 93-066"), with regard to the design, construction, maintenance and security of the Commuter Rail Station and the Depot; and, WHEREAS, on February 15, 1999, the Agency, SAN BAG and the CITY entered into a First Amendment to Cooperative Agreement 93-066, adding the CITY as a party and specifying and clarifying certain responsibilities and obligations of the Agency, SAN BAG and the CITY under Cooperative Agreement No. 93-066; and, WHEREAS, all obligations of the parties under Cooperative Agreement No. 93-066 have either been performed to the satisfaction of the parties or will be performed pursuant to this new cooperative agreement between the CITY and SANBAG; and, WHEREAS, the Agency, SAN BAG and the CITY terminated Cooperative Agreement No. 93-066 effective December 3,2003; and, WHEREAS, SAN BAG and CITY desire to enter into this Agreement, also effective December 3, 2003, to continue to perform certain obligations with regard to the Commuter Rail Station and the Depot. NOW, THEREFORE, CITY and SAN BAG have agreed and by these presents do hereby agree to associate themselves on the following terms and conditions. I. DEFINITIONS 1.01 Definitions. As used in this Agreement, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning. a. "Operating Property" shall refer to that real property essential A04-040-mab.doc Indirect 1   Packet Pg. 586 2003-339 to railroad operations and including, but not necessarily limited to the railroad trackage right-of-way. The Operating Property is shown as AREA "B" on Exhibit "A", Property. b. "Non-Operating Property" shall refer to such real property, excluding future retail development and excluding Operating Property, on which the Commuter Rail Station is situated, and including parking lots and such other land as may be adjacent to the Commuter Rail Station and used for its functions. Non- Operating Property shall also include the Standard Platform. The Non-Operating Property is shown as AREA "A" and AREA "C" on Exhibit "A", Property. c. "Standard Platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit "B", Standard Platform. d. "Station Site" shall refer to the real property purchased from the Santa Fe Railroad and/or other persons upon which the subject Commuter Rail Station was built as more particularly set forth as described in Exhibit "A", Property. e. "Commuter Rail Station" shall refer to the commuter rail passenger terminal and all Operating Property and Non-Operating Property associated therewith. f. "SCRRA" shall refer to the Southern California Regional Rail Authority. g. "Depot" shall refer to the Santa Fe Railroad Depot Building. The Depot and its adjacent land are shown as AREA "0" on Exhibit "A", Property. II. PURPOSE OF COOPERATIVE AGREEMENT 2.01 Maintenance and Security of Commuter Rail Station. The purpose of this Agreement shall be to provide for the maintenance and security of the Commuter Rail Station on the Station Site. 2.02 Rehabilitation and Use of the Depot. The purpose of this Agreement shall also be to provide for the rehabilitation, use, maintenance and security of the Depot. III. OWNERSHIP OF PROPERTY 3.01 VestinQ of Title. The parties agree that title to the Operating Property, A04-040-mab.doc Indirect 2   Packet Pg. 587 2003-339 Non-Operating Property and the Depot is or shall be held as follows: a. SAN BAG and CITY shall hold title as tenants in common to allNon-Operating Property (excluding the Standard Platform) and the Depot and its adjacent land shown as AREA "0" on Exhibit "A", Property. b. SAN BAG shall hold title to the Operating Property. IV. TERM OF AGREEMENT 4.01 Term. The term of this Agreement shall commence on December 3, 2003 and shall continue thereafter until terminated as provided for in Section XIV, TERMINATION OF AGREEMENT. The parties agree to review the continuing needforthisAgreementeveryfive (5) years and to enter good faith negotiations on issues of concern to either party during that review. V. PROJECTS 5.01 Proiect Description. As set forth in Section II, PURPOSE OF COOPERATIVE AGREEMENT, the parties contemplate two ongoing work projects tobecoveredbythisAgreement: a. Commuter Rail Station. The ongoing use, maintenance and operation of the Commuter Rail Station. This project will be as set forth herein and in general accordance with the Commuter Rail Station Master Plan approved by the parties for the ultimate development of the various parts for the property as set forthinExhibit "C", Commuter Rail Station Master Plan. In this regard, SAN BAG reservestherighttoexpandtheCommuterRailStationtoincludeadditionalrailroadtracks and additional Standard Platforms. as necessary. b. Depot. The rehabilitation and ongoing use, maintenance and operation of the Depot. This project will be as set forth herein and in generalaccordancewiththeDepotMasterPlanapprovedbythepartiesfortheultimate development and use of the Depot property as set forth in Exhibit "0", AdaptiveReusePlan. c. The parties understand and acknowledge that Exhibit "C", Commuter Rail Station Master Plan, does not exist at the time of approval of this Agreement. The parties agree to cooperate in good faith to jointly prepare the exhibit and add it to this Agreement as soon as practicable. I'. A04-040-mab.doc Indirect 3   Packet Pg. 588 2003-339 VI. COMMUTER RAIL STATION 6.01 Reservation of Commuter Rail Parkinq. CITY shall perform appropriate planning, zoning, and permit activities to ensure that parking at the Commuter Rail Station is reserved exclusively for rail commuters during operating hours. 6.02 Parkinq Fees. The CITY may, subject to the approval of SANBAG, initially set and charge parking fees to: 1) Defray the costs of obtaining necessary permits and approvals; 2) Maintain the Commuter Rail Station and parking lot; and 3) Provide security to commuter rail patrons during operating hours. All such fees collected by the CITY shall remain the sole property of the CITY subject only to the limitations set forth above. 6.03 Maintenance of Station. CITY shall maintain the Commuter Rail Station and parking lot and shall pay for all utility services required to operate and maintain the Commuter Rail Station (excluding the Operating Property) and parking lot, excluding any costs for devices or expenses to ticket vending machines or other items necessary for maintaining the Metrolink operations. The CITY shall maintain the Commuter Rail Station as set forth in Exhibit "E", Commuter Rail Station Maintenance. The CITY shall arrange for and fund the maintenance for the Commuter Rail Station. 6.04 Station Security. CITY shall arrange for and fund the provISion of security for the Commuter Rail Station and parking lot to ensure customer and vehicle safety during commuter periods. Security shall be provided 15 minutes before the first scheduled train and end 30 minutes after the last scheduled train. Station security shall exclude any security for trains, whether while in operation, parked at or in the vicinity of the Commuter Rail Station during non-operating hours. VII. DEPOT REHABILITATION 7.01 Rehabilitation of the Depot. The CITY shall assume the lead responsibility in the preparation of the detailed construction rehabilitation plans consistent with the Depot Master Plan and for the actual construction rehabilitation contracting of the Depot. CITY shall provide or cause to be provided adequate insurance to cover all aspects of the rehabilitation process. CITY has coordinated with SAN BAG to include SAN BAG's office space plans as part of the Depot renovation project. (See Exhibit "F", SANBAG Depot Office Space Plans.) Any additional tenant improvements requested by SAN BAG will be at SANBAG's expense. The detailed construction rehabilitation plans will be coordinated with SANBAG's Representative prior to the CITY awarding any construction contracts for the rehabilitation of the Depot. Any future improvements to the Depot desired by A04-040-mab.doc Indirect 4   Packet Pg. 589 2003-339 either party must preserve the historic fabric of the Depot and must be approved by both the CITY and SAN BAG. 7.02 Fundinq of the Depot Rehabilitation Except as provided herein, the CITY shall be solely responsible for all administrative costs and rehabilitation construction expenses incurred by the CITY in the rehabilitation of the Depot. a) The CITY shall be responsible for obtaining all grant amounts shown on Exhibit "G", Funding for San Bernardino Depot Rehabilitation Project, and the CITY shall provide its share of the local match for federal grants as identified in the same exhibit. b) SAN BAG shall provide its share of local match as shown on Exhibit "G", Funding for San Bernardino Depot Rehabilitation Project. c) The CITY shall undertake all good faith efforts to obtain additional state or other grant funds for the Depot Rehabilitation. Any grant funds received will be used to reduce the amount of matching funds equally from the CITY and SANBAG. d) Rehabilitation of the East Parking Lot, shown as "East Parking Lot" on Exhibit "H", Depot Parking Layout Plan, shall be part of the Depot Rehabilitation completed by the CITY with funding included in the amounts set forth in subparagraphs (a) and (b), above. e) Notwithstanding the above, if CITY, after good faith efforts, is not able to obtain funding for the entire Depot rehabilitation project, CITY, after coordination with SAN BAG on which portion of the Depot rehabilitation to complete, shall be required to complete only so much of the agreed upon Depot rehabilitation for which funds are available. SAN BAG will use good faith efforts to assist CITY in obtaining additional funds for the Depot rehabilitation. 7 .03 Monthlv Report on Depot Rehabilitation. Commencing with the month of May 2002, SAN BAG's Representative may attend and fully participate in the CITY's monthly Santa Fe Depot Team meeting. CITY shall coordinate closely with SAN BAG's Representative concerning the process and timing of the expected certification for occupancy of SAN BAG's office space, and shall promptly notify SAN BAG's Representative when SAN BAG's office space has been certified for occupancy. 7.04 Use of the Depot After Rehabilitation. After the rehabilitation of the Depot by the CITY is completed and SANBAG's office space has been certified for occupancy, the parties agree to use the Depot as set forth in Section VIII, DEPOT USE. The use of the land in AREA "0" outside of the Depot, to the extent its use is not immediately required for an agreed upon. use of the Depot itself, shall be jointly determined by SAN BAG and CITY. A04-040-mab.doc Indirect 5   Packet Pg. 590 2003-339 VIII. DEPOT USE 8.01 SAN BAG's Office Space in Depot. Upon completion of the Depot rehabilitation and after SAN BAG's office space has been certified for occupancy, the parties agree that SAN BAG shall have the exclusive right to occupy the approximately 22,235 sq. ft. of second floor space ("SANBAG's Space") shown as SAN BAG's Space on Exhibit "F", SAN BAG Depot Office Space Plans, along with the exclusive right to use the elevators and stairways providing access to the second floor. For any change in SANBAG's Space use SAN BAG shall give 90-day notice to CITY and the Property Management Firm (as defined in Section 8.10 Property ManaQement Firm), and confer with the CITY on the change. SAN BAG will not assign, sublet or allow the use of any part or all of SAN BAG's Space by any person or entity not providing direct support to SAN BAG or related to SAN BAG without CITY's prior approval. 8.02 Banquet/Board MeetinQ Room. SAN BAG shall have the exclusive and no cost use of the first floor 5,329 sq. ft. banquet space once per month on the first Wednesday of the month from 8:00 AM to 12:30 PM for SAN BAG Board meetings. Commencing upon SAN BAG's occupancy of SAN BAG's Space, SAN BAG shall provide the Property Management Firm with a schedule for future SAN BAG Board meetings every six months. Other periodic no cost use of the banquet space by SAN BAG and CITY may be requested and scheduled up to six months in advance by the Property Management Firm. The Property Management Firm shall make this space available for community meetings, banquet functions and other events at set rates (that may not be waived) to be approved by the parties' Representatives. 8.03 Utilities. Commencing upon SAN BAG occupying SANBAG's Space, SAN BAG shall pay for all utility expenses for the Depot. The parties agree that the electrical, water. sewer and gas utilities for SAN BAG's Space shall be separately metered as part of the rehabilitation of the Depot, and that SANBAG, commencing upon SANBAG occupying SAN BAG's Space, shall pay all service charges and related taxes for its use of those separately metered utilities. SANBAG shall pay for its own telephone service. SAN BAG shall pay its pro-rata share of trash removal costs at the Depot and its pro-rata share of any other utilities' costs at the Depot that are not separately metered. 8.04 Common Area Expenses. Common Area Expenses shall be apportioned to leaseable space on a per square footage basis. Commencing upon SANBAG occupying SAN BAG's Space. SAN BAG shall pay for all Common Area Expenses for. the Depot and CITY shall reimburse SAN BAG quarterly in arrears for CITY's share of the Common Area Expenses for the Depot. The CITY's share shall A04-040-mab.doc Indirect 6   Packet Pg. 591 2003-339 be 50% of the net Common Area Expenses. Net Common Area Expenses are those expenses apportioned to Non-Leased Space. The parties Representatives shall agree upon what items shall constitute the Common Area Expenses for the Depot, but such expenses shall include, but not limited to, real property insurance for the Depot, the costs for maintenance of the east parking lot, the costs for signage, security, and the costs for perimeter landscaping and lighting. The parties agree that for the first six months of SAN BAG's occupancy CITY's 50% of net Common Area Expenses for the Depot shall be considered to be $0.34 per square foot of Common Area. The parties agree the Common Area of the Depot is 146,462 square feet 12,836 square feet interior and 133,626 square feet exterior), and is shown as Common Area" on Exhibit "I", Depot Layout Plan. At the end of the first six months of SANBAG's occupancy and semi-annually thereafter, the reimbursement rate for Common Area Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Common Area Expenses for the prior six months. The Property Management Firm described in section 8.10, Property ManaQement Firm, shall be responsible for tracking the actual costs of the Common Area Expenses for the Depot. 8.05 Non-Leased Space Expenses. SAN BAG shall pay for all Non-Leased Space Expenses for the Depot, it being the intent and understanding of the parties that the tenants of Lease Space that is actually being leased will pay for its own expenses. For the purposes of this Agreement, "Non-Lease Space" is all of that space of the Depot that is shown as "Lease Space" on Exhibit "I". Depot Layout Plan, but which is not actually being leased. Commencing upon SAN BAG occupying SAN BAG's Space, CITY shall reimburse SAN BAG quarterly in arrears for CITY's fifty percent (50%) share of the Non-Leased Space Expenses for the Depot. The parties' Representatives shall agree upon what portion of the Lease Space is Non-Lease Space and upon which items shall constitute the Non-Leased Space Expenses for the Depot, including but not limited to Common Area Expenses. The parties agree that for the first six months of SANBAG's occupancy CITY's fifty percent (50%) of the Non-Leased Space Expenses for the Depot shall be considered to be $0.17 per square foot of Non-Leased Space. The parties agree the Lease Space is 36,515 square feet, and is shown as "Lease Space" on Exhibit "I", Depot Layout Plan. At the end of the first six months of SANBAG's occupancy and semi-annually thereafter, the reimbursement rate for Non-Leased Space Expenses shall be adjusted by the parties' Representatives based upon the actual costs of the Non-Leased Space Expenses for the prior six months. The Property Management Firm described in section 8.10, Property Manaqement Firm, shall be responsible for tracking the actual costs of the Non-Leased Space Expenses for the Depot. 8.06 Insurance. SANBAG shall provide its own insurance to cover SAN BAG's personal property at the Depot. CITY shall provide its own insurance to cover CITY's personal property at the Depot. SAN BAG shall provide real property insurance to cover the Depot. This cost shall be included as part of Common Area Expenses. . A04-040-mab.doc Indirect 7   Packet Pg. 592 2003-339 8.07 Parkinq. SAN BAG shall have exclusive use of the East Parking Lot, shown as "East Parking Lot" on Exhibit "H", Depot Parking Layout Plan, during normal SAN BAG business hours until such time that this parking is needed for a proposed Depot restaurant tenant in which case the CITY, after consultation with and approval by SANBAG, will provide alternative parking for SAN BAG's use. 8.08 Siqnaqe. CITY, in consultation with SANBAG, shall provide adequate signage located at the Depot. SAN BAG shall be entitled to use at least its pro-rata share of anysignage that may be provided for the Depot. CITY will work with SAN BAG on the amount of signage located on the property to be used by SAN BAG. 8.09 Other Tenants in the Depot. The Property Management Firm described in section 8.10, Property Manaqement Firm, shall be responsible for the administration of all leases at the Depot. Such administration shall include the screening and tentative selection of tenants, collection, deposit and disbursement of rents, charges, fees and deposits of any other amounts receivable. The Property Management Firm shall provide SAN BAG and CITY with justification for each proposed action and obtain the approval of SAN BAG's and CITY's Representatives prior to taking such action. SAN BAG's and CITY's Representatives shall use good faith efforts to agree on a decision within ten (10) working days, but failure to do so will not be deemed approval of the proposed action. Notwithstanding the preceding, SANBAG, after consultation with the CITY, has the exclusive right to enter into, amend or terminate all leases at the Depot, institute actions for evictions and execute notices to vacate and to take judicial proceedings, but the Property Management Firm shall make recommendations on all such actions to SANBAG. Any lease (including banquet room fees) revenue will first be applied to costs associated with the lease, then to costs of the Property Management Firm, maintenance of common areas and non-leased space and Depot property insurance costs, with any remaining balance shared equally by the CITY and SANBAG. 8.10 Property Manaqement Firm. CITY and SAN BAG agree that SANBAG shall hire a private property management firm or person ("Property Management Firm") to serve as property manager and oversee the Depot's building maintenance including all adjacent parking and banquet space and leasing of available building space and the future retail development. SAN BAG shall conduct a request for proposals ("RFP") process to locate suitable candidates for the Property Management Firm position. SAN BAG shall coordinate the RFP process with CITY's Representative and receive CITY's Representative's approval of the entire RFP process, including membership on any evaluation committee, review and approval of the selection of and contract for the Property Management Firm. SAN BAG and CITY shall equally share the compensation (including any reimbursable expenses) for the Property Management Firm. 8.11 Pro-Rata Share. The parties agree that for the purposes of this Agreement, SANBAG's "pro-rata share" shall mean sixty-four percent (64%) of the A04,040-mab.doc Indlrect 8   Packet Pg. 593 2003-339 cost or the amount of the item in question. 8.12 Future Retail Development. The parties may agree upon an area to be considered for future retail development. SAN BAG shall be responsible for managing the retail development with the assistance of the Property Management Firm. All income from such retail development shall be split fifty-fifty (50/50) between SAN BAG and the CITY, after deduction for the reasonable expenses of managing the retail development. IX FISCAL YEAR 9.01 Fiscal Year. The fiscal year of this Agreement shall begin on the first day of July each year. X. ACCOUNTING 10.01 Accountinq. Each party shall render to the other party a complete accounting of the affairs undertaken or conducted by such party pursuant to this Agreement, as of the close of business on the last day of June each year. Such accountings shall be rendered to each party to this Agreement within thirty (30) days after the close of each such year. Each party shall make its accounting books and records available to the other party at any time during the term of this Agreement upon reasonable prior written notice. Except as to manifest errors brought to the attention of the other parties to this Agreement within thirty (30) days after it is rendered, each such accounting shall be final and conclusive as to each party to this Agreement. XI. DISTRIBUTION OF PROPERTY 11.01 Distribution of Property to SANBAG. Upon any termination of this Agreement, all property owned by SAN BAG and CITY as tenants in common shall be promptly transferred to SANBAG free and clear. a. If the termination of this Agreement is by SAN BAG pursuant to Subsection "bOO of Section XIV, Termination of Aqreement, or because of a default by SAN BAG pursuant to Subsection "c" of Section XIV, Termination of Aqreement, SANBAG shall pay CITY an amount equal to the CITY's monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SAN BAG Contract No. 93-066, AOi-040-mab.doc Indirect 9   Packet Pg. 594 2003-339 dated April 26, 1993, and this Agreement. The costs and expenses of the CITY hereunder shall include all capital items, major repairs and replacements, reconstruction remodeling (excluding specifically any item contained within the Level of Maintenance and the Level of Security), payment of CITY fees, permits and processing charges, costs of construction and land acquisition costs. All such costs and expenditures shall bear interest at the rate of interest equal to the rate of earnings by the San Bernardino County Investment Pool per annum from the date paid by the CITY until paid by SAN BAG pursuant to this Section. b. If the termination of this Agreement is for any other reason, SAN BAG shall not be required to pay CITY any amounts for the CITY's monetary contributions with respect to all Phase I, Phase II and Depot rehabilitation costs and expenses paid by the CITY under the prior Cooperative Agreement, SAN BAG Contract No. 93-066, dated April 26, 1993, or this Agreement. 11.02 Income From Property. Any net income derived from the Non- Operating Property shall be applied toward CITY's costs for security and maintenance under this Agreement to the extent such costs are incurred. XII. NOTICES 12.01 Notices to Parties. Any and all notices or communications required or permitted by this Agreement or by law to be delivered to, served on, or given to either party to this Agreement by the other party to this Agreement shall be in writing and shall be deemed properly delivered, served, or given to the party so directed, to or in lieu of each such personal service, when deposited in the United States mail, first-class postage prepaid, and addressed to: Executive Director San Bernardino Associated Governments 472 North Arrowhead Avenue San Bernardino, CA 92401 City Administrator The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 Either party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other party. XIII. A04-040-mab.doc Indirect 10   Packet Pg. 595 2003-339 MISCELLANEOUS 13.01 Consents and Aqreements. Any and all consents and agreements provided for or permitted by this Agreement shall be in writing, and a signed copythereofshallbefiledandmaintainedbyeachpartyintheirofficialrecordstogether with this Agreement. Whenever consent or approval of either party is required that party shall not unreasonably withhold or delay such consent or approval. 13.02 Sole and Only Aqreement. This Agreement contains the sole and only agreement of the parties and correctly sets forth the rights, duties, and obligations of each party to the other as of December 3, 2003. Any prior agreements, policies, negotiations, and/or representations are expressly set forth in this Agreement. 13.03 Amendments. This Agreement may be amended or modified in any manner by an instrument in writing, stating the amendment or modification, signed by the parties hereto. 13.04 Severabilitv. In case anyone or more provIsions contained in this Agreement shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof; and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 13.05 Headinqs and Subtitles. Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered as interpreting this Agreement. 13.06 Attorney's Fees. In the event of any dispute hereunder or any proceedings to enforce the provisions hereof, the prevailing party in such dispute or proceeding shall be entitled to recover, among other things, all costs, reasonable attorney's fees and reasonable disbursements, regardless of whether such dispute or proceedings are handled by attorneys or employees of such party or outside counsel. Prevailing party in any dispute or proceeding" shall be the party who obtains substantially all the relief sought by such action or proceedings, regardless of whether final court judgment is entered. 13.07 Indemnitv. The parties hereto each agree to defend, indemnify, and hold harmless the other party, and its authorized agents, officers, elected officials, volunteers and employees against any and all claims arising from the party's acts, errors, or omissions and from any and all expenses (including reasonable attorneys' fees) incurred by the other party on account of any claim therefore. The costs, salary and expenses of the CITY Attorney and members of his office in enforcing this Agreement, as amended, on behalf of the CITY .shall be considered as "attorneys" fees for the purposes of this paragraph. The cost, salary and expenses of the County A04-040-mab.doc Indirect 11   Packet Pg. 596 2003-339 Counsel and members of his office in enforcing this Agreement, as amended, on behalf of SAN BAG shall be considered as "attorneys' fees" for the purposes of this paragraph. Each party shall obtain and maintain during the time this Agreement, as amended, is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other parties. 13.08 Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this Agreement, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, Central District. 13.09 Exhibits. All exhibits referred to are attached to this Agreement and incorporated by reference. 13.10 Representatives. Each party shall appoint and give the other party notice of its Representative for purposes of this Agreement. Except for specifically delegated authority, the Representatives shall have no authority to amend this Agreement or otherwise bind their respective party in any manner. 13.11 JUry Trial Waiver. CITY and SANBAG hereby waive their respective right to trial by jury and agree to accept trial by judge alone of any cause of action.. claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by either CITY against SAN BAG or SAN BAG against CITY on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship of CITY and SAN BAG, either parties use or occupancy of the Depot, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect. XIV. TERMINATION OF AGREEMENT 14.01 Termination. This Agreement may be terminated as follows: a. Mutual agreement of the parties; b. Either party may terminate this Agreement without cause by giving not less than one (1) year's notice of termination; c. Either party may terminate this Agreement with cause due to any default or breach of this Agreement by the other party hereto which has not been cured within thirty (30) days after notice of such default to the other party, or such later time as is reasonably necessary if the default cannot be reasonable cured within such thirty (30) day period. i\O~-040-mab.doc Indirect 12   Packet Pg. 597 2003-339 XV. ACCEPTANCE 15.01 Acceptance of Aqreement. The parties hereto have approved this Agreement by official actions of their respective governing bodies, accept and agree and agree to the terms set forth therein as of the date set forth above. Dtd ,)..,~a e : /"" -_?' -{i.5 SAN BE~~OO B /.v _...__. Name: Willia J. Alexander Title: President Dated:CITY OF SAN BERNARDINO By Name: Judith Valles Title: Mayor APPROVED AS TO FORM: Rig~~ounse, JAMES PENMAN, CITY Attorney A04-040-mab.doc Indirect 13   Packet Pg. 598 2003-339 XV. ACCEPTANCE 15.01 Acceptance of Aqreement. The parties hereto have approved this Agreement by official actions of their respective governing bodies, accept and agree and agree to the terms set forth therein as of the date set forth above. Dated: j)..3 -(' ~.SAN BE Title: President Dated:CITY OF SAN BERNARDINO By Name: Judith Valles Title: Mayor APPROVED AS TO FORM: pc:r 0;~ REX A.'HIN~St:E~I.. JAMES PENMAN, CITY Attorney A04-040-mab.doc Indirect 13   Packet Pg. 599 2003-339 XV. ACCEPTANCE 15.01 Acceptance of Aqreement. The parties hereto have approved this Agreement by official actions of their respective governing bodies, accept and agree and agree to the terms set forth therein as of the date set forth above. Dated:SAN BERNARDINO ASSOCIATED GOVERNMENTS By Name: William J. Alexander Title: President Dated: /)-3'03 o By APPROVED AS TO FORM: REX A. HINESLEY, SAN BAG Counsel JA A04-040-mab.doc Indirect 13   Packet Pg. 600 2003-339 Exhibit "An Property Description I A04~040-mab.c1oc Ind.1rect 14   Packet Pg. 601 r- co I W 2003-339 o~~ o u1- ~ . o a o j \"'\ i 1111 It" Ii :11 I '\ II( II!: 'Il~.. I I: I i II I : i Ii;II I i '1 I I ~ t i--~' 1 J Jb'i \ I \. i- \ ' IP. \ f c w C ~ Oi wo m Zu~" w-,. u zt. ~ w~ '" lDz" Ww tjo 0 f3o~ 0 z f5~ ~ w giinV'I-<I l....~~..c OoQ:;~ec( o:il.oJl....t=<I(...JO i5z~V1UJa:3~5I- um~t=G lXZVl~ Z ~~~a. z o I- I- Cf) o z o 0:: Z 0:: W co z Cf) 1-> 1. I q k J.. I. j" O' 4 I Iill : I!I i 11 \ 1 ~ I" : I', : I"~ . r: I. I" 1 i, I IoJ I, / .........., j', ~/-::'--' c;:.--- I _., ~.. I w 9 Oz 6 5~z w OlD 0. Z 0" w", o wIow zz..." JzVi Oow j::C 5~gj 5gj",I~ z~z w:>w 0",,,,zow 0 iQ.." I~o w 0... I< 6~g w. ~ CC( l Z W O~ ZZII: Ow Ir> 0 z(,? IreWwalf- z<( u o l l N i l i 1 ii r=:.-:. I,I I i 1 1 I I II Ii i lit Iti III 1   Packet Pg. 602 I 2003-339 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "A" Those portions of Lots 10. 11 and 12, Block 15. Rancho San Bernardino, in the City of San Bernardino. County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County described as follows: Commencing at the intersection of the east line of MI. Vernon Avenue, 82.50 feet wide and the North line of 3rd Street, 82.50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14, 1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, said intersection also being the Northwest corner of said Parcel 1; thence along the north line of said 3rd Street, North 86042'30" East, 13.47 feet to the TRUE POINT OF BEGINNING; thence leaving said north line North 2036'26" West, 249.00 feet; thence South 77005'02" East, 60.28 feet; thence South 72059'17" East, 156.88 feet; thence South 50015'26" East, 23.50 feet; thence South 89057'46" East, 37.55 feet; thence North 02029'31" West, 5.38 feet; thence North 89041 '33" East, 42.00 feet; thence South 2029'31" East, 5.38 feet; thence South 89058'17" East, 616.93 feet; thence South 0027'39" East, 121.74 feet to the north line of 3rd Street as described in Parcel 1 of said Indenture; thence South 86042'30" West, 914.48 feet along said north line to the TRUE POINT OF BEGINNING. EXCEPT THEREFROM that portion described as Parcell of that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records. Containing approximately 3.3 acres. See Sheet 2 for a plat depicting the above described property. AE 97-92 o 'JOB.~O~.1991\97.1)92\lEGAl PARKiNG lOT PARCElDOC DOC   Packet Pg. 603 ON'lllOO2003- 339 VIADUCT EXHIBIT "A" SHEET 2 OF 2 JAT. VE8NON AVENUE N2' 36'26"W 249,00' TlZ -c N:E 0 1 n () lllO 1;:0 577'05'02"E 60.28' l c o OJ V) t;j j U)O) iJ' V~ rrf t- O O"U \ rT1J> rT1;:o on l)rT1 r r 3.' o f) 41.25' l c m. j 8888 I Z Z Vl Vl Z CD 0 CD III CD N l.D 0 < Tl b N lJ1 I .b- l.D --.I lJ1 \ N VJ UJ UJ .J:>. N q UJ en en rT1 rrl :E rrl rrl , b UJ N \ N U'I --.I UJ :e b- 0 UJ U'I U'I .b- 0 CD lJ1 0 CD I KENDALL AVENUE 1L.::. _ _ _ 0 mu Z r t- O 0 Vl OJ (j) CD r ~ OJ lD 0 Z u (Jl (') J> ....J. CD ^ bJ0 - n "- -.J ['1 rT1 l\J ::urrrl U1 Z 0 CT> ::::u en tJ 0 lD VJ Z A 0 CD 0 lJ1 I CD /D1 SCALE: 1'=100' o l\J Associated Engineers, Inc. 3311 EAST SHELBY STREET' ONTARIO. CA 91764 TEL. (909) 980-1982 ' FAX: (9091 941-0891 121,74' 50' 27'39"E   Packet Pg. 604 2003-339 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "C" Those portions of Lots 1 0, and 11, Block 15, Rancho San Bernardino, in the City of San Bernardino,County of San Bernardino, State of California, per map recorded in Book 7, Page 2 of Maps in theOfficeoftheCountyRecorderofsaidCountydescribedasfollows: Commencing at the intersection of the east line of Ml. Vernon Avenue, 82.50 feet wide and the Northlineof3rdStreet. (vacated) 82.50 feet wide as described in Parcel 1 of that certain IndenturebetweentheSantaFeLandImprovementCompanyandtheCityofSanBernardinorecordedNovember14,1917 in Book 622, Page 157 of Deeds in the Office of said County Recorder, saidintersectionalsobeingtheNorthwestcornerofsaidParcel1 ; thence along the northerly line of said3rdStreet, North 86042'30" East, 13.47 feet to the POINT OF BEGINNING; thence North 86042'30"East, 546.00 feet continuing along said northerly line; thence leaving said northerly line South03017'30" East, 41.25 feet; to the beginning of a non-tangent curve concave southeasterly andhavingaradiusof360.00 feet, a radial line to the beginning of said curve bears North 36008'06"West; thence southwesterly 97.38 feet along the arc of said curve, through a central angle of15029'53"; thence South 38022'01" West, 173.49 feet to the beginning of a curve concavenorthwesterlyandhavingaradiusof255.00 feet; thence westerly 229.61 feet along the arc of saidcurve, through a central angle of 51035'27" to the beginning of a compound curve concavenortheasterlyandhavingaradiusof125.50 feet; thence westerly and northerly 131.42 feet along thearcofsaidcurve, through a central angle of 59059'55" to the beginning of a compound curveconcaveeasterlyandhavingaradiusof288.00 feet; thence northerly 100.69 feet along the arc ofsaidcurvethroughacentralangleof20001'51"; thence North 10000'46" West, 155.46 feet to thePOINTOFBEGINNING. Containing approximately 2.85 acres. See Sheet 2 for a plat depicting the above described property. 1 ,," i. o 'JOA.NOHS';'~ s~.,:':?: LEG.:.t ""f~3 C MC   Packet Pg. 605 IZ 2003-339 SCALE: 1"=100' I I III II 4 r 1 I I- wl- W 0 a: W I- I- CJ) I~ 8 "0 <{ 0 L... > Ct) '-' 81~ 1 io co z POB Cf MT 1 1\ EXHIBIT "A" SHEET 2 OF 2 1 ,/ 00 / I \ '0'0/ /0 . 1//'( 1' '" I ~15'29'5~ R=3S0.00' '" L=97.3S' I I I I II- Illi 0:: l- I(/) l-g IN I I AREA "C" VERNON AVENUE I I I I I I I I I I I I I 155.46' , IW 1'110'00'46 - ~ ~- - - _ . J N8S"42'.30"E 1.3.47' Associated Engineer's, Inc. 3.311 E. SHELBY ST. ONTARIO, CAliFORNIA 91764TEL:(909)980-1982 . FAX:(909)941-0S91 K; \97092\OWC\PARCELC1.0WC   Packet Pg. 606 2003-339 Exhibit "A" Sheet 1 of 2 LEGAL DESCRIPTION AREA "0" Lying within Lots 11. 12.13. 14 and 15. Block 15. Rancho San Bernardino. in the City of San Bernardino. County of San Bernardino. State of California. as shown on a map recorded in Book 7, Page 2 of Maps in the Office of the County Recorder of said County. being a portion of Parcel 2 in a Grant Deed to San Bernardino Associated Governments recorded December 15, 1992 as Instrument No. 92-514402 of Official Records in the Office of the County Recorder of said County, described as follows: BEGINNING at the southwest corner of Parcel 3 in that certain Quitclaim Deed to the City of San Bernardino recorded April 30, 1959 in Book 4805, Page 81 of said Official Records said comer also being on the northerly line of 3rd Street. 82.50 feet wide as described in Parcel 1 of that certain Indenture between the Santa Fe Land Improvement Company and the City of San Bernardino recorded November 14,1917 in Book 622. Page 157 of Deeds in the Office of said County Recorder; thence South 86042'30" West. 536.99 feet along said northerly line; thence North 00027'39" West, 213.24 feet; thence South 90000'00" East, 511.11 feet to a point on a line that is parallel with and 15.00 feet south of the centerline of "Track P2", said point being the beginning of a non-tangent curve, concave southerly and having a radius of 1487.85 feet, a radial line of said curve to said point bears North 2029'46" West; thence Easterly 45.95 feet along said curve through a central angle of 1"46'13"; thence North 89016'27" East, 305.78 feet to the southeasterly line of said Parcel 2; thence southwesterly and westerly along the southeasterly and southerly line of said Parcel2the following three courses; thence South 36002'55" West, 174.71 feet to the beginning of a non-tangent curve concave northwesterly, a radial line through said curve bears South 40017'28" East: thence westerly 143.12 feet along the arc of said curve through a central angle of 41.00'00"; thence North 89017'28" West, 90.37 feet to the POINT OF BEGINNING. Containing approximately 3.51 acres. o \JOB.~J0I1997'S7.0S2\L~gal Area 0 DOC   Packet Pg. 607 I L I I I I v I t- I 3 ~'" I I~ I N ~~ Q. '" I ~ r~ I ~ I~ I r I Gl I I I I I I l') I I }- I 13 I I I I I I I~ I I~ I 11Q~ It60,v;. ',~, ~.~ . t;f.:.' 'I';~\\~\.\ Ic..;~ l ~.," -.~,\i. ~ \ f:r'\: .;.. 3:-;1 r,~i /~;"(/ J.I\ ,,:: I Ii'':f/. 1' .' >...."~i{j}f. Ij:!~/-- I L_' 1'/:'1 IZ SCALE: 1"=100' o z o Ct: t:9 z l Ct: Z W 52 CDQ: Q. Z t: en w 0 J: Q.:.4.r.3!,~~_ _ POB SW CORNER PARCEL .3 BK 4605 PG 81 O.R. 6=01'46'1.3" R=1487..3S' L=45.9S' 10 00,\ l>, <(; V~<c 6-. v~ AREA "0" I~ w I I I I I I EXHIBIT "A" SHEET 2 OF 2 t. ilK" STREET I I SE'L Y LINE peL 2 O.R, 92-514402 O.R. 480S-81 I Il'l I" j"/Y "/ / J/:/.', ". .1 2:,; '. 0 ., '.(- ...... .' .z. ~., . 7 -" U. ,', UES~ I~S: '4430 .,.' UCENSE EXPIRES 9/30/05 I I(/) 3: 0 to Vl I I I I I I I I I I Associated Engineer's, Inc. 3311 E. SHELBY ST. ONTARIO, CALIFORNIA 91764 TEL:(909)980-1982 · FAX:(909)941-0891   Packet Pg. 608 2003-339 Exhibit "S" Standard Commuter Rail Platform A04.-040-mab.doc Indirect 15   Packet Pg. 609 m~ II...ez o~~.. i..,\..~..J i1! ~,~ -~ i y- i!: ::~ 1 a~ UL~i 3 _ i i ... i~ HHn~ 1: i=" == S.:~ ~ i ~ f!!; !~ v I ~. ro . , f J -'- 18'- I I o. C,. .,~ ~~ q,c,. d: 8- -.-~@i\~~ . i i~ -': . i J -;!- H' rl . g! i '?; ~C' t~-~r i rf'" I j ~l 1 o S c i f I S 15 i. l~i e j i 01 .. 0/- . I ~i~1\- : I ! ~j ~:~ I. ,! ',: i::~ I ; I 0-t-f..,' i o.r ! -'- S:. 0-) 'L o :,; L lilt a I IHi J~r:\.:." ; iii t~~ -;; E O! Iz(J i 2003'-339 I zl It a: o u. 1-0 2- i~ i: 0- 0- I"''''1 :~:. J. 2:'~ e e S~ o ,_n_n J~r; I I 0'i 0 i.=' E 0- . - tJ J~ ; r .. 0- o 0- lit..... L_ i 's. o so, 0 i' 0__ E i~ 2': 1 c I? 1= gi, I ~ I; . 10'.:..1, Ie':' ri--1 !~ I..; I: i i ~ Ii ~ j; ~. z oz a_O 11( Cl-> I)~ 11 III 00 c;: Z Z Kit _01( 05=a: Z c oC 3~ c:C ~ Z a::I WCt ra ~ a I- Z~ oc(A, I) o J ~ L ii IiiI' II @;) i i oC ; I j f z o III J III oc%W~;~ Z z: c ~ I! 1 i' IiIi" !!l'I 'I-!I ili t:i i.ih .~J& &,!_ lP::!i' :: h" l_;P~h,P ii!mwli a 0 c c ~ z~ z.. z oC   Packet Pg. 610 I lI ",---- a~\ : : 0_ l5I ' t .-, I i UJi I @ li. _ I -. J : I , I I-J~': I~' I!' I qlI ~I i~ 1 ~ 'u , b(----i er i I I i r< dT! :7 - - I E 2003-339 G' IP il .:! E 2!.... r.... - i i r.Ji . i! -:' I I,J;! 1li._ . i-~ ~~-: j~'.'~ e' El 8> r-'- -.-.-.- .-r---'r E i li6@ Fz 5- I I r-T I I I i ~ ~ n tI 1 -\I l I;; : i ;-!: @"'~ , I' 1.. . , I! i 1--- 1 L i- ..,;:" 8> :[j 8 z o j: ce. i h ~ II "'"01 0: It .....1 0.1: '7 ~i I, <'- . I!j';"-: i ,;: H 1: !;~ \: Ii Ii i . ~ i ;' I I I I Z O C(~ Z I- II. ~ 0 I- ZCJ cUI OU" IE;: Z CC a_ZZ Q <C C 1=~a::E" g-cCa:Z 00 Z..._a:I-'" We" lD">II. W Z w C( E 8> j j L i If~ H Ii!J I !! II n~~l!!!J & E! d j 1 6> Z 4 ~ o oJ _ N ia~~:~ ~ ci ,..i lei lei.= I ! , & I' ' l' i/. !111! i l!~! !Ii:!f-i'lill'"1hZ ul,\!. 11""1 ,: ill~I'''I'1ii'I~!Il'I. El h!l! ilm i 0 " . zl 01t:~ UC w o   Packet Pg. 611 2003 339 i ~, \I j ~ g~ ~ I 2 .2~ :; , I 9~3 ~~ - , i 5~;:j I ::0,_ 'i ) I g ~: I ~.. ~. I < W . 7 ,I ' iI ,'. go i I, c; II N G o G ~ o 0 t: c. 2e. N u . 03u c l! z ~ ~:; r., l e:.u. ~~..f: 2 ~.. ~ ~"~I: 5 I.::r' ~ ~--_._._'~: I :... . :~.~,4 I X-..f ....ft.~ I 1;. l 71 c:: c. , 0 u L- ..-._._._.~- e o c 0 o o Q.. \...' ii ~!: z ~:::'= a:: _.:I.. r' I\o..1 : I I X. I. I uu-'~-.-'-ll Lx ~j I I~ i z o u c u ~ 8 0 c z 0 e, lei I: I': 1\' 1'[ Ii' i I c c tl ~ Il ..; 0':' .." v "-.. 1 8 ~~ j I 8 c" 1 I ~= I ' ": f 0l:lI II ..1. ", I. ~:,. ~ 1 I": ~ j...,~ ul u.: 0,0 I':;; 5 1;:; = i~ I i~ g' 0;::' 8~ 5' ( ., I .:~ j i ' I'L' g'~ c. i ~I ~ J" ~ L-- - - -'- c c e I'i ~ '~ h;li w Z wO 0_", z 0 1-;: UlCJ 0'" Z: 0Oa: a:u IE Za: a:o ILl'" a2~ Z'" Ul j 0 I~!!0 I ~.. z il~=az z" o~ I U .:. z I i ~ ~ I il Sii llil1jj i !:!~.r r 5 ! I f.S a a: a::;'C -" ,.., Ll'..:i.: .1,;;=i ! ,; I I I 1 i u! i1li i.1 i 1!1 hh:il1'~;i hil~:.~il!ji~h~nil~ l~~:lJ' i\~!!HHn.' i I i I t 0: 1 o Q. 2 . u   Packet Pg. 612 2003-339 Exhibit "C. Commuter Rail Station Master Plan A04. i- 040-mab .doc Ind rect 16   Packet Pg. 613 2003-339 Exhibit WO" Depot Adaptive Reuse Plan A04-040-mab.doc Indirect 17   Packet Pg. 614 2003-339 l- e Ll.I1. 6/ III Q:J 1.6/ Cll: 1.6/' I-~ z< c 1/)< e iZ Z 0 Q ;:' a::,< Z -J a::; Ll.I < CCl:l: 1.6/ z Ill:: I/)   Packet Pg. 615 2003-339 J Cl. a: o 9 c' z o u III JJ"Rf'" 1'- P: I! R JJr~~' 7If' 1:_11'I 8U 11 r. J... ~~: 7f' :: \1.; RF 11-'. l I . . ~ . Jl ": Q8 1. 1 0 ',; Cl.oi.u, UJ \I) 9;~L. LJ }!ii=~:;:: t~:.;~1::CiI~~'> ii' 1' ! "", ,"; </9 '~?' f:~/:.,:~f: ,8" C~\d' t~ ..~;:;:: u;, :C'" @"'""'.,;: z~',,,!:,:.5 " iilt it) il :,',' 1 f. g ti u   Packet Pg. 616 r~ \iIr ., .: .. :.- "I' I: ~ fI " ti I' I I;i \~~ h I ~ H n r,f, ro I II '\\ t\ i I '~ Ii I ~till "d ,~\ ' I I I! i' f. 1 I ' " ~1 LJ..I I tl II I 'I'i: I ~ "l- I II h t: I ,! ~n z 'I II Q I' 0::: ~ LJ..I ! Il- ii I J . , I' t: I [ Cl II LJ..I .; Ii.0::: 0::: J LJ..I I ~u.. ILJ..I II0::: 0- I II II II .. I ~ ~ I " I.It I H i! :1 H III II ' ~ HI i! I ' r JiI r I ~i I : H ~ ~ , 2003-339 IBHS )l @-1 2 i U 0 l:L w .. w . '. :1.10I \/I Q :;). IoU. . W'. I- HI.IoI .~., I.i.; w: 5..:": B;i~1 ;ii0:..... 3~-~} j H o.J:. z 5 c..   Packet Pg. 617 vi Q Q oD vi 8 i III I.U III J Z ~0 s 8 [!;~ Q u.. Z ~~ ill Z $ u~e;~ iiloh I.U I- CIl: o CIl: 11\ U o~::: ~ t:: iil i!:: In 2003-339 n f l vi Q Q r vi Q Q Q vi 11\8 o LI'l vi I:) Q J iii Q Q vi 11\ N z ~ o ' " I:; .; .. 0 z~" u lllzZ" is ill ~ l:j ~ se:illO U:fu~ zz~s ZOoSl"o ilI!:..ot I:; ~ ~ ot ~ o all..... U ;. 2.':1: o U l( s o 11\ ot u .. ... s: So~ l;;Z ~ 3B~ 0. J 11\ Z o J U o o o 1M J S o z I,jiaot 11\ ~ J .. v Z l:j o ~ 11\ ~~ z=> 11\ E o to; J o Z II 1M It I- o a..~ 1.1.1111 Qj 1.1.1 ~. l- I- a.:., z< Q o( ell o zZ .0 Q 1-, ClI=:< z...J ClI=: !:D. 1.1.1 <. 1: Z~   Packet Pg. 618 2003-339 1 c<: cz 0 c<:Vi tl o~ 5 Vl ~ ~.. Ew z c<: tL-'O- c~6~ V'lU.z w J"- L..lJ')L/.,.O 0 Q.i.Lj UoI II) HQ :) 1.1. H'.~~.: c;y :'; cc w:I:.,. :.. Z J wO 1iJ ~~E~ v ozo::!: G8C<:.u.J co..:",z V1 zti:;::~tJc= o ~~CIl.':8<OVl a5w;a~~~~~~ r-:tct~z53~tt uze:_o"-,,,o   Packet Pg. 619 2003-339 II :li o~ ~ U'l~ F'...J ::' Q 0 ~ w~~, zz~:;(i31113: \:lZ~~~~l::: ~O~!:l2?:~liI9I=;Q!!lz~<(;5 6g~~eo~ 8...~~~~lS5Z:l:!ii:5~ It0 1-:-:;1.\,.", 5 l!J t;;- tt:l~ 1:;1 o!: . z ~~s~o~zl2z81118 ~ ~ ~~ 6 ~ ~ 6 ~:~ i ~ ~ .l~~~ u<,~ o Cl.. 1oU 1.1.111) c;:) IoU JJ .~ iI.I joO' ll..:, z'" <: Q' CIl < oiJ 0.. zz e 01::"': 0( . i.u< z:. IoU ell: Z 1:: U'l i   Packet Pg. 620 J Z Jl c Cl.. I- U UJ o 0::: Cl.. 2003-339 r;j o c: E wo~ 7ii ~ i:~"" o..-~ I-~~ lQii'i:I: u:: . . 0 01' s: :: 0 III Q) "0 C aJra Q)::! c:~ ::Ju ..><0:: Qt: '01\" 0 ~~ 11J =~ ~_ oE t: ..VI_V; ClJ~ 11J> .=cr E'= e<: 0 ~ c: tt$ ~ 'C sl.:l c:"" u..c: w.J:J"'- ~ "'- ~ rc: V'J00 r::o 011J J~V1.QQ) Q)- I:~.g~~U'lVI~go..l1Jl1JlUQ)~I1J~ V'l", C--~-----Q) z c. E c.E"'U =.= 0.. v; u o Q)~U'lu~~E u 8 8 ::J...2, iE .:E u:.= 0 y.LJ,J ~".. 1.rJ . .. " .. .. U 0:: u.. 01' Vl r:: c: i::Qj Q.J E a ~ ~ 0 VlEC. g~:::JE I1J crE"'~c'i5.:E~:;2 EEE~ r::r::r:: o.. i:.E.E,2~ Cl..:::::::::iJi Cl"O"O"O..!.. 0 E l I1J l 11Je: 511J E o c. 11J,2 j ~ r::11J 0..0 U:i7i 1 o c.. w WV\ c::> w W l.I..w Q. z~ 0 ZZ 0;;.;.0 C~ i- z~. a:: cc j;;U ~ Cc:I: w a:: 4( en   Packet Pg. 621 2003-339 Exhibit "E" Commuter Rail Station Maintenance ITEM FREQUENCY Landscapellrrigation -I wice Monthly Trash Pickup Twice per Week Platform Washing Twice per Month Graffiti Removal As Needed Plumbing/Electrical Annually or As Needed Vandalism Repairs As Needed A04-040-mab.doc Indirect 18   Packet Pg. 622 2003-339 Exhibit "F" SAN BAG Depot Office Space Plans A04.-040-mab.doc Indirect 19   Packet Pg. 623 I- I i ~ I lrt,1 I ;; Ii I I ; ":. .. ~. II' I, , ~ il ~ ~; hi 6 .. ~t i Ii. ." ~ y Ii i ! i i Iii!, s 2, ~ t ! r i ff~ 5 r i w,...... r~ I "--i::: 0 I I !t2! rro I H!; li'lllI I II"I ~ a , ,:;I I01isr":III!~ Ii : H mxm: I! i i! i!l11:1 Ii Iii I IIiII,' i II l I! I il Iii II Ii m I 11 iI II ,Ii i II i I 3@"1jOC[!:~ Ii! iil'il 'I'! 'Ii -II . IIl! lid I I' I'! I1.' I . . /'.21'! IPi II II 1: S ! I 1,!l1l1 it i! I!. ,i I"i i; \, I, l,!. '111 'I h, !.J ' 1'I" - ~ 'If. ...f~ !t 8ji: I ii llli 11l1lLii itl:::::E.EE [!] ~ ~ !.II I! II ,:" 1"11 i li' 11~! Iii!! d,i Ill'l' ',"'".- ,Iii 1! j!' i!ll!! II!'!'! 'I"I 'Il Llj, :1 ll" (I" I lii.'lllll!ll !I'IWI1 ~! II! rll \f :1 i~ !i Iii ,f!iii .:Ili!' ; ill H l!llhm Un!, I I . j il'jil i1ll' 11111Ii' .,' , I I. Ill. 'iijl I ,. hi !, "! 11" ! Ii' 'lln! :!i illij!1 Iii I! II ,I 8 ;'lII11'l II! ! Ii il Ill!!; !!Miiiiiiiijjtll'! ; ; ; , '!lI'lli II"l! III Iii I . - 70Q)-3)Q. l" . !'"i! 'I' i inJ~ ii~ f ~: \ \\l\ln\l . I '- i'; .J' l ~~: i~~ \ F- _~~ l "!"~'~;~ I-=L.--H9.S:j-:::, 7--. t" -. .'.....- i"~ , ':J'~:"i~'.I. CJj , ~; ;. l a t { ~ :t 11 ~ ..... .. J t. !~.r I ~~ ; f t:I==< . . .~. I' '" t -n T ---, 1) 1""[ . ~ J___ 1.!:i I o;::rJ*'C'~-:! t I! ~[',-.._ "'1 "'~IOI 1f" ~:'1 .~ t "~:.1.' r;11f' "'j _.'t" : I' I I.,.. I ~ . "if - t Ia -j1~1 ~. J ~~t .~~ \. t _ --J.~, _. il~ I ...J.I r:.~_... :---p. t'''''''' -i:t., :,!,~ -L . I , a.t" ~ l fii ""':'_-;: II .. ,- -([' ~ 111 t,ff T" Q. ::: , l!:., ..J",I~I:: :.{t ~ @I\ . 'A~~~~ l_ ___._....:-_,.__ f":'.;i'" ~m~~l j~~~~~. -.-. -;-;: I i\ Ij~. l _j ~~l l!ct~.~:Jt"ii~=-=:==-~ _... r'1 .-:t' ,t'JI;n' ,ii (IJ '~'-~ tr II!' ,,;;(1) 5 LI I, ,\.:1 ~. P_ I ;-:~:[ . i 1:;] ~: r./ [I . Id ,.l_:~:" C I:' ...-. ~=kr -....11!~, ...l !.: 1 Ii. _~; .;! ~ct ": -I r- "'-.--:,:,,>'" l1' i.:! 1::'1 . m 1 ~, liS !ji ''':D-------- I I ltC, -;t, I, - ,t~l' I 'f ,. ,.. m . . . T'. 1,1 ;;. i! r. I' I 1.5' ;:" ,- 1 &~;-::~ ~J~~~~.-..;~~: p: IJ .tr ' ' I nl - '" I~ ., .~.It,~; J"~;' ~~; i~ rD ::,.....t, ': \ ro "", . 'r"~_ I~.~ t~'Tr.ml"I'''' ~ d '! 1J'i~~=-4 1" l"~- - '.'.' . J!~ u;~ 1 1. .+, -;::-.... ~"c; 1 'I~ '''mill c.:. . "--2~'~~1 ; d ,I.;:...... . ll '- ,('l1'1'i l' ~ , r' iiltt i I <r, ill" ~(. ~.II ::!@!. ID<tJ I j U i::'~ ~ II j)' . j!C1 _ . ,(I> ll' '- 1 F "j ';!~~.I '1@M-<tJ '..:_ ~< i .. ~ . ,,~I . I ~:.. , I Il/ 1 ffict iOC . ' 1,1 aJ./-, li~ '11<tJ11' ,(iI . i g 1:.; -,.e 1 I tl 1111 ...\ ~"""f-;": -... 'T.~ l::l 1""'.' I'~ . "~l]'N I ~ , :,;', ~ ~" I'i J ,'"- .100 ;~I' , '11'~r:r-'-::II-m. LJ '1 I ..,-- Ql:~:~i>J,ttJw ; ..!.t'OO . I:l m : lil: I ~j,,]'}j' m .I.. ..: T I "!l!i '. I f I~~.! ~ - B"I'''' ' I I.. tJ :,: u , : .... _,' I. .cr'l I '"'!,~ ~ :: I~; ii!1 i:!l 1 ,,",, . I fi?~:t J; ::, f "'\ '?~. + 1,- ~-'I, SJ' + ~~ tJ_~ ..-:->.-~ ., (j) .. 1 I .- .. CI! f 1. ~,: ~~ 'ill' T ;...t~ I'~ .~ i l~:' i~_ ; l~! ~~~';L~~j. ~, ~. I-=-..,,:..::. ~ rltl.,=.."", -<fl'@ I1l .D <tJ., 'P 11:. ~~~..::......~~___, r . c;:--~<= I II! ,.::~~ i:: 1 i j.. i I 1 - I i,; j.1 I l. " I~i ~ 0: r.i t. i i.~ t i ~; g.a~1 l... !& f- o C. IJ.l Cl 1J.lt:: u.... 1 f-f- Z~ c:> rnz 0< Z z 0:: ~ IJ.l c:c Z rn z o '" ~f- ti 15' ii ~; f- ~. z . o u 11'1";'\'111:'1../'1.1111i1iiIIIP!iij,l IIlil\:I,I:1111,"I'" "11 .11;:,:111111,:   Packet Pg. 624 1,' Pll! a;h.. IIi: s.!, ri~ ~ : i 1 lvl I I ' i t j' t. , .. : I; II 'r i ii ~ ' i 'I! I', l~; 1 1 91. ..",; ~ ~-( . J ; wi':' :.r 11' ,l,: , , I ~~. ,,~~ ~~ I '"_ ~ I I 1 i I liit' Ii iI i I i .j', I II IIp! ,i I I; l,lj :j ! ! Ii Illdl liP i 'I lh.h,1 i !llI'll - .. " " Ii ,ii; ,!I ill I I lit 11l1i! Ii I ! Iii : m:ir:;m~~ I iPj IiI,II Ill! Ill !11: . I llillnlliilllllll/illll! Ii ill) :1: U::ffii{ililf~ I. 'i'IH i '!I. Itl:]1 Ii li!!lIi il I! 1" 1,, 1 ,I I Iii i" I'I! ,i I'!i :1 i lilli', 'I illll!; 8 !: I iI h i lilllli IB a.:E~ [;: EJ ~ {I; I I . .I II ,. j; '1'1 i l!1!j:l Ill' d!i I11.". '1 ",..' ,I .. . 'I' 'IIiiiIi!, I'M Illj! i1IIIiiil!m In'l1 "ll " III .f, . I.,i'lj:lh, 'HIII"I j[ :! I'i P!!!i" .II;1.1 il III Illm UHl,l t. " ! I I- J & 0 0 . f- . Iit: I- ~ "~ Z ellt: l ~ : i0 z ..Z . .o .. f= : ~ H t: ;> ..o 5' 2 z - ~ n CD Z t: l I , f Z or.n: Z i ti "' : l ~ Itoo::> Ul g i 501 u 200 -. I~- t.t f l~~fj OJ ,~ a ;1: iii .;j j !jlli~ l~] ~'; J!jHi !~ l i iii' i! 11 ~ I ~ah; r! 1mm !;~if ..-+-- 0/ I tm...;::..: L ..' ji li_ ~l 7"-=_-__'_..-. j)".-....=: ._~.- -/~."~ ,:_ ~.~ri: ~,- . . ----. ii' "'" ','.' Ii" 'SNfe 'l .. ...'. -". ".. 11 ".a. l.-lll:! _:1 ~ i- . Ij; i.-il ;:1.._ ~ )t ,_ . _",.-._J-. ;L.';::; j l.~ . I, .,. r '- ~",." .. 1 1 III - I. i '. I. ii' / '. '1-' I~ ';' , I' ,~. iI, i ... "".:' -":..". '-.: ,.. "'-HI'!).I ? 1 '. ....__. __.:':;-J.~~"'I:'"!~.s:..I:.::. i'~- ._.......".~._.;;..;i~;~l '?~'ri ~.t l\._ _~... L ~~~~~,::.~-:~-r~-~~-~~~1 ".. -- .. l ~;. m. h .:~;~~::~~=~=i~;~lG~L ii is I .-.~".. " t': ~/ l! ~..:~~~~:::.~.-- c.~__.. : i\"'~ .J...,,-llt,~L~ct(.I.... I.'~~.:,.\;41~i------==n t ,"/ ," -I' ."7', to! ~{l +, t, '- ~: ~ ! t ~ "_~,?~ ::-:~..~.-.' _ 1 .,::rr~..t_ t ':"-~... i ~ . i <rt- ~:fE 1 "'!!':~~::':":~~~ 1~ ~ ,,1:_Lit ;jj (1, 4 '. _ ~'}'{., (~1 I! ___. ' I: .~ 1 i,~ ;'.;I ~ If - i: " (%: '(11-2 k 1-\';" I \.. t. 1."~ ~~llr;tJ\ l'f:.'-'i: l'" , ~ Jli~1:" Irr-l-:'~::'p--_"':",~ I! 1.\. :x { J. 1'[1 ~". i . Jl' rI E ,>4d. cHi.::f:9,'MS-.....L:r.-. .," V . ,I : i)_.-.-J _._. _I i - __!!i9~!tc :tf.~, .:.Y H -- , "'. .,' l~" bot' , -. CoO,: I _ ~ ..~~ f("~ ,.,' _-"'"'7:'1~{ 1. "-:. ; ....-. e: I -5~i'li~~ ~..'I , r t - --- ~.!r I -..i _.: -.. ~ . j I ,.:".1... :r '-. ~I' ~ Y-'--l' L] ,~' . f.! :r ._ I , 1 'f]:' :tJ 01 :tl: l~ - 'it:1 -.- '-r. ~ . i II ...... 'I IJ ~ ~. II,. ' f~ - l:-It.-+:r.~. - - - . a-_~ . '" 1-1i.~.'-j{ ..;.:~ +--:-:=:~._---,;'~-.~- k~.'<I!. 'l~. +--",$-"~ . ....k.:::tJ;~:r: ~.---1J;\. . ; , Jr I. -il Ij:!l"; n --..- """"":1"'": 1 ~~ ' OY. Ii ;tJ..'!._',/.i,J-..-+ I'~~i ", W~'- '--7""'"--'~-.'h_ ii~i--~iT7C~;'" ~::; C0' .. ' : . n (j;' \. / . \JY . J f .. I \ J.o" 1o' I \ . r ~ 1 . I I , .; . . V tt...., ~ ~ --:7l ..,-- --"~f~Q.; i : e!1 j_ l i '~.~ ,'-' I ,,'ljl." lJl I , ".I!I~! I I" I I I. 3~ '.' _:<t: h'''.l~ '-1"i ',. . I ,~.~. l::/ &: : lz Ti!ll' i'- '; - .... u i.l .1.' .. . . : ~" '-.. 'r <!"I :----=--- ; '\1t. i<!': r.=':_-~-':-'J ~t"'~;.~ ,,_::.-;.. :,---::..- r;- . :t., Ii I 1 ' <J' it " i Ir--'-~'._ ,,1-.., .1_ ,--I~. . . :W ., i, ,,' --!..:::rl'" !..., ~ i,'~,~ .. ~~_~,!_ -': r j! .~- - .-' --. - J'-'1t'li~f~' i i ~ j~~1 ~ I 4! . o o' e z j~ i'...:, . IiI w ~ i~i,i I~; IizI ~ i-< ,I   Packet Pg. 625 2003-339 Exhibit "G" San Bernardino Depot Grant Funding Grant Type Grant SAN BAG City Total Amount Match Match Amount TEA 6/93 $ 1.300.000 $ 168.926 $ 1 468 926 TEA 21 Demo. $ 2,462,699 $ 243.662 $ 412,588 $ 3,118.949 FT A 5309 10/00 $ 2,943286 $ 551 431 $ 184.391 $ 3679.108 TEA 11/99 $ 2,832,960 $ 367,040 $ 3,200.000 FTA 530910/01 $ 594.189 $ 74.274 $ 74.274 $ 742 737 TEA 09/02 $ 863,289 $ 232,345 $ 232,345 $ 1,327,979 TEA 09/03 $ 661,225 $ 44,388 $ 44,388 $ 750,001 Additional Local Funding $ 55,721 $ 645,862 $ 701,583 Total $ 11,657,648 $1,370,747 $ 1,960,888 $ 14,989,283 Match Committed 93-066 $ 412588 $ - Match Still Required $ 958,159 $ 1,960,888 SAN BAG Match Includes:456,976 Valley TMEE 858,050 Rail Asset Revenue 55,721 BNSF DepolF undingSpl~-mab.xls 11/2012003 8:40 AM   Packet Pg. 626 2003-339 Exhibit"H" Depot Parking Layout Plan o A04-040-mab.doc. Indirect 21   Packet Pg. 627 2003-339 if.. r~;: ifti-~ J 1 J j 1 1 j j I 1 1 I f-:-:-' . 1 I --+-- '''' r- o.' ", I .'~' r- " .' 0 ....... - L .. .. '. 8 t u< : c' '" '0 : ~ .: L- , - I" ..' ., .. ." " r-~:o:;....;..-. .' 1 I .. r:---;-';' , .' q I" o. ... .. n' " " '. j." .. ti .. ,. I ;" . '. I -----~ ' " ;' .. " I j 1 I I il E-:'l"'~ I i:-:::::-=:...... .... ~l.:.::. i.:.~'i I..,.. f=:=-~-!' - ~> '>~ :,'!:,~", o':+~ J..._.,_ ',.~J ')~-\ ,j i ii'l i. I ~ ~! I i l,'l il, J f!;:1. Hi :'. H!!~ i~i ' 1: I.pll ~., ha~ }il ' ili!!! 1\1: / Ii ~1 i u, I.I. . -;' 5 i-'. . I .~ ", i- "I' i: :' 'I l:: ,. ,- '. ;. r o I,: ~..c o~ j:: 'i~ . r: ~- : 10. :hI mj f' I 1 " t~ ~ I ihh I:.ul!: II. 1-- I. 4y J 0....., ~J" ll ., 'JJ~"":""-,__ 1 I i I ~ I 1'1 I ':1 I -' I c..--: 1.:;1 I ,I 1i : i :\ 1.;1 I I i t ,---0 Jj.g I r~,i~ 0_: ~ 0: I I C i I~ ~ ill ell a U I i!!1 i 1,"< 11":Milw :1".1 111; i!::.l I l.Ji~:' !Iii 1!' 1 j' IlIU I . i j I i _! ;! 1 ~ I ; ! ; ! I 1 : . _ ! i ; ! ~ i : I ! I i ~ ~ ~% ~ I : i ~ ~ r t I r ..,.. =: ~ I. ! r i -I i i i 1 2-,' . 'I ' "'r! ! i!: i" i "i sol i r ! I r ,. : ~ ! i ~ i. r i; I = Jr. i . i ~ ; -; ! 1 !!'.' 'r I Ii , ~ . L ... ~! d 1 I ; 1 : I' Ii i ;" i I .. I"': i !l ' I i I ! II j i ' I! I, 1 ,:! I! ~! ; Illl , Ii ! : I II 8 :' , ! I ! : ! ! .j ;~ III . " i ! i~ 1 II : I ' :! I ! I I . I IIII I, Ii I, II ! I I '; I: I I ,; : I ' , 0 , I ' I r 1 I 1111 i i ;; 'Il i: I i I i j ill 1, I I ! j: 'j I i il/ i ! II ,II :.. I , i , i I. , !, . , 1 I. . . . , I. 0'96e666e6 <!J ~ ~~':>~O!><;J O!>~ ~s ilto; :;~~"'~   Packet Pg. 628 2003-339 I i" i I ; ,.: c. i,',':!! . ii' I!' Ii, , f ~ I ' t; ., i, ,. -, ,,;' j I' _ : ' ~!: ! I';!: I i:: : ,,; i ! ii i! ; ::,:;: ' ; ri: I , , : ~! ; , .! i; ~ i; j II! i : l l,.; 1\ . I II' j ,,; i: I ; , I j I ; i; Ii; Ii' j! Ii I Ii j ; !: I ; a" ill i!';! ,,! I! . i I h. !: ,i: i ;! l , !. '" '/;' l' I ..': ' III' I .: ; ! i j , 3 _ _ ~ ? ! I i 111 ,: /1 " /1 ).0 I ~ Ie i II ! : I i; ! ii' /' I II' .' r ,. I' I I' " ., ., . . 2 ! . . ' I I , . ,i !, !; , ! : , I :. i ~; I ' I !' I ! · ! , e l! 1 / i l !. I' ". I" 'j' ., I; .' I . / . , 0<:;':><1:';0' ./ ,! III I ,I i! ,II~ '. ~ i: . t ! · r a@\:l ~ :! ~;.;:,~:~' : 1. 1 : i I; Ill; 11 t r I i: G ~ ;..!~~ IKOU (-) 1IJt<'i, us l~ - )00(\10)1'" i--_ . , l 1', .I l: I~ . 0 i'III! ~ Ii j i I I l 1 ,II 1 II!! III I 1 ~ l! " I i! . _ II il~i, i tlf Illii'il~I' 1'1' i~~'lllhl,l 1....:1 I I'lilill , I ! 1lJ II r i Ii. ~ ~t.; 0~ l. !._ I, ; \ jmnqlififll:iliilkl:~l 111"111 j!; ii~!il~e I~ I ~ ; I ~ ' l8 - ! lb~: I ~ ' I': i!::: I I' ~ ~ I u""! I ~ z I gl 0" 1 I ~ 1 z 0 J~~i I l\ d I 1! i nil'" I" I~l Hil II,.. II" " l'ill! j': :~ Ill' I , Ill!!" 'l,=!i II! I 9 II,' !t 'I Ij'll" 1~1 "ll 1 ,- ',' ,~ iHfil j~i ~ Ihi Ii   Packet Pg. 629 2003-339 Exhibit "I" Depot Layout Plan A04-040-mab.doc Indirect 22   Packet Pg. 630 2003-339 Depot Layout Plan SANBAG Space:22,235 sq. ft. Second Floor 1.271 sq. ft. Stairs and Elevator 23,506 sq. ft. Metrolink 4,546 sq. ft. First Floor Amtrak 1,201 sq. ft. First Floor Building Maintenace 440 sq. ft. First Floor East Lounge (office)820 sq. ft. First Floor East Future Tenant 5,313 sq. ft. First Floor East Annex 980 sq. ft. First Floor East Annex 980 sq. ft. Second Floor Total Leasable Space Excluding SANBAG Stairs and Elevator:36,515 sq. ft. Common Area Interior:3,850 sq. ft. Main Lobby 5,329 sq. ft. Banquet Room 1,633 sq. ft. Lobby Restrooms 2,024 sq. ft. Misc. & Circulation Common Area Exterior 133,626 sq. ft. Total Common Area:146,462 sq. ft.   Packet Pg. 631 0 r ~ iA ~ . 1', l f' ; i ::~ ~ ! ;. 2UOT 339 t:1 iZ ...."i':! i ':;; # ~; i.~:~~~' l ~i ~ of ::: co.- Jl; .....: Q) --- i ~--co-,,~' '~~-- ~ !;. Q) ~.!:~, l~.1 C ,'0" ~ii Y' ,-" " 0...":' 13" 4:: /0-r~ ' . E - ,,' d T' _ ! i ' C~'I- 1-'':' E"" EO! ,~ 00 i- i! ll~ t ~t"7~~'7'(;:; ~:-: E ~ ~ wJ I$~c-jll~;' ~r;"i I ' I u ~ ~" ....... ~,," c? ~. co -:::" ' 0' ' " t! ~ 1 1il;' "-": 0) L'. '. ~ O~-'. '" .:_' .. , I. ....-' .;-.--;:-~ I ! ~ - ~ F.:1~.~,~ :.._.Ji 4:: :::li ;. J,' '" '\C".--....:; ,I,j. _~j 'C ' l' I;; " ! j; : igl i ~~~_!!-_ ~Ji~+ J EO : .i) ~'f~' i 11/1 I C1l - ., r.""(,""w,. ,~ , ~~ l~i i :,1 II Ii . . .Ur; I; h x!. 'f;' <t "I~ E i~ii # 't1~: iF,j i~; I,: ~ ij~"'~; 1 ,- ,~..'..t" J"'" yl,. !:..!.' : e","'" i, ' 1 II"OJl:I~"'-+~;"'-':";""'- Ii,: .' '1'1 . (j; I J'.:1~ ':.;'Oar ,\,~ I lH ! hi i i II I, . ~.'=-'~ ~ ~- . -' i co I 'i;; 0 ,G ~ \j I Iii, ,Iiq; illl'; '. ,,,~' i ,;... 1 :c~.: -"l1.... I. i" 'i, '. .-;..1 ,- " i;: II I ", ~"o,l!t.~' 'II'" ,1'1'" 1iI-".!.':' _1';;1' ',n;>, I, ' It, ' 1. "" i:J I 1:.2 I" E ~If!;' L" .~~; I:f i' Ij;;,:;I>~II'I:.:II'll"!' '~~, ",' -;, 71' ,.-:,,'~f I., i ,11 I !.! II I'--'T-;-f""-"'''''=-~''~"J~ 4:: I .it """""-" 3 1 I :.;r . w, e',: 0 -," -f~'-'~ o. J: ~:=: ~ ~ ~ ~ >:!. :' I 'mil: ~ I ' . ~ I I. . iL.; i" i I:: ,j:-4i~ G--..---,! u;. ~ "h;.r.' i:i;;;!: i,,'ill: _i.~~, cr; --,- L-----,-- l-.J.fM' j'....._u,' 1;1 !un f! I!,,! i ,-:~. ~~ .~' -' .~' -- ~,~ .t.... .~.'.' ~ l H I I" ~ ~ iji, t ,.' '(:J11,.. " . . . ~ -- iC ,'I" , l I . ' I l".w I '. ,~_,', -.... ,_. l I I' ! I ""i~; I::;:;; :E'" I 1 :\lliI1 -i/'LiO :!", 16 . ' '.' . lif 1.11" Ir. !I 1 ~~ \'~ II, ; ;,: i~: t,,, Q\~~I"'/ ,.,' r'" _,'_ _. '~ L-. i' I !l '; I ) HI' ," !! i :,'. '. '" '...- '.. I; I; ld:i : dl ,Ill i i - €,--~ ill : ~ )' II, 'I:: ~;~ ~~,~~.~ 31- ~l~ l~'-'~;' ~-:'6~ l':''''~:~-~~:-':'';~-/ ~ 1 ~ l'; . ,;' 11 ", !' i:i ~ eques' I' '- j' r 3(; ,CY ~' I ' I' " , ," 4:: ii !111'I'jl'II:~ i Ii . ;' ,..' 'l!~21' ,', ci! '1"1 j' 'ill,;i . ., .' -, I' C i "II. ,I i;I.. 11" I' " " i' =!::-'--- 0 I ~:. i Iii ,:'1'1111: , I,' 1'111 II ~ ~~-;::';., -, .-:-'-:- -,: E I . , I it; <> ~ J I' t - U,....... i L,illil!il!,ll Ji' i i! "~'i' '1~' + f!">' E i ~i!;i JI',I,'H 1i!!1 ~,I!'ll.'!iil ;: : :,'!\ ... ,L lil'i'I' ot,!, ~[: 00 1 '," ... Ii ,Hll 1,,"1'" ~ ~, ..z iii, T:. '.!. ::; ~ _~ ~,' '((-:-:, r . .. ~'T..,'l-,_ t ...... I; ,. ,,' , ' i" (i)~'::"':;: ~,/'" i o f~ i' "1 II !. - 1(1l' p.ll:' ';1'1 !l!' ii' 2 t 3- h~uj ; i~ ;~,~ ~,~~! ~i4~" i l1i .! I!, !!I"!! It!!! ! I,! r 1,.,11!6 ! 1h I: Illi: 11!!Il!llll!11! " I' 'I' ,II' I"H!I'I'!'I!I~1 \,11hi. , I'! l' I. H!: !Jf ila~i:& .Ii ~ i! 11 !!! !5IW !I!;!! ! i' '.. f ! ~ .. l.~ '1- :;~. . 2 1 ; eJ; hl.l ,II'! II'I ;1. . IIi II !, I' ~; llllllllil! III 'I!;f: ';' l . II i il'. !'II' r', ' I ',.' .. II" ,', ,~ ' I i i " t r; ;} (i .~!; i ;"1 l~ I r'll'l j I' t ~l ;! ,ldi I,l,ill Ii hi I: ~l !ll~i; :j!tll ; i i j j: i' ffi, II iiii! Il!!:;; "I l ~' ,IIi! !lllllll il: H~ J!~L -~,;; - - - - ~I~~; :: l!!ii ' lll i; ! t 1: r I i ~ _ t '. "I~ f!"~ bl Z~ i 'fl'lldiis14ra . ~!~ rv'.) .., ~ il'ilm'!~;l'l'r~~ i _ t. i, ~ t:1il:: B. i ~ ~ I :r~.! 1 cr!,--"-_~ co 0)- L... 4:: 4 c O i-~~~' E E 10 11iY ;0 tl{.: I ' ! ili':<I" ! i~i J i '1 ! ~ oIJ .,~ 11' i..tl j, ,:; , ";i iro !~l I' ','j~ l..~ n! I 7 "'(' I; I ~; i t ~ i i 11 l.~ ~ i'z~~ ;:; I:~ < I ~ ~ r=--~ 1' j'1 . I l~ i:~r, c 1 1:" ~Lj j'", I -.'l~: i"; ; ~.: 1 r: 1 I l~ i ;:.. I r i i- 1 f~ I r.:: I J ~ ~ ~ :1'i-It <I f' ~ g Hjz ~ ii 3 -= ~: jz: 1"-' . ':" S l' Z ,if, ~,: I 1--:( =' ~:i 1~~1;1t5l I '1 j 1 i i 1 I s::. il J. 8: . ti:! . I I 1 I .i Ii:I, z I: j;' I'n \; Ii: " '~~ Iii! j~- fI ~; I~r" I :-::;:.::}~.;;~ I i   Packet Pg. 632 I I. I" .;.~ Q) t _. fJJ'l g LX, ljllj ~i 0.1 ~Im: -,I: I ". lot!" ,~-' - :il!U): If" 0' ! . 1: D. ~ ...J>". (1) !'i" j ! . : I ;r'" if" . - ':11 i -'. 1i;1" . ..,. .- ,._ ". 0.. ". ~; i ;'~i ~ s ;; ~ i !!! Ii t; ,,' ,~..' !., ~ .~!_~.:: l~0. ~_ HI! al1J ~ .H~,_,__' j " , ,h I \' . ' I '. 2jii"" 1;"'1. F~ 1: ~a i ~l' ~f rj ~;i J~ j:. .~..:... t. ,. : :'..~' I.~~ '.!J.; ~ l.~Jt~ ..~' r,lj i' 'II, . a I , "i I . Il~ I: ...J ",,, dl:!;., ",! 'I' ' , ~. (1)i!ii:'l;Hlij'Ji,I.',! ;', I '~n;Wnl,lilli Iii!!. :..; i. ~. ,';~ 1':~'~' ir:;: ~::;X ~ L" i:. '. @;', ! l~ ~, ~~~1;-i~ f J:';C,el ~'.l;I',,' -. ro." ~ c..("\ -", ': i~:j, i ,! I ...... ;.; o....."J,,~..dl I' i ,. I ~ T ~ . ~e ,,_10_ 't-".. ..~: .... 1, :i "' \ ';:.~, "" n..v' _i 1;;111 ! 1: ~';.,,~ ~ ~. \ e?>.c;~!:~,li. ' I : i."l. J"'" ; i.~ I I . I~J I v I' I;, .. I "';, --' ;[ tJ'. . -:;: "" . ti~ 0.1,1 " . . I "1= ',' . ' i: L I' Or~! ;...., ,-... ~_. . ' I"...... .._-;. ! ~ i 'I.. i 11 ii a 1'; i! Ii Ii ! . i ,...;. .- ~ ,. . ',.."';": I . . .., iii;iiidHiill.ii. m r~ .. - :~~ i:-!-HIz [:;~ ~ , ! ; '- ~>:'.. j -'" '~ ~ i., co i ,. I . : : -<~. "'0,.., " "'.;i'.":'~:' ii," li~; ~ iii ill '! '" 7" c' f' <:0'.$1 alh" r.: I ~ft i( Pi ill i!ili:! iI' t II ;;: o~' ~/ ql:?" ,;'.tla~ I; <( i ; L :': ! ~II~ qi:1 . E.!>... ul:?~ ~, ~ C l ~ I H. II ili 'i III! ,t Ii -~"; E,,~ Ib ' 'J ~,r&Ti' ~ 0 i..1 Hll',! lilhllllll 'l..cz-L.; ,,- 0-:1:-'" , l' .~_..t.' E 1,1!II'il, lilll'i!;'! -;:.r, '1- 0 ""~'''' '''-'.''''1,<1 ".'-:~-"'- ;t; E I" 6 It I ~ " 1 . I i! r -.. ... .-. 0 I,: ;,; Ii! 'P! IlfHl i.! ~ 11/ !=:ti:!H ;:\;1 ;, .~:i .) ;~~~: . -€...,....~" a:>edS alqeseal '! ____";.''., 0l ' .;. ~ :._. '" ,__ ," , f:'li il'''I! i, " I ~~-": ~~' OJ ,:11':-;: : I, !: t. \;!, I""i ' , . "'\ ~'II '" ' co ; hl'l~i lll,i ,:,1. I':" "' . J ".. ::~. o ~_._-'.c...,..._+."... . _/.: Hll:ll:I".r'Ii/!' . I '~~ 9=:~~'---'~-'c~~.' co~~~ I.! Ii ,!, IiI:!! jliil i ....,., ;-" ~".,......:.', d ",'o~ "". ,_' co ~_' (1) . f;; : , I..... !..! ' I'''i''!'~'' , "~~\','~ I!E :l_,~ CJ) ~~ .... g ~""..L." .. i ~ii ii Ii: ~lm II ,! I'!ilii'j ; '; ".", t,'L~, s E!'Lc .. _: <( ..E', , . H ilIl'!'~L"';' lIt. .11. tI ~-~.:::..: t.. f"-";;; '1' - &:;. , '." , , t~;., .i~l. . ~ :Ii --;-- ,1 - /.:" ::::=_.:: S.: c, _: 1 i ,-; 'llI'l! .' fI' " .'. ' , I .____".'" 0 ~ .1_. i 1'1 , ,I,..' . ! ';', '-=--=, il'I'1 :. Ii:: ,,' .i co ," - E" i~i H ii~ ;~i~;r ;,hrC'~ ..( , .~ I ---"~,&\",:> ;.... Q.) (.!:t Iii ihill E c1~ "'1..1'~ ....... . r . 'i'....!:i. ',: .. .--i.....;-'- .'_. I,' <(' ';, 0" 1 . 51. i~.! I- - 1 ... U Ii :'j ill'l! ill 11 ,:1 ~'.! . 25""-/ ).-_., ....,.. r.,. li.li ii';i iI!l'; -:.:: ". ~!'~' :; E:- ~'-----:.: _ ~~.:L 1"", _ _ ___ I ~' I II" "Ii ! i!l, .1 I, I! ,id~i ,; . -)..- -:..."":... - ': E ':! " ",,". . . I'll' ""1 ~-'---~'....,' I, Iff., 'I:l~ F:2-:,. ., iI.l'! !.! :1111', "'~' 1 ' illrl.....~' "1' 0',,;, ,,,_. i.." ...... '., _''''' ~'"'"' +~_j';;~I\I\;..,!'j" ',t! I+-,~.". 0 1.__- I''''" .. "If"_,,.,: ~ _ 1 I ~I ~il!i:lll'!njilil, ~ ci-;-~ __.,..- ~ 1 ~'h ..f: I'il";;,;;. : ' '" : , __ I "\"'lll;",lllllllll , ...... ,f ~.. .:!': ill'''h ~ p ~ p u1 'I ill, ! f,. , , , , "i ~i If !:H 1.lill i i I 11i 0 i i ,I , ii .' i It ! 1 i" , F I:.. ~ r ~ ~~- i! ~ ! 'j ~ H~ ,i " i . t~ -"1- 2003-339 U. i-; - I ... ; ~ ~ E a ~; 1 i :; ~; ~ f.. i;i;HI :f ,) ; r : ~ ~: f (I I j; ; i ~ ~ i I r~ I :\J:2~~ Ir--;.- -. eaJ\f UOW':lJOJ i ~ d :;( 6 j i.: I 1 I I.. I: j' i. f i: "."1 I... . ~.- ~.'i I ,C 1I :~': 1;;eJI j;, I j j I j i I rt , I w Ii J_, i~ i I i i. 10 I~ i5 It.:.: I L:.. -.. ; l;ooH j"z-: ; I "t' ,.. ~ ~ I v; z .: . l'~ ~ n 9,<;~ 1<:: .: ~ i z ~ ; ~ I ~ co ~ f~ : fz i I: i o l 7l; f zl.. I s I I c.. i: i 0:: I" i z i;, ! g~ I' !~~t;; ~i f 5:: i j I I J i 1l::;<:';~<;j;'r::{h'hJj;   Packet Pg. 633 i i.. i 1: '. Oi~:' ~:~ J . I;; i :. ',11' . - ..... r' i 0," i' if Pi i\t i tLG:-I t L I . ~, ~ l;,~ i,!; I;;! I :1: 'J' r ' ~. i ~- , dl nr. 4 I ! i~ ~! it ~ :I : a G~;;r (,.. Q Go - <l G jl1h!:li!!lillr ; rr~f!'~~t~i~t}~r j;' ~T I ...1ID!ili::!l:;~ l~:.. ~ ! J ~ i'! : ..:i ~ \ V t ~ ~ I rq.ia '; ;,' i \ .1>" I Ij I'w' t; ~II'I j' ,. .'I /, 'jf. i, . j'f~! f i~;li~ d..:IiI! ,'I ,'1 ii I r.! I ",i i; I ~i t.; * ~ llli'IIHIl; , t ~ \I t I..r \'. t II 4 r~ ~r f : - ;.;,.:;, I'~ - 1'0: ~~r 'i ~,,~ r.", r." h~ i i_: :=.:::::_~.~ ~ ~ ~~ ;I H j: ~; i' 'j ;r f' II' "r, . llr.:q ,: t I! ~~f~i ,j I ~~i ~~ J; ~ .~;a i;i'o. : 1, ,I'!, l'Iil I r ,r Ii, 111,11 (., , Iii, t! Hi Ii I:: i.if: ! I< I'; ~l'!lnill'"I' lil'l!!!! I'l;!I ~i' :. I,' I I . ',I i i:li~iiljld!"jl'I'!f f'~~ !I~ ft. ,Guw ~ . ~ ~ I;;;'!!II"I!!;lllr.1~ t! :~I hi~h iii;!t~ f i it ~i; i lIIl21.I. r III 11.'i' II; ir!Z'" I I ;;I!! I~i j j!!it " Il! ~'}lhII "4.::- Ij IiiI "f"U~ I _ It i. J.l . 1 ji I lfi, ill 11 i!jlj Ill';Hil, ; I !II!11; . I . . ..1,;, : ,II Ii ii, H ! !I; I '.~' ; 111 ,t i"" , , . , :,h 111111 ill , , , , ~! lt~ fi ; J ~I . t~h! If I II k.;~" !~.~ 1: ': L~' . .;: . ~ 0; .~""'.I hJ" If. .L. 'l'.'r- - -:.7 - - -l-:- - -. .J' !J.;~ ,-.-'7 - - :-:-.,....1".= . 1 s '"('f ; ~!I""1"7 ~ '.=.-= i ;.i:. L- . _". ~ . 1: w_ ~ _\--. . 1~7.r 0)1 Pl~ i !,tj, i 13' co 1!1 ~ \ l'r r- i "..,0 ~ -.' J-!l; ;';';.;-1 I!" C ~ ...., .,-J'\",,\,'"w..... co J~P: ... 7: r . ~- I) . !~.Z" - .. -:-~_'ll, :.; i r ..f :.r , ." '" df~ a.' . ,:rli.;nco ~.o..I .,:,:' 1'"t 1- ......!.....t.~ - \ J,'-; t::M::l'"'!'I-..,.:-;Il:.... It. I ; t ,n-' r. '.,. _.... ~r""'" to:.'. ,.. I f ~:.a~ t-! 'i:: .j...._r.. 1 Tt.llII ; . "'1'~. ~ I...,. "'., Ii '0 l" Ii ...... ' I -. -- J' _1' ot:;".-i-: f~~ ~'i,'f:~ j i(''-:~~t\j~~~.' --,;..CI tW~i "E:.~. 6 .!.' \ . j.I"-C1 t - - - ~ .....~.:' _ ..~ prJ- 1'. ,,::-it <1>' 1._ "' Ir" '. ~ ~"r p! . ".'.lD . Ei It '_ "' ~<L I 'f',: +,...,... .'_" i :' x'"i!J ~',":' i ./'\ ... ;:;? ''x t: l'~ . : fu. 'ti It, t+ I W I r.cz;1 ~ - '~- ...... ct' i~ :,1 = ; L$ ~ 4~ G :~[JL... ______,,"_, i Il cf~ 1 W'" ;111> I ;" @ t ,. "I~ 1,'~ : ---...-- .---I . i: ~-' J t. ;:;..-. 1 l~$ I'"ilif..j i" .,_....... ., ~;~lt I t~. II ..... 1'" . c' . , i.~ 1 ., . jj "..on .:' c,:' i!~ tD .;,' tt ~ - :.ceo: . .rt I>"~"i - , ....,.,..A" " :' 'J\_;......i C': .1., II) :; -* Q',~_.....:.._.L_ '_ .' co .. ".---1:; :.y , .J 1;'.....~- J <1l" ., ",...,i 1: .;~ ~';f, '1(1) '1 ~ {"Ji: r-' 'f . '~'h':~ .1)'_ . d"1~1' ~. : :~'1 ~;xI : . , : t , IJ~ /'. .~ I ~6 ro.i ;'~tD1- f.1j' '. '.' '" I" 1: < D:, dl:!;.,.,..... ". I ~1 -' ,~ - I"" 1 ..., I, ',; IiJ .,. I . l~' - c=:- It k.. ..;:.t; . I' J.L 2003-339 t-: II it il I ~ I I r.! l i~' I. : 0. i' I j 1 g i. i : ri: ~~ i J I! . 1 i;~V) ! 1- z j ~ :E I ,:: :J I ~',; I~ ~ 1 f ::<~~i>;i; J L." ':.:::':" I 4-J i 1t4; I r'~ ! o. t 1,;, j I I F I j 1 I I~ !~ . n :t'f ~ 5::~' i:~ i 7-.... V) I I: i i i if' Lj 1 ii~.~ :1 I i J~ r~c I~ ~ 1-~ ~ i 1 i l I l f J I I I I i i j z u. I.."... :).: J; . i .-;' iz ~ I~ ~ i ~ ." Z ~ i~ ;k. 1: z j.~   Packet Pg. 634 ii I i L'''.'' . I F; .-. n ~ ;f~ h~h J r ) ~ ZXT;: i :';. f ~ r., ;! I ,j . IJ, "I i'i " I' ,i I !, fl! 1 I fi! ; !Z ..:~ :; ",: '5 t t l f' ~ -t .. ~ r !'. .. ~ t~fi(;~';~ ~l h i If U,:! i i r '1 i1 :~ 0' ~ :'E ". J I i f ~~ i; Y. ..a 1 I'J . I ... ~ . i~ ~!~~,' " i I'" l~; l' i I;;! !,.I_l, ill I/\! 1. :tfill"@l:fR:zm. 1:-:; ;,1, t tp :~ ~ :i f !li!ij- i: lit- i!'~ d t! n; ~;!, itii.! .J, I. " fc ~~ ~i :2~ J; ~~!!!{ql Jll.l)H! t~! I~ ~i H.r! ~ il:! I,; i mli l",'l!, ; j 1'<" . r ~r w, af'ii ~~ I'':. ~li: .;~~- ~Ill 'ltf~ ~!. Ur ,~t~! ..r)- i'. 'J ~. '", I I'" , :. I'; Ol!' I' . t" ~ 1';1' r. i~! H Iii !IV.! l!ii!11r :~~ ~~'~lf.e li~~I~ l"',,~ "'tt!h ~L. I a ~.. d..V i' . ) to H ~it ~!~r;; 1~f1t~ r r~tt,' hrd r 6: tl II t, i .' ... J . .!3., z -. . I ' I' t h~Ji ; I-I:i ,~ :' 4'~! ~ 1 ~ 1 ft. lS; ~ ~ ~ Ifn'~ J~'''' .1! t ~i . .' ~~. t"~ r . ~ . = r'!~ :,~i!i~c H!'l Ii I i'~1~'" l'~'_!I,.;~,~, it~ t:.., ~ ; , , -i:i; '~i: ''',:Yi!;;;!.11'i- . .'1'....i.~;,! r!! H i;; ~.,h,:! ; ~ ; ; ;r i! ;;?~ ~H~i~ i . ~ ~ i~ i i I;!I ill! j: jI:" ;... L ":': 'I, I'" ,....'.l. r ;:~:':>.:>} I~ 1..-__ 2003-339 l. J.i ~: ":..:-..: 3 F-..- cL~,i -',,-'---'- ~ cc_~ n:" - . ~:.,.~~~~-~?~":':.;{:~..~ I J ...., I!!, "f ': CO" ._ '-F I,.~".: _ u - , f Cl.i' - 1.I.t: I II! jl,t,.. /~L. :~" ':', ';' l~' ~,. ~ "j{- ';T.1 '.11 j 1_. (j'Jo. ,~ 'i,- ~ :.1 D 1.- i 'l.....' I ',. .:.~- :;, .:~::~~1 ~ :b~': '. ij ~t ( CO -. ::in!' ;,'1.r" (i- ~ ,I~' ',1. o :, Q) , iff;, -_.; ~:}::c~-::E~l '; i l; i" ,:-.;;;..:',;) ,. " a'i.k! I;i- 1 I <.11 ~,.1if - , ,: '_0__'" " fir-i ... i, .... .. . ':"., . ~ I I! 5 '. - -, 'T" j ,1. '..I. !~. ,-;, , ~ 'li'I~' ! 'i ~/". . _ ~. . C1' f. #_ v_ ~ , I Ii ~ '.:...- (- I - "rl' ,-:..; ; .rJ"'" .. ..,$-' .~. ~ --.~f' ' r>' i~ i! I , ~.~',~."~::~~;~ L: 1 ' ,- , :.. .,.. '@l. .DC ".0-:-'. E, Z Cf) CO ~ it:, : 1 !~ 1~''-I. Il>",.;Li' "'~ II!V~-"j:!Ln"':'r dlIiil ~";.h,t:~j:~. ..:..::....{~, I J sl ~l:ol!~- c'.t! "'~ _:-....,. if![ '~'i';'.', '..2\: r;:'" I ~ :to. ,.~ :--; ..:...1 i~J..,)I~~ .... r'~ 1,':":"--- ~~Jt ~~..J~7"""-T-~-t n ,ii' H ~ j.:l . t,~i ' ill;1,,' 'I I'! "" fji';:-:~;yl.-.J;~-..--.i.-~ I~.,..:Cf, ~~ ..- .--. _,' II'1I' :; .t;', n=-, T.-:;-::-: --..l 1" "-. __:''''',1..1.--.1. 101 ~~I 11.1"'~- ..... _ O_.:;.::.;'~Z;~-.--1']~~-.';", l(; : ~;~1:1.! I,'1 ~7t~'j;..;:; .,<:. 1. I ~' I II!: ': J>~'.. ,I,.! "",,1::\ I ~ " I' r... ,'l", ...._,1d ': l!;.]l. .' - - ,J.I T--"~ ,,", '.r I l' I'I.... 0) or! -; to: ,I, . l ~ CO.. "o,f ,'_'1' '-:;,:-1 '.D f.!1l..\ I -;1 : r-_L-=?I ~TJ~~' ......: ,-.!::...~.---,-:-- s '. -"",- ,~, iI ;1 (j)' G - - - r I . . , J~.......:.__ :' =-J ".'..'"1 ,y-" ,V --, 1 ~l ..1 . 'r;' i' . i! . 1'. ~: j';':ir.:' 1_ ~ I, 1 1 ~ G-L I, Ii -' I ;~i; I' 1 l:- r f r f 1 I j-;~ I..' ;, i 0. ... i.' 0:' P...J I" _ S ~ -c 2 I:~ ~ j J. j' Ti"'- :i 1 j I i z I~ i.~ fC::: 13. cr. i I c2 i ". E! . i z:1 i I i 7, I ;~ t- z. f ~~ l   Packet Pg. 635 n__._ f!; h . ,~ l~, f'. L:~;~~-==.:"-~~ n_~ ; i" -:-:-: :~,~~: r.':'.~.: 20(}-}- --3 :J~ g :, ~ ~ i ; r ~ !i ; f 1 i ~ ~ !:: S ~ ,: jo I I . : ! ~ -I ) f I ~ t Ii. I' I ijllllll:' ,;' e!!!! i i I ! II ! r~.i~i(,'~~:L"~ L-_~: r-'IJJO'sm Qol;'~r 'os . ,..1"..:1..... I[~. ':~r I ~~,','" J I ';I - s:=: ~, 1: Z. CO =-Jl ..,. ':~ Q) ~~: l_; n' , ~ :!~' ~~ J C iJ~' \. ~::' El';~\ ;'~,~\~ -It E' I.J.O . - i~~ I 0 I ;. 111< ';:i 1"1 /' U~',:- :~.~.,. j Q "/ t' ;" ?r ~ E i ',1t...Y1.,- ;!;!' ;;; I . .. 3_,1' ~~;~ ..: l I. ..':>:--.{~~\'_, IYI ;,. ha L ~;! "'.~ E'~,~~0~' .! ,:' I S I I"' , i 0_1 I ~, I OU' il1.rl IOV'l! I ~ ~ 1 I ~ i I g:1 I 0110,% T l;;LJ~. _./ J !.,,":. r\ ,"":. if J..:,.. ." t 1t. i;; l:f if ~ it # J ~ ~ _ ~ H r ij II; i! j.! 1\: I. f J ! Ii'; i ~: ( i ! i ! ~ ;, t i! ! 1!!! j l.! 1li ii i i~ i i. f 11 i.. , i! {t I:;!, i 1 ~ H I ~ , r f. 10 ,,~ ~ Jl.L~i~ tL!. i.:"....,.;'.:ht'r(:'\: 1 ,": ji 1 ~ lii!l: H~r; 1 C""-rL L l'ii-\ ~~~. jf::; 1 'I,I! 1 s- h_ r- S" i:~ Vf~ t. . . . . II r;.:. ~ , h ~Ii:;; w:: W .\.,.; IW '. dll 0 J. tl: ~ n,:,:' i g Ii : 1;0 II' Z ~ I v ~ g: I; p:: Q1 i ~W ~ c: 11~ 1 r: 1 ~ j.t ~ i:~' J;~! I. ~, jl:. J!j__ j"I..'II . r,'.t IllI~;:i;:r ~! iU:rt~J 2': i'~~~'"'""'-'-~-1 i;~~J~:1 i:;J~!i i ili'lr:'!'II':11t1,11"11iliillll:i!II,I!; III' '11:11'.'1'1..:llj,I,'II'II!11::.:1111111'   Packet Pg. 636 LUUj jj~ t f~~:__S~~~~';~~~ t-' l~:~=-....: -=-=2:::____ or r--....~"7'~~-;::-----.;.":-, C~.,. .;..L ,. -~, c::-- I- - l ,. .,', Hr; ni;~ l4i~~' j,trjn 1 ( im~!j ~ i ~ : j\~':!;h '.'111"'" 1'\HI :t'a III . I'.==-:;::E"~ I '. I- :,:-. o.:::F6 ~ I:'.' ~-;.~~ ;J' ~ f i)~:;':j(;;~ . '.: t..... ..." -";: I I:.',:.:~."I"I"~';' :,' " :.~ 1i :~i'-I ~ r;t;~ ~ 1.-...,. ..- .~.- I~ ~;~~':::!; ~ i~: ~ . c :=;-; I;;li~:11jl:f\Hn,H :d:,:\llili!.I'I'llh I111 ,I, I'r.""'''J!1 ,"'Ii, "I,lIlllilli~~~lhl.!!J S' J~.,.. J' d)" S . l" '--. - ~_._::._n i. I i i I L. I I I I i LJ l.~ 11~ lIS j:: I - I ! J :-! V ; I j ; ! ~ I 1 ! ': " I t ~ ~ ~ i I " I i ,- .. : j . ~ . I ! ~i r ~ r i i ~t ',. 1~; I 0 'I \ . . .Ii! II il '. ;j, 1: l: H I i l l ! . ; , ,.... 1 ;i 01 ',' I ; t :. t ~ j ,.i a f f ; - ~ ' t t .: I . ~ r ., !;! t. )" 1 ~ 9 i , ! I : !: \; i II.:', '.! III j ; ! I' l ! : ! . I ' I I i I !! I !: 1, ': 0" - I; :", : I :: ; ; .; ; ( z. .. ..' .% v ~I I 'to I .. ,I!.. to. i . ~~ I ~ I ~ i I i j II: Ii ,. ! , , I 'I ;U :~ fll I ;: i i I I ' j i j ; 1 ;, I, :; j ! j 1 0 :1 · 1'0 ; ~'o. '. I l i i ~ I :; n I: , Ii! ; n ! 1\ ~ ~ i .i; ! ; i . H B.. .. .. .. .. . , . '- I: I' oS':' .. ,..~.. ,- t),~.,o;:;, !,_:-,<t'.~I~' 0€;66'30eeS ~) I!) ~...,,:J~~1'l ~.=- ;.. .' "... I Iil i i 1 z g ~ l.o.l ~ ~ 3 g: lIOi;l ....., I H~ u i::', E::-~ lo::: r~~~~':::' f; 0: 1:i.~~~~ h'! .. C... 'I 2J" I~ a;: 0 1 UJ Ii: II'lll0I; Z ~ I~, i~ ~ 16: i It I t u:""~ I l i t I   Packet Pg. 637 AJbdv1LUfut 2 1 2 RESOLUTION NO. 2004-70 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO 5 METRO LINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COllNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 4 directed to execute on behalf of said City First Amendment to Cooperative Agreement with 10 9 11 San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink 12 Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract 13 No. 04-040. A copy of said First Amendment to Cooperative Agreement is attached as Exhibit 14 A" , and is made a part hereof. 15 16 SECTION 2. The authorization to execute the above First Amendment to Cooperative 17 Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days 18 of the passage of this resolution. 19 III 20 III 21 22 23 24 25 26 27 28   Packet Pg. 638 2004-70 t 1 2 3 4 5 6 7 RESOLUTION ..... . AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS SANBAG) FOR THE SAN BERNARDINO METRO LINK COMMUTER RAIL ST A TION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg.meeting thereof, held on the 15thdayof March 8 2004. by the following vote, to wit: 9 Council Members:AYES NAYS ABSTAIN ABSENT 10 ESTRADA x 11 12 13 LONGVILLE x MC GINN IS x x DERRY 14 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 21 22 x x x l~ h{'~ City Clerk The foregoing resolution is hereby approved this -1 "'"7M _ day of March 2004. 23 24 J dith Valles, Mayor ty of San Bernardino 25 Approved as to 26 form and legal content: 27 JAMES F. PENMAN, City Attorney 28 A By: ~r-- t, f~~ o   Packet Pg. 639 EXHIBIT "A" First Amendment to Cooperative Ae:reement 04-040 THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT No. 04-040 is hereby made and entered into and effective on the 3rd day of March, 2004, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SANBAG") and the CITY OF SAN BERNARDINO ("the CITY"). WHEREAS, the CITY and SANBAG entered into a Cooperative Agreement, SANBAG Contract 04-040, datcd December 3, 2003, with regard to the San Bernardino Metrolink Conunuter Rail Station and the San Bernardino Santa Fe Depot; and WHEREAS, Paragraph 7.02 Funding for the Depot Rehabilitation recites financial responsibilities of the CITY and SANBAG and references the amounts in Exhibit "G" as being the local financial contributions from each party; and WHEREAS, the CITY and SANBAG desire to amend the Agreement to increase the SANBAG financial contribution to the San Bernardino Santa Fe Depot rehabilitation project in order to pay for tenant improvements required for SANBAG occupancy. NOW, THEREFORE, it is agreed that the Agreement is amended as set forth below. I. The parties agree that Exhibit "G" is hereby amended as attached to increase the SANBAG local contribution by $160,000 for a new total of$I,530,747. 2. All other provisions of Agreement 04-040, which are not altered by this amendment, shall remain in full force and effect. SAN BERNARDINO ASSOCIATED GOVERNMENTS CITY OF SAN BERNARDINO c~ APPROVED AS TO FORM:APPROVED AS TO FROM: G.L Rene Basle SANBAG Counsel r-,/~ Dated:1. do>.,Dated: A04040 I-mab.doc Indirect t   Packet Pg. 640 t>> C 0 C s u. C cu t ~ C> C"j +-' 0C"j 0 c. e "0 Q) C c: 0W <ll E: c 0;( .-0 cu c Q) m s:: cu en co 0> to 0 f' 0'> ..... (")!M olMNV00C') f' 0 tolCX) altoc0'> 0> ..... 0 f'. 0> 0 l.ON ON JS o:i r-: -, . -, .s to 0'> 0 N 0 .....IQ) 01Q)0 co ..... f' 0 V N l.O oco co~ 0 E ~ ..... co N ,... (") f' f',Q) ..... ,"" f- M M M I~ 1.0- EI)- EI)- EI)- EI)- EI)- EI)- EI)- El)-I~ El)-I~ to ..... 0 V l.O to NICX) lco I co 0) V f' V to co 'co 'co l.O C') 0 N C') C') ~Ico. I co. 1i N v f' V N V l.OlO '0 to co f' M v vICD ICDv ..... C') N co,~ ,0). o ea I"" I"" I I EI)-EI)- EI)- EI)- EI)- EI)- EI)- EI)-:~ :~ t-- oi" 1- co N ..... ~ l.O co co 0) N CD C') f' V co NI~ ol~ to l.O oCt .!: 0) CD. ~- N C') C') f'1t-- a," LO ..... CO (.) to C') ..... -.i N V .010 cqo N to 2 ea CD v l.O f' C') 'It LO,,, CD,M ..... l.O oCt:!: ..... N l.O N IC't .....ILtt v 0) EI)-EI)- EI)- EI)- EI)- EI)- EI)- El)-IEI)- El}1~ EI)- 0 0> co 0 0> 0> l.O jCX) fco00'> co CD to co N ,~ 1~ C 0 co. N 0) ..... N N I~ I~c ::s c:i N (")- N v M ..... ," ," ea 0 0 co v C') 0'> co CD 1:2 1:2C') v. 0) to LO co coE 1 . , .N N N I:: I:: EI)- EI)- EI)- ~ EI)- EI)- EI)- 1~ '~ 0 "" 0 0 ..... ~ 0 0 v .0 0 ~ I 0 It .... 0 (.) ea c m .. 0 "- c c..> - 0c: M 0 0 0G.l 0 <.> ~ vc. - 0N0) 0 I I- "" c: C') v00co0 c: OJ 0 c: .... co -c: III ::s 0 0 (")0 ea I.L. III I 0 c: ~ ea ~ --NJea iii .....I.L. .. ij1 -0 ..... Cii 0 CD .... "'C0 ci 0 0 u .0 Z .... ;: Q) s <{ .0 E ...E 0 0 0 ':; J (/') CJ) ~ EQ) 0> N (") (/') C" C') Cl 0> 0'> 0> 0 0 m m 0 Q) 0) 0 -- 0 -- -- c: c: () a:::0> 0> 0 0coNl.O ..... l.O 0 0 :;:: :;:: .!: .!: L5 ~ L5 ifi '0 u U C - - W W "'C "'C m m f- f- I.L. f- I.L. f- f- <{ <{ ~ ~ EXHIBIT" A" Q) J c: Q) W Q) wa::: Q) f-1Il _ I.L. U C/) .~ Cii "n; Z "0 a:::coE COO.....O f'l.ONOv 0'>0.....0 CD co l.O 0 l.OLOl.OCO to ..... EI)- EI)- ~ EI)- en Q) 0 J 3 c: U m CD Z CJ) ci c. rn c: gC5~ 0 U.N o;:r--. 0.0... M';"': 00-   Packet Pg. 641 iiiiIIIl Governments SAN BAG San Bernardino Associated Governments AHzu:ItiNM 3/ I TRANSPORTATION MEASURE I Working Together 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Phone: (909) 884-8276 Fox: (909) 885-4407 Web: www.sonbog.co.gov San Bernardino County Transportation Commission . San Bernardino Caunty Transportation Autharity San Bernardino County Congestion Management Agency _ Service Authority for Freeway Emergencies September 1, 2004 Mayor Judith Valles City of San Bernardino 300 North "0" Street San Bernardino, CA 92418-000 I Re: Amendment No.2 to SANBAG Cooperative Agreement 04-040 Dear Mayor Valles: On December 3, 2003, the SANBAG Board approved a cooperative agreement (SANBAG Contract 04-040) with the City of San Bernardino, outlining the roles and responsibilities with respect to the provision of security and maintenance at the San Bernardino Metrolink station, the renovation of the historic Santa Fe depot and SANBAG's occupancy in the depot, and property management of the depot building. The purpose of this letter is to amend two sections that agreement. First, as SANBAG is now an occupant in the depot building and pursuant to Section 12.01 Notices to Parties, this letter provides the new address for SANBAG. Any communications or notices to should be addressed to: Executive Director San Bernardino Associated Governments 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Secondly, Sections 8.04 Common Area Expenses and Section 8.05 Non-Leased Space Expenses by deleting the reference of SANBAG paying for all costs and being reimbursed quarterly in arrears for the City's share, it being mutually agreed that both parties will contribute funds to the depot building operating fund maintained by the property management firm. The City's financial contribution shall be made to the following address: JVO~090 I-mab.doc . Indirect Cities ot: Adeianto. Barstow. Big Bear Lake. Chino, China Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Lorna Linda, Montclair. Needles. Ontario. Rancho Cucamonga. Redlands, RiaUo. San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa Towns of: Apple Valley, Yucca Valley County of San Bernardino   Packet Pg. 642 Amendment No.2 to SANBAG Cooperative Agreement 04-040 September 1, 2004 Page 2 San Bernardino Associated Governments clo CityCom Real Estate Services, Inc. P.O. Box 548 Rancho Cucamonga, CA 91729 Please concur to the above revisions by signing this letter in the appropriate space. Should you have any questions or concerns, please contact Michael Bair, Director of Transit and Rail Programs at (909) 884-8276. Sincerely, b Supervisor Paul Biane President MV04090 I-mag.doc Indirect 1   Packet Pg. 643 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 RESOLUTION NO. 2004-70 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR THE SAN BERNARDINO METROLINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City First Amendment to Cooperative Agreement with San Bernardino Associated Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot Rehabilitation Project, Contract No. 04-040. A copy of said First Amendment to Cooperative Agreement is attached as Exhibit A", and is made a part hereof. SECTION 2. The authorization to execute the above First Amendment to Cooperative Agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I   Packet Pg. 644 2004-70 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 2C 21 28 RESOLUTION .._...AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO ASSOCIATED GOVERNMENTS SANBAG) FOR THE SAN BERNARDINO METROLINK COMMUTER RAIL STATION AND THE SAN BERNARDINO SANTA FE DEPOT REHABILITATION PROJECT, CONTRACT NO. 04-040. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a it. reg. meeting thereof, held on the 15thday of March , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY % KELLEY % JOHNSON x MC CAMMACK x hCt,.A-k. City Clerk The foregoing resolution is hereby approved this 1&7r+ day of March 1 2004. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ith Valles, Mayor of San Bernardino   Packet Pg. 645 EXHIBIT "A" First Amendment to Cooperative Agreement 04-040 THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT No. 04-040 is hereby made and entered into and effective on the 3`d day of March, 2004, by and between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SANBAG") and the CITY OF SAN BERNARDINO ("the CITY"). WHEREAS, the CITY and SANBAG entered into a Cooperative Agreement, SANBAG Contract 04-040, dated December 3, 2003, with regard to the San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot; and WHEREAS, Paragraph 7.02 Funding for the Depot Rehabilitation recites financial responsibilities of the CITY and SANBAG and references the amounts in Exhibit "G" as being the local financial contributions from each party; and WHEREAS, the CITY and SANBAG desire to amend the Agreement to increase the SANBAG financial contribution to the San Bernardino Santa Fe Depot rehabilitation project in order to pay for tenant improvements required for SANBAG occupancy. below. NOW, THEREFORE, it is agreed that the Agreement is amended as set forth The parties agree that Exhibit "G" is hereby amended as attached to increase the SANBAG local contribution by $160,000 for a new total of $1,530,747. 2. All other provisions of Agreement 04-040, which are not altered by this amendment, shall remain in full force and effect. SAN BERNARDINO ASSOCIATED William J. President APPROVED AS TO FORM: Q, C ate, Rene Basle SANBAG Counsel Dated: z11 f%ti CITY OF SAN BERNARDINO IR APPROVED AS TO FROM: es Penman ity Attorney Dated: A040401-mab.doc Indirect   Packet Pg. 646 EXHIBIT "A" O r a w rz Q OO)000I-MrMLM OLM a+ NOOV O OC)I--00MI, C) 00 00toIN 0 00OINCr l E 3 CO 00 O O N P- O rLQ) OLO) p Orll-0VNLOCDcoCoIV r CON I—MI h10 Q r M M c r IV ILn LT Lr fl fl fl fl fl fl fl flltn I69 00rovLo00N1ao 100 O O V Il- V M CD L 00 4100 LO M O N M M 0 (00 I00 L N V P- V N V uiid LO 0 r 00 O I` CO V V 0 I0 m V r CO N OLD LOVIrIr v3 fl va va ua I flan 1 Lfn 7 oN No rM ItLnIT0000 r l hNIV O( nOIV 0000 m0 Q Z 0) D V N M CO I— L t O l h LO r m w CO C r i N V LD I O O I O N CO Z C3 0 V 0 I-- M V LO Lti D LM r LO Q r N LO N ICO r IM V M 69.6031 69 ffl 6-T 6:i fl I6-k Ifn 6H O 0) N 100 I-4000Oo000000 CC7 o CD N A r N N I(D co o N M N V M r 1LO 1LLopC) 0 IT M 0) Co CO LOI(oMvO) Ou Lo Co D I(O Q r N N N Ir Ir fl 69 ffl fl ffl fl ea I L(A L69 V O O r V VO0 V Ocu06 C U w O C15U O 0U V vo ova0 O p CA O C w 00 C) c U) OLL ON A O la 0) U- l6 Q 0 U O r0 w CO Z 0) Q 00 J 3 wY L U) U) 7N co 0) 0 W OCD O O f6 N O N 0) r M r M 0) D) cO U CO N Li) r Ln O O O L 0 Q Q Q Q Q Q Q O 6 LUw LU wwa o C J W N W 0) F- U) 0) Q Ll- m'(oza 0o CO O r O f I LoNO V 0) O r O f O 00 LD O Lo LO Lo (D V 00 , X) b9 ER 69 N0) 7 U C L w' cc Nxam Q n m N Z O Q cod LL N Q aov mC] o   Packet Pg. 647 8 7 9 DISCUSSION City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, City Manager Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community & Economic Development (CED) Subject:Homelessness State of Emergency Declaration (All Wards) Recommendation: It is Recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No. 2023-028 declaring a Homelessness State of Emergency; and 2. Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and 3. Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration. Background As of January 2022, the State of California holds 30% of the nation’s homeless population (171,521) and has the highest rate (67%) of unsheltered individuals. Homelessness has become a national crisis and has negatively impacted San Bernardino for those experiencing homelessness as well as housed residents, businesses, and neighborhoods. Over the past several years, the City has made significant investments in assisting the unhoused community by funding different organizations to expand shelter access, increasing outreach, and developing viable housing options. Despite these efforts, homelessness and its impact throughout the City has continued to grow. Point in Time Count (PITC) Data •From 2017-2022, the City of San Bernardino saw a 175% increase in homelessness. •As of January 2022, the City continues to have the highest concentration of homeless individuals in San Bernardino County (1,350).   Packet Pg. 648 8 7 9 •40% of San Bernardino County’s homeless reside in the City (3,333 County vs 1,350 City). Year Sheltered Transitional Unsheltered Total 2017 108 156 227 491 2018 137 176 333 646 2019 123 126 639 890 2020 183 50 823 1056 2022 238 120 992 1350 *The 2021 Point in Time Count was cancelled due to the Coronavirus pandemic. In addition to the rising rates of homelessness, rental rates are climbing, and the City is experiencing a shortage of affordable housing. Also, the statewide emergency declaration for COVID-19, which provided cities with monetary help to keep people housed and offered County-wide protections to help residents from falling into homelessness, has either ended or is coming to an end. •Eviction protection resources ends on March 31, 2023. •COVID-19 Rent and Utility Bill Relief ends February 28, 2023 On December 7, 2022, the Mayor and City Council approved a comprehensive Homelessness Action Plan and directed over $20 million in American Rescue Plan Act (ARPA) funds to mitigate homelessness and help vulnerable residents, which includes the development of a navigation center, partnerships with local entities to develop interim housing, and a dedicated Homeless Outreach Task Force. On December 7, 2022, the Mayor and City Council also approved $613,678, in the first quarter of Fiscal Year 2023, to increase the number of Public Works employees to assist with homeless encampment cleanups. Discussion The City, along with the state and nation, is in the midst of a homelessness crisis. The City’s number of unsheltered individuals has quadrupled since 2017 (227 unsheltered in 2017 vs. 992 unsheltered in 2022). Homelessness is one of the most urgent and significant issues impacting the local community and housing affordability in the state correlates with the growth in homelessness. The significant increase in homelessness and expiring protections for renters that barred evictions during the statewide COVID-19 emergency declaration is a critical reason enough to declare a local state of emergency on homelessness. State of Homelessness Emergency Throughout the years, the City has maintained partnerships with several local homeless service agencies to provide shelter, housing, and resources to the homeless community, but despite best efforts, there has been little impact in mitigating homelessness. The   Packet Pg. 649 8 7 9 source of this issue is connected to the City’s shelter crisis. There is insufficient capacity to shelter everyone experiencing homelessness. Out of 1,350 homeless individuals, 992 are unsheltered and there are only 253 reported shelter beds throughout the City. The number of shelter beds is derived from the County’s Continuum of Care (CoC), which maintains a list of registered organizations that assist/shelter the homeless. These organizations either receive or are eligible for state and federal funding. There are shelter agencies that choose not to receive state or federal funding (i.e., religious affiliations) and as a result, they are not connected to the CoC pipeline, making it challenging to capture the actual number of shelter beds available in the City. Due to this, the City has opted to reference shelter beds linked to the CoC, which is currently 253. Most known shelter agencies within the City are at or near full capacity and most have some sort of barrier that prevents people from seeking shelter when beds do become available. For example, fathers are often separated from wives and children, pets are not welcomed, and individuals with sobriety issues are often unable to access shelter. Cities may not realistically provide shelter for every unhoused individual as it poses an extreme financial burden, among other hurdles. Fortunately, although not legally binding, United States District Judge David Carter has approved a settlement agreement between the City of Los Angeles and homeless advocate plaintiffs, which can serve as a form of guidance for the City. The settlement agreement provided that the City of Los Angeles needs to only provide shelter for 60% of their unsheltered population. Using this guidance and based on the 2022 PITC, the City could meet a 60% benchmark if it had 595 shelter beds, meaning an additional 342 available shelter beds. The benchmark number can and will fluctuate based on the current PITC. The City needs to create a path that will allow shelters and interim housing to be developed quickly to better transition people off the streets. Also, emphasis should be placed on the need for low-barrier shelters that remove many obstacles that often impede a person’s ability to accept shelter. What is the City Doing to Address Homelessness On October 31, 2022, the City hired Homeless Services Coordinator, Ashley Esquivel, who is working closely with the Deputy Director of Housing & Homelessness, Cassandra Searcy to develop methodologies that are consistent with best practices, align with the County’s Continuum of Care System, and strengthen community partnerships. On December 7, 2022, Council approved over $25 million in ARPA funds for the following homeless related initiatives: •Public Health and Safety - FY 23 $613,678 for the remainder of the year with an ongoing expense of approximately $1,076,158 in FY 24. During the first quarter of   Packet Pg. 650 8 7 9 FY 2023 the City added: 2 Lead Maintenance Workers, 2 Maintenance Supervisors, and 8 Maintenance Worker I (FLEX) Funding to assist with encampment clean-ups. •Navigation Center - $12 million: Development of a 200-bed, low-barrier, non- congregate facility that provides interim housing and onsite supportive services. •Ongoing Operational Cost for Navigation Center - $4.5 million: Provides $1.5 million annually over the span of three (3) years. •Homeless Outreach Team - $1.5 million: Dedicated street outreach to provide City- wide comprehensive coverage to assist individuals experiencing homelessness. •Mobile Shower Expansion - $150,000: Partner with a non-profit organization to expand mobile shower services throughout the City by operating a 28-foot-long mobile shower trailer equipped with three (3) full-service restrooms and laundry facility. •Lutheran Social Services (LSSSC) - $5 million: The City is partnering with LSSSC on a Homekey Round 3 project to expand shelter capacity and develop a 172 bed, non-congregate interim housing and 20 permanent supportive housing units for men and men with children. •San Bernardino Valley College (SBVC) - $900,000: The City is partnering with SBVC on a Homekey Round 3 project to develop student housing that will consist of approximately 60 non-congregate living units for students experiencing homelessness. The City continues to work collectively with local stakeholders and government agencies to streamline processes, leverage funding, and improve coordination and collaboration. The City will also release a Request for Proposals (RFP) in February 2023 in search of a homeless outreach agency that has the experience and capacity to create a comprehensive Citywide plan to transition unhoused residents off the streets. Because there is a shelter/interim housing shortage, the City is developing a navigation center, which will be a state-approved modular facility/campus that provides low barrier, non- congregate, interim housing, and onsite supportive services, which will include: •Help Obtain Vital Documentation •Pet Kennel •Income Stability •Homeward Bound •Job training/placement •Mental Health Services •Substance Abuse Recovery •Storage Lockers •Housing Navigation •Case Management •Mailboxes Services The City is also working with affordable housing developers to create housing for mixed- income households, including area median incomes as low as 30% and 50%.   Packet Pg. 651 8 7 9 Homelessness Task Force In an ongoing commitment to reduce homelessness and minimize community impacts associated with homelessness, a Homelessness Task Force will be established to include representatives from the Police Department, Code Enforcement, Public Works, Parks & Recreation, and the Community, Housing, and Economic Development Department. Because complex problems require complex solutions, a task force can help to establish a multi-faceted approach that outlines actions, goals, and objectives directly related to homeless intervention, outreach, and prevention. Defining Emergency Housing Emergency housing is housing in a permanent or temporary structure(s), occupied during a declaration of a state of emergency, local emergency, or shelter crisis. Currently, the Section 19.02.050 of the City’s Development Code defines “Emergency Shelter” as follows: “As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter,” “homeless facility,” or “social service center with a residential component.’” The City could consider adopting state-provided appendices related to emergency housing. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; emergency sleeping units, emergency transportable units and structures constructed in accordance with Appendix X of the California Residential Code. •Dependent units used for sleeping. •Site provided communal sanitary facilities. The Adoption of California Residential Code Appendix X and California Building Code Appendix O into Title 15 of the SBMC will provide construction standards for developing emergency housing facilities in approved locations and a standard for third-party projects impacting emergency housing/homelessness. The Development Code currently allows Emergency Shelters as a “by-right” use at five pre-defined Emergency Shelter Overlay Zone areas in the City that fall within the CH – Commercial Heavy, IL – Industrial Light, and OIP – Office Industrial Park Zones, consistent with California Government Code Section 65589.5. Emergency Shelters in these areas are only required to obtain an Administrative Development Permit Type 1   Packet Pg. 652 8 7 9 and any necessary Building Permits. Chapter 19.10-E of the Development Code outlines the Development and Operational Standards for the Emergency Shelter Overlay Zone including but not limited to proximity to transit lines, maximum length of stay, parking requirements, and the preparation of security and management plans. For other areas outside the Emergency Shelter Overlay Zone, the Development Code allows Emergency Shelters with the granting of a Conditional Use Permit (CUP) by the Planning Commission within the CR-2 - Commercial Regional-Downtown and CH – Commercial Heavy Zones. The Development Code does not currently allow for Emergency Shelters within any residential zones. However, “Homeless Facilities” and “Social Service Uses/Centers,” which may include overnight stays, are permitted with a CUP in some residential zones. In an effort to provide greater flexibility and a streamlined approval process for Emergency Shelters, the City Council may consider amending the Development Code to allow Emergency Shelters with a CUP in additional zones and consider applying the Emergency Shelter Overlay Zone to more properties as deemed appropriate. Possible Zones to consider allowing Emergency Shelters by right, with a CUP or by applying the Emergency Shelter Overlay Zone, could include the following: Zoning District Requirement (RH) Residential High Conditional Use Permit (CO) Commercial Office Conditional Use Permit (CG-1) Commercial General Conditional Use Permit (IL) Industrial Light Permitted by-right (PF) Public Facilities Permitted by-right Once locations are identified, the City will create a map of allowable zones and will also need to do the following: •Create an ordinance to update Standards applicable to emergency homeless shelters. •Determine an alternate means of compliance concerning specific Fire Code requirements that must at least meet the minimum fire/life safety and building regulations identified by the City and San Bernardino County Fire Department (i.e., occupancy rate, structural requirements, ventilation, etc.). •Identify a plan/process for streamlining zoning regulations for privately-owned or operated shelters, including administrative approval of conditional use permits for shelters, allowing temporary shelters by-right on sites with an approved assembly use and streamlining approval of City-sponsored shelters on private property that may otherwise require zoning approvals. Things the City Can Do by Declaring a Homelessness State of Emergency If the City Council adopts the Homelessness State of Emergency Declaration, the effective period of the Homelessness Crisis shall begin on February 1, 2023, and shall   Packet Pg. 653 8 7 9 end on February 1, 2024, with the City Council having to review the declaration every 60 days. If passed, the Homelessness State of Emergency Declaration would yield several consequences (see Gov. Code § 8630 et seq). First, the City Manager and/or Mayor and City Council can promulgate, issue, and enforce rules, regulations, orders and directives it considers necessary for the protection of life and property. Second, it would expand some of the City Manager’s powers, allowing him to enter into contracts, pursue grants and obtain emergency funding from state and federal entities to create additional shelters, add interim housing, and obtain emergency funding as it becomes available. Third, City workers would become designated disaster workers and may be used for such purposes. Should the Declaration pass, the City Manager could be directed to do any or all of the following: •Prepare an ordinance adopting California Residential Code Appendix X and California Building Code Appendix O to serve as alternative local standards and procedures for the construction of homeless shelters if required, as well as their operation. •Prepare an interim ordinance (if required) to streamline zoning regulations for privately-owned or operated shelters, including zoning administrator approval of conditional use permits for shelters, allowing small temporary shelters by right on sites with an approved assembly use, and streamlining approval of City-sponsored shelters on private property that may otherwise require zoning approvals. •Help with the development of interim housing, tiny homes, and partnerships with landlords to rent apartments, access land for temporary or permanent housing structures, dispense funds, approve master leases and speed up permitting processes. Certain purchases would not have to go out to bid and would not require City Council approval. Area For Further Study Separate and apart from declaring a local emergency, the City could declare a shelter crisis per Government Code Section 8698 et seq. The recent actions of the City of Los Angeles and the City of Long Beach were to declare a local emergency. Staff requests additional time to study this option, analyze the potential benefits and consequences of taking this action, and report back to the Mayor and City Council. 2021-2025 Strategic Targets and Goals Declaring a Homelessness State of Emergency will allow staff to identify opportunities to streamline zoning regulations and explore an administrative approval of Conditional Use Permits for Emergency Shelters and interim housing thereby allowing unhoused individuals to exit off the streets into a clean and safe environment where they can stabilize and get connected to resources and housing. This effort aligns with Key Strategic Goal No. 3, Improved Quality of Life.   Packet Pg. 654 8 7 9 Fiscal Impact There is no fiscal impact to declaring a state of emergency. On December 7, 2022, Council approved over $20 million in American Rescue Plan Act funds towards addressing homeless-related matters. Declaring a State of Emergency will allow the City to set policies and prepare Municipal Code changes for City Council consideration to accelerate the development and operation of Emergency Shelters and interim housing. Conclusion It is Recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No, 2023-028 declaring a Homelessness State of Emergency; and 2. Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and 3. Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration. Attachments Attachment 1: Resolution No. 2023-028 Declaring State of Emergency Ward: All Wards Synopsis of Previous Council Actions: N/A August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds. December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan December 7, 2022 Mayor and City Council authorized the use of over $20,000,000 in ARPA funds for the development of a Navigation Center, State of California Homekey Round 3 Projects, Homeless/Street Outreach and a Mobile Shower Expansion. December 7, 2022 Mayor and City Council approved $4.5 million to cover operational expenses associated with the Navigation Center of a three year span. December 7, 2022 Mayor and City Council approved On December 7, 2022, Council approved $613,678 in the first quarter of Fiscal Year   Packet Pg. 655 8 7 9 2023 to increase the number of Public Works employees to assist with homeless encampment cleanups.   Packet Pg. 656 Resolution No. 2023-028 Resolution No. 2023-028 February 1, 2023 Page 1 of 5 RESOLUTION NO. 2023-028 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY CONDITIONS AND THREATENED CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF SAN BERNARDINO, WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY IN THE CITY WHEREAS, San Bernardino Municipal Code Section 2.46.050(A) designates the City Manager as the Director of Emergency Services (“Director”); and WHEREAS, San Bernardino Municipal Code Section 2.46.090(A)(1) empowers the Director to request the Mayor and City Council to proclaim the existence or threatened existence of a “local emergency”; and WHEREAS, San Bernardino Municipal Code Section 2.46.020 defines an “emergency” as an “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [the] jurisdiction…which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, California Senate Bill 330, approved by the Governor on October 9, 2019, provided that California has a housing supply and affordability crisis of historic proportions, where “[t]he consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives”; and WHEREAS, the California legislature has acknowledged the importance of combating homelessness and the crisis of housing supply which is supported by California Labor Code Section 1720(c)(4) where prevailing wage rates do not apply to the construction of rehabilitation of affordable housing units for low or moderate income persons; and WHEREAS, in efforts to combat the housing crisis, the California Legislature has recognized that local governments play a key role in the development of affordable housing, evidenced by California Government Code Section 65584, which mandates California cities, towns and counties to undertake all necessary actions to promote and facilitate the development of housing for its residents, for all income levels; and WHEREAS, in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City of San Bernardino (“City”) has designated significant resources   Packet Pg. 657 Resolution No. 2023-028 Resolution No. 2023-028 February 1, 2023 Page 2 of 5 to address homelessness in the City, but the threat to life and property remains at stake beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat this crisis; and WHEREAS, the City has at any given time approximately 1,350 people experiencing homelessness Citywide; and WHEREAS, according to City’s 2022 Point in Time Count, the number of people experiencing homelessness in the City increased dramatically in recent years, with an overall rise in homelessness of 175% since 2017; and WHEREAS, people experiencing homelessness suffer disproportionately from mental and physical health ailments and require assistance from the City of San Bernardino, San Bernardino County Behavior Health Department, and other local, state, and federal health agencies and non- profit organizations to provide the necessary public services; and WHEREAS, the homelessness crisis confronting the City has grown both incrementally and exponentially, leading to death, illness, and deplorable living conditions; and WHEREAS, the State of California’s COVID-19 State of Emergency, which has provided resources to keep many San Bernardino residents from falling into homelessness, ends on February 28, 2023, thus requiring immediate action in order to create replacement and additional housing and shelter, and in order to support the necessary infrastructure and laws required to protect and provide that shelter and housing; and WHEREAS, the displacement of the number of people living on the streets of the City today is a daily recurring emergency, empowering the City Council to declare a state of emergency, no less than if the emergency was caused by an earthquake, fire, or flood; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of housing units, use mutual aid, and seek assistance and potential reimbursement by the State and Federal governments will be critical to successfully responding to this homelessness crisis; and WHEREAS, during the pendency of the existence of a local emergency, the City Council shall retain its full authority to consider a variety of City ordinances to codify the measures necessary to address this homelessness crisis; and WHEREAS, on October 27, 2022 the City Council conducted a Homeless Workshop; and WHEREAS, during the Homeless Workshop staff provided a goal for the City to have approximately 595 shelter beds. The City currently has only 170 active shelter beds, and is in immediate need of approximately 425 shelter beds to reach the goal of 595 shelter beds; and   Packet Pg. 658 Resolution No. 2023-028 Resolution No. 2023-028 February 1, 2023 Page 3 of 5 WHEREAS, notwithstanding that the City Council has been and is acting with urgency, including implementing of a Homeless Action Plan which provides a roadmap to house San Bernardino residents and building an unprecedented number of supportive housing units and shelter beds, an emergency declaration is necessary to mobilize resources, save lives, and provide for the public health, welfare, and safety of all; and WHEREAS, the City will be setting up a Homeless Task Force, made up of City leaders, department heads, service providers and advocates that will meet regularly to monitor the Homeless Action Plan’s progress; and WHEREAS, the City has responded to the rapid increase in its homeless population with unprecedented investments into homelessness solutions, including a commitment of over $20 million from its American Rescue Plan Act resources to fund the Homeless Action Plan; and WHEREAS, the magnitude of loss of life, the continued and disproportionate impact of the COVID-19 pandemic, and the persistent discriminatory impacts of a lack of housing warrant and necessitate that the City Council declare the existence of a local emergency; and WHEREAS, the benefits of this emergency declaration, coupled with past and future actions by the City Council to address the homelessness crisis, will help ensure that this local emergency will be of a temporary nature. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Pursuant to California Government Code Section 8630 and San Bernardino Municipal Code section 2.46.090(A)(1), the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in San Bernardino which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel equipment, and facilities of the City. SECTION 3. The City Manager is hereby authorized to furnish information, to enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared. Section 2.46.110 of the San Bernardino Municipal Code provides that any expenditures made in connection with the emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. City staff are hereby directed to provide the City Council with a report of actions taken under this Resolution at the next practicable opportunity, and no less than on a monthly basis.   Packet Pg. 659 Resolution No. 2023-028 Resolution No. 2023-028 February 1, 2023 Page 4 of 5 SECTION 4. The City shall coordinate its efforts to address this proclaimed emergency with the other local jurisdictions, the County of San Bernardino, the State of California, and the federal government. SECTION 5. The City of San Bernardino requests the Governor and State Legislature to declare a state of emergency to combat homelessness and direct resources to support the efforts of major cities in the State of California to address the problem. SECTION 6. This Proclamation of Emergency shall sunset on February 1, 2024, subject to being renewed. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes. Pursuant to California Government Code Section 8630, the Mayor and City Council shall, by minute action, review the need for continuing the local emergency at least once every 60 days until it terminates the local emergency. SECTION 7.Pursuant to Government Code section 3100, in protection of the health and safety and preservation of the lives and property of the people from emergencies which result in conditions of extreme peril to life, property and resources, all public employees are hereby declared disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. SECTION 8.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 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 10. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of February, 2023. ________________________ Helen Tran, Mayor City of San Bernardino   Packet Pg. 660 Resolution No. 2023-028 Resolution No. 2023-028 February 1, 2023 Page 5 of 5 Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the 1st day of February, 2023 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 1st day of February 2023. ______________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 661 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Increase lighting at parks citywide (All Wards) – Council Member Reynoso   Packet Pg. 662 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 1, 2023 To:Honorable Mayor and City Council Members From:Theodore Sanchez, Council Member, 1st Ward Department:Council Office Subject:Consider repeal of Resolution 2020-265. Issue written notice directing the Planning Commission, in accordance with Government Code 65853, to render within 40 days its report on crushing restrictions of unfinished materials within 1,000 feet of residentially- zoned property (All Wards) – Council Member Sanchez   Packet Pg. 663