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HomeMy WebLinkAbout05-17-2023 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, MAY 17, 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 Pro Tem, 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. 11 A)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)City Manager (Recruitment Process) 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 PRESENTATIONS 1.Proclamation for National Public Works Week in the City of San Bernardino – May 21st –27th, 2023 (All Wards) p. 12 2.Proclamation for National Salvation Army Week in the City of San Bernardino – May 15th – 21st, 2023 (All Wards) p. 14 APPOINTMENTS 3.Public Safety and Human Relations Commission Reappointment (Ward 2) p.16 Mayor and City Council of the City of San Bernardino Page 3 CONSENT CALENDAR 4.Management Agreement with Local Golf Management LLC p. 25 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­063, approving a Management Agreement with Local Golf Management LLC. 5.Fiscal Year 2023­24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) p. 95 Recommendation: It is recommended that the Mayor and City Council adopt Resolution Nos. 2023­064, 2023­ 065, 2023­066, 2023­067, and 2023­068 of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2023­24 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district. 6.Approve the Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services (All Wards) p. 125 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve a Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services; and 2.Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Companies; and 3.Adopt Resolution No. 2023­069 authorizing the Agency Director of Administrative Services to amend the Adopted FY 2022/2023 General Fund Operating Budget in the amount of $75,000; and 4.Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $75,000 to Kosmont Companies. 7.Approval of Commercial and Payroll Disbursements (All Wards) p. 259 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2023. 8.Adoption of Resolution No. 2023­070 Appointing an Interim Agency Director of Community, Housing, and Economic Development (All Wards) p. 303 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California:Adopt Resolution No. 2023­070 appointing Mary E. Lanier as Agency Director of Community, Housing, and Economic Development on an interim basisApprove a Retired Annuitant Employment Agreement. 9.Approve Final Tract Map No. 20494 for the Warmington Residential Project (Ward 6) Recommendation: p. 315 It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2023­071 of the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20494 (Subdivision 21­ 12) involving the subdivision of one parcel (APN 0143­191­59) containing approximately 9.9 acres into ninety­five (95) single­family residential lots and nine (9) lettered lots for common facility improvements, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive; and Mayor and City Council of the City of San Bernardino Page 4 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. 10. Amendment No. 1 to Agreement with Anser Advisory Management, LLC (All Wards) Recommendation: p. 444 It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024. 11. Concept Plan Approval for Eastside Skate Park Improvements at Speicher Park (Ward 2) p. 465 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­072: Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park (“Project”). 12. Pre­Approval of Mayor Travel for FY 2022/2023 (All Wards) p. 475 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre­approve the Mayor’s specified travel for Fiscal Year 2022/23. DISCUSSION 13. Adopt a Policy Designating a Meeting Minute Taker and Procedures for the Taking and Storing of Minutes Pertaining to Closed Session meetings of The Mayor and City Council p. 502 Recommendation: It is recommended that the City Council provide direction to staff or approve Resolution No. 2023­073 adopting the policy designating a meeting minute taker and procedures for the taking and storing of minutes pertaining to closed session meetings of the Mayor and City Council. 14. Responding to the City’s Urgent Homeless Crisis p. 511 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023­075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non­substantive changes; 2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project; 3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus); 4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding; Mayor and City Council of the City of San Bernardino Page 5 5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and 6. Adopt Resolution No.2023­076, the City of San Bernardino Homelessness State of Emergency Implementation Plan. PUBLIC HEARING 15. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) p. 717 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023­074, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act. 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 June 07, 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. Mayor and City Council of the City of San Bernardino Page 6 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 17, 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, May 12, 2023. I declare under the penalty of perjury that the foregoing is true and correct. 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 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 on the agenda or not on the agenda, 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 during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 8 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 9 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://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:2023 The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page... 8) Join the Meeting by clicking on the Zoom link below: Mayor and City Council of the City of San Bernardino Page 10 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677­845­9453 Passcode:2023 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. CLOSED SESSION City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney's Office Subject:Closed Session Recommendation: A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)       Packet Pg. 11 PRESENTATIONS City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for National Public Works Week in the City of San Bernardino – May 21st –27th, 2023 (All Wards)       Packet Pg. 12 National Public Works Week Proclamation May 21st –27th, 2023 “Connecting the World Through Public Works” WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of City of San Bernardino; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of San Bernardino to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now. NOW THEREFORE BE IT RESOLVED THAT the Mayor of the City of San Bernardino, do hereby designate the week May 21st –27th, 2023 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. Presented this 17th day of May 2023       Packet Pg. 13 PRESENTATIONS City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for National Salvation Army Week in the City of San Bernardino – May 15th – 21st, 2023 (All Wards)       Packet Pg. 14 PROCLAMATION OF THE MAYOR & CITY COUNCIL PROCLAIMING NATIONAL SALVATION ARMY WEEK MAY 15TH – 21ST, 2023 WHEREAS, The Salvation Army has been serving the people of San Bernardino for more than 137 years, physically, emotionally, and spiritually; and, WHEREAS, The Salvation Army is present wherever the need is greatest, especially during times of crisis, where vulnerable citizens are more at risk of becoming homeless, hungry, addicted, or spiritually tired; and, WHEREAS, The Salvation Army invites the people of San Bernardino to “Love Beyond” and help the organization continue to provide life-changing aid by serving those who need it most; and, WHEREAS, it is fitting and proper on Salvation Army Week to recognize the tremendous impact of philanthropy, volunteerism, and community service in the city of San Bernardino; and, WHEREAS, National Salvation Army Week is an opportunity to encourage citizens to serve others with their resources and time during the difficult period many of us are experiencing. NOW THERFORE BE IT PROCLAIMED THAT the Mayor and City Council of San Bernardino herby recognize the week of May 15TH – 21ST, 2023, as National Salvation Army Week in the City of San Bernardino and encourage all citizens to join together to give back to the community in any way that is personally meaningful. Presented this 17th day of May 2023       Packet Pg. 15 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Cheryl Weeks, Council Administrative Supervisor Department:Council Office Subject:Public Safety and Human Relations Commission Reappointment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Sean Kelley to the Public Safety and Human Relations Commission representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). The commission is comprised of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino,       Packet Pg. 16 California, approve the reappointment of Ms. Sean Kelley to the Public Safety and Human Relations Commission with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission Application – Sean Kelley Attachment 2 – Resolution No. 2018-46 Ward: Second Ward Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.       Packet Pg. 17       Packet Pg. 18       Packet Pg. 19       Packet Pg. 20       Packet Pg. 21       Packet Pg. 22       Packet Pg. 23       Packet Pg. 24 1 3 3 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Management Agreement with Local Golf Management LLC Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-063, approving a Management Agreement with Local Golf Management LLC. Background The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18-hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The subject property is designated as Public/Commercial Recreational (“PCR”) on both the General Plan Land Use Map and on the Zoning Map. The subject property was originally owned by the former San Bernardino Redevelopment Agency (“Agency”) and records indicate that the Agency purchased the property through three separate property transactions. The land that comprises the subject property was acquired by the Agency in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City. Over the years, there have been a number of operators that have managed the operations/maintenance of the golf course and the related ancillary facilities. In August 2014, the lease was assigned to CF Shandin Hills ARCIS LLC (“ARCIS”). In 2015, subsequent to the approval of the Long Range Property Management Plan, the       Packet Pg. 25 1 3 3 9 Shandin Hills Golf Course was transferred from the Successor Agency to the former Redevelopment Agency of the City of San Bernardino to the City. On April 6, 2020, the City of San Bernardino received a letter from CF Shandin Hills ARCIS, notifying the City of their intention to terminate their lease with the City within 30 days from the date of the letter. This letter was received right on the heels of the onset of the COVID 19 pandemic. Shortly thereafter, the County of San Bernardino ordered that a variety of public facilities county-wide be closed, including golf courses. Based on discussions between ARCIS and the City, ARCIS’ lease was terminated, but ARCIS agreed to manage the golf course on an interim basis while the City evaluated its long-term options for the facility. On June 6, 2020, the City Council approved an Interim Golf Course Management Agreement (the “Interim Agreement”) between the City of San Bernardino and ARCIS for a period of 12 months. The Interim Golf Course Management Agreement afforded the City time to evaluate and determine the highest and best use of the Shandin Hills Golf Course. Staff also intended to evaluate the conditions of the entire facility to identify the costs related to deferred maintenance. On June 16, 2021, the Interim Agreement was amended to extend the term of the agreement. On August 18, 2021, ARCIS and the City entered into Amendment No. 2 to the Interim Agreement which extended the term of the agreement, increased the Management Fee paid to ARCIS, and provided for revenue sharing between ARCIS and the City. Discussion ARCIS has expressed its desire to terminate the Interim Management Agreement with the City at the earliest opportunity. To avoid detrimental impacts to the management of the golf course, City staff were able to negotiate one final extension with ARCIS. An essential part of ARCIS agreeing to this extension was the City’s expedited negotiations with a new management company and a further guarantee that a new management company would take over soon. Given the need to avoid gaps in management coverage, City staff moved forward with selecting a new vendor pursuant to the fallback provision outlined in San Bernardino Municipal Code section 3.04.010(D)(3). That section provides a fallback exemption from the City’s Purchasing System for purchases approved by the Mayor and City Council. In response to ARCIS’ request, staff entered into negotiations with a new management company, Local Golf Management, LLC. On April 28, 2023, City staff received a communication from Western Golf and Hospitality, expressing interest in offering future management services for the Shandin Hills Golf Course. Given the timing of this communication, City still recommends proceeding with the proposed Management Agreement with Local Golf Management given that the current Interim Management Agreement is set to expire on May 31, 2023. Unless ARCIS agrees to an additional extension of time (which they have indicated that they are uninterested in doing so), this would result in the absence of a       Packet Pg. 26 1 3 3 9 management operator for the Shandin Hills Golf Course. This would create a severe disruption to the services offered at the Shandin Hills Golf Course, encourage vandalism and theft, as well as a substantial loss of revenue to the City. The new Management Agreement term is for a period of five years and contains similar terms to the previous arrangement with ARCIS. Under this new agreement, Local Golf Management is responsible for the day-to-day operations of the Shandin Hills Golf Course. Similar to the ARCIS arrangement, the Management Fee owed to Local Golf Management is a flat monthly rate of $15,000 paid out of the revenues generated by the Shandin Hills Golf Course. In the event that revenues fall below this amount, the City will be responsible for covering the remaining amount owed. Based on analysis of previous revenues generated by the Shandin Hills Golf Course, it is not anticipated that the revenues would actually decline such that the City would need to make up the Management Fee owed to Local Golf Management. Local Golf Management is an experienced management company with a tailored approach to match each golf course to the needs of the community it serves. Their approach is not a “one size fits all” model that caters only to golfers, but it is a purposefully fluid model that listens, adapts, and grows organically to maximize local utility and financial sustainability. Local Golf Management is the wholly owned management arm of Preservation Golf (PG). It is built on a nimble platform that promotes client accountability, forward planning, maintenance excellence, and the professional growth of its employee partners. PG is a well-capitalized privately held golf company owned and operated by Mike Winn, Ken Arimitsu, and Lee Neibart. PG was formed in 2020 with a mission to acquire, preserve, and invigorate classic neighborhood golf courses in California. Its first acquisition was Arrowhead Country Club in San Bernardino (2020) and it has since purchased Riverlakes Ranch Golf Course in Bakersfield (2022). Mike Winn, Local Golf Management’s Operational Manager, is an award-winning general manager. Known for his outstanding work ethics and enthusiasm, he brings the leadership and knowledge base of both a Professional Golfers Association (PGA) Class A General Manager as well as a class A Golf Course Superintendent with the Golf Course Superintendents Association of America (GCSAA). He has decades-long experience working with both institutional and private golf owners. This has engrained in him the requisite knowledge base to streamline decision making, communication, and operational accountability. Based on Local Golf Management’s qualifications and the immediate need for a new management company, City staff recommends that an agreement be entered into with       Packet Pg. 27 1 3 3 9 Local Golf Management. Local Golf Management is prepared to assume management and operations of the Shandin Hills Golf Course on June 1, 2023. This will allow for the seamless transition from the Interim Management Agreement with ARCIS and will not disrupt services. 2021-2025 Strategic Targets and Goals The approval of the Management Agreement with Local Golf Management LLC, for the operation and maintenance of the Shandin Hills Golf Course, is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3: Improved Quality of Life. The continued management of the Shandin Hills Golf Course is anticipated to generate revenue for the City and ensure that the City is able to provide opportunities for recreational activities to the public. Fiscal Impact The adoption of the five (5) year Golf Course Management Agreement will allow the golf course to continue to operate, generating much needed general fund revenue. From the revenue generated, the City will pay Local Golf Management $15,000 per month to maintain the golf course. The remaining revenue after operating costs are deducted will go to the City, which is anticipated to be approximately $17,000 per month. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-063, approving the Management Agreement with Local Golf Management LLC. Attachments Attachment 1 Resolution No. 2023-063, Shandin Hills Management Agreement with Local Golf Management, LLC Attachment 2 Local Golf Management, LLC Brochure Attachment 3 Shandin Hills Management Agreement - Local Golf Management LLC Attachment 4 Resolution No. 2020-123 – Interim Agreement with ARCIS, LLC Attachment 5 Resolution No. 2021-161 - Amendment No. 1 to Interim Agreement with ARCIS, LLC Attachment 6 Resolution No. 2021-209 – Amendment No. 2 to Interim Agreement with ARCIS, LLC Attachment 7 Resolution No. 2023-058 - Amendment No. 3 to Interim Management Agreement with ARCIS, LLC Ward: Fifth Ward Synopsis of Previous Council Actions:       Packet Pg. 28 1 3 3 9 June 3, 2020 Mayor and City Council adopted Resolution No. 2020-123 ratifying the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course. June 16, 2021 Mayor and City Council adopted Resolution No. 2021-161 which approved the First Amendment to the Interim Agreement resulting in a 60-day term extension. August 18, 2021 Mayor and City Council adopted Resolution No. 2021-209 which approved the Second Amendment to the Interim Agreement that extended the term of the Agreement, increased the Management Fee and provided for revenue sharing. May 4, 2023 Mayor and City Council approved Resolution No. 2023-058, Amendment No. 3 with ARCIS, LLC extending the date of the Agreement until May 31, 2023.       Packet Pg. 29 Resolution No. 2023-063 Resolution No. 2023-063 May 17, 2023 Page 1 of 4 2 6 3 6 RESOLUTION NO. 2023-063 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOCAL GOLF MANAGEMENT LLC WHEREAS, on April 6, 2020, the City Manager received a Termination Letter from CF Shandin Hills ARCIS LLC (“ARCIS”) informing the City that they would be terminating their lease with the City to manage and maintain the Shandin Hills Golf Course in 30 days from the date of the letter; and WHEREAS, the termination of the golf course lease and the emergency caused by the spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course property is maintained and preserved; and WHEREAS, on May 20, 2020, in accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement (“Interim Agreement”) to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City; and WHEREAS, on June 3, 2020, the Mayor and City Council Adopted Resolution No. 2020- 123 ratifying the Interim Agreement between the City and ARCIS to manage and operate the Shandin Hills Golf Course for the City; and WHEREAS, on June 16, 2021, the Mayor and the City Council entered into Amendment No. 1 to the Interim Agreement extending the term of the Agreement for a period of 60 days to finalize the negotiations to extend the Agreement for a longer term; and WHEREAS, on August 18, 2021, the Mayor and City Council entered into Amendment No. 2 to the Interim Agreement for the purpose of extending the term of the Interim Agreement, increasing the Management Fee paid to ARCIS, and instituting revenue sharing provisions between the Parties; and WHEREAS, ARCIS provided notice to the City that it desires to cease managing the Shandin Hills Golf Course; and WHEREAS, ARCIS has continued to manage the Shandin Hills Golf Course on a month- to-month basis; and WHEREAS, on [***INSERT DATE***], the Mayor and City Council entered into Amendment No. 3 to the Interim Agreement to accurately reflect ARCIS’ management responsibilities from January 1, 2023 to May 31, 2023; and       Packet Pg. 30 Resolution No. 2023-063 Resolution No. 2023-063 May 17, 2023 Page 2 of 4 2 6 3 6 WHEREAS, in light of ARCIS’ desire to cease its management responsibilities, the City has been in the process of negotiating with Local Golf Management LLC to take over management of the Shandin Hills Golf Course; and WHEREAS, City staff has negotiated a new management agreement with Local Golf Management LLC (the “Management Agreement”) for a term of five (5) years; and WHEREAS, Local Golf Management LLC is ready to take over management of the Shandin Hills Golf Course on June 1, 2023. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.The Mayor and City Council hereby approves the Management Agreement, attached hereto as Exhibit “A”, and authorizes the Interim City Manager or designee to execute the Management Agreement. SECTION 3.The Mayor and City Council hereby authorize the Finance Director to [***INSERT BUDGET ACTION HERE***] to address the commitments included in the Management Agreement. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023. Helen Tran, Mayor City of San Bernardino Attest:       Packet Pg. 31 Resolution No. 2023-063 Resolution No. 2023-063 May 17, 2023 Page 3 of 4 2 6 3 6 Genoveva Rocha, CMC, City Clerk Approved as to form: Best Best & Krieger LLP, City Attorney       Packet Pg. 32 Resolution No. 2023-063 Resolution No. 2023-063 May 17, 2023 Page 4 of 4 2 6 3 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-063, adopted at a regular meeting held on the 17th day of May 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. 33 Why we do what we do. The fundamental tenet that drives Local Golf Management is the belief that all golf courses should be Local.They should serve as important community touchstones --providing invaluable open outdoor spaces,neighbourhood identity,and critical social and entertainment outlets. Local Golf Management focuses on heightening the relevance of each of its courses to match the specific needs of the community it serves.Ours is not a “one size fits all”model that catering only to golfers,but it is a purposefully fluid model that listens,adapts,and grows organically to maximize Local utility and financial sustainability. 1 Local Golf Management       Packet Pg. 34 Who we are. Local Golf Management (LGM)is the wholly owned managementarmofPreservationGolf.It is built on a nimble platform thatpromotesclientaccountability,forward planning,maintenanceexcellence,and the professional growth of its employee partners.LGM is committed to maintaining the highest levels of customerservice&operational transparency. Preservation Golf (PG)is a well-capitalize privately held golfcompanyownedandoperatedbyMikeWinn,Ken Arimitsu,and LeeNeibart.PG was formed in 2020 with a mission to acquire,preserve,and invigorate classic neighbourhood golf courses in California.ItsfirstacquisitionwasArrowheadCountryClubinSanBernardino(2020)and it has since purchased Riverlakes Ranch Golf Course inBakersfield(2022).PG has a disciplined growth strategy rooted inacquiringonlythosepropertieswherePGcanmakeadifferenceinthecommunity. Operational Leadership Mike Winn,LGM’s Operational Manager,isanaward-winning general manager.Known for his outstandingworkethicsandenthusiasm,he brings the leadership andknowledgebaseofbothaPGAClassAGeneralManageraswellasaclassAGolfCourseSuperintendentwiththeGCSAA. He has decades long experience working with both institutional andprivategolfowners.This has engrained in him the requisiteknowledgebasetostreamlinedecisionmaking,communication,andoperationalaccountability.2 Local Golf Management       Packet Pg. 35 Organizational Chart. Golf Operations •Mike Winn •Alice Arimitsu Food & Beverage •Fariel Winn Financial & Reporting •Ken Arimitsu •Patty Georges (CPA) 3 Local Golf Management PRESERVATON GOLF LLC LOCAL GOLF MANAGEMENT Local Golf Management 3433 Parkside Drive San Bernardino California Contact:Mike Winn,Partner General:(909)882-1638 Mobile:(858)922-5579 Email:ndrpar@msn.com       Packet Pg. 36 Considerations When deciding whether to manage a golf course, the three basic considerations are: Market Relevance, Property Condition, & Can We Move the Needle. Market Relevance Is the golf course and its business model sustainable in the market it serves? Property Condition Can We Move the Needle 4       Packet Pg. 37 Considerations When deciding whether to manage a golf course, the three basic considerations are: Market Relevance, Property Condition, & Can We Move the Needle. Market Relevance Property Condition What capital investments need to be addressed to insure operational sustainability? Does this make sense? Can We Move the Needle 5       Packet Pg. 38 Considerations When deciding whether to manage a golf course, the three basic considerations are: Market Relevance, Property Condition, & Can We Move the Needle. Market Relevance Property Condition Can We Move the Needle A better mousetrap. What are the operational and physical changes you need to address to make a difference? 6       Packet Pg. 39 1 MANAGEMENT AGREEMENT This MANAGEMENT AGREEMENT (“Agreement”) is made and entered into to be effective as of June 1, 2023 (the “Commencement Date”) by and between the City of San Bernardino, California, a charter city and municipal corporation (“City”), and Local Golf Management LLC, a California limited liability company (“Manager”). City and Manager may be individually referred to as a “Party” and collectively as the “Parties”. RECITALS A. Manager, together with its affiliates, is engaged in the ownership, management and operation of golf courses and country clubs in the United States. B. City is the owner of that certain real property located in San Bernardino, California, known as “Shandin Hills Golf Club” which includes an 18-hole golf course, clubhouse and other related amenities, buildings, structures and improvements related thereto, as depicted on Exhibit “A” to this Agreement (the “Facility”). C. The Facility has previously been operated by Arcis Golf (“Prior Operator”) under an agreement with City which has expired. D. City desires to utilize the services and expertise of Manager in the management, and operation of the Facility, and Manager desires to render such services upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, City and Manager hereby agree as follows: ARTICLE 1 - DEFINITIONS As used in this Agreement, terms not otherwise defined in the body of this Agreement shall have the respective meanings set forth in Exhibit “B” to this Agreement. ARTICLE 2 - TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall commence on the Commencement Date and shall continue for a period of five (5) years (the “Term”). Upon the expiration of the Term, this Agreement may continue on a month-to-month basis upon the mutual Agreement of the Parties. In the event that this Agreement continues on a month-to-month basis, the Agreement may be terminated by either Party upon sixty (60) days written notice. ARTICLE 3 – MANAGER RESPONSIBILITIES 3.1 Grant to Manager. Except as otherwise expressly provided in this Agreement, City grants to Manager the right to manage and operate the Facility pursuant to the terms of this Agreement, and Manager agrees it will manage and operate the Facility in accordance with the approved Annual Plan, and in a manner comparable to and consistent with the management and operational practices of the Comparable Facility to the extent established in the Annual Plan and approved by City (except as otherwise set forth in this Agreement). Manager shall perform its       Packet Pg. 40 2 services in a professional, timely and diligent manner. Without in any way limiting Manager’s right to manage and operate the Facility in accordance with the terms of this Agreement, Manager, subject to the approval of City and in accordance with the Annual Plan and the terms of this Agreement, shall have the authority and responsibility to: (a) implement each approved Annual Plan; (b) determine, establish, and implement the policies, standards, and schedules for the operation and maintenance of the Facility and all matters affecting customer relations; (c) hire, train, and supervise the general manager, course superintendent, and all Facility employees; (d) supervise and direct all phases of advertising, sales, marketing and business promotion for the Facility; and (e) establish payroll procedures and functions for the Facility. To the extent the foregoing duties are discussed, detailed or included in the Annual Plan, Manager will carry out such duties consistent with the Annual Plan. City agrees it will reasonably cooperate with Manager to permit and assist Manager to carry out its duties under this Agreement. Manager shall work with, and obtain any necessary approvals from, the City’s designated project manager, the City of San Bernardino City Manager, and/or the City’s designated Department Director. 3.2 Annual Plans. 3.2.1 Preparation. Manager will submit to City at least sixty (60) days in advance of each Operating Year an “Annual Plan” consisting of (a) a budget which shall include for the ensuing year estimates covering the projected revenues of the Facility (broken down on a line item basis) and the projected expenditures for (i) property operations and ordinary repairs, replacements, alterations and maintenance, (ii) Furnishings and Equipment and Operating Inventory, (iii) advertising, sales, and business promotion and (iv) employee compensation and (b) an operating/business plan for the Facility setting forth a marketing and promotions plan, a schedule of proposed golf charges, an operating schedule (which shall include hours of operation and staffing levels), a maintenance plan, and to the extent applicable, membership sales plans, membership dues and initiation fee schedules. City acknowledges that the Annual Plans and budgets and operating/business plans contained therein are estimates and will not and do not constitute a guarantee of the actual revenues or expenses of operating the Facility. The Parties understand that, as provided in Article 10, budgets for Major Capital Improvements will be treated separately and will not form part of the Annual Plans. The Annual Plan for the Initial Operating Year is attached as Exhibit “C” to this Agreement. 3.2.2 Approvals. Each Annual Plan shall be subject to the prior written approval of City, and the new Annual Plan for a given Operating Year cannot go into effect w ithout such approval from the City’s designated project manager, the City of San Bernardino City Manager, and/or the City’s designated Department Director, such approval not to be unreasonably withheld. It is contemplated by the Parties that the Annual Plan will be agreed upon by the Parties not later than forty (45) days following delivery of the Annual Plan by Manager to City. If City fails to advise Manager of any objections to the Annual Plan within such 45-day period, then City shall be deemed to have approved the Annual Plan as submitted. In the event of a dispute with regard to an Annual Plan, the Parties shall use good faith efforts to resolve such dispute. Pending the resolution of such dispute, Manager shall continue to manage and operate the Facility in accordance with the standards set forth in this Agreement and the most recent approved Annual Plan, as it may have been mutually amended by the Parties during the preceding year in accordance with the Agreement, at a level of expenditures comparable to those of the preceding year subject to reasonable increases in Operating Expenses requested by Manager and approved by City due to (a)       Packet Pg. 41 3 increases in the number of guests using the Facility, (b) increases in Gross Revenues, or (c) other matters beyond the reasonable control of Manager (e.g., without limitation, increases in utility charges, etc.). Once approved, Manager may propose amendments or revisions to the Annual Plan to take into consideration variables or events that did not exist, or could not be anticipated by Manager, at the time the Annual Plan was prepared. Any such proposed amendments or revisions shall be submitted in writing and shall be subject to City’s prior approval. City must advise Manager of any objects to amendments/revisions to the Annual Plan within fifteen (15) days of receipt. If City fails to advise Manager of any objects to the amendments/revisions during this 15-day period, then the City shall be deemed to have approved the revisions/amendments as submitted. Further, Manager and City shall meet on a quarterly basis during the Term to review the Annual Plan, discuss the revenues and expenditures during the prior quarter, identify any discrepancies between the Annual Plan and actual expenditures, and to the extent commercially reasonable and practicable in order to permit Manager to continue operating the Facility to the standards required herein, consider potential revisions to the Annual Plan as may be necessary to address any reduced revenues or increased expenses which were not contemplated in the Annual Plan. 3.2.3 Compliance. Manager shall use its best efforts to operate the Facility in accordance with the applicable Annual Plan. If Manager reasonably anticipates that Operating Expenses will exceed amounts so budgeted in the Annual Plan for a given Operating Year, it shall promptly notify City of the same. 3.2.4 Emergency Expenditures. Notwithstanding anything in this Agreement to the contrary, in the event an emergency arises by act of God or any event or act beyond the control of Manager, or a dangerous condition exists that requires immediate repair, or a governmental directive or order is issued to City, Manager is authorized to take such actions as may in its reasonable discretion be required (including expending any funds reasonably necessary to respond to such condition or event) to the extent required by that emergency; provided, however, that Manager shall immediately notify City of the emergency situation (or governmental directive or order) and the action Manager proposes to take, or has taken (including the amount of any expenditures). 3.3 Consulting Services. Upon City’s prior written request and approval, Manager may provide to the Facility additional consulting services not contemplated by this Agreement which would not otherwise be performed in the ordinary course of day-to-day operations of the Facility, including but not limited to special legal consultation, construction and design consultation and construction supervision related to Major Capital Improvements (“Consulting Services”). Upon City’s written request for the performance of a Consulting Services project, Manager shall prepare a scope of work and budget and submit to City for review and approval. Manager shall not commence any Consulting Services project without City’s prior approval. 3.4 Responsibilities of Manager. Without in any way limiting Manager’s right and obligation to manage and operate the Facility in accordance with and subject to the Annual Plan, Manager shall perform the following services, or cause the same to be performed for the Facility: (a) Upon prior written approval of City, enter into contracts for the furnishing of utilities and maintenance and other services to the Facility. Manager shall ensure that any       Packet Pg. 42 4 contracts comply with applicable Legal Requirements, including, but not limited to, prevailing wage and maintain insurance in forms acceptable to the City In the event that, that (i) any such contract which is for a term terminating after the next Annual Plan is due and for an aggregate cost in excess of five thousand dollars ($5,000) and is not otherwise approved via an Annual Plan shall be approved in advance by City, and (ii) in the event of a termination of this Agreement for any reason, City or City’s designee shall assume any such contracts which are then in effect and unexpired at the time of such termination and indemnify and hold harmless Manager from and against any additional obligations thereunder which may accrued after termination of this Agreement; (b) make all repairs, decorations, revisions, alterations and improvements to the Facility as shall be reasonably necessary for maintenance of the Facility in good, safe and sanitary order, condition and repair; all such maintenance, repairs, decorations, revisions, alterations and improvements noted in this section to be Operating Expenses of the Facility; (c) incur such expenses, as Operating Expenses of the Facility, as shall be necessary for the operation and maintenance of the Facility to the quality standards contemplated by this Agreement and the Annual Plans, including without limitation incurring lease expenses for Furnishings and Equipment and costs for Operating Inventory, expenses for insurance premiums in accordance with insurance coverage required hereunder, and payment of attorney’s fees and other costs of legal compliance; (d) maintain a level of Operating Inventory necessary to satisfy the quality standards contemplated by this Agreement and the Annual Plans and to supply the needs of the Facility and its customers; (e) apply for, and use its commercially reasonable efforts to obtain and maintain, in addition to the liquor license described in section 3.8 below, all licenses and permits reasonably required by City (or by applicable Legal Requirements) in connection with the operation and management of the Facility, in Manager’s name; and City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with Manager in the application for, and obtaining and maintenance of, such licenses and permits; (f) use its commercially reasonable efforts to do, or cause to be done, all such acts and things in and about the Facility as shall be reasonably necessary to comply with all Legal Requirements, and to discharge any lien, encumbrance or other charge on the Facility, including, with City’s prior written consent, hiring legal representation and paying attorney’s fees, as an Operating Expense of the Facility, as necessary to comply with Legal Requirements and defend the Facility against legal claims; (g) maintain a method of accounting in accordance with generally accepted accounting principles consistently applied (“GAAP”) which accurately reflects the Gross Revenues and Operating Expenses and disbursements of Manager in connection with the Facility’s operations;       Packet Pg. 43 5 (h) routinely inspect and report on the condition of golf course improvements, facilities and equipment; (i) submit a 5-year Capital Improvements program plan, updated annually, to City before the end of November of each contract year; (j) assist, as needed, in the preparation of the Master Plan for the Facility; (k) work with City in establishing realistic goals and practices in limiting golf course irrigation water consumption; (l) allow the meeting room to be available for City meetings at no cost to City unless the room has been rented and generating revenue; (m) comply with all applicable ordinances, resolutions and local policies; and (n) comply with all applicable laws and regulations, including State-required prevailing wages, as this is a “public work,” in accordance with Labor Code Section 1770 et seq. as further described in Section 11.27 of this Agreement. Manager shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. 3.5 Personnel. 3.5.1 General. Subject to the Annual Plan and the terms of this Agreement, Manager shall employ all of the employees of the Facility, and all such employees shall be deemed employees of Manager and not employees of City or joint employees of City and Manager. Manager shall recruit, hire, train, discharge, promote and supervise the management staff of the Facility (i.e., the general manager or course manager, the assistant managers, the course superintendent, department heads and other key personnel), and Manager shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Facility. For a period of one year after the date of termination of this Agreement pursuant to Section 7.1, City shall not solicit or hire as an independent contractor, agent or employee any general manager or superintendent hired or employed by Manager after the Effective Date for the Facility, without the written consent of Manager; provided however, City may solicit or hire or engage any general manager or superintendent employed at the Facility prior to the Effective Date without the consent of Manager. In the event that City is dissatisfied with the performance of any Manager personnel, the following procedure shall be followed: (i) City shall communicate any complaints regarding personnel below the rank of general manager to the general manager and shall communicate complaints regarding the general manager to Manager’s president or vice-president, and (ii) Manager shall reasonably and promptly investigate and take appropriate action, as determined by Manager, with respect to City’s complaints. The Compensation of the management staff and all other Facility employees shall be approved by City as part of the Annual Plan (or, in the event that a change in management staff occurs during an Operating Year and after the Annual Plan has been finalized, then as otherwise approved in writing by City) and be an Operating Expense of the Facility payable by City in accordance with this Agreement.       Packet Pg. 44 6 3.5.2 Benefit Plans. Manager shall have the right to provide eligible employees of the Facility with profit sharing and other employee retirement benefits and disability, health and welfare benefits and other benefit plan or plans now or hereafter available to employees of Other Manager Facilities, if such benefits have been approved in the Annual Plan, and to charge the Facility with its allocable share of such Manager plan or plans. 3.5.3 Temporary Assignment of Other Manager Personnel. If Manager shall reasonably deem it advisable, and after City’s prior written approval, Manager may temporarily assign to the Facility the general manager, the head golf professional and other members of the management staff from the employees of Manager or Affiliates of Manager or from the staff of Other Manager Facilities. During such time as these employees are temporarily assigned to the Facility, all such employees will be paid their regular Compensation, and the pro-rata share of such employees’ Compensation equal to the actual time such employees worked at the Facility shall be an Operating Expense of the Facility. 3.5.4 Nondiscriminatory Treatment. Manager shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Manager understands and agrees t hat it is bound by and will comply with all legal nondiscrimination mandates. Manager shall take commercially reasonable steps to ensure that its subcontractors, if any, comply with this Section 3.6.4. 3.6 Liquor License. Manager shall, as an Operating Expense of the Facility, obtain from Prior Operator the current liquor license issued by the State of California in Manager’s name, permitting the sale of alcoholic beverages (including beer, wine and liquor) at the Facility. Manager, as City’s agent, shall be solely responsible for liquor sales at the Facility and agrees to comply with all requirements of the rules and regulations of the State of California governing the sale of alcoholic beverages. As an Operating Expense of the Facility, Manager shall maintain in its name (and City shall reasonably cooperate with Manager in maintaining) the liquor license(s) in good standing, pay all required fees in connection therewith, and otherwise ensure the proper right and permission to sell alcoholic beverages at the Facility. Upon the termination of this Agreement for any reason, Manager shall cooperate in all respects and take all steps necessary to effectuate the transfer of the Facility’s liquor license to City or City’s designee, at no cost to City other than ordinary regulatory fees and reasonable attorneys’ fees. From and after the termination date and continuing until the date which is six (6) months thereafter, Manager shall cooperate with City in City’s efforts to obtain its own liquor licenses (or a transfer of Manager’s liquor licenses) to serve alcoholic beverages at the Facility. Manager agrees, on the termination date, to cause Manager to enter into (or cause the holders of the current liquor licenses to enter into) mutually acceptable bills of sale, interim management agreements, concession agreements, leases and other documents reasonably relating to, among other things, the continued sale and service of alcoholic beverages at the Facility pending the transfer or issuance of all appropriate licenses and permits to City.       Packet Pg. 45 7 ARTICLE 4 – INSURANCE 4.1 Coverage. (a) Manager agrees to procure and maintain, as an Operating Expense of the Facility, at all times during the Term, the insurance set forth on Exhibit “D”: (b) Manager shall have the right to raise the minimum amount of any insurance to be maintained with respect to the Facility under Subsections 4.1(a) above to make such coverage comparable to the amount of insurance carried with respect to Other Manager Facilities, taking into account the size, character and location of the Facility. At least sixty (60) days prior to the beginning of each Operating Year, the Party procuring such insurance will submit to the other Party a schedule setting forth any changes to the insurance pursuant to this Section to be maintained by the procuring Party during the ensuing Operating Year in connection with the Facility. 4.2 Policies and Endorsements. 4.2.1 Policies. All insurance coverage provided for under Section 4.1 above shall be secured through policies issued by insurance companies of good reputation and of sound and adequate financial responsibility which are approved to do business in the State of California. The Party procuring such insurance shall deliver to the other Party all of the policies of insurance so procured, naming the other Party as an additional insured, and in the case of insurance about to expire, shall deliver certificates of insurance with respect to renewal policies not less than ten (10) days prior to the respective dates of expiration. 4.2.2 Endorsements. All policies of insurance provided for under this Article 4 shall, to the extent obtainable, have attached an endorsement that such policy shall not be cancelled or materially changed without at least thirty (30) days prior written notice to City and Manager. All insurance policies required under Section 4.1 shall contain an endorsement to the effect that such insurance shall be primary and non-contributory to any similar insurance that may be carried by the other Party. 4.3 Waiver of Subrogation. Neither Manager nor City shall assert against the other, and Manager and City hereby waive with respect to each other, any claims and rights of recovery for any losses, damages, liability or expenses (including attorneys’ fees) incurred or sustained by either of them on account of injury to persons or damage to property arising out of the ownership, operation and maintenance of the Facility, to the extent that the same are covered by the insurance required under this Article 4. City and Manager hereby grant to each other, on behalf of any insurance company providing insurance under this Agreement, a waiver of any right of subrogation which any insurer or party may acquire against the other party by virtue of payment of any loss under any insurance policy. City and Manager shall give notice to the insurance companies providing insurance under this Agreement of the mutual waiver of subrogation contained in this Section 4.3, and City and Manager shall cause each such insurance company to provide a written subrogation waiver indicating that such insurance company waives all right of recovery by way of subrogation which such insurance company may acquire against City or Manager (as the case may be) and their insurance companies.       Packet Pg. 46 8 ARTICLE 5 - MANAGEMENT FEES 5.1 Management Fee. In consideration of Manager’s services during the Term, City shall pay to Manager a “Management Fee” equal to One Hundred Eighty Thousand Dollars ($180,000.00) per year, payable in twelve (12) monthly installments of $15,000.00. The Management Fee shall be paid to Manager in accordance with Section 5.2 of this Agreement. The Management Fee shall be increased annually by CPI. 5.2 Payment Schedule. City shall pay Manager the Management Fee in advance, no later than five (5) days following the first day of each month during the Term. City shall permit and hereby authorizes Manager to pay to Manager, from the Operating Account, the Management Fee and other fees and expenses which are legally due and owing hereunder. ARTICLE 6 BANK ACCOUNTS; WORKING FUNDS; RECORDS AND REPORTS; MANAGER PROPERTY 6.1 Bank Accounts. In connection with operation and management of the Facility, the following bank accounts shall be established by City and Manager in a bank or banks approved by City, and shall be subject to City’s control, audit and inspection (the “Bank Accounts”): 6.1.1 City Account and Operating Account. Manager shall establish a bank account for the Facility at a banking institution or institutions approved by City, such account to be in City’s name, and individuals designated and approved by City and Manager shall be signatories on the account (the “Operating Account”). Manager will collect, receive and deposit into the Operating Account all monies received by Manager from the operation of the Facility. City shall deposit all funds required to be furnished by City as working capital funds under Section 6.3 of this Agreement into the Operating Account, and Manager will disburse those monies from the Operating Account only for the purposes set forth in this Agreement. Notwithstanding the provisions of the foregoing, Manager shall be entitled to maintain funds in reasonable amounts in “cash register banks” or in petty cash funds at the Facility but Manager shall not open any other bank accounts related to the Facility except for the Operating Account. All records and bank statements shall be subject to access and inspection by City pursuant to the terms recited herein. All Gross Revenues of the Facility shall be collected, received and deposited by Manager exclusively through the Operating Account. Upon termination of this Agreement for any reason, any funds remaining in the Operating Account after payment of all final expenses, costs and obligations of the Facility incurred during the Term shall be paid to City. 6.2 Expenditures. Manager is authorized to pay, from the Operating Account such amounts at such times as are required in connection with the ownership, operation, maintenance, repair, and improvement of the Facility and related facilities and Manager’s performance under this Agreement in accordance with the approved Annual Plan, subject to the provisions of this Agreement, including but not limited to all amounts specifically payable to or reimbursable to Manager hereunder. 6.3 Account Funding. City shall deposit into the Operating Account all funds required for Manager to operate and maintain the Facility in accordance with this Agreement and       Packet Pg. 47 9 the Annual Plans, including, without limitation, funds for Manager to timely fund Operating Deficits, if any. Upon execution of this Agreement, City shall cause the working capital sum established in the Annual Plan for the Initial Operating Year (the “Working Capital Amount”) to be deposited into the Operating Account as initial working capital for the Facility. On the first day of each month during the Term, Manager shall notify City of the total funds then in the Operating Account, and within seven (7) business days following such notification, City shall deposit additional funds into the Operating Account in the amount required to bring the Operating Account balance to an amount necessary to pay the projected Operating Expenses for the upcoming month, which amount Manager shall request along with a detailed accounting of the projected Operating Expenses for the upcoming month. Manager shall not, under any circumstance, be required to, or be deemed to have any duty to, advance any of its own funds for the operation of the Facility. Manager shall analyze all bills received for services, work and supplies in connection with maintaining and operating the Facility. Manager shall pay, on behalf of City, all such bills in accordance with the Annual Plan as and when the same shall become due and payable. If there are insufficient funds in the Operating Account to make any payment, Manager shall promptly notify City prior to any delinquency so that City shall have an opportunity to transfer sufficient funds for Manager to make such payment prior to the imposition of any penalty or late charge as provided herein. In the event that Manager should advance any of its own funds for the operation of the Facility due to the failure of City to timely fund the Working Capital Amount as required hereunder, or to make any other payment to Manager required hereunder, Manager shall be entitled, without any further approval or authorization of City, to reimburse itself for such advances, from the Operating Account upon funding of the Operating Account by City; provided, however, that in such situation Manager shall notify City in writing of such reimbursement. 6.4 Accounting Procedures. 6.4.1 Inspection and Disclosure of Records. Upon advance written notice to Manager setting forth the time of inspection and records to be inspected during normal business hours, City or its authorized auditors and representatives shall have access to and the right to audit and reproduce any of Manager’s records to the extent City deems necessary to ensure City is receiving all monies to which City is entitled under this Agreement or for other purposes relating to this Agreement. Manager acknowledges that the City must comply with the California Public Records Act (Cal. Gov. Code §§ 6250 et seq.). Accordingly, any and all records required to be provided to City under this Agreement are subject to public disclosure at any time, without notice, pursuant thereto, including but not limited to this Agreement in its entirety. 6.4.2 Records Preservation. Manager shall maintain and preserve all such records for a period of at least three (3) years after termination of this Agreement. Upon termination of the Agreement, Manager shall transfer currently maintained records to the City. 6.5 No Default due to Lack of Funds. If Manager is unable to perform any of its agreements or covenants under this Agreement because of the failure on the part of City to provide the funds pursuant to Section 6.3, such failure of performance on the part of Manager shall not be deemed a default on the part of Manager and shall not give rise to any right of termination, damages or any other remedy against Manager, unless the failure to provide the funds is due to the       Packet Pg. 48 10 occurrence of a breach of this Agreement by Manager or the gross negligence, willful misconduct or fraud by Manager. 6.6 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the Facility. For this purpose, City agrees it will make available to Manager, or Manager’s representatives, all books and records in City’s possession relating to the Facility, including contract documents, invoices and construction records. All books and records for the Facility shall be located at the Facility. 6.7 Reports to City. Manager will deliver, or will cause to be delivered, to City the following forecasts and statements: (a) within twenty (20) days after the end of each calendar month, an update to the Annual Plan together with monthly and year-to-date financial statements which shall include a balance sheet, a profit and loss statement (on an accrual basis) showing the results of operation of the Facility for such month and for the year to date; and (b) within sixty (60) days after the end of each Operating Year, financial statements, including a balance sheet, a profit and loss statement and actual versus budget comparison showing the results of operation of the Facility for such year (it being understood and agreed that such annual statement will reflect the annual Management Fee paid to Manager, calculated as provided in Article 5). 6.8 Accounting Firm; Audit. Manager shall, if requested by City, but not more than one time during a twelve month period, hire an independent certified public accounting firm selected by City to audit the financial statements required under this Agreement and/or all other records or written materials used by Manager in generating the financial statements or perform agreed upon procedures requested by City. Manager shall promptly furnish all documents requested by City, train the accounting firm with respect to the use and application of Manager’s accounting software and supervise the work of the accounting firm. All fees and charges of the accounting firm shall be an Operating Expense of the Facility. 6.9 Manager Accounting Software; Other Personal Property Owned by Manager. The Parties acknowledge and understand that the accounting software used at the Facility is owned or licensed or leased by Manager, and City shall have no rights or interests in such software. Upon the expiration or earlier termination of this Agreement, the accounting software and other personal property at the Facility owned by Manager shall be removed from the Facility by Manager within thirty (30) days of such expiration or termination; provided, however, the financial data of and related exclusively to the Facility shall remain the property of City. Manager shall transfer such data to the City during this 30-day period. ARTICLE 7 - TERMINATION RIGHTS 7.1 Termination by City. City shall have the right to terminate this Agreement upon the occurrence of any one of the following events: (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement, to be kept, observed or performed by Manager,       Packet Pg. 49 11 and such default continues for a period of thirty (30) days after written notice of such default by City to Manager; or (b) (i) Manager applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) Manager files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency proceeding filed against Manager; (iv) Manager admits in writing its inability to pay its debts as they come due; (v) Manager makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Manager a bankrupt or insolvent or approving a petition seeking reorganization of Manager or appointing a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days. City’s right to terminate pursuant to this Section 7.1 shall be exercised upon thirty (30) days additional written notice to Manager given at any time after the applicable cure period has expired. City’s termination notice shall specify the effective date of such termination. 7.2 Termination by Manager. Manager shall have the right to terminate this Agreement upon the occurrence of any one of the following events: (a) City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice of such default by Manager to City; or (b) (i) City applies for or consents to the appointment of a receiver, trustee or liquidator of City or of all or a substantial part of its assets; (ii) City files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) City files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency proceeding filed against City; (iv) City admits in writing its inability to pay its debts as they come due; (v) City makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating City a bankrupt or insolvent or approving a petition seeking reorganization of City or appointing a receiver, trustee or liquidator of City or of all or a substantial part of the assets of City, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days; Manager’s right to terminate pursuant to this Section 7.2 shall be exercised upon thirty (30) days additional written notice to City given at any time after the applicable cure period has expired. Manager’s termination notice shall specify the effective date of such termination. 7.3 Curing Defaults. Any default by Manager or City under the provisions of Section 7.1 or 7.2, as the case may be, which is susceptible of being cured shall not constitute a basis for termination of this Agreement if the nature of such default shall not permit it to be cured within the cure period allotted; provided that within such cure period the alleged Party in default       Packet Pg. 50 12 shall have given notice of its intent to cure, has commenced to cure such default, and is proceeding to complete the cure in good faith and with reasonable diligence by a date which is not more than six (6) months after the date of notice of default. 7.4 Effect of Termination. The termination of this Agreement under the provisions of this Article 7 shall not affect the rights of the terminating Party with respect to pursuing any remedies available to it including pursuing specific performance and/or the collection of damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either Party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. Should either Party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of any alleged breach of any provision of this Agreement or for any other judicial remedy, the prevailing Party shall be entitled to receive from the losing Party all reasonable attorneys’ fees and costs incurred in connection with said proceeding. 7.5 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a Party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 7.6 Indemnification for Post-Termination Events. City shall indemnify and hold harmless Manager and its owners, officers, directors, and employees from all costs, expenses, claims, damages, and liabilities arising or resulting from the failure of City following the expiration or earlier termination (for whatever cause) of this Agreement to fulfill its legal obligations to assume and provide any tournaments, banquets, meetings, and other group functions to be held at the Facility (collectively, “Events”) contracted for by Manager prior to such expiration of termination of the Agreement pursuant to its rights and obligations under this Agreement (or contracted for prior to the Commencement Date), which Events are to be provided after the expiration or termination of this Agreement, provided that, on or before termination of the Agreement, Manager has paid to City an amount equal to all deposits received from clients for reservation of such Events. 7.7 Transition. Upon the proper termination of this Agreement, City and Manager shall cooperate, in good faith, to ensure an orderly transition of the management and operation of the Facility from Manager to City. 7.7.1 Licenses and Permits. Upon termination of this Agreement, Manager shall, at no cost to Manager and City, if possible (and if not possible to do so at no cost to either Party, then at City’s cost), transfer any and all licenses and permits which are in Manager’s name to City or City’s designated new operator, and/or assist City or City’s designated new operator in obtaining new licenses and permits as necessary. ARTICLE 8 - ASSIGNMENT 8.1 Assignment. 8.1.1 Prohibited Assignments. Except as provided in Sections 8.1.2 and 8.1.3, neither Party shall assign this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld, delayed or conditioned. It is understood and agreed that       Packet Pg. 51 13 any consent granted by a Party to any such assignment shall not be deemed a waiver of any consent required under this Section 8.1.1 as to any future assignment. 8.1.2 Permitted Assignment by Manager. Manager shall have the right, without the consent of City, to assign this Agreement to any Affiliate of Manager or in connection with the sale of all or a substantial portion of Manager’s assets by providing notice to City, provided that the Affiliate or purchaser of Manager’s assets expressly assumes all of Manager’s obligations hereunder, and further provided that in the event of a sale of all or a substantial portion of Manager’s assets to a third party, City shall have the right but not the obligation to terminate this Agreement with thirty (30) days written notice to Manager. 8.1.3 Permitted Assignment by City. City shall have the right, without the consent of Manager, to assign this Agreement to any Affiliate or to any third party in connection with the sale of the Facility, provided that the Affiliate, assignee or transferee (as applicable) expressly assumes all of City’s obligations hereunder, and further provided that in the event of a sale of the Facility to a third party, Manager shall have the right but not the obligation to terminate this Agreement upon fifteen (15) days advance written notice to both City and its assignee. 8.1.4 Remedies. Any assignment by either Party of this Agreement in violation of the provisions of this Section 8.1 shall be null and void and shall result in a termination of this Agreement. In addition to any other remedies available to the Parties, the provisions of this Section 8.1 shall be enforceable by injunctive proceeding or by a suit for specific performance. 8.2 Successors and Assigns. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, legal representatives, successors and assigns. ARTICLE 9 - DAMAGE OR DESTRUCTION; EMINENT DOMAIN 9.1 Damage or Destruction. Should the Facility be destroyed or substantially damaged by fire or other casualty, City, by written notice to Manager given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement, and in such event neither Party shall have any further obligation to the other Party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section 9.1, the Facility shall be deemed to have been substantially damaged if, in the reasonable opinion of City, full and productive economic use of the Facility cannot be made and the estimated length of time required to restore the Facility substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months. If this Agreement is not terminated in the event of damage to the Facility because the damage does not amount to substantial damage as described above, then City shall proceed with all due diligence to commence restoration of the Facility , but only to the extent that City has received insurance proceeds in connection with such damage or destruction. 9.2 Eminent Domain. If all of the Facility or premises (or such a substantial portion of the premises so to make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the premises for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the       Packet Pg. 52 14 power of eminent domain, then upon the date that City shall be required to surrender possession of the premises or of that substantial portion of the premises, this Agreement shall terminate and neither Party shall have any further obligation to the other Party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Facility shall not make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the premises for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and City shall proceed to repair any damage to the Facility, but only to the extent that City has received compensation in connection with such taking. ARTICLE 10 - MAJOR CAPITAL IMPROVEMENTS Any Capital Improvement involving an addition to the Facility or renovation or refurbishing designed to upgrade or change the nature or image of the Facility, which costs more than $25,000 in the aggregate, shall be deemed to be a “Major Capital Improvement.” Any Major Capital Improvement project is in City’s sole control and discretion, and all costs and expenses of any Major Capital Improvement shall be paid solely by City. The Parties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of Manager with respect to any aspect of a Major Capital Improvement project, including design, construction, or supervision. ARTICLE 11 - GENERAL PROVISIONS 11.1 Purchases by Manager. Manager shall use reasonable efforts to obtain the optimum combination of quality, price and terms for all purchases for the Facility utilizing its extensive contacts and experience in purchasing golf course related items. 11.2 Purchases from Manager Affiliates. If any purchases of goods or services for the Facility are made from or through an Affiliate of Manager, the charges to the Facility for such goods or services shall be on the same terms as those made to Other Manager Facilities, and such charges shall not exceed the market prices for such goods and services. 11.3 Indemnities. 11.3.1 Manager’s Indemnity. Manager agrees to indemnify, protect, defend and hold harmless City and City’s officials, officers, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys’ fees, costs, and expenses: (a) which result from any act or omission constituting gross negligence or willful misconduct or fraud by Manager or any Affiliate, officer, director, agent, independent contractor, or employee of Manager in connection with Manager’s performance under this Agreement or under the Annual Plans; or (b) which result from any action taken by Manager or its Affiliates, employees or agents relating to the Facility (i) that is expressly prohibited by this Agreement or by any Annual Plan (unless an exception to the Annual Plan was approved by City or is otherwise permitted herein), or (ii) that is not within Manager’s delegated authority under this Agreement or       Packet Pg. 53 15 under any Annual Plan (unless an exception to the Annual Plan was approved by City or is otherwise permitted herein). Manager’s indemnity obligations under this Section 11.3.1 shall not apply to any acts or omissions taken (or in the case of omissions, not taken) to the extent they are at the express direction or with the express approval of City, or to the extent any acts or omissions taken (or in the case of omissions, not taken) constitute gross negligence or willful misconduct by City, unless such act or omission constitutes gross negligence or willful misconduct or fraud on the part of any employee of Manager. 11.3.2 City’s Indemnity. City agrees to indemnify, protect, defend, and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys’ fees, costs and expenses relating to the Facility, or the operations thereof: (a) To the extent resulting from any act or omission by Manager in connection with the management and operation of the Facility (i) that is expressly authorized by this Agreement, or (ii) that is within the scope of Manager’s duties under this Agreement, or (iii) that is within Manager’s delegated authority under this Agreement, or (iv) that was at the express direction or with the express approval of City, unless and to the extent that such act or omission constitutes gross negligence or willful misconduct or fraud on the part of any employee of Manager (and was neither at the express direction of City nor with the express approval of City) in which event Manager shall not be indemnified, protected, defended or held harmless under this Section 11.3.2. 11.4 Facility Names. The Facility shall be known by such trade names and/or trademarks or logos as may from time to time be determined by City. All names, logos and designs used at the Facility shall be the exclusive property of City; provided, however, during the term of this Agreement Manager shall have a non-exclusive license to use such names, logos and designs in connection with the operation of the Facility. Manager may identify the Facility as a golf course managed and operated by Manager. 11.5 Notices. All notices, demands, requests, consents, approvals, replies and other communications (“Notices”) required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. Notice by personal delivery shall be deemed effective at the time of personal delivery. Notice also may be given by means of e-mail; provided, however, that in order for an e-mail Notice to be deemed effective, the Party giving notice by e-mail shall provide a “hard copy” of the e-mail Notice thereafter to the other Party pursuant to one of the three methods of “hard copy” delivery specified in this Section.       Packet Pg. 54 16 For purposes of Notices hereunder, the address of City shall be: City of San Bernardino, California Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attention: City Manager With a copy to: City Attorney City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 For purposes of Notices hereunder, the address of Manager shall be: Local Golf Management LLC 3433 Parkside Dr. San Bernardino, California 92404 Attention: Ken Arimitsu With a copy to: Addison Law Firm 5429 LBJ Freeway, Suite 400 Dallas, Texas 75240 Attention: Timothy J. Clow Each Party shall have the right to designate a different address within the United States of America by the giving of notice in conformity with this Section 11.5. 11.6 No Partnership or Joint Venture. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. Manager shall perform all activities hereunder as an independent contractor, and no employer-employee or principal-agent relationship shall be established by this Agreement or the performance hereof. 11.7 Modification and Changes. This Agreement may be amended or modified only by a writing signed by both Parties. 11.8 Understandings and Agreements. This Agreement constitutes all of the understandings and agreements of whatever nature or kind existing between the Parties with respect to Manager’s management and operation of the Facility. 11.9 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement.       Packet Pg. 55 17 11.10 Consents. Each Party agrees that it will not unreasonably withhold any consent or approval requested by the other Party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified. Similarly, each Party agrees that any provision of this Agreement which permits such Party to make requests of the other Party shall not be construed to permit the making of unreasonable requests. 11.11 Survival of Covenants. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 11.12 Third Parties. None of the obligations under this Agreement of either Party shall run to or be enforceable by any Party other than the Parties to this Agreement or by a Party deriving rights under this Agreement as a result of an assignment, subordination or similar agreement permitted pursuant to the terms hereof. 11.13 Waivers. No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 11.14 Applicable Law; Venue. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. Venue for any action relating to this Agreement shall be properly in San Bernardino County. 11.15 No Presumption Regarding Drafter. City and Manager acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 11.16 Enforceability of Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 11.17 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 11.18 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. A signed copy of this Agreement transmitted by fax or       Packet Pg. 56 18 email to either of City or Manager shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement and any amendment may be executed using an electronic signature. 11.19 Gender and Number. Whenever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain gender shall be deemed to include either of both of the other genders. 11.20 Further Assurance. City and Manager agree that at any time or from time to time after the execution of this Agreement, each shall, upon the request of the other, execute and deliver such further documents and do such further acts and things as such Party may reasonably request in order to fully effect the purpose of this Agreement. 11.21 Waiver of Jury Trial. The Parties hereby waive trial by jury in any action, proceeding, or counterclaim brought by either of the Parties hereto on any matter whatsoever arising out of or in any way connected with this Agreement. 11.22 Conflict of Interest. City acknowledges that an affiliate of Manager owns and operates the Comparable Facility and City hereby waives any claim that such ownership and operation violates City’s conflict of interest code or policy. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, any Party or any Party’s affiliates, parent corporation or representatives or principals from engaging in any other businesses or investments. 11.23 Force Majeure. Neither City nor Manager shall be responsible for delays or failures in performance resulting from acts beyond the control of either Party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters. 11.24 Taxes. Manager shall be liable for and agrees to pay promptly and prior to delinquency, at its own expense and not as an Operating Expense of the Facility, any tax or assessment which may be levied by any governmental authority solely against Manager, related to Manager’s corporate existence or corporate operations, separate and independent from any taxes which are levied by any governmental authority and related to the ownership, operation or possession of the Facility, which shall be Operating Expenses of the Facility. 11.25 Exclusive Negotiating Period. As additional consideration for the execution of this Agreement, until the date provided for in this Section, City shall not, directly or indirectly, negotiate, initiate, solicit or encourage any inquiries or the making or implementation of any proposal or offer with any person or entity other than Manager regarding the development or re-development of the Facility or any portion thereof, or solicit or entertain bids or proposals to do so. For purposes of this Section, the term “Manager” shall mean Manager as of the date of this Agreement or an entity formed by Manager, in which Manager is a general partner or administrative member or managing member, for the purpose of developing or re-developing the Facility. Manager acknowledges, however, that City may, from time to time, be contacted by other developers regarding the Facility and that such contact is permitted so long as City does not initiate the contact and indicates to such other developers that City has executed this Agreement with Manager and that City is unable to discuss negotiations with Manager, or entertain any offer or       Packet Pg. 57 19 proposals, or to negotiate with any other developer with respect to the Facility, until this Exclusive Negotiating Period expires or the Agreement is terminated. City will cause its directors, officers, employees, agents and other representatives to comply with this Section 11.25. During the final year of the Term of this Agreement, City and Manager shall negotiate potential terms of an Agreement extension. If the City and Manager have not agreed to a contract extension by October 1, 2027, then the Exclusive Negotiating Period outlined in this Section shall end and the City shall be free to negotiate, initiate, solicit or encourage with any person or entity regarding the Facility. Notwithstanding the foregoing, this Section shall not include the negotiat ion for Major Capital Improvements as further described in Article 10 of this Agreement. 11.26 Independent Entity. City recognizes and acknowledges that Manager is an independent entity, chartered under the laws of the State of California, to whom City will solely look and who is solely responsible for the obligations and liabilities of Manager related to the transactions contemplated hereby. City further recognizes and acknowledges that no other entity or entities, including any individual or any entity affiliated with Manager, is in any manner liable or responsible for the obligations and liabilities of Manager related to the transactions contemplated hereby. City agrees that the parent or affiliated entities of Manager may form, organize, provide services to, provide loans and funds to, negotiate for, provide personnel to, make representations on behalf of, and from time to time take actions on behalf of or for the benefit of Manager by direct dealings with City or those acting for it, and that any such actions shall be deemed to be the actions of Manager and not of the affiliate, even if the affiliate is paid a fee by Manager. 11.27 Benefit of Shandin Hills Golf Club. City and Manager agree that any actions taken by Manager under this Agreement shall be for the sole benefit of the operations of the Shandin Hills Golf Club and not in furtherance of other golf courses that are managed in Manager within the City’s jurisdiction. To that extent, City and Manager agree to expressly to deal with each other honestly, fairly and in good faith in all respects in furtherance of their mutual performances with respect to this Agreement. In the interest of transparency, Manager agrees to allow City to inspect certain records related to Manager’s operations at other golf courses within the City’s jurisdiction. Such requests may not occur more than once per year. 11.28 Prevailing Wage. Manager is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Ti tle 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, Manager agrees to fully comply with such Prevailing Wage Laws, if applicable. It shall be mandatory upon the Manager and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance”       Packet Pg. 58 20 project, then pursuant to Labor Code Section s 1725.5 and 1771.1, the Manager and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Manager 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 Manager’s sole responsibility to comply with all applicable registration and labor compliance requirements. [REMAINDER OF PAGE IS INTENTIONALLY BLANK]       Packet Pg. 59 21 IN WITNESS WHEREOF, the Parties have executed or caused this Agreement to be executed effective as of the day and year first written above. “CITY” CITY OF SAN BERNARDINO, CALIFORNIA Approved By: By: Name: Title: Attested By: By: Name: Title: Approved as to Form: By: Name: Title: “MANAGER” LOCAL GOLF MANAGEMENT LLC By: Name: Title:       Packet Pg. 60 22 EXHIBIT A FACILITY MAP (See Attached)       Packet Pg. 61 23       Packet Pg. 62 24 EXHIBIT B - DEFINITIONS Affiliate means any and all corporations, partnerships, trusts, limited liability companies and other entities directly or indirectly controlled by, controlling, or subject to direct common control of an entity or person. Capital Improvements means any alteration or addition to, or rebuilding or renovation of, the Facility which is considered a capital expenditure under GAAP, the cost of which is not charged to ordinary property operations, repair, replacement, alteration and/or maintenance. Community Special Events means hosting a variety of golf and non-golf events such as movie nights, 4th of July, concerts at the course, food/beverage tastings, 5k or 10k runs, tournaments, disc golf, foot golf and youth activities/programs. Comparable Facility means Arrowhead Country Club in San Bernardino, California. Compensation means the direct salaries and wages paid to or accruing for the benefit of any manager or other employee, together with all fringe benefits payable to or accruing for the benefit of such manager or other employee, including employer’s contribution under the Federal Insurance Contributions Act (“FICA”); unemployment compensation, or other employment taxes; pension fund contributions, worker’s compensation, group life and accident and health insurance premiums as well as any payments made by Manager which fall within the deductible amounts of any such policies; profit sharing; retirement; disability; and other similar benefits but only to the extent established in the Annual Plan and approved by City or otherwise approved by City as set forth in Section 3.6.1. CPI means The United States Department of Labor, Bureau of Labor Statistics, All Items Consumer Price Index for All Urban Consumers (all items for Riverside, San Bernardino, Ontario, California on the basis of 1982 - 1984 equals 100). Notwithstanding the foregoing, if the format or components of the CPI are materially changed after the date hereof, then City and Manager shall mutually agree to a substitute index which is published by the Bureau of Labor Statistics or similar agency and which is most nearly equivalent to the CPI in effect as of the date hereof. Furnishings and Equipment means all furniture, furnishings, trade fixtures, apparatus and equipment, including golf course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, buckets, cash registers, rental golf clubs, ball washers, benches, uniforms, and other personal property used in or held in storage for use in the operation of the Facility, other than Operating Inventory and fixtures attached to and forming part of the Improvements. Gross Revenues means all amounts received as a result of the operation of the Facility and the sale of goods and services at the Facility, determined on an accrual basis and consistent with the income/operating statements generated by Manager in the ordinary course of business. Gross Revenues shall include, without limitation, the following generated at the Facility: all green fees; rental fees for golf carts, golf clubs, and other rental items; range balls; rental and concession payments; food and beverage sales; liquor sales; revenue generated from space rentals and from       Packet Pg. 63 25 meetings, banquets, parties, receptions, tournaments, and other group gatherings; merchandise sales; instruction fees; vending sales (or, if applicable, receipts from vending companies); and proceeds from business interruption insurance. Gross Revenues shall not include the following: (a) Cash refunds or credits allowed on returns by customers; (b) Sales taxes, excise taxes, gross receipts taxes and other similar taxes now or later imposed upon the sale of food, beverages, merchandise or services and paid to the appropriate taxing authority, whether added to or included in the selling price; (c) Fees charged by a golf professional functioning as an independent contractor for the teaching of golf lessons and instruction to the extent the Facility operation does not receive revenue from such golf lessons (d) Receipts in the form of refunds from, or the value of merchandise, supplies or equipment returned to, shippers, suppliers or manufacturers; (e) The amount of any gratuities paid or given by customers to Facility employees; (f) Proceeds of insurance other than business interruption insurance or similar types of insurance; (g) Any interest earned on any City provided bank account or funds; (h) The actual uncollectible amount of any check or bank draft received as payments for goods or services and returned from a bank as being uncollectible; and (i) The actual uncollectible amount of any sale of merchandise or services for which a credit card was accepted. Legal Requirements means all laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of all governments and governmental authorities, which now or hereafter may be applicable to the Facility and the operation of the Facility. Major Capital Improvements has the meaning set forth in Article 10. Operating Expenses means utility costs, costs of purchasing Operating Inventory, Compensation and expenses of the management staff and other employees directly employed at the Facility, advertising and promotion, ordinary repairs, replacements, alterations and maintenance, cart and equipment lease payments, insurance premiums, the Management Fee, taxes and all other expenses relating to the operation of the Facility and/or payable under the Annual Plan that would be expensed in accordance with GAAP, except as provided in the next paragraph. Operating Expenses shall not include principal and interest payments on any promissory note or other debt instrument and payments under a deed of trust or mortgage (if any); depreciation; amortization; costs incurred as a result of any assignment of this Agreement or sale of the Facility; income taxes paid or payable by City on the income from the Facility.       Packet Pg. 64 26 Operating Inventory means consumable items used in or held in storage for use in the operation of the Facility, including scorecards and cart tickets, driving range balls, professional shop merchandise, food and beverages, paper and plastic ware, fuel, cleaning materials, fertilizers, pesticides, linens, glassware, sanitation supplies and other similar items. Operating Year means any 365 day period during the Term beginning on the Commencement Date or any anniversary of the Commencement Date. Other Manager Facilities means all other golf course facilities within the United States owned, leased, managed and/or operated, directly or indirectly, by Manager.       Packet Pg. 65 27 EXHIBIT C ANNUAL PLAN FOR INITIAL OPERATING YEAR       Packet Pg. 66 28       Packet Pg. 67 29       Packet Pg. 68 30 EXHIBIT D SCHEDULE OF REQUIRED INSURANCE I. Property and Business Interruption Insurance. A. All risk property insurance for the full replacement value covering physical loss or damage to all buildings and improvements now existing or hereafter erected upon or above the Facility, which shall include extended coverage against such perils of fire, lightning, windstorm, collapse, and sprinkler leakage. Such policy shall also provide (a) comprehensive boiler and machinery coverage, including pressure vessels, air tanks, boilers, machinery pressure piping, heating, air conditioning, (b) earthquake coverage, if applicable and available at commercially reasonable rates in the region where the Facility is located, and (c) flood coverage in an amount not to exceed $1,000,000 if the Facility is not in a special flood hazard zone, and, if the Facility is in a special flood hazard zone, flood coverage in an amount available at commercially reasonable rates through the applicable governmental agency. Such policy shall also cover all equipment, fixtures, motors, machinery, furnishings and furniture installed and owned or leased by Owner and used in connection with the Facility or with the buildings and improvements upon or above the Facility, including all alterations, rebuilding, replacements and additions thereto (as hereinafter defined) at the option of City. If any insurer, or any governmental agency or authority having jurisdiction over the Facility, shall at any time require that the foundations be insured in order to relieve the insured from the responsibility as a co-insurer or for any other purpose, the obligations with respect to insurance herein shall henceforth be increased to the extent so required. B. Business Interruption Insurance providing coverage in an amount equal to twelve (12) months of net operating income at the Facility, or such other amount as is mutually satisfactory to Manager and City. II. Liability Insurance. A. Commercial general liability insurance against claims for bodily injury, death, property damage and sexual abuse and molestation occurring on, in or about the Facility with a combined single limit of not less than Two Million Dollars ($2,000,000); Employee Benefits Liability insurance with a combined single limit for each occurrence involving personal injury, death or property damage (including any loss of use resulting therefrom) in an amount not less than that generally provided with respect to the Comparable Facilities, but in no event shall the limits of such coverage be less than One Million Dollars ($1,000,000) per location and per single occurrence and Two Million Dollars ($2,000,000) in the aggregate per location. For the avoidance of doubt, this policy shall be a location based policy. B. Liquor liability insurance having coverage terms at least as broad as those found in standard ISO forms. Such policy shall have an aggregate limit of at least One Million Dollars ($1,000,000) per single occurrence and in the aggregate. Manager shall be entitled, from time to time, to designate such higher limits as it deems reasonably necessary (or as required under any loan and/or plan documents). In the event that Manager, or Manager’s Affiliate, holds the liquor       Packet Pg. 69 31 license for the Facility, Manager shall be the named insured (and City shall be an additional insured) with respect to the foregoing insurance coverage. C. Automobile liability insurance on vehicles operated in conjunction with the Facility against claims for damages on owned vehicles, non-owned vehicles, and uninsured motorist coverage (where required by statute), with a combined single limit for each occurrence involving personal injury, death or property damage (including any loss of use resulting therefrom) in an amount not less than that generally provided with respect to the Comparable Facilities, but in no event shall the limits of such coverage be less than One Million Dollars ($1,000,000) per occurrence. D. Umbrella liability insurance with limits of not less than Ten Million Dollars ($10,000,000) per single occurrence and in the aggregate. E. Pollution insurance policy (including, but not limited to Herbicide and Pesticide coverage) with a limit of not less than One Million Dollars ($1,000,000) per single occurrence, including coverage for on-site and off-site clean up as well as third party coverage for on-site and off-site third party claims for bodily injury and property damage. F. Privacy liability insurance covering employee and member/guest data at the Comparable Facilities with limits as determined by Manager and City. This coverage does not apply to computers at facilities not on the Manager network or networks managed by Manager. III. Workers Compensation and Employer’s Liability (provided that Manager employs the employees). A. Workers’ compensation and Employer’s liability insurance as may be required under applicable laws covering all of Manager and its Affiliates’ employees employed at the Facility. B. Comprehensive crime insurance covering Manager employee theft and dishonesty with a limit of at least One Million Dollars ($1,000,000) per occurrence. C. Employment practices liability insurance covering Manager employees with a limit of at least One Million Dollars ($1,000,000) per occurrence.       Packet Pg. 70       Packet Pg. 71       Packet Pg. 72       Packet Pg. 73       Packet Pg. 74       Packet Pg. 75       Packet Pg. 76       Packet Pg. 77       Packet Pg. 78       Packet Pg. 79       Packet Pg. 80       Packet Pg. 81       Packet Pg. 82       Packet Pg. 83       Packet Pg. 84       Packet Pg. 85       Packet Pg. 86       Packet Pg. 87       Packet Pg. 88       Packet Pg. 89       Packet Pg. 90       Packet Pg. 91       Packet Pg. 92       Packet Pg. 93       Packet Pg. 94 1 3 3 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager By: Barbara Whitehorn, Agency Director of Administrative Services; and Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Finance Subject:Fiscal Year 2023-24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Recommendation: It is recommended that the Mayor and City Council adopt Resolution Nos. 2023-064, 2023-065, 2023-066, 2023-067, and 2023-068 of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2023-24 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district. Background The City Council previously adopted a resolution initiating proceedings to levy and collect assessments for Fiscal Year 2023-24 in various assessment districts previously established by the City of San Bernardino and ordered the preparation of an engineer’s report for each assessment district. The engineer’s reports which have been prepared by Spicer Consulting Group, LLC, the Engineer of Record, detail the assessments proposed to be levied on assessable lots and parcels of property within each of the assessment districts and have been filed with the City Clerk. Discussion The attached engineer’s reports detail the assessments proposed to be levied and       Packet Pg. 95 1 3 3 6 collected from the owners of property within the City’s various assessment districts for Fiscal Year 2023-24 to pay the costs of the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities during Fiscal Year 2023-24. The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district. The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in each engineer’s report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements. Annually, the City Council considers adoption of resolutions declaring intention to levy and collect assessments within the various assessment districts. The attached resolutions call a public hearing for July 19, 2023 on each engineer’s report and the assessments to be levied on assessable lots and parcels of property in each assessment district for Fiscal Year 2023-24. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3: Improved Quality of Life, under 3d: Improve the City’s appearance, cleanliness and attractiveness. 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 assessment on properties within the assessment districts provides revenue to offset the cost of maintenance of public improvements to serve the development project. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel. There is no fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council adopt resolution Nos. 2023-064, 2023-065, 2023-066, 2023-067, and 2023-068 of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2023-24 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district. Attachments Attachment 1 – Resolution No. 2023-064 – Levy FY 2023-24 Assessment District Nos. 1017, 1019, 1020, 1023, and 1024       Packet Pg. 96 1 3 3 6 Attachment 2 – Resolution No. 2023-065 – Levy FY 2023-24 Assessment District Nos. 1025 & 1027 Attachment 3 – Resolution No. 2023-066 – Levy FY 2023-24 Assessment District No. 1022 Attachment 4 – Resolution No. 2023-067 – Levy FY 2023-24 Assessment District Nos. 1028-1068 Attachment 5 – Resolution No. 2023-068 – Levy FY 2023-24 Assessment District Nos. 951-1016 Ward: All Wards Synopsis of Previous Council Actions: 4/19/2023 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2023-24 in various Assessment Districts Pursuant to the California Constitution and the City Charter, Appointing the Engineer of Record and Ordering Preparation of Engineer’s Reports       Packet Pg. 97 Resolution No. 2023-064 Resolution No. 2023-064 May 17, 2023 Page 1 of 5 RESOLUTION NO. 2023-064 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND 1024 FOR FISCAL YEAR 2023-24, APPROVING THE ENGINEER’S REPORT AND PROVIDING NOTICE OF THE TIME AND PLACE OF HEARING ON PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and WHEREAS, on April 19, 2023, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2023-24 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2023-24 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2023-24 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.       Packet Pg. 98 Resolution No. 2023-064 Resolution No. 2023-064 May 17, 2023 Page 2 of 5 2 6 2 0 SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2023-24, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 1017, 1019, 1020 and 1023 are: (a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. (ii) The improvements authorized for Assessment District No. 1024 are: (a) The installation or planting of landscaping and sewer lift stations and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. SECTION 4. Maintenance. (i) The maintenance to be performed for Assessment Districts Nos. 1017, 1019, 1020 and 1023 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.       Packet Pg. 99 Resolution No. 2023-064 Resolution No. 2023-064 May 17, 2023 Page 3 of 5 2 6 2 0 (ii) The maintenance to be performed for Assessment District No. 1024 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and sewer lift stations, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage and wastewater facilities. SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 1017 (Kendall and Pine Area) of the City of San Bernardino,” “Assessment District No. 1019 (Northpark and Mountain Area) of the City of San Bernardino,” “Assessment District No. 1020 (Mill Street and Dallas Avenue Area) of the City of San Bernardino,” “Assessment District No. 1023 (Elm Avenue and Coulston Street Area) of the City of San Bernardino” and “Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report. SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2023-24 fiscal year. SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 19, 2023 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2023-24. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section.       Packet Pg. 100 Resolution No. 2023-064 Resolution No. 2023-064 May 17, 2023 Page 4 of 5 2 6 2 0 SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2023-24. SECTION 11. CEQA. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 101 Resolution No. 2023-064 Resolution No. 2023-064 May 17, 2023 Page 5 of 5 2 6 2 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-064, adopted at a regular meeting held on the 17th day of May, 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 May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 102 Resolution No. 2023-065 Resolution No. 2023-065 May 17, 2023 Page 1 of 5 RESOLUTION NO. 2023-065 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR FISCAL YEAR 2023-24, APPROVING THE ENGINEER’S REPORT AND PROVIDING NOTICE OF THE TIME AND PLACE OF HEARING ON PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and WHEREAS, on April 19, 2023, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2023-24 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2023-24 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2023-24 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.       Packet Pg. 103 Resolution No. 2023-065 Resolution No. 2023-065 May 17, 2023 Page 2 of 5 SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2023-24, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. The improvements authorized for the Assessment Districts are: (a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. SECTION 5. Assessment Districts. The distinctive designation of the Assessment Districts are “Assessment District No. 1025 (Palm Avenue and Washington Avenue Area) of the City of San Bernardino” and “Assessment District No. 1027 (Waterman Avenue and Washington Street Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report. SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2023-24 fiscal year. SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 19, 2023 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines.       Packet Pg. 104 Resolution No. 2023-065 Resolution No. 2023-065 May 17, 2023 Page 3 of 5 SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2023-24. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2023-24. SECTION 11. CEQA. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 105 Resolution No. 2023-065 Resolution No. 2023-065 May 17, 2023 Page 4 of 5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 106 Resolution No. 2023-065 Resolution No. 2023-065 May 17, 2023 Page 5 of 5 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. 2023-065, adopted at a regular meeting held on the 17th day of May, 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 May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 107 Resolution No. 2023-066 Resolution No. 2023-066 May 17, 2023 Page 1 of 5 RESOLUTION NO. 2023-066 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL YEAR 2023-24, APPROVING THE ENGINEER’S REPORT AND PROVIDING NOTICE OF THE TIME AND PLACE OF HEARING ON PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1022 and Zones 1, 2 and 3 thereof of the City of San Bernardino (the “Assessment District”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and WHEREAS, on April 19, 2023, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2023-24 within the Assessment District and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment District for fiscal year 2023-24 to pay the costs of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law, and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment District for fiscal year 2023-24 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the       Packet Pg. 108 Resolution No. 2023-066 Resolution No. 2023-066 May 17, 2023 Page 2 of 5 payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities. SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment District for fiscal year 2023-24, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. The improvements authorized for the Assessment District are: (a) The installation or planting of landscaping and lighting and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and lighting, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. SECTION 5. Assessment District. The distinctive designation of the Assessment District is “Assessment District No. 1022 (Zone 1, Zone 2 and Zone 3) (San Bernardino International Airport/Alliance-California) of the City of San Bernardino.” The boundaries of the Assessment District are described and shown in the Report. SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment District, the zones therein, and the proposed assessments upon assessable lots and parcels of land therein for the 2023-24 fiscal year. SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 19, 2023 in the Bing Wong Auditorium of the Norman       Packet Pg. 109 Resolution No. 2023-066 Resolution No. 2023-066 May 17, 2023 Page 3 of 5 F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines . SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment District for fiscal year 2023-24. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment District owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2023-24. SECTION 11. CEQA. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 110 Resolution No. 2023-066 Resolution No. 2023-066 May 17, 2023 Page 4 of 5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 111 Resolution No. 2023-066 Resolution No. 2023-066 May 17, 2023 Page 5 of 5 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. 2023-066, adopted at a regular meeting held on the 17th day of May, 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 May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 112 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 1 of 6 RESOLUTION NO. 2023-067 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064, AND 1068 FOR FISCAL YEAR 2023-24, APPROVING THE ENGINEER’S REPORT AND PROVIDING NOTICE OF THE TIME AND PLACE OF HEARING ON PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and WHEREAS, on April 19, 2023, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2023-24 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2023-24 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and       Packet Pg. 113 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 2 of 6 2 6 2 3 (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2023-24 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2023-24, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. (i) The improvements authorized for the listed Assessment Districts (except Assessment Districts Nos. 1055 and 1068) are: (a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. (ii) The improvements authorized for the Assessment District No. 1055 are: (a) The installation or planting of landscaping and sewer lift stations and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. (iii) The improvements authorized for the Assessment District No. 1068 are: (a) The installation or planting of landscape, detention basin and storm drains and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and       Packet Pg. 114 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 3 of 6 2 6 2 3 (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1029 (California Street and 16th Street Area) of the City of San Bernardino,” “Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino,” “Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area) of the City of San Bernardino,” “Assessment District No. 1032 (Palm Avenue and Verdemont Drive) of the City of San Bernardino,” “Assessment District No. 1035 (Zone 1 and Zone 2) (Palm Avenue and Meyers Road) of the City of San Bernardino,” “Assessment District No. 1036 (Northpark Boulevard and Campus Parkway) of the City of San Bernardino,” “Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue) of the City of San Bernardino,” “Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue) of the City of San Bernardino,” “Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1040 (Acacia Avenue and Hill Drive Area) of the City of San Bernardino,” “Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino,” “Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive) of the City of San Bernardino,” “Assessment District No. 1043 (Zone 1 and Zone 2) (Palm Avenue and Irvington Avenue Area) of the City of San Bernardino,” “Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area) of the City of San Bernardino,” “Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area) of the City of San Bernardino,” “Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area) of the City of San Bernardino,” “Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area) of the City of San Bernardino,” “Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area) of the City of San Bernardino,” “Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1054 (Campus Parkway and Valles Drive Area) of the City of San Bernardino,” “Assessment District No. 1055 (Pine Avenue and Redwood Street Area) of the City of San Bernardino,” “Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area) of the City of San Bernardino,” “Assessment District No. 1057 (Cajon Boulevard and University Parkway Area) of the City of San Bernardino” “Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area) of the City of San Bernardino,” “Assessment District No. 1060       Packet Pg. 115 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 4 of 6 2 6 2 3 (Chiquita Lane and Date Street Area) of the City of San Bernardino,” “Assessment District No. 1063 (Central Avenue and Lena Road Area) of the City of San Bernardino,” “Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area) of the City of San Bernardino” and “Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report. SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2023-24 fiscal year. SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 19, 2023 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2023-24. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2023-24. SECTION 11. CEQA. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 116 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 5 of 6 2 6 2 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 117 Resolution No. 2023-067 Resolution No. 2023-067 May 17, 2023 Page 6 of 6 2 6 2 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. 2023-067 adopted at a regular meeting held on the 17th day of May, 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 May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 118 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 1 of 6 2 6 2 4 RESOLUTION NO. 2023-068 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2023-24, APPROVING THE ENGINEER’S REPORT AND PROVIDING NOTICE OF THE TIME AND PLACE OF HEARING ON PROPOSED ASSESSMENTS WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and WHEREAS, on April 19, 2023, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2023-24 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2023-24 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council;       Packet Pg. 119 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 2 of 6 2 6 2 4 (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2023-24 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts, and sewer lift stations and appurtenant facilities for those designated Assessment Districts; and (d) The amount of the assessment which is proposed to be assessed on each such parcel is not proposed to be increased over the amount of the assessment which was levied on the parcel for fiscal year 2022-23. SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2023-24, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 are: (a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. (ii) The improvements authorized for the Assessment Districts Nos. 962 and 963 are: (a) The installation or planting of sewer lift stations and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. SECTION 4. Maintenance. (i) For Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016, the maintenance to be performed consists       Packet Pg. 120 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 3 of 6 2 6 2 4 of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. (ii) For Assessment Districts Nos. 962 and 963 the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of sewer lift stations including: (a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities. (b) Repair and maintenance of incidental wastewater facilities. SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 951 (Zones 1 and 2) (Wagonwheel Road Area) of the City of San Bernardino,” “Assessment District No. 952 (Zones 1, 2, 2A) (State College Area) of the City of San Bernardino,” “Assessment District No. 952 (Zone 3) (State College Area) of the City of San Bernardino,” “Assessment District No. 953 (16th Street) of the City of San Bernardino,” “Assessment District No. 956 (Carnegie Drive Area) of the City of San Bernardino,” “Assessment District No. 959 (Zone 1) (Shandin Hills) of the City of San Bernardino,” “Assessment District No. 962 (Pine Avenue Area) of the City of San Bernardino,” “Assessment District No. 963 (Allen Street) of the City of San Bernardino,” “Assessment District No. 968 (Airport Drive) of the City of San Bernardino,” “Assessment District No. 974 (Rialto Avenue Between Eucalyptus and Pepper) of the City of San Bernardino,” “Assessment District No. 975 (Pepper and Mill Area) of the City of San Bernardino,” “Assessment District No. 976 (Pine and Belmont) of the City of San Bernardino,” “Assessment District No. 981 (Meridian and Randall Avenue) of the City of San Bernardino,” “Assessment District No. 982 (Piedmont Drive Area) of the City of San Bernardino,” “Assessment District No. 986 (Rialto and Macy Area) of the City of San Bernardino,” “Assessment District No. 989 (Mill and Macy Area) of the City of San Bernardino,” “Assessment District No. 991 (Verdemont and Olive Area) of the City of San Bernardino,” “Assessment District No. 993 (Cajon and June Area) of the City of San Bernardino,” “Assessment District No. 997 (Chestnut Area) of the City of San Bernardino,” “Assessment District No. 1001 (Pennsylvania and Birch Area) of the City of San Bernardino,” “Assessment District No. 1002 (North “H” Street Area) of the City of San Bernardino,” “Assessment District No. 1005 (Cajon and Pepper Linden Area) of the City of San Bernardino,” “Assessment District No. 1007 (Pepper and Randall Area) of the City of San Bernardino,” “Assessment District No. 1012 (Mill/Burney Area) of the City of San Bernardino” and “Assessment District No. 1016       Packet Pg. 121 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 4 of 6 2 6 2 4 (Coulston Area) of the City of San Bernardino.” The boundaries of each of the Assessment Districts are described and shown in the Report. SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment District, the zones therein, and the proposed assessments upon assessable lots and parcels of land therein for the 2023-24 fiscal year. SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 19, 2023 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2023-24. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2023-24. SECTION 11. CEQA. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 122 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 5 of 6 2 6 2 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 123 Resolution No. 2023-068 Resolution No. 2023-068 May 17, 2023 Page 6 of 6 2 6 2 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-068, adopted at a regular meeting held on the 17th day of May, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ CALVIN _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 124 1 3 4 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Department:City Manager's Office Subject:Approve the Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve a Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services; and 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Companies; and 3. Adopt Resolution No. 2023-069 authorizing the Agency Director of Administrative Services to amend the Adopted FY 2022/2023 General Fund Operating Budget in the amount of $75,000; and 4. Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $75,000 to Kosmont Companies. Background The City is considering various potential economic development initiatives as means to address infrastructure needs, housing production, and other community objectives and benefits. Staff is currently planning a workshop with the Mayor and City Council to discuss potential economic development opportunity areas, potential infrastructure improvements, and other projects of potential interest to the City. Kosmont Companies (“Kosmont“) is a financial advisory and economic development services firm that is scheduled to present during an in-person workshop regarding various economic development initiatives for the City of San Bernardino. Anticipated workshop topics include the development of tax increment financing (“TIF”)       Packet Pg. 125 1 3 4 6 districts, which are used to fund and finance public facilities and other improvements. TIF captures incremental growth in tax revenues (usually property tax, although other types of revenue can also be collected) above and beyond what taxing entities currently receive within a designated geographic area (ie: in a specific “District”). TIF works by freezing the property tax revenues in the District at the “base level” in the current year, and as property values increase, the additional tax revenue above the “base level” are diverted into a separate pool of money. This is then used to fund and finance public facilities and other improvements, which can include paying back the upfront costs of a project, or the debt service for bonds that were issued to fund the improvements. Some of the specific tools that utilize TIF are Enhanced Infrastructure Financing Districts (“EIFD”) and Climate Resilience Districts (“CRD”), which differ in their focus and financing powers. EIFDs can be used to purchase, construct, or improve any real property inside or outside the District. This includes infrastructure maintenance, housing development, economic development, and transportation infrastructure, among other uses. EIFDs do not increase property taxes and they are governed by a Public Financing Authority. CRDs are similar to EIFDs but are focused on raising and allocating funds for climate mitigation, adaptation, and resilience projects. Eligible projects include those that address sea level rise, extreme temperatures, drought, and wildfire risks. CRDs also have additional financing powers that cannot be pursued under the traditional EIFD structure such as benefit assessments, special taxes, property-related fees, and the potential to receive funding from public and private entities. Discussion The Professional Services Agreement (“Agreement”) will authorize Kosmont to perform a formal analysis that assess the feasibility of the various funding tools and mechanisms available to the City for the purposes of generating revenues. The revenues would be used to address the City’s infrastructure needs, housing production, climate resilience measures, and other priorities as established by the Mayor and City Council. Based on the analysis and established priorities, Kosmont will produce a roadmap that will serve as the basis for the City to formally implement the funding mechanisms. The Agreement has an estimated total cost of $75,000 and will produce the following deliverables: •Financing District Boundary. To develop a boundary for a financing district (such as TIF districts), Kosmont will evaluate property ownership, planned future developments, infrastructure needs, potential public and private sector partnerships, and census tract designations. •Preliminary funding and financing analysis, including a preliminary tax increment analysis. For the funding and financing analysis, Kosmont will analyze the potential value generation from future development in a TIF district, as well as the estimated funding and bonding capacity that can be supported from the revenues that are generated.       Packet Pg. 126 1 3 4 6 •Fiscal impact analysis for the potential formation of a tax increment financing district. Kosmont will evaluate both revenues and expenditures, as well as the resulting net fiscal impact to the City if a TIF district is implemented. •Feasible governance and implementation summary. Both EIFDs and CRDs require the establishment of a Public Financing Authority (“PFA”), which are public entities that are established to provide financing for public capital improvements. As a result, Kosmont will provide an evaluation for the composition of the PFA governing board, its policies and procedures, and a roadmap for its implementation. •Outreach materials to be presented to public and private stakeholders. These materials will be used to engage entities such as the County of San Bernardino, the County Fire Protection District, and property owners, in partnering with the City on implementing funding mechanisms such as TIF districts. •Presentation to the Mayor and City Council. The final deliverable outlined in the Agreement will result in Kosmont preparing and presenting an overview of their findings, as well as a potential roadmap for implementation, at a City Council meeting or workshop. The Agreement with Kosmont is being brought forward for the Mayor and City Council’s approval in accordance with Section 3.04.010 D.3. of the City’s Municipal Code (Attachment 2) and Section V (e) of the City’s Purchasing Policy (Attachment 3). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City’s Purchasing Policy. 2021-2025 Strategic Targets and Goals The Professional Services Agreement with Kosmont Companies relates to Key Target No 1b: Continue to seek opportunities to secure long-term revenue sources. Fiscal Impact This action will impact the General Fund by $75,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve a Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services; and 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Companies; and       Packet Pg. 127 1 3 4 6 3. Adopt Resolution No. 2023-069 authorizing the Agency Director of Administrative Services to amend the Adopted FY 2022/2023 General Fund Operating Budget in the amount of $75,000; and 4. Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $75,000 to Kosmont Companies Attachments Attachment 1 – Resolution No. 2023-069 Attachment 2 – Professional Services Agreement Attachment 3 – Municipal Code Chapter 3.04 Purchasing System Attachment 4 – Purchasing Policy Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Pg. 128 Resolution No. 2023-069 Resolution 2023-069 May 17, 2023 Page 1 of 3 2 6 7 1 RESOLUTION NO. 2023-069 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTARTIVE SERVICES TO AMEND THE ADOPTED FY 2022/2023 GENERAL FUND OPERATING BUDGET IN THE AMOUNT OF $75,000 FOR ECONOMIC DEVELOPMENT ADVISORY SERVICES WHEREAS, the City of San Bernardino is considering various potential economic development initiatives to address infrastructure needs, housing production, climate resilience, and other community objectives and benefits; and WHEREAS, the City requires assistance in assessing the feasibility of establishing a tax increment financing district such as an Enhanced Infrastructure Financing District or a Climate Resilience District; and WHEREAS, to meet the statutory requirements to form a tax increment financing district, the City will require assistance with the development of a complete parcel list and map preparation, implementation roadmap, and a governance structure for a public financing authority. 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 approve a Professional Services Agreement with Kosmont Companies for economic development advisory services. SECTION 3. The City Manager, or designee, is authorized to execute a Professional Services Agreement with Kosmont Companies for economic development advisory services. SECTION 4. The Agency Director of Administrative Services is authorized to amend the Adopted FY 2022/2023 budget by $75,000 and issue a purchase order to Kosmont Companies in an amount not to exceed $75,000. SECTION 5. The Agency Director of Administrative Services is authorized to issue a purchase order to Kosmont Companies in an amount not to exceed $75,000 for economic development advisory services. SECTION 6.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       Packet Pg. 129 Resolution No. 2023-069 Resolution 2023-069 May 17, 2023 Page 2 of 3 2 6 7 1 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 17th day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 130 Resolution No. 2023-069 Resolution 2023-069 May 17, 2023 Page 3 of 3 2 6 7 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-069, adopted at a regular meeting held on the 17th day of May 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 17th day of May 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 131 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOSMONT & ASSOCIATES, INC. D/B/A KOSMONT COMPANIES This Agreement is made and entered into as of May 17, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City” or the “Client”), and KOSMONT & ASSOCIATES, INC., a CALIFORNIA CORPORATION, DOING BUSINESS AS KOSMONT COMPANIES with its principal place of business at 2301 Rosecrans Avenue, Suite 4140, El Segundo, CA 90245 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Economic Development Advisory Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”       Packet Pg. 132 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $75,000. 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 thirty (30) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date and continue through May 17, 2024, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an       Packet Pg. 133 3 event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business       Packet Pg. 134 4 registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall       Packet Pg. 135 5 be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.       Packet Pg. 136 6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Reserved. h. Minimum Policy Limits Required       Packet Pg. 137 7 (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $500,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is       Packet Pg. 138 8 cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions       Packet Pg. 139 9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement for a period not to exceed four (4) years.       Packet Pg. 140 10 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of       Packet Pg. 141 11 the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Packet Pg. 142 12 27. Organization. Consultant shall assign Joseph Dieguez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Kosmont Companies 1601 N. Sepulveda Blvd., #382 Manhattan Beach, CA 90266 ATTN: Larry J. Kosmont, CRE, Chairman & CEO 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such       Packet Pg. 143 13 determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.       Packet Pg. 144 14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Disclaimer. Consultant's financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. City's reliance on Consultant's analysis must consider the foregoing. Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by City and affiliates, are deemed to be based on City's understanding and by execution of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that City may or may not undertake as related to the services provided including any verbal or written communications by and between the City and Consultant. City acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 145 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOSMONT & ASSOCIATES, INC. D/B/A KOSMONT COMPANIES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT KOSMONT & ASSOCIATES, INC. D/B/A KOSMONT COMPANIES APPROVED BY: Larry J. Kosmont, CRE Chairman & CEO ATTESTED BY: Kelly Aguilar Secretary       Packet Pg. 146 16 EXHIBIT A SCOPE OF SERVICES/SCHEDULE/COMPENSATION 1. SCOPE OF SERVICES Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position. Task 1: Evaluation of Financing District Boundary and Strategic Considerations Based on discussion with City staff regarding preferred financing mechanisms, Kosmont will analyze key strategic implementation considerations, including: a) Property ownership, including SLA-related properties (separate budget required based on properties included and expected activity level) b) Planned / proposed / potential future development (based on information to be provided by the City) c) Infrastructure needs and estimated costs (to be provided by the City) d) Potential public and private sector partners (e.g., City, County of San Bernardino, County Fire, other affected taxing entities, developers / property owners) e) Disadvantaged Community (DAC) Census Tract designation and/or other measures of priority for potential state and federal grant programs f) Overlap with former Redevelopment Agency Project Area boundaries and status of redevelopment dissolution. Task 2: Preliminary Funding and Financing Analysis Kosmont will prepare a preliminary funding and financing analysis, including preliminary tax increment analysis, as appropriate, reflecting potential future development and potential public and private sector partners. The analysis will identify: a) Potential assessed value generation from future development in the district b) Property tax increment funding capacity at select annual benchmarks and cumulatively over the estimated district lifetime(s) c) Initial estimates of potential bonding capacity (to be prepared by Kosmont Financial Services, registered Municipal Advisor)       Packet Pg. 147 17 d)Complementary economic development tools and funding resources, potentially including state and federal grants, leverage of SLA-related properties, community facilities district (CFD) financing, Development Opportunity Reserve (D.O.R.)® zoning incentives, and/or outstanding debt refinancing strategies e)Comparison of potential revenue generation to types and cost of infrastructure needed to serve potential development f)As related to potential overlap of proposed district boundaries with former redevelopment agency project areas, analysis of corresponding relevant outstanding enforceable obligations and implications on available revenues. Task 3: Fiscal and Economic Impact Analysis Kosmont will evaluate fiscal revenues (e.g., property tax, sales tax) and fiscal expenditures (e.g., police, fire, community service costs) and the resulting net fiscal impact to the City from district implementation over time. It should be noted that such fiscal impact analysis is required by EIFD and CRD legislation as part of district formation. Task 4: Governance and Implementation Roadmap Based on the preferred tool(s) identified by the City based on previous Task findings, Kosmont will evaluate and summarize feasible governance and implementation alternatives, including district governing board composition, voting / approval procedures, district formation milestones, debt issuance procedures, and estimated timing, in order to provide potential public and private sector stakeholders with an illustrative "roadmap" for implementation. Task 5: Taxing Entity Stakeholder Outreach for Potential Partnership Kosmont will assist the City with outreach to public and private sector entity stakeholders, potentially including, but not limited to: County Administrative Office / Auditor-Controller / Treasurer / Tax Collector / Property Tax Manager Economic Development / Public Works staff County Board of Supervisors County Fire Chief / Fire Marshal staff and leadership Major district area property owners, businesses, and/or registered voters Kosmont will accordingly assist with preparation and presentation of analysis materials as appropriate for such outreach. Based on stakeholder feedback, Kosmont will refine analysis and roadmap materials accordingly. The goals of this Task include direction/confirmation on which taxing entities would partner with the City on implementation of any preferred tools, and whether entities such as the County and County Fire would support the City in approaching the state legislature regarding new policy that would aid the City (and County) in its economic recovery and implementation of preferred tools. Task 6: City Meeting I Workshop Packet Pg. 148 18 Kosmont will coordinate a meeting with City staff, City Council, and/or other key community stakeholders, such as residents, property owners, and/or local developers. Kosmont will prepare and present an overview of analysis findings and the potential roadmap for implementation. Kosmont will make itself available for additional meetings on an hourly, time- and-materials basis. Potential Future Services  Preparation of Infrastructure Financing Plan ("IFP") or other required documentation based on preferred tool(s)  District formation hearings  SLA disposition proceedings  Outreach to state legislative representatives  Municipal Advisory activities for potential debt issuances to be provided by Kosmont Financial Services, registered Municipal Advisor 2. SCHEDULE AND REQUIRED DATA Consultant is prepared to commence work upon receipt of executed Agreement. A summary PowerPoint presentation characterizing findings from Tasks 1 through 4 is anticipated to be delivered within ten (10) to twelve (12) weeks from assignment authorization. Client will provide Consultant with existing project data, including relevant planning documentation (e.g., General Plan, specific plans, previous market studies), map(s) and/or listing of potential surplus properties, current project proposals and/or site plans, and information on potential infrastructure projects with estimated range of costs, as available. 3. COMPENSATION Compensation for Tasks 1 through 6 is estimated below for professional services (hourly) fees at Consultant's billing rates as shown on Attachment A. Tasks Estimated Budget 1) Evaluation of Boundary and Strategic Considerations $13,500 2) Preliminary Funding and Financing Analysis $17,500 3) Fiscal and Economic Impact Analysis $13,500 4) Governance and Implementation Roadmap $4,500 5) Taxing Entity Stakeholder Outreach for Potential Partnership $17,500 6) City Meeting / Workshop $4,500 Estimated Total Professional Services (Hourly) Fees $71,000 Budget may be re-allocated between Tasks as may be needed to provide adequate services to Client. Budget may be increased by Client at any time. Budget for future phases of work through potential district formation would require future authorization by the City, time and budget for which would be outlined for City consideration in advance.       Packet Pg. 149 19 Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis. Consultant's attendance or participation at any publicly noticed meeting other than the Task 6 Workshop, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 6 and will be billed at the professional services (hourly) fees as shown on Attachment A. Services will be invoiced monthly at Consultant's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out- of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out- of-area travel, if any, requires advance funding of flights and hotel accommodations. Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. For the convenience of Kosmont's clients, we offer a secure credit card payment service. The credit card payment link is: httos://kosmont.paidvet.com and there are two ways to make a secure credit card payment: 1. Fill in the "Make a Payment" form when you go to the link (httqs://kosmont.paidvet.com), or 2. Call Kosmont Companies' accounting desk (Ms. Reny Sultan; (424) 297-1072) to make a credit card payment DISCLOSURE: Compensation for possible future transaction-based services or brokerage services. The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client. When assignments involve real estate/property brokerage services, such transaction-based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty ("KR") is licensed by the State of California Department of Real Estate (License# 02058445). Compensation to KR is typically paid through commissions for property sale transactions, lease       Packet Pg. 150 20 transactions and success/broker fees. KR also provides Broker Opinions of Value ("BOV") services on a fixed fee basis. When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.       Packet Pg. 151 21       Packet Pg. 152       Packet Pg. 153       Packet Pg. 154       Packet Pg. 155       Packet Pg. 156       Packet Pg. 157       Packet Pg. 158       Packet Pg. 159 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 1 of 99 PURCHASING GUIDELINES AND PROCEDURES Purchasing Division Precious Carter: Purchasing Division Manager Contact: Carter_Pr@sbcity.org Effective Date: April 18, 2023       Packet Pg. 160 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 2 of 99 Table of Contents SECTION 1: OVERVIEW Introduction…………………………………………………………………………………………………………………3 Role of the Purchasing Department…………………………………………………………………………….3 Purchasing Values and Principles………………………………………………………………………………..4 Purpose of the Purchasing Manual……………………………………………………………………………..4 Goal………………………………………………………………………………………………………………………….4 -5 Why Policies and Procedures Matter.………………………………………………………………………….5 Code of Ethics………………………………………………………………………………………………………….6 -7 Conflict of Interest………………………………………………………………………………………………………7 Gratuities…………………………………………………………………………………………………………………….7 Definitions and Terms………………………………………………………………………………………….7 – 16 SECTION 2: POLICIES Policy Definition…………………………………………………………………………………………………………16 The Purpose of Policies………………………………………………………………………………………………16 What Makes a Good Policy………………………………………………………………………………………..16 Purchasing Policy………………………………………………………………………………………………..17 – 41 Purchasing Card Policy (P-Card)………………………………………………………………………….42 – 52 Travel Authority and Expense Reimbursement…………………………………………………..53 - 61 SECTION 3: PROCEDURES Procedure Definition………………………………………………………………………………………………….62 The Purpose of Procedures…………………………………………………………………………………………62 What Makes a Good Procedure………………………………………………………………………………….62 Exceptions to the Bidding Process……………………………………………………………………….62 - 63 The Purchasing Process………………………………………………………………………………………………64 Telephone Quotes…………………………………………………………………………………..………………….65 Example & Details of a simple quote………………………………………………………………………….66 Response Time from Purchasing Agents…………………………………………………………………….67 Purchasing Dept. Led Bids………………………………………………………………………………….68 - 74 Protest Form and Content…………………………………………………………………………………………..75 Vendor Setup Instructions…………………………………………………………………………………………..76 Purchase Orders (POs)………………………………………………………………………………………………..76 PO Change Order Process……………………………………………………………………………………………77 Furniture Order Process……………………………………………………………………………………………..78 Staples Office Supplies……………………………………………………………………………………………….78 Business Registration…………………………………..…………………………………………………………….78 City of San Bernardino Contract Processing Guidelines………………………………………79 – 87 Justification of Single/Sole Source Request…………………………………………………………88 - 89 City Clerk DocuSign Process…………………………..……………………………………………………….….90 How to Calculate Cost Avoidance/Cost Savings………………………………………………….91 – 92 Certificate of Insurance (COI)………………………………………………………………………………93 - 99       Packet Pg. 161 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 3 of 99 SECTION 1: OVERVIEW Introduction The Purchasing Division supports the City Manager, Mayor and City Council, City Departments and Agencies of the City of San Bernardino. The Purchasing Division provides quality goods and services in a timely manner and at the best value for the City. The Role of the Purchasing Division A Purchasing Division, also called a procurement division, supports operations by serving as the primary buyer of goods and services in a private sector company, government agency, educational institution, or any other type of organization. The Purchasing Division serves as a compliance division for the purchasing needs of the City. The Purchasing Division serves the needs of internal customers by procuring goods and services in a timely manner. The purchasing staff serves the organization’s financial wellness by seeking out and purchasing goods and services at the lowest price and best value. The Purchasing Division offers procurement services, administers contracts, ensures contract compliance, and manages vendor relationships. Purchasing involves the acquisition of equipment, furnishings, supplies, maintenance services, construction services and contractual services. Purchasing assists departments and/or leads with preparing bid specifications; initiation formal quotes, proposals, and bids, conducting public bid openings, evaluating bids, awarding, and administrating contracts until the final completion or termination of a contract. The values of the Purchasing Division include Customer Services, Partnership, Innovation, Ethical and Fair Conduct, Professional Values and Transparency. These values assist the Division in fulfilling departments’ obligations while upholding legal requirements and fiduciary responsibilities to the residents of the City of San Bernardino.       Packet Pg. 162 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 4 of 99 Purchasing Values and Principles • Transparency: Being Open and Honest • Accountability: taking responsibility of our work • Ethics: The rules, principles, and standards of deciding what is morally right or wrong when working. • Impartiality: Acting fairly and equitable in all our dealings These values and principles influence how suppliers, contractors and vendors interact with the City and they can affect the way in which the press, public, and other government partners view the City. The Purchasing Division acts as a neutral party in purchasing activities. The Purchasing Division doesn’t have an interest in who is awarded a bid. The City’s Purchasing Division presents the facts that are submitted within bid proposals. Purpose of the Purchasing Manual The purpose of the Purchasing Guideline and Procedure Manual is to streamline and detail all Purchasing procedures and guidelines. This Manual will assist all departments in following proper procurement procedures and how to have all proper approvals and signature authorities for procuring materials, services, and equipment. Goal All purchasing activities are to be conducted in an ethical manner. Department Directors, Division Managers, and all staff members must be aware of their ethical duty as servants of the public trust while spending public funds. The Purchasing Division will provide a purchasing process that implements and maintains the requirements of City Municipal Code 3.04.070. A. The Purchasing Division has established a program for all Departments to conduct competitive bidding in the open market that will obtain the greatest advantage for the City of San Bernardino. B. The Purchasing Division has established purchasing processes utilizing ethical standards. C. The bidding processes established by the Purchasing Division attempts to obtain high quality goods and services at reasonable costs. TRANSPARENCY ACCOUNTABILITY ETHICS IMPARTIALITY       Packet Pg. 163 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 5 of 99 D. In most instances purchases will be awarded to the lowest most responsible and responsive bidder based on the specifications of the sourcing effort. All services and materials that are released to the public for bidding purposes will adhere to the City of San Bernardino requirements. E. The established bidding/purchasing processes promote and maintain good relationships with vendors. All City of San Bernardino staff shall conduct themselves in a professional manner, while promoting equal opportunity, fairness and courtesy in vendor relations. Why Do Policies and Procedures Matter to the City? • Together, policies and procedures guide our city and reduce risk of liability. They promote consistency across the organization, both for employees and for customers. • Consistency builds a healthy reputation for our city over time, especially regarding employee touchpoints with customers. Another term for this is branding. Consistency builds and protects the City’s brand. Policies and procedures promote Consistency across our City, which builds and protects our city’s brand over time. • Policies can only positively impact our city if they’re followed. The responsibility is twofold: o Leadership must communicate policies effectively. o Employees must follow them.       Packet Pg. 164 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 6 of 99 Code of Ethics A. Avoid Unfair Practices: By granting all competitive suppliers’ equal consideration in so far as State, Federal and City regulations require. B. Conduct business in good faith: Demanding honesty and ethical practices from all participants in the purchasing process. C. Decline personal gifts or gratuities: from present or potential suppliers since this can influence or appear to influence procurement decisions. D. Avoid preferential treatment of certain vendors: Favoritism is the presence of bias or partiality for one vendor over another, or actions that may cause this perception. E. Promote positive supplier/contractor relationships: By providing vendors with courteous, fair, and equal treatment. F. Avoid controversy: make every reasonable effort to negotiate equitable and mutually agreeable settlements of controversies with supplier(s). G. Avoid conflicts of interest: avoid involvement in any transaction/activities that could be considered to be a conflict between personal interest and the interests of the City. H. Know and obey the letter and the spirit of the law: governing the purchasing function and remain alert to the legal ramifications of purchasing decisions. I. Enhance proficiency: by acquiring and maintaining current technical knowledge and pursuing related educational opportunities and professional growth. J. Do not engage in auctioning of bids or quotes: The disclosure of one vendor’s price to another to obtain a lower price is illegal. Prices and other information provided in the purchasing process must not be divulged until made public. K. Do not engage in back door buying or selling: Unofficial, irregular, devious buying or selling, usually resulting from undue efforts to induce preference for a particular vendor with the intent of limiting competition. Also, evasive actions taken by the seller to circumvent the Purchasing Division and/or City rules/regulations by trying to influence or sell directly to the City’s internal user/customer department. L. Avoid false information: Employees must take care to avoid providing inaccurate information to vendors during a solicitation process and must not conceal relationships with vendors or other inappropriate purchasing activity. M. Do not help a bidder with a proposal: Coaching or providing solutions to prepare or improve a proposal is unethical. N. Avoid leveling: A form of fraud in which a contract is promised to a specific vendor, even though a public solicitation is being pursued for the save of appearances by asking other vendors to submit a bid. This form of collusion is illegal and is a form of price fixing. Procurement professionals and other employees who use leveling will be subject to applicable disciplinary processes and any other investigation by law enforcement agencies. O. Proper award of contracts and/or purchase orders: Awards should be made to the vendor who receives the highest rating meeting the solicitation requirements (best value). Formal solicitations should state the criteria upon which the evaluation will be based. Criteria may include ability to meet the City’s needs, past performance, references, warranties, services costs, or other measurable specifications that will       Packet Pg. 165 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 7 of 99 eliminate the appearance of an arbitrary or capricious award. Evaluations must be conducted in accordance with criteria established in the solicitation document. Conflict of Interest No employee or officer shall purchase goods or services for the City if they have a financial interest in connection to the purchase. No officer or employee shall participate in procurement or make evaluations concerning the purchase of a good or service if they have a relationship or a financial interest concerning the individual or Business seeking a contract from the City. This action would violate Government Code 1090. Gratuities All staff and employees are prohibited from accepting gifts, money, kickbacks, rebated goods, or anything that may be construed as an unlawful consideration from individuals or businesses currently engaged in a contract or may be awarded a contract in the future. The offer of such gratuity will result in declaring the individual or business an irresponsible bidder and will prevent the individual or business from bidding. ***PLEASE NOTE*** It is important to keep in mind that, even when no unethical behavior is evident, the appearance of unethical behavior must be avoided. Such behavior erodes public trust and the reputation of the employees, their department, and the city. Definitions and Terms: Amendment: An agreed addition to, deletion from, correction, or modification of a document or contract Annual Purchase Order: • Annual purchase orders are used for repetitively purchasing from the same vendor for items that are under the $10,000 threshold. • If an item is purchased that is $10,001 and $40,000, the annual purchase order cannot be used. Three quotes must be obtained. • The proper procurement process must be followed while using an annual purchase order. Best and Final Offer (BFOA): This procedure is utilized during the evaluation process after the invitation to negotiate is released and negotiations and presentations have taken place. Vendors are asked to submit a best and final offer based off this negotiation. Best and final offers, as the name suggest, are a vendor’s final proposal submittal. Typically, best and final offers may include price adjustments, modification to a vendor’s proposed solution and contract terms that differ from standard City contractual language. “Best Value” Procurement Procedure: A procurement method that emphasizes value over price. 2. An assessment of the return that can be achieved over the useful life of the item, e.g., the best combination of quality, service, time, and price.       Packet Pg. 166 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 8 of 99 For specialized goods, nonprofessional services, and non-public improvement work, the Purchasing Division may approve the use of the “Best Value” method. The “Best Value” Method takes into consideration the lowest cost, qualified bidder with the quantity and scope needed. This method utilizes the request for proposal solicitation which includes specifications and evaluation criteria and allows the vendor to determine the way in which they will best meet the City’s needs. “Best Value” Procurement must be approved by the Purchasing Division prior to the solicitation of any proposals. Quality and performance considerations will also be given, as well as price of goods, services, or non-public project implementations. Criteria for “Best Value” Performance shall include but not be limited to the following: a. Ability, Capacity, and skill of the vendor to provide the required goods and services of the City within the time period required. b. Character, integrity, reputation, judgement, experience, and efficiency of the proposer. c. Quality of performance of work performed by the vendor from previous purchases. d. Ability of the proposer to provide future maintenance, repairs parts and services for the use of goods and services. e. Performance of the vendor under past contracts with the City. f. Possession of required licenses and insurance documents, and endorsements for the City as needed to supply goods and services. Bid: The response submitted by a bidder to an invitation for Bids (IFB). Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid. • Please Note: The purchasing agent may require a bid bond to accompany a bid. A bid bond should be no more than 10% of the total bid. The City Manager shall establish standards for determining under what circumstances a bid bond is required. City Council and the City Manager have the authority to require a performance bond if they find it necessary in order to protect the City and its interest. Certificate of Insurance (COI): is a document from an insurer to show you have business insurance. This is also called a certificate of liability insurance or proof of insurance. With a COI, your clients can make sure you have the right insurance before they start working with you. • Please Note: Sample COI located at the end of Purchasing Guidelines and Procedures. Change Order: A written modification or amendment to a contract. You can also look at phrases such as: Amendment, Modification, Authorized Deviation, Change Order Authority, Contract Modification. Change Order Authority: The power of right of a public entity to unilaterally modify a contract without the express consent of the contractor.       Packet Pg. 167 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 9 of 99 Commodity: Something useful that can be turned into a commercial advantage; anything that can be purchased, processed, or resold. Examples – paper, furniture, fasteners. Completion or Performance Bond: An instrument executed, subsequent to award, by successful bidder that protects that public entity from loss due to the bidder’s inability to complete the contract as agreed. A risk mechanism that secures the fulfillment of all contract requirements. May be referred to as a completion bond. Consultant: A person or company that possesses unique qualifications that allow them to perform specialized advisory services usually for a fee. Consultant Services Agreement (CSA) or Vendor Service Agreement (VSA): A written contract between the City and a vendor, stating all terms and conditions of a proposed transaction or service. Contract: 1. An obligation, such as an accepted offer, between competent parties upon a legal consideration, to do or abstain from doing some act. The essential elements of a contract are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a mutual identity of consent; legality of purpose; and definiteness. 2. A legally binding promise, enforceable by law. 3. An agreement between parties with binding legal and moral force, usually exchanging goods or services for money or other considerations. Cost Avoidance: Action that avoids incurring costs in the future, also known as “soft savings” and, therefore, not reflected in financial statements. Cost Savings: A realized and measurable reduction in material, resource, or labor expense(s) associated with the production and delivery of an item or service. Primarily associated in the manufacturing of an item; interchangeably used to indicate a lower price paid by the buyer form what was previously paid. Cooperative Procurement (Purchasing): 1. The action taken when two or more entities combine their requirements to obtain the advantages of volume purchases, including administrative savings and other benefits. 2. A variety of arrangements, whereby two or more public procurement entities purchase from the same supplier or multiple suppliers using a single Invitation for Bids (IFB) or Request for Proposals (RFP). Cooperative procurement efforts may result in contracts that other entities may “piggyback.” Department of Industrial Relations (DIR): A department of the State of California, which is a regulatory agency for various functions, including enforceability of SB854, which now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations and pay and annual fee. Beginning effective September 1, 2021, the City of San Bernardino will accept public works bids from only those contractors and subcontractors who have complied with this requirement. Please refer to the DIR website:       Packet Pg. 168 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 10 of 99 https://www.dir.ca.gov/Public-Works/Contractor-Registration.html Disadvantage Business Enterprise (DBE): For profit small business concerns where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. Usually is certified as a DBE entity in the United States by the government of the State in which it is located. 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 made as the result of an unexpected and urgent request in which health and safety, or the conservation of public resources is at risk. Usually, formal competitive bidding procedures are waived, modified, or simplified. The City’s Municipal Code allows for Emergency Purchases under §3.04.070. Encumbrance: The appropriation of funds to purchase an item or service. To encumber funds means to set aside or commit funds for specified future expenditure. “Environmentally Preferable” (Per Calrecycle): the Procurement of goods and services that have a reduced impact on human health and the environment compared to competing products serving the same purpose. It is an essential part of the search for high quality products and services at competitive prices. Formal Bid: A bid that must be submitted in a sealed format and in conformance with a prescribed format to be opened in public at a specified date and time. • This type of format is generally used in the Public Sector for Public Works bid projects, usually called a Request for Bid (RFB) 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. Informal Bid/Proposal: A competitive bid, price quotation, or proposal for supplies or services that is conveyed by a letter, fax, e-mail, or other manner that does not require a formal sealed bid or proposal, public opening, or other formalities. Generally relegated to requirements that may be considered low value or fall under a stipulated price/cost threshold.       Packet Pg. 169 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 11 of 99 • Please Note: For the City, most bids conducted in this manner would be considered “Formal” as long as the actual proposal(s) are not viewed until the bid deadline date and time. Key Performance Indicators (KPIs): Refer to a set of quantifiable measurements used to gauge a company’s overall long-term performance. KPIs specifically help determine a company’s strategic, financial, and operational achievements, especially compared to those of other businesses within the same sector. Local Vendor: According to the City’s Municipal Code §3.04.100 Local Bidders, “local” is defined as having “(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.” Lowest Responsive and Responsible Bidder: The Bidder who fully complied with all of the bid requirements and whose past performance, reputation, and financial capability is deemed acceptable, and who has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents. Local Vendor Preference: Any formal or informal bid submitted by a local bidder for goods or materials, shall receive a five percent (5%) credit for comparison purposes with other bidders. A five percent (5%) credit for comparison purposes shall be used for bidders of services. Municipal Code §3.04.100 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. Penalty Charge: A clause in a contract specifying the sum of money to be paid if the contractor defaults on the terms of the contract, particularly with respect to time. Penalty Clause: Punitive language inserted in a competitive solicitation that details what action will be taken if the contractor does not perform in a satisfactory manner. (ISM, 2000)       Packet Pg. 170 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 12 of 99 Pre-Bid/Pre-Proposal Conference (Meeting): A meeting held by the buyer with potential bidders/proposers prior to the opening of the solicitation for the purpose of answering questions, clarifying any ambiguities, and responding to general issues to establish a common basis for understanding all of the requirements of the solicitation. May result in the issuance of an addendum to all potential providers. In certain situations, a mandatory conference may be advisable. Pre-Solicitation Conference (Bidders or Suppliers Conference): An informal, typically non- mandatory, meeting inviting comments and suggestions from a representative group of suppliers on the draft of a proposed solicitation; this conference provides useful market analysis information to the buyer; usually used for solicitation involving high technology or complex services. Prevailing Wage: the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. o Per www.dir.ca.gov. When the Director of the California Department of Industrial Relations determines that the general prevailing rate of per diem wages for a particular craft, classification, or type of work is uniform throughout an area, the director issues a determination enumerated county by county, but covering the entire area. General determinations are issued twice a year, February 22 and August 22nd. Price: 1. A value placed on an object or service provided by a seller to a buyer. 2. The money value of a unit of a good, service, or resource. 3. The total amount, in money or other consideration, to be paid or charged for a commodity normally includes all costs (direct labor, overhead, materials) a profit or fee. Piggy-back (Piggyback Cooperatives Contracts or Government Contracts): A form of intergovernmental cooperative purchasing in which an entity will be extended the pricing and terms of a contract entered into by a larger entity. Generally, a larger entity will competitively award a contract that will include language allowing for other entities to utilize the contract which may be to their advantage in terms of pricing, thereby gaining economies of scale that they normally would not receive if they competed on their own. Professional Service: A service rendered by member(s) of a recognized profession or possessing a special skill. Such a service is generally acquired to obtain information, advice, training, or direct assistance. See also: Nonprofessional Service. Public Works (PW): According to Labor Code 1720, construction, alteration, demolition, installation, or repair work done under contract and paid for the whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, “construction”       Packet Pg. 171 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 13 of 99 includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work performed during the post construction phases of construction, including, but not limited to, all cleanup work at the jobsite. “Installation” includes, but is not limited to, the assembly and disassembly of modular and/or affixed modular office systems. Protest: A written objection by an interested party to a solicitation or award of a contract with the intention of receiving a remedial result. Purchasing Agent: Individual who acts on behalf of any entity, such as a corporation, partnership, or any level of government as that entity conducts business. See also: Law of Agency, Principal, Buyer, General Agent, Special Agent. Purchase Order: A purchaser’s written document to a supplier formalizing all terms and conditions of a proposed transaction (e.g., description of the requested items, cost of items being purchased, delivery schedule, terms of payment, transportation). A purchaser’s written document to a supplier formalizing all the terms and conditions of a proposed “single” transaction, such as a description of the requested items, cost of items being purchased, delivery, schedule, terms of payment, and transportation. Purchase orders are only to be made by the Purchasing Division, except in the case of small purchases or in the case of an emergency. No employee is to request the delivery of goods or services without the issuance of a purchase order. o Please note that a small purchase is a purchase that is less than or equal to $10,000. Purchase Order (Stand Alone): This type of transaction is not connected to a contract in any way. Stand Alone POs are created for one-time purchases, usually for equipment and materials. Stand Alone POs have their own terms and conditions. Once signed by the recipient it is a legally binding contract. Purchase Order (Assigned to a Contract): This type of transaction is connected to a contract. The terms and conditions along with the expiration date of the contract extend to the Purchase Order. Purchase Orders that are contract specific/related should not be drafted beyond the expiration date of the contract that it is attached to. If the contract is extended, then the PO can be extended. If the contract expires, the PO cannot be extended beyond the expiration date of the contract. Purchase Requisition (PR): A document created by a requestor authorizing the commencement of purchasing transaction. This typically will include a description of the need and other information that is relative to the transaction. A requisition may be submitted in hard copy or via eProcurement software.       Packet Pg. 172 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 14 of 99 Quote: An informal purchasing process which solicits pricing information from several sources. A price quote in general delivers a fixed price for a product or service. It is given to a customer by a supplier and can be either written or verbal. The quoted price is only valid for a certain period of time and can’t be changed once the client accepts it. • What isn’t a price quote: • A screen print from a vendor’s website. • A price taken from a newspaper or magazine advertisement. • A price paid from a previous product. Pricing changes over time. It mustn’t be assumed that the price of the product is the same as previously quoted. • A verbal price given without written confirmation and/or follow-up. Requisition: An internal document by which a using agency sends details of supplies, services, or materials required to the Purchasing Division. Request for Comments (RFC): A document generated prior to an authorized procurement in order to request feedback from the contracting community or potential Proposers/Bidders, to seek information about a product or service in order to assist in the finalization of technical specifications, design specifications, or a statement of work. Request for Information (RFI): A non-binding method whereby a jurisdiction publishes via newspaper, internet, or direct mail its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain comments, feedback, or reactions from potential responders (suppliers, contracts) prior to the issuing of a solicitation. Generally, price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. Request for Proposal (RFP): The document used to solicit proposals from potential providers (Proposers) for goods and services. Price is usually not a primary evaluation factor. Provides for the negotiation of all terms, including price, prior to contract award. May include a provision for the negotiation of best of final offers. May be a single or multi-step process. This format of bidding was introduced in the Armed Services Procurement Act of 1962 as wells as by the Competition in Contracting Act of 1984. Request for Qualification (RFQual): A document that is issued by a procurement entity to obtain statements of the qualifications of potential responders (development teams or consultants) to gauge potential competition in the marketplace, prior to issuing the solicitation. Request for Quotation (RFQ): Purchasing method generally used for small orders under a certain dollar threshold. A request is sent to suppliers along with a description of the commodity or services needed and the supplier is asked to respond with price and other       Packet Pg. 173 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 15 of 99 information by predetermined date. Evaluation and recommendation for award should be based on the quotation that best meets price, quality, delivery, service, past performance, and reliability. Single Source: A Single Source is a procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. A department must demonstrate in writing, to the Purchasing Agent that the purchase can only be obtained from a single source. The Purchasing Agent is satisfied with the price and the terms and conditions negotiated, for single source goods and services greater than $10,000 and less than or equal to $100,000; this will require approval by the Purchasing Agent. Approval for a single source procurement in excess of $100,000 requires approval by the City Council. Sole Source: Sole Source is used only when there is only one qualified company that has developed a patented or copyright product or service; when the product or service is required immediately due to a pressing emergency; or it is not in the public’s interest to hold a competition. Examples would be (rights to data, copyrights, or patents, proprietary interest, or secret processes) to the manufacturing of the good or service. The word “sole” means only one. A sole source must meet certain requirements: a) Is the commodity or good or service the only of its kind? b) The commodity is available from one, and only one source. Specifications: A precise description of the physical characteristics, quality, or desired outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to be considered for award of a contract. Splitting Purchases: To divide a purchase into two or more parts in order to avoid the requirements of the Purchasing Policy in Municipal Code 3.04. This action is strictly prohibited by the Code. Municipal Code § 3.04.090: 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. For example, procurement cards may be used to make single purchases without quotes for up to $10,000. An employee makes three purchases of $9,000 on their p-card for materials for an event, rather than getting bids. Their total spend is $27,000. When the Finance Department later audits p-card charges, they identify these charges as a split purchase that not only violated City Policy and Municipal Code but is illegal. Surplus: 1. An overstock situation that occurs when the quantity of goods on hand exceeds the quantity of goods needed. The overstocked goods may be returned to the supplier, sold at       Packet Pg. 174 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 16 of 99 auction, or disposed of in a method acceptable to the entity. 2. The goods or materials that are obsolete or no longer needed by the agency and are designated for disposal. Surplus becomes available for disposal outside of the entity due to an unforeseen situation that affects the use of the item (for example, chairs or desks that have been replaced with new items). Disposal of surplus is governed by Municipal Code § 3.04.080. SECTION 2: POLICIES Policy A set of general guidelines that are outlined by the City for talking about certain situations/issues. The Purpose of Policies To communicate city values, philosophy, and culture. Effective policies also lay the foundation for a healthy work culture. Maybe you’ve seen firsthand how policies influence culture, communicate expectations to employees, and guide day-to-day operations. Also, maybe you’ve seen the adverse effect of neglected policies. What makes a good policy? • Clear, concise, and simple language • Policy explains the rule, not how to implement the rule (That is what Procedures are for and that is what the purchasing manual does.) • Policies easily accessible by staff at all times. • Represents a consistent, logical framework.       Packet Pg. 175 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 17 of 99 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. 176 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 18 of 99 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. 177 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 19 of 99 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 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.       Packet Pg. 178 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 20 of 99 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 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. Services - either general services, maintenance services, or professional services.       Packet Pg. 179 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 21 of 99 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 iii. Reviewing the DBE and SBE program including verifying affirmative steps and auditing results iv. Reviewing contracts before they are submitted for final signatures       Packet Pg. 180 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 22 of 99 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 absence. (iii) Purchases over $100,000: 1. Purchases in this category may only be authorized by the Mayor and       Packet Pg. 181 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 23 of 99 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 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       Packet Pg. 182 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 24 of 99 (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). (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.       Packet Pg. 183 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 25 of 99 (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. VI. PROTEST PROCEDURES (a) Right to Protest. Prior to making the award, any responsible bidder in connection with       Packet Pg. 184 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 26 of 99 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 (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,       Packet Pg. 185 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 27 of 99 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 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       Packet Pg. 186 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 28 of 99 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. (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.       Packet Pg. 187 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 29 of 99 (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 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:       Packet Pg. 188 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 30 of 99 (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. (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.       Packet Pg. 189 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 31 of 99 (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. 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.       Packet Pg. 190 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 32 of 99 (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. (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),       Packet Pg. 191 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 33 of 99 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, 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).       Packet Pg. 192 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 34 of 99 (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 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       Packet Pg. 193 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 35 of 99 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. 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.       Packet Pg. 194 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 36 of 99 (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 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       Packet Pg. 195 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 37 of 99 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. (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       Packet Pg. 196 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 38 of 99 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. (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. 197 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 39 of 99 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 (Small 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. 198 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 40 of 99 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       Packet Pg. 199 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 41 of 99 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. 200 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 42 of 99 City of San Bernardino Procurement Card (P-Card) Policy (Approved Resolution 2021-213) Purpose: To establish a methodology for and to define the appropriate use of the City of San Bernardino’s Procurement Cards provided to authorized personnel to purchase non-restricted goods and/or services for official use by the City of San Bernardino Scope: This Policy is applicable to all employees and elected officials who are issued a Procurement Card. Exemption from Scope This policy shall not apply to employees or elected officials to whom P-Cards are not issued and does not apply to the use of an employee or elected official’s personal credit card(s). The use of personal funds to make purchases on behalf of the City is covered under the City of San Bernardino Expense Reimbursement Policy. Policy: 3.1 Abbreviations 3.1.1 P-Card: A Procurement Card. 3.1.2 City: City of San Bernardino. 3.1.3 Bank: Financial Institution that manages the City’s P-Card Program. 3.1.4 GL: General Ledger, the official record of all financial transactions made by and on behalf of the City. 3.1.5 MCC: Merchant Category Code 3.2 Definitions 3.2.1 P-Card: A credit card to be utilized in the procurement of authorized non- restricted goods and/or services for official use by the City. 3.2.2 Vendor: A Company from which the City is purchasing goods and/or services under the provision of this policy. 3.2.3 Merchant Category Code (MCC): Codes by which individual P-Cards can be restricted in their purchasing authority to merchants (vendors) in specific categories. 3.2.4 Cardholder: City personnel who has been issued a P-Card and who is authorized to make purchases in accordance with this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy. 3.2.5 Reconciler: Departmental Coordinator who collects receipts for P-Card purchases from the Cardholder, codes transactions to the appropriate GL account(s), and releases transactions for approval.       Packet Pg. 201 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 43 of 99 3.2.6 Approver: Cardholder’s manager or designee who reviews and approves Cardholder’s transactions. 3.2.7 Transaction: A single purchase made with a P-Card 3.2.8 Purchase Limits: Dollar limits assigned to each P-Card consisting of a Single Transaction Limit, a Daily Purchase Limit, and a Monthly Credit Limit. 3.2.9 P-Card Administrator: An individual authorized by the City to manage the P-Card program to include communicating with the Bank, adding and deleting P-Cards, and changing permanent and temporary purchase limits. 4.0 Responsibilities 4.1 The Finance Department, under the direction of the Finance Director, shall be responsible for the implementation and enforcement of this policy. 4.2 All City personnel and elected officials issued a P-Card shall be responsible for the card and its use in accordance with this policy. 1.0 Overview of P-Card Program 1.1 The goal if this program is to provide a more rapid turnaround of requisitions for low dollar goods (less than $5,000) with no credit card fees and to reduce paperwork and handling costs while maintaining good internal control of the disbursement of City funds. 1.2 City personnel and elected officials who have been issued P-Cards may initiate transactions in-person, by telephone, or over the internet within the limits of this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy. 1.3 The Finance Department with make settlements for P-Card purchases with the Bank. 1.4 Department Directors may request that City personnel be issued a P-Card if it is deemed necessary for their role. The request should recommend purchase limits as well as the default GL account code to which transactions will be charged. Requests should be forwarded to the P-Card Administrator for Finance Department approval. 1.5 Depending on the employee or official receiving the P-Card, the P-Card may be restricted to specific Merchant Category Codes. 1.6 Non-City personnel, temporary/seasonal employees, and interns are not eligible for a P-Card. 1.7 Upon review and approval by the Finance Department, the P-Card Administrator will notify the Bank to issue the P-Card. 1.8 All approved Cardholders must attend a training class on Policy and proper use of the P-Card prior to receiving their card. 1.8.1 The approved Cardholder will be issued a copy of this P-Card Program Policy and the P-Card Procedures Manual and be required to sign an agreement to indicate that the Cardholder understands these policies and procedures. 1.8.2 The Finance Department shall maintain records of all Procurement Card Request Forms. 1.9 Changes to P-Card Information       Packet Pg. 202 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 44 of 99 1.9.1 Once a P-Card is issued, it is the Cardholder’s responsibility to notify the P- Card Administrator of any change in the Cardholder’s information. 1.9.2 It is the department’s responsibility to notify the P-Card Administrator of any changes to a Cardholder’s assigned Reconciler or Approver. 1.9.3 Purchase Limits may be temporarily changed for a limited amount and duration with the approval of the Department Director and Finance Director or their designee. Permanent changes may only be approved after review by the Finance Director. 1.10 Cardholder Termination/Transfer 1.10.1 If a Cardholder is no longer employed by the City or if a Department Director decides a Cardholder no longer needs a P-Card, it is the department’s responsibility to collect the Cardholder’s P-Card and complete the appropriate documentation. The P-Card will be immediately cut in half, and both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card. 1.10.2 Prior to transferring to another department of the City, the Cardholder is to return their P-Card to the issuing department. The P-Card will be cut in half and the appropriate documentation completed by the department. Both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card. The Cardholder’s new department may request a new P-Card be issued if necessary for the employee’s role. 1.11 Authorized P-Card Use 1.11.1 Each P-Card issued will be embossed with the Cardholder’s name and should ONLY be used by the Cardholder. NO OTHER PERSON IS AUTHORIZED to use the card. The Cardholder may make transactions on behalf of others in their department/division. However, the Cardholder is responsible for ALL purchases charged to their card. 1.11.2 The total value of a transaction will not exceed a Cardholder’s single purchase limit. Payment for a purchase SHALL NOT be split into multiple transaction to stay within the single purchase limit. Limits may be permanently or temporarily changed with proper approval. (See 5.9.3) 1.11.3 The Cardholder must obtain ITEMIZED vendor receipts, documentation of telephone orders, and/or copies of mail orders. 1.12 Prohibited P-Card Use 1.12.1 The P-Card MAY NOT BE USED for the following: a. Personal purchases or for personal identification. b. A single purchase that exceeds the Cardholder’s single purchase limit. c. Automotive Fuel unless authorized (see the City’s Travel Policy). d. Meals with limited exceptions (See Section 7.0) e. Gift Cards. f. Cash Advances. g. Any City Fines or Fees. h. Alcoholic Beverages.       Packet Pg. 203 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 45 of 99 i. Flowers, unless authorized by the City Manager and Finance Director. Catering, unless the food is being dropped off for an approved City event. j. Payments under a City contract; these payments must be made through the regular Accounts Payable process, or the contract and Purchase Order will not be properly charged. 1.12.2 Accidental Use of P-Card. Any cardholder who accidentally charges a personal item to a City P-Card instead of their personal credit card must immediately notify their supervisor and the P-Card administrator. They must submit the receipt and repayment to the City via the Purchasing Division within ten (10) business days. A second accidental charge will result in a review by the Department Director and the Finance Director. Following review, the Finance Director may take action up to and including suspension or revocation of the Cardholder’s City P-Card privileges. 1.12.3 Unauthorized Purchases and Careless Use. Cardholders who make unauthorized purchases or carelessly use their P-Card will be liable to the City for the total dollar amount of such purchases. Misuse of a City P-Card will result in the Cardholder’s City P-Card privileges being revoked and may be subject to disciplinary action up to and including dismissal. 1.12.4 Intentional Misuse. The intentional use of a City P-Card to acquire or purchase goods and/or services for other than official use of the City is fraudulent. An employee guilty of fraudulent use of a City P-Card may be dismissed and may be subject to legal action. 1.13 Card Security 1.13.1 It is the Cardholder’s responsibility to safeguard their P-Card to the same degree that the Cardholder safeguards their personal credit information. 1.13.2 The Cardholder must not allow anyone to use their card. A violation of this trust will result in the Cardholder’s P-Card privileges being revoked as well as potential disciplinary action. 1.14 Lost or Stolen Cards and Fraud 1.14.1 Cardholders MUST immediately report a lost or stolen P-Card directly to the Bank and the P-Card Administrator. The Bank will inactivate the existing card and issue a new card that will be mailed to the P-Card Administrator. 1.14.2 If the original card is later found or recovered by the Cardholder after being reported lost or stolen, the card will be cut in half and given to the P-Card Administrator. 1.14.3 If a cardholder suspects fraud and has not already been contacted by the bank via telephone or email, the cardholder and/or reconciler MUST immediately contact the bank by calling the 1-800 number on the back of the cardholder’s card to report the suspected fraud. The cardholder and/or reconciler must then inform the P-Card Administrator of the fraud and what actions were executed by the bank to safeguard the card.       Packet Pg. 204 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 46 of 99 1.15 Recordkeeping/Reconciliation 1.15.1 Itemized Receipts. It is the Cardholder’s responsibility to obtain an ITEMIZED receipt whenever a P-Card purchase is made – either in-person by telephone, or over the internet and check the receipt for accuracy. A summary receipt is not acceptable. 1.15.2 Sales Tax. If sales tax has not been charged on taxable tangible goods, the Cardholder should notify the Finance Department and make a note on the receipt so that the Finance Department can pay the appropriate tax. 1.15.3 Providing Receipts to Reconciler. If a Reconciler is used to reconcile a Cardholder’s transaction, the Cardholder will provide receipts for transactions to the Reconciler on a timely on-going basis, not to exceed five (5) business days after the charge is made, or after the Cardholder returns from travel on City Business in order to give the Reconciler time to reconcile receipts and meet required deadlines. 1.15.4 No Itemized Receipt. If the Cardholder does not have an ITEMIZED receipt for a transaction, he/she will provide a memo stating that they were unable to obtain or that they lost the original itemized receipt. The memo shall include details of the transaction including the vendor’s name, date of purchase, description of the item(s) purchased, and the purpose of the purchase. The Cardholder must also include the reason for the missing receipt. The Cardholder must obtain the Department Director’s signature on the memo and submit the signed memo in lieu of the actual receipt to their reconciler or attach to the transaction in the financial system. Also, the words “No Itemized Receipt” need to be a part of the transaction’s charge description. 1.15.5 Missing Receipt. If a Cardholder does not provide an itemized receipt OR a missing receipt memo for a transaction, the Cardholder may be financially responsible for the purchase amount of the transaction. 1.15.6 General Ledger Import and Reconciliation. P-Card transaction will be imported into the GL each month. It is the Cardholder and/or Reconciler’s responsibility to review these transactions on a timely basis, code the purchase to the appropriate GL account, make any necessary adjustment, and scan and attach the supporting receipts and documentation into the banking system for backup. The transaction will then be released for approval. If no adjustment is made, the entire transaction will be charged to be default GL code established upon issue of the card (see Section 5.4). All transactions must be reviewed, reconciled and released for approval within the first five (5) calendar days of the month (see Section 5.16.3). 1.15.7 Approval. Once a monthly statement has been released for approval by the Cardholder or Reconciler, it will be approved by the Approver. By approving the statement, the Approver is attesting to the appropriate purchase of the goods and/or services for official use by the City. If the transaction is not in compliance with the P-Card Policy, the matter will be brought to the       Packet Pg. 205 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 47 of 99 attention of the P-Card administrator, the Department Director, and the Finance Director to be resolved in a manner consistent with this Policy. 1.15.8 Returns. If a Cardholder returns an item, it is their responsibility to ensure that a credit is issued back to their P-Card. If a Reconciler reconciles the Cardholder’s transaction, the Reconciler should be made aware of the credit and follow up if the credit is not received. 1.15.9 Unauthorized Charges. If a Cardholder does not recognize a transaction, they must first contact the vendor to find out what was purchased and attempt to resolve the charge with the vendor before disputing it with the bank. If the transaction needs to be disputed after contacting the vendor, it is the Cardholder’s and/or Reconciler’s responsibility to complete appropriate documentation and submit to the P-Card Administrator. It is also the Cardholder’s and/or Reconciler’s responsibility to track the progress of the dispute until it is resolved. The P-Card Administrator will keep the Cardholder or Reconciler, if applicable, informed of any information received from the bank regarding the dispute. 5.16 Deadlines 5.16.1 P-Card transactions will post to the Bank 1-3 business days following the transaction. 5.16.2 It is the Cardholder and/or Reconciler’s responsibility to review and reconcile the P-Card transaction on a timely on-going basis. 5.16.3 Receipts should be reconciled no less frequently than every two weeks. Finance staff will send reminder emails to Cardholders and Reconcilers with outstanding transactions. 5.16.4 Monthly Statements are to be reviewed, reconciled, and released for approval within the first five (5) calendar days of the following month. 5.16.5 Once released, P-Card transaction must be approved by the Approver within the first seven (7) calendar days of the Cardholder review. 5.16.6 All P-Card transactions for the previous month must be approved and posted by Finance before the 15th of the following month. 6.0 Compliance 6.1 Finance staff will conduct audits of P-Card transactions both randomly and selectively to ensure purchases are made in accordance with the Policy. 6.2 Failure to comply with this Policy may result in the Cardholder’s P-Card privileges being revoked and/or disciplinary action up to and including dismissal. 7.0 Meal Exceptions 7.1 Business Purpose Meals. Business purpose meals are meals purchased by a City employee or elected official for official city business. 7.1.1 Documentation. Documentation is required for a business purpose meal: a. An ITEMIZED receipt. b. A description of the business purpose of the meal. The description should be thorough enough to pass audit scrutiny. For example: “Development       Packet Pg. 206 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 48 of 99 meeting to discuss vacant properties” is acceptable. “Business Meeting,” “Development Meeting,” or other descriptions that do not provide the actual purpose of the meeting are not acceptable. c. A list of all attendees of the meeting, first and last name. The list should either be written on the receipt (legibly) or attached. 7.2 Meals with Traveling. Meals while traveling on City business are paid based on per- diem rates as indicated in the City’s Travel Policy. Meals while traveling charged to a P- Card in excess of the per diem amount must be reimbursed to the City within ten (10) business days of the completed reconciliation. 7.3 Tipping. Tips added to meals on a P-Card should not be more than 20% Any amount more than 20% must be reimbursed to the City by the Cardholder within ten (10) business days of the charge posting to the City’s financial system. 7.4 Prohibited Meals. 7.4.1 Meals for Personal Consumption. It is expressly prohibited for employees or elected officials to purchase any meal: breakfast, lunch, dinner, or any other food for personal consumption on their City P-Card unless they are traveling overnight on City Business. The IRS deems meals that are paid for by an employer while not “traveling away from home” to taxable wages. IRS Publication 5137 (Rev. 2-2020) 8.0 Exceptions These general policies are not expected to address every issue, exception, or contingency that may arise in the use of the City P-Card. Accordingly, the basic standard that should always prevail in dealing with exceptions is the exercise of good judgement in the use and stewardship of the City’s resources. Unless otherwise specified herein, exceptions for employees will require the approval of the City Manager, the Assistant City Manager, or the Finance Director; exceptions for elected officials will require approval of City Council at a regular meeting of the Mayor and City Council. Responsibilities: The Department Director shall be responsible for determining which staff members can be issued a P-Card. The business need for obtaining a card should be carefully considered to limit the number of cards issued. Card limits should be as low as possible while still accomplishing business needs. Pursuant to the Cardholder Agreement, each individual cardholder is ultimately responsible for their purchases. The following is a chart showing the City's standard card dollar limits for a single transaction and monthly dollar limits; however, consideration may be given for other card limits if required for special circumstances:       Packet Pg. 207 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 49 of 99 Standard Card Limits Single Purchase Transaction Monthly Dollar Limit $500 $2,500 $1,000 $5,000 $1,500 $5,000 $2,500 $10,000 Card Limits for emergency and disaster purchasing by the Finance Department and/or Emergency Management Operations personnel will be determined on an individual basis, based on FEMA best practices and guidelines. To avoid confusing a P-Card with personal credit cards, each Cardholder will be provided a P- Card embossed with both the Cardholder's name and the "City of San Bernardino," along with the City's logo. ANY USE OF THE P-CARD IS RESTRICTED TO THE CARDHOLDER. THE USE OF THE P-CARD FOR ANY PURPOSE OTHER THAN OFFICIAL CITY BUSINESS EXPENSES IS PROHIBITED AND IS GROUNDS FOR DISCIPLINE UP TO AND INCLUDING TERMINATION. IN ADDITION TO DISCIPLINE, AND POTENTIAL CRIMINAL CHARGES, THE CARDHOLDER MUST REIMBURSE THE CITY FOR UNAUTHORIZED CHARGES. THIS CARD MAY NOT BE USED FOR PERSONAL PURCHASES - NO EXCEPTIONS. The Cardholder must attend training and carefully review the training documents provided with the P-Card. Cardholders must sign and abide by the City of San Bernardino Cardholder Agreement and comply with the guidelines of this Policy. Each P-Card will be assigned specific categories of purchases, as well as single transaction and monthly dollar limits. Each Department's overall P-Card exposure will also be verified against its annual approved Operating Budget. P-Card Procedures: To apply for a P-Card, departments must complete the following forms: 1. Cardholder Agreement 2. Cardholder Account Set-up 3. Approving Official Account Set-up form a. If the P-Card Agreement is a new approving official, which indicates the maximum dollar amount for each single transaction and a total monthly dollar amount. All P-Card forms are available on InsideSB, the employee intranet site under the section "Forms and Publications" of the Finance Department. The PSM will review the Cardholder application documents and will approve or reject, the applicant based on Policy guidelines.       Packet Pg. 208 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 50 of 99 To request an increase or modification to the P-Card limits, the Department Director must first approve the City's Purchase Card Modification/Increase form. The Policy is a supplement to the procurement process. As with other procurement methods, the following conditions must be met when using the P-Card: The P-Card should be used whenever possible in-lieu of petty cash, emergency purchase orders, or purchase requisitions when the item or group of items is under the transaction limit. Items should always be purchased at the lowest cost that meets the Departments basic needs. Normal purchasing procedures must be followed if a purchase will exceed a limit established. Each transaction may be comprised of multiple items, but the total, including tax and shipping, cannot exceed the single transaction dollar limit on the P-Card; nor exceed the monthly dollar limit. If either of these limits is exceeded, the transaction will be declined by the card issuing bank. All charges must be supported by receipts or some written documentation. A Purchasing Card Receipt Detail form must be used to document all Meals, Travel, Meetings, and Event transactions made using a P-Card. All of the following information must be provided before Finance will approve a business expense.       Packet Pg. 209 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 51 of 99 CITY OF SAN BERNARDINO ALLOWABLE PURCHASES Please use the following list as a guideline for allowable P-Card purchases. PURCHASE TYPE DESCRIPTION CATEGORY ASSOCIATION DUES, PROFESSIONAL OR INDUSTRY MEMBERSHIPS Dues may be charged if related to City business and with approval from Supervisor/Manager or Director. ALLOWABLE CITY BUSINESS MEALS Purchase of food for business requirements. Receipts including the names and affiliations for all members of the party whose meals are paid for using the purchasing card, and then state the business purpose for the expense. You must include an itemized receipt showing food and beverage items purchased, rather than the receipt showing only the total. The use of the P-Card for catering services is generally prohibited, as it is considered a service, unless the food is only dropped off. ALLOWABLE CITY BUSINESS TRAVEL City travel related purchases including airline tickets, hotel accommodations, car rentals, business meals, etc. Employee shall use their own credit card for any personal expenses, such as personal phone calls, video rentals, upgrades, etc. ALLOWABLE COMPUTER AND TELEPHONE ACCESSORIES Information technology and telephone consumable items for City Business: flash drives, toner cartridges, diskettes, zip disks, COs, DVDs, tape cartridges, mouse, keyboards, USB peripherals, telephone headsets and paper DO NOT require Information Technology Department (IT) pre- approval. ALLOWABLE CITY SPONSORED EVENTS Items necessary to conduct a City sponsored event. ALLOWABLE GENERAL SUPPLIES Items for City business not prohibited or in conflict with negotiated discounts such as Staples. Use Staples card or on-line ordering system. ALLOWABLE ON-LINE AUCTION PURCHASES On-line auction purchases for City business needs for items not on a City prohibited list may be purchased with approval from Supervisor/Manager or Director. ALLOWABLE PROFESSIONAL DEVELOPMENT Allowable with approval from Supervisor/Manager or Director. ALLOWABLE SEMINARS, CONFERENCES WEBINARS, TRAINING Seminars, training, books, etc., that have been preapproved by the Director or City Manager and budgeted for by the Department. ALLOWABLE SUPPLIES FOR CITY MAINTENANCE AND REPAIRS Maintenance and repair supplies, including maintenance tools and equipment; janitorial supplies and other maintenance-related expenses. ALLOWABLE       Packet Pg. 210 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 52 of 99 The City at its sole discretion may apply other restrictions and the Purchasing Card Policy shall be updated as needed by the Finance Department. Acknowledgement Before being issued a City of San Bernardino purchasing card or online management account authority under this policy, all authorized users shall sign and accept below indicating that such user will use such cards only in accordance with the policies of the city and with the requirements of state law. Name Printed Signature Date Role       Packet Pg. 211 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 53 of 99 City of San Bernardino Travel Authority and Expense Reimbursement Policy (Approved Resolution 2021-164) Scope: This Policy applies to all employees and Elected Officials requesting reimbursement for expenses incurred on behalf of the City. Exemption from Scope None. Policy: 1.0 DEFINITIONS 1.1 Appropriate Expense An Expense that is suitable or fitting for a particular valid business purpose 1.2 Allowable Expense A necessary, reasonable, and appropriate expense incurred for the primary benefit of City business and therefore permitted to be reimbursed or directly charged based on the permission of the City. 1.3 Available Budget The total amount of funds available in the General Ledger expense line to be charged for the expense incurred by the employee or Elected Official 1.4 Necessary Minimum purchase or service required to achieve a particular business objective. 1.5 Original Receipt The original merchant receipt or invoice issued by the supplier or service provider to document and substantiate the business transaction. A digital image of the original receipt is allowable if it is legible, and the paper receipt is destroyed. 1.6 Reasonable An expense that is ordinary and reflects and prudent decision to incur the expense on behalf of City business. Not extreme or excessive. 1.7 Request Reimbursement Request or Request for Reimbursement. 1.8 Substantiation Documentation to support an incurred business expense that includes the original receipt, documentation of business purpose, names of persons in attendance, and appropriate report of the expense for the incurred cost.       Packet Pg. 212 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 54 of 99 2.0 CRITERIA FOR DETERMINING AN ALLOWABLE EXPENSE 2.1 Considerations. To be reimbursed to an individual, a business expense must be: 2.1.1 Necessary to perform a valid business purpose fulfilling the mission of the City. An expense is necessary if there is a valid business purpose required to fulfill the mission of the City. The primary benefit of a necessary business expense is the City, not the individual. A necessary expense is a minimum of purchase or service required to achieve a valid business objective. 2.1.2 Reasonable in that the expense is not extreme or excessive, and reflects a prudent decision to incur the expense. Reasonable means the amount that normally would be spent in a specific situation. An expense is considered reasonable if it is not extreme or excessive and reflects a prudent decision and action to incur the expense. This Policy does not define precise dollar amounts for what constitutes reasonable, because the reasonableness of an expense depends upon many relevant factors including the business purpose, the context, the source of funds, and the circumstances surrounding the expenditure. 2.1.3 Appropriate in that the expense is suitable and fitting in the context of the valid business purpose. Costs are appropriate if they are suitable or fitting for a particular business purpose. For a cost to be appropriate it is also presumed that there is a valid business purpose, which is normally the responsibility of the department to determine. The following questions should be considered when determining the appropriateness of costs: a. Could the cost be comfortably defended under public scrutiny? b. Would you be confident if the cost were selected for audit? c. Would you be comfortable reading about it in the newspaper? d. Has it been adequately documented? 2.1.4 Allowable according to the terms of any City policy. If a business expense is necessary, reasonable, and appropriate, the City will generally consider it an allowable expense, subject to approval. 2.1.4 (1) Allowable Food and Meals. Meals that meet all the above criteria must also meet IRS rules to be reimbursable and non-taxable to the employee or Elected Official. See Section 4.0 FOOD AND MEALS.       Packet Pg. 213 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 55 of 99 3.0 SUBSTANTIATION OF EXPENSE For a business expense to be approved and reimbursed, it must be properly substantiated. 3.1 Clear, Complete and Accurate. All City-related business expenses require clear, complete, and accurate supporting documentation. The collective documentation associated with your expenses should answer who, what, where, when, and why of each transaction (as applicable). In your documentation, include: a. Who attended (first and last names); b. What purpose the expenditure served; c. Why the expense was necessary, or how if furthered the City’s goals; and d. When and where the expense took place. All documentation should be written in a way that will be understood by anyone who reviews it, whether today or many years from now. This includes a person outside of the City who is unfamiliar with a department’s work or jargon. 3.2 Business Purpose Examples. 3.2.1 The following would be considered incomplete business purpose descriptions for substantiation: a. Dinner with Marcus G., economic development-PPP; Miyagi Sushi b. Lunch with Echo Group c. Printing-sidewalk vending 3.2.2 The following are examples of clear, concise, and complete business purpose descriptions for substantiation: a. Dinner with Marcus Grimm, economic development – Public-Private Partnership; Miyagi Sushi. b. Lunch with Echo Group – Anh Nguyen, Felix Baca, and Ron Watson, re: development in canyon; Jose’s Mexican Food. c. Extra copies of sidewalk vending brochures printed for event at Orange Show. 3.2.3 Clear examples are important so that auditors and the public, even years from now, can understand why a purchase was made. For instance, in the examples above, printing services are usually purchased through the normal course of City business. It is only through the normal course of City business. It is only through the business description that clearly states “extra copies” printed for “event” that someone reading the backup material would understand the business need for printing outside a normal business process.       Packet Pg. 214 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 56 of 99 4.0 FOOD AND MEALS Food and meal purchases are covered under this policy, the City’s Procurement Card (“P-Card”) Policy and the City’s Travel Policy. Because of IRS rules, any City purchase or reimbursement of meals require additional documentation. 4.1 General Eligibility. Purchases of food and meals are eligible for reimbursement if they are part of overnight travel (See Travel Policy), business meetings (Business Meals, Section 4.3) as allowed for Elected Officials or as approved by the City Manager, or to provide meals in the case of all-day meetings or scheduling that requires meetings to be held over a mealtime (Meals Provided During Work, Section 4.4). Any meal reimbursement will be in accordance with IRS rules. 4.2 Meals During Travel. For details about meals during travel for City business, see the City’s Travel Policy. 4.3 Business Meals. Meals that are purchased as part of business meeting are allowed for Elected Officials or as approved by the City Manager. These meals are governed under IRS rules (see IRS Pub. 5137) and require specific documentation 4.3.1 IRS Requirements a. Business Connections. A description of the business purpose of the meal. The description should be through enough to pass audit scrutiny. See Section 5.2 for examples b. Adequate Accounting within a “Reasonable” Period of Time. While the IRS does not specify a length of time for submitting receipts for reimbursement; this policy requires that any request for reimbursement be submitted no later than 60 days after the date of purchase. c. Excess Reimbursements are Returned within a “Reasonable” Period of Time. If an employee or Elected Official finds that they have been reimbursed more than amount owed; the excess should be remitted to the City with ten (10) business days of discovering the error. 4.3.2 Audit and Transparency Requirements a. Itemized Receipt. The meal receipt MUST be itemized. Reimbursement will not be provided for summary receipts. b. Names of Attendees. A list of all attendees of the meeting, first and last name.       Packet Pg. 215 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 57 of 99 4.3.3 Tipping. A maximum of 20% will be reimbursed. 4.4 Meals Provided During Work. The purchase/reimbursement of meals/food for staff during work hours is allowed under the following circumstances: 4.4.1 Working Meals. Working meals must be occasional and require preapproval by the Department Director. In the case of an employee meeting held during mealtime, a good faith attempt should be made by the meeting organizer to schedule the meeting at a time that does not overlap mealtime. The following criteria must be met for a working meal to be reimbursable: 4.4.1 (1) City Business Purpose. There must be a clearly stated City business purpose for the meeting/working meal. 4.4.1 (2) List of Attendees. A list of all attendees (first and last name), and department, must be included. 4.4.1 (3) Reasonable Cost. As stewards of taxpayer dollars, it is incumbent upon all City employees and Elected Officials to use City funds wisely. Food brought in for working lunches should be reasonably priced. “Reasonable cost” while not defined in this Policy in actual dollar terms, is defined as what would be paid by a prudent person under the same circumstances. Consider the Appropriate Cost questions from Section 2.1.3 when determining reasonable cost: • Could the cost be comfortably defended under public scrutiny? • Would you be confident if the cost were selected for audit? • Would you be comfortable reading about it in the newspaper? 4.4.1 (4) Tipping. No more than a 20% tip will be reimbursed 4.5 Prohibited Meals and Food. 4.5.1 Alcohol. The purchase of alcohol is not eligible for reimbursement. 4.5.2 Taxable Fringe Benefits. Because IRS rules require that they be included in taxable wages as fringe benefits, reimbursements will not be provided for the following categories of meals (See IRS Pub. 5137 for details): 4.5.2 (1) Individual Meals. Meals purchased for or by an individual employee or Elected Official will not be reimbursed (Except for during overnight travel, which is covered under the Travel Policy. NOTE: if an individual meal is purchased, whether by p-card or erroneously reimbursed, and the funds are not returned to the City, the cost of the meal will be       Packet Pg. 216 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 58 of 99 included in the employee or Elected Official’s taxable wages as required by the IRS. 4.5.2 (2) Meals while on Day Trips. Meals purchased during day trips for work (not overnight) are not reimbursable, even if the trip extends beyond the regular workday. 5.0 AVAILABLE BUDGET AND PRE-APPROVALS 5.1 Verify Available Budget. It is the responsibility of the employee or the Elected Official to verify that there is adequate available budget for the planned expense before making any purchase on behalf of the City. 5.2 Pre-Approval. Employees purchasing food or tangible goods for a City purpose should have the approval of their immediate supervisor or Department Director before expending personal funds whenever possible. 5.2.1 Establishes City Purpose. By obtaining pre-approval, the City purpose of the expense is already established. 5.2.2 Forms of Pre-Approval. Pre-approval is for the protection of the employee making the purchase. By obtaining pre-approval, the employee can be reasonably assured that the personal funds expended for a City business purpose will be reimbursed. As such, it is the interest of the employee to ensure that the pre-approval: 5.2.2 (1) Includes the name of the person making the approval. 5.2.2 (2) Clearly identifies the specific expense that is pre-approved (may not be a “blanket” approval of multiple expenses). 5.2.2 (3) Can be printed or electronically attached to the request for reimbursement. 5.2.3 Verification of allowable Expense. If an employee, supervisor, or Department Director is uncertain regarding the allowability of the expense for reimbursement, they should contract Finance for verification. 5.2.4 Exemption of Pre-Approval Requirement for Elected Officials. Elected Officials are not required to obtain pre-approval for City business-related expenses except in the case of travel (See Travel Policy). However, it is incumbent upon the Elected Official to ensure that there is adequate budget available to cover any expenses before they are incurred.       Packet Pg. 217 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 59 of 99 6.0 APPROVAL AND REIMBURSEMENT Requests for reimbursements should be submitted with original receipts attached and all appropriate documentation as discussed above to meet IRS, audit, and City transparency standards. Once this is complete, the request may be submitted for approval reimbursement. 6.1 Review and Approval – Employee Request for Reimbursement 6.1.1 Approval. Employees requests for reimbursement will go through approvals in the Department as follows – the employee’s immediate supervisor, and Department Director review and approval. After the Departmental approvals are complete, the Request will be moved to Finance for final approval and reimbursement. If Finance staff questions any expenses, they will escalate the Request to the Finance Director for review and a decision as to the allowability of the expense under the Policy. Once any questions are resolved, the Request will be moved to Accounts Payable for reimbursement. 6.1.1. (1) Finance Director Decision. The Finance Director’s decision as to the allowability of an expense will be final. a. Rejected Reimbursement Memo. If the Finance Director determines that an expense is not reimbursable, they will draft a memo to the employee and the Department Director explaining the reason. b. Option to Appeal. An employee may appeal the decision of the Finance Director to the City Manager. 6.1.1 (2) Appeal to City Manager. If an employee disagrees with the Finance Director’s decision, they may appeal the decision to the City Manager within ten (10) business days of the employee receiving the Rejected Reimbursement Memo. a. Appeal Process. The employees making the appeal must submit a memo to the City Manager detailing why they disagree with the Finance Director’s decision. The memo should include specific references to this policy b. Language and Accessibility. If the employee believes that they require help to write the memo, help will be provided by Human Resources personnel unconnected to this process. The deadline to submit the memo will be extended to accommodate for any scheduling issue delays. The deadline of ten (10) days will be       Packet Pg. 218 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 60 of 99 extended only in the case of a language or accessibility issue in completing the memo. c. City Manager Decision. The City Manager’s decision will be final 6.1.1 (3) Taxability. If the City Manager allows reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137 the amount will be reimbursed, and Finance will add the amount of the reimbursement to the employee’s taxable wages, as required by IRS rules regarding fringe benefits. 6.1.2 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Department. 6.2 Review and Approval – Elected Official Request for Reimbursement 6.2.1 Approval. Elected Official Requests for Reimbursement will go through approvals as follows – the Council Supervisor/Mayor’s Executive Assistant will review the Request, verify available budget, and escalate any questioned expenses to the Finance Director for review and a decision as to the allowability of the expense under this Policy. If there are not questioned expenses, the Council Supervisor/Mayor’s Executive Assistant will approve the Request and move it to Finance for final approval and reimbursement. If Finance staff questions any expenses, they may escalate the Request to the Finance Director for further review as to the allowability of the expense under this policy. 6.2.2 Questioned Costs. If the Finance Director finds that an expense submitted for reimbursement is not reimbursable under this Policy, and the Elected Official disagrees, the Elected Official may bring the expense before the Mayor and City Council during a regular meeting for a final determination of allowability (see Section 6.3.1). 6.2.2 (1) Taxability. If the Mayor and Council vote to allow reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137, the amount will be reimbursed, and Finance will ad the amount of the reimbursement to the Elected Official’s taxable wages, as required by IRS rules regarding fringe benefits.       Packet Pg. 219 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 61 of 99 6.2.3 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Elected Official. 6.2.3 (1) Insufficient Budget. If there is insufficient budget in the appropriate line item to cover the expense, the Elected Official has two options: a. Request that budget be transferred from another line item within the Elected Official’s department budget in an amount sufficient to cover the expense, or b. Withdraw the Request or Reimbursement. 6.3 Rejected Reimbursement Requests to City Council – Elected Officials Only 6.3.1 Bringing a Rejected Reimbursement Request Before City Council 6.3.1 (1) Documentation. For a Rejected Reimbursement Request to be considered by City Council, the Elected Official must provide in advance of the meeting: a. Substantiation of the Expense, see Section 3.0 b. All written communication (email, etc.) from City staff documenting the reason for rejecting the Request. 6.3.1 (2) Decision. The decision of City Council will be final. a. Abstain. The Elected Official requesting the reimbursement shall abstain from the vote. b. Tie Vote. If the vote results in a tie, the Mayor will cast the deciding vote unless it is the Mayor requesting the reimbursement. If the vote results in a tie, the rejection will stand. c. Council Decline. Council may decline to hear the Reimbursement Request by a majority vote. If Council declines to hear the Request, the rejection will stand. d. Taxability. See Section 6.2.2 (1)       Packet Pg. 220 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 62 of 99 SECTION 3: PROCEDURES Procedures: Explain the “how” of decision making. They provide step-by-step instructions for specific routine tasks. They may include a checklist or process steps to follow. Procedures help guide policies. Procedures give instructions on how to utilize policies. The Purpose of Procedures: At the very least, procedures should outline the following information: • Who is responsible for each task. • What steps need to be taken. • Who the responsible party reports to. What makes a good procedure? • Clear, concise, and simple language. • Addresses how to implement policies. • Takes user insight into account. • Providing options when feasible, not unnecessarily restrictive. Exceptions to the Bidding Process Current Emergency Purchases: 3.04.075 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, The City Administrator shall have the authority to authorize the Purchasing Agent to secure the open market at the lowest obtainable price and such supplies, materials equipment or contractual services. This emergency authority shall extend to all purchases; irrespective of the fact that amount might exceed the authorized limitation for open market purchases. In all instances a full explanation of the emergency circumstances shall be filed with the Mayor and Common Council. If emergency work is performed, the Purchasing Division should be notified by the next business day. This will allow the Purchasing Division to properly ratify purchase orders. What Constitutes as an Emergency: • A public calamity • An immediate need to prepare for national or local defense.       Packet Pg. 221 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 63 of 99 • The breakdown of machinery or equipment on service impediment which will require immediate resolution. • A hazard or peril to public health or welfare • A situation where the city is unable to perform services for the public. Steps to take: • If the emergency occurs during business hours, The Purchasing Division shall be notified the same day. • If an emergency occurs during non-working hours, purchasing shall be notified during the next business day. • Purchasing contracts vendor or delegates to department to secure rough order magnitude (ROM) written estimate. Purchasing or delegate notifies vendor to proceed. • Only licensed and insured vendors can be contracted with, as appropriate. • A purchasing order with a Not to Exceed Amount (NTE) shall be issued within 5 – 10 days. • If feasible, a Vendor service Agreement to follow. • If ROM exceed $100,000, council approval is required even if after the fact. • After the emergency is mitigated, if additional work is required, the normal competitive procurement procedure is to be followed. • Contractors must be registered with DIR prior to the bid opening, to qualify to win the bid. Municipal Code §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.       Packet Pg. 222 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 64 of 99 The Purchasing Process Department Led Bids for Purchases between $10,001 and $40,000: Please see Section 2: Polices, for Purchasing Expenditure and Approval Thresholds. 1. Department must contact all vendors/contractors/consultants via telephone, teleconference, or email for a quote request. a. Please note if verbal requests for quotes are made, a written confirmation and/or follow-up must be sent to the vendors/contractors/consultants. 2. Department must provide all vendors/contractors/consultants with same SOW and specifications for the services/products/equipment that is needed. a. This for transparency and audit purposes 3. Department must provide all vendors/contractors/consultants with a due date/deadline to return their bid/quote. Please see the definition and detailed example of a valid quote. a. Quote can be electronic in Excel, Word and PDF format. b. The date should be noted on the quote. 4. Departments must evaluate the bids submitted, showing documentation of the cost comparison. 5. Once bid is awarded, Department may process a purchase order for purchases between $10,001 up to $40,000. All bid documents must be attached to the PO in New World along with the certificate of insurance (Endorsements and Waivers of Subrogation), and current W9 with date and signature, if services are being provided to the City. a. It is the discretion of the Agency or Department Director to process an agreement for purchases between $10,001 and $40,000. i. Agreement templates are available from the Purchasing Division. ii. If an agreement is required, please contact the Purchasing Division for review of the agreement before it is uploaded to DocuSign for signature.       Packet Pg. 223 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 65 of 99 Telephone Quotes If quotes are requested verbally, they should always be followed up by email, fax, or text, if email is not an option. The only time that a follow-up is not required is under the following unusual conditions: • Wi-fi servers are inoperable for both parties; therefore, emails can’t be received and sent. • Fax is not available. • The post office and other delivery courier services are not available. • Text messages are not an option. When requesting a phone quote from a vendor, please follow the following instructions: • Pre-write verbiage or a script in order to be transparent and ask each vendor for the same information. • Make sure to document the time and date the vendor was contacted. • Make sure to advise the vendor of the date and time the quotes need to be submitted.. • All vendors need to be contacted within the ten (10) business days to ensure pricing is comparable. Prices obtained months apart are not comparable. • Make sure to obtain the vendors contact information in order to send a confirmation email. If you send a follow-up email, you are much more likely to receive the written back-up for the quote that is required for audit purposes. While verbal quotes are quick and easy, sending a follow-up email takes only a few seconds and saves a lot of headaches later during an audit!       Packet Pg. 224 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 66 of 99 Example of an ideal simple quote: Quotation Quote Number: Date: May 7, 2021 Company Name: Contact Person and Contact Info.: Project Title/Number: Total Cost: Item Description Unit Price Quantity Price Office Phone System Instruction Book Instruction Manual for the NEC Office Phone System $XX.XX 40 $XXX.XXX Total Price $XXX.XX Thank You very much for giving us the opportunity to quote. We hope to serve your order soon. If you have any questions, feel free to contact us at_______________. Sincerely, Contact Title Contact Name • A valid quote should contain the following information:  Supplier’s business details  Client details  Quote number  Date of issue  A list of services to be provided  What services won’t be provided  Breakdown of costs  Total cost of the project  Variations of (extra costs)  Timelines and completion dates  Factors which may affect the completion date  A place for customers to sign their acceptance • Please Note: City staff should not sign acceptance of a quote. If terms and conditions are attached, the signer may be accepting terms and conditions and obligating the City to terms and conditions that are contrary to the City’s usual terms and conditions. Staff members that have been assigned purchasing and signing authority       Packet Pg. 225 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 67 of 99 should be the only individuals signing on behalf of the City. Individuals that have been designated purchasing and signature authority will contact the City’s legal Counsel if necessary to obtain legal advice as to signing pricing, quotes and proposals.  Payment methods, is asking for a deposit Response Time From Purchasing Agents 1. Please allow at least 72 hours for the Purchasing Division to respond to your requests. Same day inquiries will be reviewed by urgency and/or priority but responses are not guaranteed the same day. 2. This is to respect and prioritize all duties/tasks for the purchasing staff and most importantly to be able to address all City departments fairly and timely. 3. For projects, please contact purchasing no less than 6 months, but preferably a year or more before your project has to be finalized and ready to go. i. Allowing long lead times assists purchasing with identifying the needs for your department, and it assists with the needs for the City overall. Purchasing may be able to assist with your SOW, identifying suppliers/vendors in the marketplace, and with formulating your department’s purchasing strategy which will reduce potential risks. 4. Please include the purchasing process/plan and timeline in your project presentation to the City Council. i. This shows the City Council that the departments are collaborating with the Purchasing Division and that citywide staff is accountable for the project. This also gives the City Council more realistic estimated dates and times of when your project can be fully executed.       Packet Pg. 226 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 68 of 99 Purchasing Division Led Bids for all purchases: 1. Quick Quote via Planet Bids: Did you know that a quick quote can be utilized via Planet Bids for small purchases up to $10,000? Quick Quotes can be released with a bid close date within 48 to 72 hours. a. The department must provide specifications to the Purchasing Division two (2) business days in advance for review and revisions before they would like the Quick Quote bid to be released. b. Departments should always send a detailed request to City Purchasing - - A detailed description of what you want to purchase, should include: 1. Color 2. Size 3. Amount/Quantity 4. Manufacturer Number 5. Name of Manufacturer, etc. c. Quick Quotes have a turnaround time of 48 to 72 hours. Quick Quote Process Chart YES NO Department Identifies Goods/Services to be purchased Purchasing will review the request. Did Dept. Provide all relevant information for Quick Bid to be Processed? Request to be returned to dept for revisions. Requesting Dept. Revises request and resends to purchasing. Purchasing Dept. will move forward with Quick Bid Release. Purchasing Dept. Releases quick quote with an assigned bid No. Bid Turnaround is 48 to 72 hours Bid Closes – Purchasing Reviews Bid & Advises Dept. of winning Company, Dept. Creates PO (Purchasing May draft contract if required) - Process is not Complete.       Packet Pg. 227 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 69 of 99 2. Request for Quotation (RFQ): RFQ’s can be processed for purchases greater than $10,000. a. Requesting Department must provide RFQ documents to the Purchasing Division seven (7) business days before the requested bid release date, for review and revisions before bid is RFQ is released. b. Departments should always send a detailed request to the Purchasing Division. 1. A detailed Scope Of Services (SOS)/Scope Of Work (SOW) is to be provided to purchasing. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How. 2. A detailed pricing sheet for the vendor to fill out and submit for the RFQ 1. Please Note: If the RFQ request is sent back to the department due to insufficient information, when the request is returned to purchasing, there will be up to five (5) additional business days for review before the RFQ is released. c. RFQs have a minimum turnaround time of 14 business days (from release to closing). This does not include the evaluation of the bids, bid protest and award protests. RFQ Process Chart YES NO Did Dept. Provide all relevant information for RFQ Bid to be Processed? Request to be returned to dept for revisions. Requesting Dept. Revises request and resends to purchasing. Purchasing Dept. will move forward with RFQ Bid Release. Purchasing Dept. Releases RFQ Bid with an assigned bid No. Bid Turnaround is 2 to 4 weeks Bid Closes – Purchasing Reviews Bid & Advises Dept. of winning Company, Dept. Creates PO (Purchasing will draft contract and Process for signature Execution Department Identifies Goods/Services to be purchased. Purchasing will review the request.       Packet Pg. 228 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 70 of 99 3. Request for Proposal (RFP): The document used to solicit proposals from potential providers (proposers) for contractual goods and services. Price is usually not a primary factor. RFPs provide for the negotiation of all terms, including price, prior to contract award. An RFP may include a provision for the negotiation of best of final offers, and may be a single or multi-step process. For the City of San Bernardino, RFPs can be processed for purchases above $40,000. RFPs are usually solicited for High Value/High Risk projects and services. 1. The Department should be preparing for an RFP month in advance and contacting the Purchasing Division for advanced notification. RFP documents must be provided to the Purchasing Division no less than fourteen (14) business days in advance, before the requested RFP release date. This is for review and revisions before RFP is released. 2. The Department should always send a detailed request to the City Purchasing Division. 1. A detailed SOS/SOW is to be provided to purchasing. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How. 2. A detailed pricing sheet for the vendor to fill out and submit for the RFP. Please Note: If an RFP request is sent back to the department due to insufficient information, when the RFP request is returned to purchasing, there will be up to five (5) additional business days for review before the RFP is released. b. Department can require a Bidders Conference (Bid Meeting) to discuss and clarify inquiries from the participating proposers. c. RFPs have a minimum turnaround time of 30 calendar days (from release to closing). This does not include the evaluation of the RFPs, any protest and award protests. See RFP Process Flow Chart on Next Page       Packet Pg. 229 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 71 of 99 RFP Process Chart Yes No Department Identifies Goods/Services to be purchased. Purchasing will review the request. Did Dept. Provide all relevant information for RFP to be Processed? Request to be returned to dept for revisions. Requesting Dept. Revises request and resends to purchasing. Purchasing Dept. will move forward with RFP Bid Release. Purchasing Dept. Releases RFP Bid with an assigned bid No. Bid Turnaround is 4 to 6 weeks Bid Closes – Purchasing Reviews: Bid Pricing, References, Exceptions, Deviations, Purchasing Draft complete evaluation Matrix. Department Reviews: responses and qualifications of bids submitted. Evaluation Matrix is reviewed by Purchasing and Evaluation team, if a Best and Final Offer (BAFO) is necessary, Purchasing will contact vendors for revised bid and deadline to submit BAFO’s BAFO Closes: Purchasing Reviews Revised Bid Pricing, Exceptions, Deviations. Purchasing draft complete evaluation Matrix Department Reviews Revised responses and qualifications of BAFOs submitted. Purchasing Sends Tentative award to most responsive/responsible bidder, (Dept. cc’d) once award accepted. Purchasing sends finalized matrix to Dept. so staff report can be drafted. and qualifications of BAFOs submitted. Once Agreement has been approved by City Attorney (If Exceptions were taken) contract is uploaded to DocuSign for signature processing. Once contract has been signed by all parties, including vendor/consultant/contract, the bid and contract process is complete. DONE!!       Packet Pg. 230 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 72 of 99 Request for Information (RFI) or Request for Qualification (RFQual): A non- binding method whereby a jurisdiction publishes its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain comments, feedback, or reactions from potential responders (suppliers, contracts) prior to the issuing of a solicitation. Generally, price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. b. The Department requesting an RFI or RFQual should be preparing for the process months in advance and should contact the Purchasing Division for assistance. The Department must provide RFI/RFQual documents to the Purchasing Division fourteen (14) business days in advance of the requested release date, for review and revisions before the RFI or RFQual is released. c. Departments should always send a detailed request to the City Purchasing Division. d. A detailed SOS/SOW is to be provided to purchasing. 1. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How. A detailed pricing sheet is not required for RFIs/RFQuals e. Departments can require a Bidders Conference to discuss and clarify inquiries from the participating respondents. f. RFI’s/RFQual’s have a minimum turnaround time of 30 calendar days (from release to closing) Please Note: If an RFI/RFQual request is sent back to a department due to insufficient information, when it is returned to purchasing, there will be up to five (5) additional business days for review before the bid is released. This does not include the evaluation of the RFI/RFQual, any protest and award protests.       Packet Pg. 231 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 73 of 99 RFI/RFQual Process Chart Yes NO PROTEST PROCEDURE 1. Vendors not awarded for a contract have ten (10) business days to formally protest the award. The award should include precise fact and circumstances, and reason for the intent to award to be overturned. a. The protest must be filed before the awarded contract or purchase order has been issued. The Purchasing Division may not act on a bid protest if it hasn’t been received in a timely manner. If the protest deadline has expired, the vendor will be notified, and the award process will move forward. 2. If the vendor bid protest is appropriately filed, the Purchasing Division may delay the award of a contract or purchase order until the matter is resolved. a. Please note that situations may occur where the delay of an award may not be in the best interest of the City due to emergency and/or time constraints such as the end of the City’s fiscal year or grant funding requirements. In these situations, the City has no obligation to delay or otherwise postpone an award of a purchase order or contract based on a vendor protest. In all cases, the Cities Purchasing Manager reserves the right to make an award when it is determined to be in the best interest of the City of San Bernardino. b. The Purchasing Manager will review the protest and will considered all information submitted with the protest. The purchasing manager will make the final decision in writing by email and will be followed up with a hard copy, or Department Identifies Goods/Services to be purchased. Purchasing will review the request. Did Dept. Provide all relevant information for RFP to be Processed? Request to be returned to dept for revisions. Requesting Dept. Revises request and resends to purchasing. Bid Closes –Purchasing Reviews: Bid & Advice Dept. of Results. A short list is created from Results and a RFP/RFQ is processed for the next step., (See RFQ/RFP Flow Charts) Purchasing Dept. will move forward with RFI Bid Release Purchasing Dept. Releases RFI Bid Request with an assigned bid number. Bid Turnaround time 30 Calendar Days.       Packet Pg. 232 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 74 of 99 mail the notice to the protesting bidder within thirty (30) business days of confirmed receipt. 3. The Purchasing Manager may refer a protest of a technical nature to the requesting City Department for further clarification, and will prepare a response to the protesting vendor, advising them of the pending action(s), and when a formal response can be expected.       Packet Pg. 233 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 75 of 99 PROTEST FORM AND CONTENT All protests shall be in writing and state that the vendor is submitting a formal protest, and the protesting vendor is responsible for ensuring that the protest is received within the protest deadlines. If the City does not receive the protest within the specified deadline, the protest may be rejected. The mailing address for all protests is: City of San Bernardino Purchasing Division Attention: Purchasing Manager 290 North “D” Street San Bernardino, CA. 92401 Include the following information shall be placed in the protest letter. Failure to provide the following information could result in rejection of vendor’s protest: 1. Company name, mailing address, phone number, and name of company individual responsible for submission of the protest 2. Please provide an email address for communication, clarification, and disposition of the pending protest 3. Specify the City Bid Number, bid title, closing date, and proposed award date of the solicitation 4. State the specific action or decision being protested 5. Indicate the basis for the protest 6. Indicate what relief or corrective action vendor believes the City should make 7. Demonstrate that every reasonable effort was made within the schedule provided, for vendor to resolve the basis of the protest during the process, including asking questions, seeking clarification, requesting addenda, and otherwise alerting the City to any perceived problems. 8. Protest letter must be signed by an authorized agent of the company       Packet Pg. 234 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 76 of 99 Vendor Setup Instruction on how to request a New Vendor set-up and/or make changes to an existing vendor:  Go to New World (ERP System)  Financial Management  Purchasing  Vendor Change Request • All vendors need documentation verifying their mailing address: • W9 • City refund form • Driver's License • Asset forfeiture, Memo from PD Purchase Orders (POs) 1. POs will be reviewed 2 days per week (Mondays and Fridays) 2. POs will be returned if proper documentation is not attached. a. Description must match the GL Account used and scope of work 3. Please be mindful that a PO is necessary “before” services are rendered. a. Example: POs are not rushed due to services being provided outside of an approved PO and/or agreement. 4. If using a Grants Account, please make sure to use a Grants PO. 5. Please make sure to obtain written permission the Grants Division.       Packet Pg. 235 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 77 of 99 PO Change Order Process: Changes are made via the New World Database. A Detailed comment needs to be entered stating what is being updated. 1. Remove the check mark in the change process only 2. Enter either the PO number or Vendor to find the departments PO 3. Hit Search 4. Click on the PO number that needs to be changed 5. Make the changes as needed 6. Click Save, if enough funds aren’t available the PO will not validate 7. If you get a GIANT red X do not move it forward, you will need to adjust the budget 8. If a GREEN check mark appears , the PO is validated, then approve to move forward in the approval process 9. Once change order request goes through the approval process and is fully approved, purchasing will post, print and forward a copy of your to your department so you will know the change order is complete.       Packet Pg. 236 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 78 of 99 Furniture Order Process There are a few things to be considered when you order furniture for new or existing staff. 1. There may be existing furniture that will meet your needs. Before ordering new furniture and/or cubicles, reach out to the Facilities Team. There are desks, credenzas, bookshelves, and cubicles available that are in excellent condition that may suit your needs. a. You are not required to use existing office furniture or cubicles. Sometimes the existing furnishings are too large for smaller offices, or the cubes are not suitable for the space. b. Chairs should always be ordered new. Using old chairs to save money can cost the City in the long term with potential ergonomic problems that they can cause or exacerbate for health employees. 2. If there is not existing furniture that suits the needs of your department, follow the RFQ Process to initiate the purchase of furniture that meets the needs of your department. 3. It is important to note that if City Facilities staff is unable to install your furniture and/or cubicles, a Public Works bid must be released for the installation of the furniture system according to State Law. a. The bid will be released to certified/qualified vendors that have the proper licensing and certifications for the installation and comply with Prevailing Wage. b. Prevailing Wage applies to assembly, disassembly, installation, reconfiguring or securing furniture to walls. c. Prevailing wage does not apply to delivery of furniture, or rearranging/moving chairs, bookcases, filing cabinets, desks, etc. within a space. Staples Office Supplies Staples is the city’s designated office supplies vendor. 1. To obtain a log-in • Send an email to your assigned City Representative with your employee’s name, email address, phone, department and shipping address. It is okay to ask for price matches for large, priced items. Please advise City Representative when an employee separates from the city so that their account is removed. Please note Furniture orders can be placed with Staples if a department has the approved specifications and measurements. Business Registration According to Municipal Code 5.04.005, a business registration certificate needs to be obtained before any person or business conducts business in the City. Please contact the Business Registration Department for all business certificate, licensing, and fee requirement information.       Packet Pg. 237 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 79 of 99 City of San Bernardino Contract Processing Guidelines The Purchasing Division wants to ensure to meet the purchasing needs of the city as much as possible. To safeguard that appropriate contract procedures a being properly followed; the following process is being implemented immediately: 1. Drafting a Contract. a. If an individual department processes a bid, the Department can draft the service agreement using the city approved template. 2. All Contracts require purchasing review & approval prior to sending to the vendor/consultant for signature. a. This is to ensure that everything is documented correctly within the agreement. b. The Department shall forward drafted agreement to the Purchasing Division for review and approval. c. Purchasing may have some approved language and/or options to add to the agreement before sending to the vendor/consultant for review. 3. Contracts Requiring Purchasing/City Attorney review & approval prior to and after the vendor/consultant has been requested to sign the contract. a. Drafted templates that will not require City Attorney approval prior to sending to the vendor/consultant for signature are: i. The contract is drafted on the City approved template and no exceptions or deviations have been taken on the terms and conditions. b. Drafted templates that will require Purchasing/City Attorney approval prior to sending to the vendor/consultant for review/revisions are: i. The contract is above $40,000. ii. The contract drafted on the City approved template and exceptions/deviations are being requested on the terms and conditions iii. The contract is drafted on the vendor/consultants’ contract template. c. Drafted templates that will require City Attorney approval after sending to the vendor/consultant for review/revisions are: i. The vendor has taken exceptions to the Terms and Conditions within the City approved agreement template. ii. The vendor is counter-responding to the exceptions the City has taken on the vendor/consultants drafted contract template. d. City Attorney is to be given a minimum of 7 to 10 business days to review contracts or to complete other legal review requests. 4. If wet signature is required. All contracts should be signed by the vendor/consultant prior to sending the contract to the Purchasing Manager and/or City Manager for final signature and approval. a. This is a best practice for the business issuing the contract not to sign a contract until it is accepted by the other party and signed. Once it is accepted and signed by the other       Packet Pg. 238 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 80 of 99 party, the issuer should review the contract again to make sure no terms were changed and then sign it. i. This best practice is also used when a vendor gives the City their contract template to review and sign. The city will not sign the contract until the vendor signs the negotiated terms and conditions first. b. The City Purchasing Division is to be given a minimum of five (5) business days to review contracts or to complete other purchasing requests. c. Sometimes vendors/consultants may change terms and sign contracts without advising that changes have been made on their end. i. We must review and make sure that the same contract that was sent to them is being signed and returned to us. d. Purchasing will forward the contract to the City Clerk for the City Attorney’s Signature and City Manager’s signature, via DocuSign, unless a wet signature is required. e. Once signed by the City Manager and finalized, everyone should receive a copy of the sign. 5. Agreement Amendments are generally Processed for the following reasons: a. Rate Adjustments i. Processed when a vendor has requested a rate increase. If rates are increased in a contract, an amendment needs to be processed. The amendment should contain the new rates along with indicating the new percentage of the rate increase. b. Expiration Date Extensions i. If an agreement is needed for a longer period of time, then an amendment needs to be processed. This will include contracts that have options to extend. If the City is going to use the option to extend, an amendment needs to be generated and stated that the City is using the option to extend the agreement. c. Scope of Work Changes i. If the scope of services is being altered or information is being added to the SOW, then an amendment should be processed. Vendors are already obligated to provide the services/materials that are in their executed agreements, they are not obligated to provide more than what is stated in their SOW, this is why an amendment is needed. d. Services/Delivery Schedule Changes i. If a vendor has a set schedule of days and time that are in their contract and they want to make changes to that schedule, then the department needs to agree to that change and process an amendment. e. Typos and Errors i. When there is an error in an agreement it needs to be corrected and an amendment may need to be processed; an error may change the meaning of terms and conditions in a contract. Contact Legal Services for review to determine if the error has a material impact on the agreement or contract.       Packet Pg. 239 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 81 of 99 All completed copies of executed amendments shall be attached to the PO in the Financial System. 6. When purchasing conducts, a bid, purchasing is responsible for drafting the contract. Please provide the Buyer with the Following information: a. Annual Cost for the contract b. Whether or not it is a multiple year contract c. If Council approval is required, please provide the date of the meeting, item number, and annotated page showing approval. Please do not upload contracts to DocuSign that have been processed by the Purchasing Division, that is Purchasing’s responsibility. 7. When using DocuSign, Contract will be uploaded into DocuSign and the contract will go through the internal process for signatures and the vendor’s email is added in order to obtain their electronic signature.       Packet Pg. 240 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 82 of 99 City Approved Agreements Template Title Purposes Insurance Requirements Bonds Contract Amendment To amend Terms and Conditions in an executed agreement Insurance requirements are based on original Agreement N/A Contract Extensions To extend the terms and conditions of an agreement Insurance requirements are based on original Agreement N/A Design Build Agreement For single projects with turnkey design and construction Commercial General Liability (CGL) Contract Price Amt of Liability Ins (occ.) $0 - $2mil $2 mil $2mil - $5mil $3 mil $5mil - $10mil $5 mil $10mil - $20 mil $10 mil Automobile $5 mil per accident Workers Comp. $1 mil Professional Liability $2 mil Performance Bond Payment Bond Design Services Agreement For Professional Design Services Only CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Employers Liability $1 mil per occ Professional Liability $2 mil per claim/Aggregate Performance Bond Payment Bond Encroachment Agreement To document City’s authorization of the Permittee’s encroachment onto City’s Property Insurance Requirements is dependent on Scope of Work contained in the agreement and Permit shall not take effect or become binding on City until Permittee has complied with the insurance requirements. N/A Goods Purchase Agreement Is to purchase all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services. Delivery Date(s) upon which the goods are to be delivered to the City, ready for approval, testing and/or use. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Comp $1 mil per occ Professional Liability $2 mil per claim/Aggregate N/A Lease Agreement – City as Lessee For City the pay Lessor rent for a property for a premises, for an extended period of time Insurance requirements are based on the intended use of the rental property N/A Lease Agreement – City as Lessor For city to rent out city owned property to a Lessee for an extended period of time. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Comp $1 mil per occ N/A License Agreement City owned real property in which a Licensee desires to obtain CITY’S permission to enter onto the Property for a specified period of time. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Comp $1 mil per occ N/A Long Form Construction Specifications Complex/High Risk/High Value Construction Projects CGL $5mil per occ/$10 mil aggregate Automobile $5 mil per occ Workers Comp $1 mil per occ Professional Liability $2 mil per claim/Aggregate Performance Bond Payment Bond       Packet Pg. 241 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 83 of 99 Template Title Purposes Insurance Requirements Bonds Builder’s Risk Contractor’s Pollution Liability $1 mil per occ/ $2 mil aggregate Maintenance Services Agreement 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 system, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. CGL: $2 mil per occ/$4 mill aggregate. Limits may be increased if work involved Construction $5mil per occ/$10 mil aggregate. Automobile $1 mil per occ Workers Comp $1 mil per occ Professional Liability $2 mil per claim/Aggregate Builder’s Risk Contractor’s Pollution Liability $1 mil per occ/ $2 mil aggregate Performance Bond Payment Bond Nuisance Abatement Services Agreement Nuisance abatement is a legal procedure for correcting a situation that is considered a nuisance. Nuisances can take the form of health and safety threats in addition to circumstances that impact quality of life. Thus, issues like poor sanitation, abandoned property, havens for criminal activity, and loud music are all nuisances and can be subjected to nuisance abatement. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Comp $1 mil per occ Performance Bond Payment Bond On-Call Professional Services Agreement For Professional Services for Specialized Services such as Financial, Economic, Accounting, Legal Engineering or Administrative Services CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Employers Liability $1 mil per occ Professional Liability $2 mil per claim/Aggregate N/A Professional Services Agreement A professional services agreement is essentially a form that collects all the relevant information in a professional endeavor between two parties. Its purpose is to aid in preparing a functional contract for said services between the parties. It is typically divided into two sections – the agreement, and the exhibit. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Employers Liability $1 mil per occ Professional Liability $2 mil per claim/Aggregate N/A Professional Software Services Agreement A professional services agreement is essentially a form that collects all the relevant information in a professional software services endeavor between CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Employers Liability $1 mil per occ N/A       Packet Pg. 242 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 84 of 99 Template Title Purposes Insurance Requirements Bonds two parties. Its purpose is to aid in preparing a functional contract for said services between the parties. It is typically divided into two sections – the agreement, and the exhibit. Professional Liability $2 mil per claim/Aggregate Cyber Liability $1 mil per claim/Aggregate Professional Services Agreement Caltrans – FHWA A professional services agreement is essentially a form that collects all the relevant information in a professional endeavor between two parties. Its purpose is to aid in preparing a functional contract for said services between the parties. It is typically divided into two sections – the agreement, and the exhibit. Agreement is full funded by Caltrans on behalf of FHWA CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Employers Liability $1 mil per occ Professional Liability $2 mil per claim/Aggregate N/A Real Estate Purchase Agreement Transactional agreement between a Buyer and Seller of Real Estate Property Buyer maintains and will continue to maintain adequate public liability insurance coverage throughout the term of this Agreement. Buyer’s indemnity obligations as set forth herein will survive termination of this Agreement. N/A Real Estate Sale Agreement Transactional agreement between a Buyer and Seller of Real Estate Property At Close of Escrow (as defined below), Seller will convey good and marketable title to the Property to Buyer as evidenced by an ALTA Non-Extended Form Owners Policy of Title Insurance (“Title Policy”), issued by the Title Company in an amount equal to the Purchase Price, and with endorsements requested and paid for by Buyer, and subject only to the Permitted Exceptions. Seller will assign to Buyer all insurance proceeds and the Purchase Price will be reduced by the amount of any deductible. N/A Reimbursement & Indemnification Agreement Reimbursement: to Reduce or avoid tax. The benefit under a reimbursement agreement can be the payment of money, the transfer to property or an estate, interest, right or power in or over property or the provision of services. An Indemnity Agreement allows the injured party to claim compensation or reimbursement for the losses that are suffered from the party that is liable to make up for these damages N/A N/A       Packet Pg. 243 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 85 of 99 Template Title Purposes Insurance Requirements Bonds Reverse License Agreement the License Agreement to be entered into by Buyer and Seller at the Closing in the form attached hereto as Exhibit B. CITY, shall be lawfully self-insured with minimum coverage limits as required by LICENSOR as described in Exhibit “C”. Prior to (i) entering the Licensed Property or (ii) performing any work or maintenance on the Facility, CITY shall furnish LICENSOR with the insurance endorsements and certificates in the form and amounts specified in Exhibit “C”, evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder. LICENSOR shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by CITY under this Agreement. N/A Reverse Right of Entry Agreement GRANTOR hereby grants to GRANTEE and its agents, employees and contractors the temporary non- exclusive right to enter onto the Property for the Project; provided, however, that GRANTEE’s use of the Property permitted hereunder shall not interfere with the reasonable use and enjoyment thereof by GRANTOR or any tenants, occupants or persons claiming through or under GRANTOR; and provided further that all persons who enter upon the Property pursuant to this Right of Entry do so at their own risk and shall comply with any and all instructions and directions of GRANTOR. N/A Bond Right of Entry Agreement Employees and contractors the temporary non-exclusive right to enter onto Property solely for a project. provided, however, that GRANTEE’s use of the Property permitted hereunder shall not interfere with the reasonable use and enjoyment thereof by GRANTOR or any tenants, occupants or persons claiming through or under GRANTOR; and provided further that all persons who enter upon the Property pursuant to this Right of Entry do so at their own risk and shall comply with any and all instructions and directions of GRANTOR. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Compensation $1 mil per occ N/A Short Form Construction Contract A short form agreement is legal document that is used to procure small renovation or construction services from a contractor or construction CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Compensation $1 mil per occ Builders’/All Risk N/A       Packet Pg. 244 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 86 of 99 Template Title Purposes Insurance Requirements Bonds company. The contract states who the parties are, what work is to be completed, and by what date the project should be done. Professional Liability Ins. $2 mill per occ. Short Form Services Agreement It is intended for use in business-to- business transactions and is not suitable for use in consumer transactions. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Compensation $1 mil per occ Builders’/All Risk Professional Liability Ins. $2 mill per occ. N/A Vendor Services Agreement A vendor service agreement is used whenever a business owner or an individual hires a person or company to provide services or products. Vendor agreements are used in all sorts of industries, including professional services, technology, marketing, event planning, and much more. A quality vendor service agreement clearly states the product or service the vendor will provide and the expectations of the deal from the beginning. It also lowers the risk of dispute or confusion for everyone involved. A vendor service agreement should be used for all types of events, including farmer's markets, festivals, or fairs, to ensure everyone benefits from the experience. In a vendor agreement, the conditions and expectations of the service or product are clearly laid out. CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ Workers Compensation $1 mil per occ Builders’/All Risk Professional Liability Ins. $2 mill per occ.       Packet Pg. 245 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 87 of 99 Non-City Approved Agreements Type of Agreement Definitions Cooperative Agreements These are agreements between a government entity and a business, created in order to lower the cost of procuring goods and services that multiple entities commonly need. 1. Cal Procure: State Leveraged Procurement Agreements 2. OMNIA Partners 3. Sourcewell 4. NASPO 5. BuyBoard Purchasing Cooperative Piggybacking When you use an existing contract to acquire the same commodities or services at the same or lower price from another public entity contract. Subject Matter Comparisons: The product or service acquired through piggybacking must be comparable to what your original acquisition needs, function, and goals are. Single Source A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. A department must demonstrate in detailed writing, to the Purchasing Agent that the purchase can only be obtained from a single source. Note: This is a LEGAL requirement, not just an ordinance. This is to protect against any discrimination for ALL bidders, contractors. We are ran by the public for the public. Sole Source Is used only when there is only one qualified company that has developed a patent or copyright product or services; when the product or service is required immediately due to a pressing emergency; or it is not in the public’s interest to hold a competition. Please contact purchasing to use the Single/Sole Source Justification Form when requesting to utilize a Single/Sole Source Procurement. See example below       Packet Pg. 246 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 88 of 99 City of San Bernardino Finance Department, Purchasing Division JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST ITEM Description ________________________________ DATE__________ Select Source: ____Sole Source: Item is manufactured and/or only distributed by one vendor. ____Single Source: Item is available from several vendors, but item is the only one that will work Please answer all questions in detail, in order to prevent delays in the evaluation. Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attach all pages to this document. 1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below 2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below 3. What are the consequences of not purchasing the goods/service or contracting with the proposed supplier? 4. What market research was conducted to substantiate the single source, including evaluation of other items considered? a. (Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.) 5. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison and include cost analyses as applicable. (I.e., Compared to vendor’s previous or current offer to the city or to another agency/company – or any other method of comparison that will substantiate fair and reasonable pricing in the absence of competition)       Packet Pg. 247 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 89 of 99 6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. Signature Block Below ____________________ ___________ Department Head Date ____________________ _____________ Approved Not Approved Date (Up to $100,000) Purchasing Manager SSJ Justification: _______________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Over $100,000 – must be submitted for City Council Approval with the Purchasing Manager in concurrence.       Packet Pg. 248 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 90 of 99 Please contact the City Clerk’s office if you have questions regarding the DocuSign Process for Agreement Signatures: City Clerk requires: That only Finalized Agreement be uploaded to DocuSign. Before uploading an agreement to DocuSign, please forward the following Documents to your designated Buyer for review via email: 1. Drafted Agreement 2. Quote(s) 3. COI with waivers of Subrogation and Endorsements 4. W9 with wet signature and current date 5. City Business License       Packet Pg. 249 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 91 of 99 How to Calculate Cost Avoidances and Cost Savings for Procurement Projects Cost Savings vs. Cost Avoidance - Cost-savings measures any actions that lower current spending, investment, or debt levels. They result in a tangible financial benefit for the organization. The amount of money saved as a result of these measures should always be reflected in the financial statements and next year’s budget. Actual cost savings should be visible in the financial statements compared to prior period; planned cost savings should be reflected in the budget. Examples of cost saving measures are: o Reduction of overtime hours o Elimination of temporary labor employees o Negotiation of price decreases for products and services o Negotiation of a lower rental fee for facilities and equipment - Cost avoidance measures are any actions that avoid having to incur costs in the future. They represent potential increases in costs that are averted through specific preemptive actions. These measures will never be reflected in the budget or the financial statements. Some examples of cost avoidance measures are: o A reduction of a proposed price increase from a vendor o The elimination of the need for additional headcount through process improvements, or a change in maintenance schedules for critical equipment to avoid work stoppages.       Packet Pg. 250 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 92 of 99 How to Calculate a Cost Avoidance Example Average Cost of Bids Submitted $ 1,000,000.00 Winning Bid $ 350,000.00 Average Cost of Bids - Subtracted from winning bid = Cost Avoidance $ 650,000.00 Divide Cost Avoidance/ Average cost of bids = Percentage of savings/avoidance for project 65% How to Calculate a Basic Cost Savings Example Cost used in previous project/services $ 55,000.00 Cost of new winning bid $ 46,000.00 Subtract previous cost from - new bid cost = New cost savings $ 9,000.00 Divide Cost Savings/ previous project cost = Percentage of new cost savings 16%       Packet Pg. 251 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 93 of 99 Certificate of Insurance (COI): All vendors are required to provide a COI for the services, materials and equipment that they are providing to the city. Insurance limits vary dependent upon the type of work and services that are being provided. The Current Insurance Limits for 2023 are the following: Professional Services Agreements, Lessee Agreements & Vendor Agreements • General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate. • Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate. • Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage. • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees. Environmental Contractors and/or Consultants Agreements • Commercial General Liability (CGL). No less than $2,000,000 per occ./$4,000,000 aggregate • Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage. • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees. Construction Services Agreements • Commercial General Liability (CGL). No less than $5,000,000 per occ./ $10,000,000 aggregate. o The higher limit is appropriate for general contractors on any new construction or major remodel projects. Subcontractors in areas of higher risk, such as electric, roofing, or plumbing work, should have limits above the standard minimum of $2 million. • Automobile Liability. No less than $5,000,000 per accident for bodily injury and property damage.       Packet Pg. 252 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 94 of 99 • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees. • Builder’s Risk. (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. • Professional Liability. No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate. • Contractors’ Pollution Legal Liability. And/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Aviation and Cyber Liability Insurance (May be required): o Unmanned Aerial Systems (UAS) – aka “Drones”, has determined that drones are “currently the most dynamic growth sector in Aviation. o Amount of Insurance Needed:  Typically, liability limits may be purchased on a combined single limit basis at $500,000, $1,000,000 and $2,000,000 and higher depending on insurance company and/or requirement. • Design/Build Contracts (Professional Liability). For contracts with construction risk, there is added coverage requirements for professional liability. It is necessary for “design/build” contracts where the contractor is expected to provide engineering and architectural services. Please note that Bonds may be required such as: Surety Bonds, Bid Bonds, Performance Bonds, Payment Bonds, Subdivision or Completion Bonds. Please review the contract template and/or contact the City Attorney to verify if there is a requirement for Bonds. Professional Software Services Agreements and may be required for other types of agreements. • General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate. • Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate. • Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage. • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.       Packet Pg. 253 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 95 of 99 • Cyber Liability with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate o Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor/Contractor/Operator in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction electronic information, release of private information, alteration of electronic information, extortion and network security.  This policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit expenses with limit sufficient to respond to these obligations.       Packet Pg. 254 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 96 of 99       Packet Pg. 255 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 97 of 99       Packet Pg. 256 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 98 of 99       Packet Pg. 257 City of San Bernardino | Purchasing Manual Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 99 of 99       Packet Pg. 258 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles McNeely, Interim 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 April 2023. 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 Apri l 27, 2023 $2,864,761.21 Total Payroll Demands: $2,864,761.21 The following check registers are being presented for approval: April 19, 2023 2022/23 (Regi ster #49)$1,753,954.61 April 24, 2023 2022/23 (Regi ster #50)$37,500.00 April 27, 2023 2022/23 (Regi ster #51)$1,462,796.63 Total commercial check demands:$3,254,248.24 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: March 22 to March 28, 2023 2022/23 (Regi ster #1451-1454)$672,413.44 Total commercial EFT demands:$672,413.44       Packet Pg. 259 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 April 2023. Attachments Attachment 1 Payroll Summary Report for April 2023 Attachment 2 Commercial checks & Payroll Register #49 Attachment 3 Commercial checks & Payroll Register #50 Attachment 4 Commercial checks & Payroll Register #51 Attachment 5 Commercial EFT Registers #1451-1454 Ward: All Wards Synopsis of Previous Council Actions: n/a       Packet Pg. 260       Packet Pg. 261       Packet Pg. 262       Packet Pg. 263       Packet Pg. 264       Packet Pg. 265       Packet Pg. 266       Packet Pg. 267       Packet Pg. 268       Packet Pg. 269       Packet Pg. 270       Packet Pg. 271       Packet Pg. 272       Packet Pg. 273       Packet Pg. 274       Packet Pg. 275       Packet Pg. 276       Packet Pg. 277       Packet Pg. 278       Packet Pg. 279       Packet Pg. 280       Packet Pg. 281       Packet Pg. 282       Packet Pg. 283       Packet Pg. 284       Packet Pg. 285       Packet Pg. 286       Packet Pg. 287       Packet Pg. 288       Packet Pg. 289       Packet Pg. 290       Packet Pg. 291       Packet Pg. 292       Packet Pg. 293       Packet Pg. 294       Packet Pg. 295       Packet Pg. 296       Packet Pg. 297       Packet Pg. 298       Packet Pg. 299       Packet Pg. 300       Packet Pg. 301       Packet Pg. 302 1 3 6 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager By: Suzie Soren, Director of Human Resources Department:Human Resources Subject:Adoption of Resolution No. 2023-070 Appointing an Interim Agency Director of Community, Housing, and Economic Development (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-070 appointing Mary E. Lanier as Agency Director of Community, Housing, and Economic Development on an interim basis 2. Approve a Retired Annuitant Employment Agreement. Background On April 26, 2023, Assistant City Manager Edelia Eveland accepted the resignation of Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development for the City of San Bernardino. The City Manager reached out to Ms. Lanier due to her high level of knowledge, skills, and abilities to perform the job duties until the recruitment for the Agency Director of Community, Housing, and Economic Development concludes, and a regular appointment is made. Prior to her retirement, Ms. Lanier held the position of Community Development Director for the City of Murrieta. Ms. Lanier has over 27 years of public and private sector experience in urban planning, environmental document preparation, local government operations, property entitlements, housing, grants, relocation plans, and real estate acquisitions. Ms. Lanier Lanier’s employment terms will comply with all applicable statutes and regulations regarding hiring a retired annuitant. As such, the interim City Manager is recommending approval of the attached resolution. Discussion To ensure the continuity of operations in the Community, Housing, and Economic Development Department while the recruitment for an Agency Director is underway, it is recommended that the City retains the services of Ms. Mary E. Lanier, a California       Packet Pg. 303 1 3 6 5 Public Employees Retirement System (CalPERS) retiree, to serve as Agency Director on an interim basis. State and federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit. CalPERS refers to these restrictions as retired annuitant rules and provides for two types of retired annuitant employment, “extra help” and interim (or acting) “vacant position” employment options. Ms. Lanier’s appointment is eligible for the “vacant position” employment option under the CalPERS retired annuitant rules, which provides for an appointment to an interim position by the governing body as authorized by Government Code section 21221(h). The Mayor and City Council must make the appointment and approve the employment agreement by resolution. In addition, an appointment under Section 21221(h) requires the City to be actively pursuing a permanent replacement. The City is presently in the process of selecting a recruitment firm to assist with the recruitment of a permanent Agency Director of Community, Housing, and Economic Development. The City will continue to abide by Section 21221(h) and will take further steps to actively recruit a permanent Agency Director of Community, Housing, and Economic Development. The interim appointment will end when the regular replacement for the vacant position commences their employment or, if earlier, the date that the City or the selected candidate terminates this appointment. In accordance with applicable law, the proposed contract limits the number of hours which may be worked in any fiscal year to 960 hours. Further, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate. For the position of Interim Agency Director of Community, Housing, and Economic Development, that rate is $103.56 (i.e., $17,951.49, which is both the top step for the Agency Director of Community, Housing, and Economic Development position on the approved salary schedule, divided by 173.333). Lastly, in accordance with the applicable law, the employment agreement does not provide for any other benefit, incentive compensation in lieu of benefits, or any other form of compensation in addition to this hourly pay. 2021-2025 Strategic Targets and Goals Approving an employment agreement with an Interim Agency Director of Community, Housing, and Economic Development aligns with Strategic Target and Goal 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact Sufficient funding is included in the FY 2022/23 Operating Budget to support this agreement.       Packet Pg. 304 1 3 6 5 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-070 appointing Mary E. Lanier as Agency Director of Community, Housing, and Economic Development on an interim basis 2. Approve a Retired Annuitant Employment Agreement. Attachments Attachment 1 Resolution 2023-070 Attachment 2 Exhibit A – Retired Annuitant Employment Agreement Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Pg. 305 RESOLUTION NO. 2023-070 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPOINTING MARY E. LANIER AS INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT AND APPROVING EMPLOYMENT AGREEMENT WHEREAS, Government Code Section 21221(h) permits the Mayor and City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the position of Agency Director of Community, Housing, and Economic Development became vacant on May 24, 2023, WHEREAS, in order to ensure the continuity in the operation and management of the Community, Housing, and Economic Development Department, the Mayor and City Council desire to retain the services of Mary E. Lanier, a retired member of CalPERS, to serve as Interim Agency Director of Community, Housing, and Economic Development, effective May 30, 2023; and WHEREAS, Mary E. Lanier has over 27 years of experience in Community, Housing, and Economic Development; and WHEREAS, pending the recruitment, selection and employment of an Agency Director of Community, Housing, and Economic Development, the City desires to appoint Mary E. Lanier as Interim Agency Director of Community, Housing, and Economic Development, pursuant to the authority provided under Government Code Section 21221(h), to provide the leadership, managerial and organization skills necessary to manage the Community, Housing, and Economic Development effectively and efficiently; and WHEREAS, it is understood by Mary E. Lanier and the City that the combined total hours to be served in any fiscal year for all CalPERS employers shall not exceed the 960 hour limitation set forth in California Government Code Section 21221(h); and WHEREAS, the Mayor and City Council has reviewed a proposed employment agreement by and between Mary E. Lanier and the City of San Bernardino 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. 306 Resolution No. 2023-070 2 7 3 1 SECTION 2. As required by Government Code Section 21221(h), the Mayor and City Council make the following findings: (A) All facts set forth in the Recitals to this Resolution are true and correct (B) Mary E. Lanier has the specialized skills needed to perform the work required of the Interim Agency Director of Community, Housing, and Economic Development until a permanent Agency Director of Community, Housing, and Economic Development is appointed and thereafter begins his or her service. (C) It is in the best interests of the City of San Bernardino to enter into an employment agreement with and to appoint Mary E. Lanier as Interim Agency Director of Community, Housing, and Economic Development for the City of San Bernardino pursuant to the authority provided under Government Code Section 21221(h). SECTION 3. Mary E. Lanier is hereby appointed as Interim Agency Director of Community, Housing, and Economic Development of the City of San Bernardino in accordance with Government Code Section 21221(h) and with the provisions of the employment agreement on file with the City Clerk. SECTION 4. The employment agreement with Mary E. Lanier, a copy of which is a copy which is incorporated herein as Exhibit “A”, is hereby approved by the Mayor and City Council of the City of San Bernardino, and effective May 30, 2023. The City Manager is authorized to execute said agreement on behalf of the City of San Bernardino, with such non- substantive, technical amendments as may be deemed appropriate by the City Attorney. SECTION 5.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 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:       Packet Pg. 307 Resolution No. 2023-070 2 7 3 1 Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 308 Resolution No. 2023-070 2 7 3 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-070, 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 _____ _____ _______ _______ MAYOR : AYES NAYS ABSTAIN ABSENT TRAN _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 309 55600.00202\34179169.1 -1- AGREEMENT FOR INTERIM AGENCY DIRECTOR OF COMMUNITY, HOUSING, AND ECONOMIC DEVELOPMENT THIS AGREEMENT (“Agreement”), is made and entered into this ____ day of May, 2023 by and between the City of San Bernardino (“CITY”) and Mary E. Lanier (“RETIREE”) (collectively, the “Parties”). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows: RECITALS This Agreement is made and entered into with respect to the following facts: A. CITY seeks to engage RETIREE on an interim basis in the position of Interim Agency Director of Community, Housing, and Economic Development, in accordance with the terms set forth Agreement; and B. RETIREE desires to accept employment as Interim Agency Director of Community, Housing, and Economic Development on an interim basis in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and C. RETIREE represents that she is a retired annuitant of CalPERS within the meaning of Government Code §§7522.56 and 21221(h) (“Statutes”) and acknowledges that her compensation is statutorily limited as provided in Government Code §21221(h). RETIREE represents that, as of the effective date of this Agreement, she has not worked for another CalPERS state or contracting agency as a retired annuitant during the 2022-2023 fiscal year, and that she therefore acknowledges that she can work up to 960 hours for the CITY, a state agency or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during the 2022-2023 fiscal year. With the execution of this Agreement, RETIREE affirms that she has not received unemployment compensation arising from work pursuant to Government Code Section 7522.56 during the 12-month period preceding the effective date of this Agreement. RETIREE further affirms that her CalPERS retirement date became effective prior to the 180-day period preceding the Commencement Date, as that term is defined in Section 3 of this Agreement; and D. CITY has determined that it is necessary to hire RETIREE, a retired annuitant, because her extensive knowledge and skills relating to operation, management, and supervisory skills relating thereof are necessary for the successful operation of the Community, Housing, and Economic Development Department. NOW, THEREFORE, CITY and RETIREE, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1.APPOINTMENT. In accordance with Resolution No. _________, RETIREE is appointed Interim Agency Director of Community, Housing, and Economic Development of the CITY on an interim basis under the terms of this Agreement. 2.POSITION AND DUTIES. RETIREE has been appointed by the Mayor and City Council as Interim Agency Director of Community, Housing, and Economic Development of the CITY on an interim basis to perform, on a basis set forth in Paragraph 4 below, the duties and functions pertaining to the Interim Agency Director of Community, Housing, and Economic       Packet Pg. 310 55600.00202\34179169.1 -2- Development position, and to perform other legally permissible duties and such functions as the City Manager shall from time-to-time assign. The City Manager shall have the authority to determine the specific duties and functions which RETIREE shall perform under this Agreement and the means and manner by which RETIREE shall perform those duties and functions. RETIREE agrees to devote all of her business time, skill, attention, and best efforts to the discharge of the duties and functions of the Interim Agency Director of Community, Housing, and Economic Development position and any other duties assigned to her by the City Manager. 3.TERM, TERMINATION AND AT-WILL STATUS. This Agreement shall become effective upon the date executed both by RETIREE and the City Manager, which date shall be the date first referenced above. RETIREE shall commence the performance of her duties under this Agreement on May 30, 2023, or at such later date as the parties hereto shall agree in writing (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Agency Director of Community, Housing, and Economic Development; (ii) upon RETIREE working 960 hours combined for any CalPERS Agencies during fiscal year 2022-2023 or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by either RETIREE or CITY as provided below. RETIREE acknowledges that she is an at-will, temporary employee of the CITY who shall serve at the pleasure of the City Manager at all times during the period of her service hereunder and shall be subject to termination by the City Manager at any time without advance notice and without cause. The terms of CITY’s personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City administrative personnel (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to RETIREE, and nothing in this Agreement is intended to, or does, confer upon RETIREE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate her employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of RETIREE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of RETIREE to resign at any time from her position with CITY. 4.COMPENSATION. The CITY agrees to provide the following compensation to RETIREE for the services of Interim Agency Director of Community, Housing, and Economic Development: Beginning as of the Commencement Date, CITY agrees to pay to RETIREE for services rendered under this Agreement, $103.56 per hour consistent with the payrate established for the Agency Director of Community, Housing, and Economic Development position as listed in the CITY’s publicly available pay schedule. The RETIREE shall not be entitled to any additional compensation. The City shall not pay for vacation or holidays, nor shall RETIREE be entitled to any fringe benefits. 5.SUPPORT SERVICES AND EQUIPMENT. RETIREE shall be provided office space and the equipment needed to perform her duties and sufficient to fulfill obligations under this Agreement, as determined by the City Manager, at no cost to RETIREE. In accordance with Government Code Section 21221(h), personal use of such equipment is not permitted. 6.EXPENSES. CITY shall reimburse RETIREE for authorized, reasonable and necessary travel expenses incurred by RETIREE in the performance of her duties pursuant to this Agreement. RETIREE shall document and claim said reimbursement for such travel in the manner and forms required by the CITY. All reimbursements shall be for actual expenses and shall be       Packet Pg. 311 55600.00202\34179169.1 -3- subject to and in accordance with California and federal law and CITY’s adopted reimbursement policies. Other than as specifically provided herein, RETIREE shall receive no other compensation or reimbursements for expenses incurred by her in performance of this Agreement. 7.PROPRIETARY INFORMATION. “Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of City. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY’S organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During her employment by CITY, RETIREE shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is, or may be, necessary to perform her job responsibilities under this Agreement. Following termination, RETIREE shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. RETIREE’S obligations under this Section shall survive the termination of her employment and the expiration of this Agreement. 8.NON-ASSIGNMENT OF AGREEMENT. This Agreement is intended to secure the individual services of the RETIREE and is not assignable or transferable by RETIREE to any third party. 9.GOVERNING LAW/VENUE. This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in San Bernardino County. 10.ENFORCEABILITY. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 11.CONFLICT OF INTEREST. RETIREE agrees that during the term of this Agreement, she will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated or not, that would in any way conflict with, or impair RETIREE’S ability to perform the duties described in this Agreement. Any work performed for the CITY outside the terms of this Agreement must be approved in advance in writing by the City Manager. RETIREE agrees to disclose whether she is performing work for any other CalPERS public agency employer during the term of this Agreement. 12.NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows: CITY City of San Bernardino 290 North D Street San Bernardino, CA 92401       Packet Pg. 312 55600.00202\34179169.1 -4- Attention: City Manager RETIREE ADDRESS ON FILE 13.HOURS OF WORK. RETIREE shall devote the time necessary to adequately perform her duties as Interim Agency Director of Community, Housing, and Economic Development on an interim basis. The parties anticipate that RETIREE will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours as the City Manager may direct. However, in no event shall RETIREE be required to work in excess of 960 hours in fiscal year 2022-2023 and 960 hours per each subsequent fiscal year for CITY, including hours worked for other CalPERS Agencies during such fiscal years. It is the intent of the parties to compensate RETIREE only to the extent permitted under the Statutes and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS in accordance with Section 21221(h) which provides that the Rate of Pay shall be no less than the minimum or greater than the maximum hourly rate for the Agency Director of Community, Housing, and Economic Development position as listed on the CITY’s publicly available pay schedule. RETIREE will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CalPERS. Additionally, RETIREE shall keep CITY continually apprised of any hours worked by RETIREE for other CalPERS Agencies during the term of this Agreement. 14.WAIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 15.INDEMNIFICATION. In accordance with and subject to the limitations of the California Government Claims Act and California Labor Code, the CITY shall defend, save harmless and indemnify RETIREE against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of RETIREE’s services as Interim Agency Director of Community, Housing, and Economic Development on an interim basis, except that this provision shall not apply with respect to any intentional tort or crime committee by RETIREE, or any actions outside the course and scope of her employment as Interim Agency Director of Community, Housing, and Economic Development on an interim basis. 16.NO PRESUMPTION OF DRAFTER. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.       Packet Pg. 313 55600.00202\34179169.1 -5- 17.ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to the other party that the party has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. 18.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties considering the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties thereto. If any portion or provision hereof is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall be effective and shall remain in full force and effect. CITY OF SAN BERNARDINO By: _______________________________ Date: _______________________________ Charles E. McNeely, City Manager RETIREE By: _______________________________ Date: _______________________________ Mary E. Lanier Approved as to Form: By: _______________________________ Date: _______________________________ City Attorney City of San Bernardino       Packet Pg. 314 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 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:Approve Final Tract Map No. 20494 for the Warmington Residential Project (Ward 6) Recommendation: It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-071 of the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20494 (Subdivision 21- 12) involving the subdivision of one parcel (APN 0143-191-59) containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. Background On July 20, 2022, the Mayor and City Council adopted Resolution 2022-160 certifying General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494), and Development Permit Type-P 21-06 for the Warmington Residential project. The approved project allowed for the subdivision of one (1) parcel containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements; and the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. Discussion       Packet Pg. 315 The proposed project consists of subdividing one parcel containing a total of approximately 9.9 acres into ninety-five (95) detached single-family lots. The proposed detached lots are part of a planned residential development, which was also approved on October 11, 2021, by the Mayor and City Council as Development Permit Type-P 21-06 per the same Resolution No. 2021-160. Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No. 20494 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval. 2021-2025 Strategic Targets and Goals The adoption of a Resolution approving the Final Map for Tract No. 20494 aligns with Key Target No. 1: Improved Operational & Financial Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals. Fiscal Impact There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City. Conclusion It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-071 of the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20494 (Subdivision 21-12) involving the subdivision of one parcel (APN 0143-191-59) containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. Attachments Attachment 1 Resolution No. 2023-071 Attachment 2 Project Bonds Attachment 3 Final Tract Map No. 20494 Attachment 4 Subdivision Improvement Agreement       Packet Pg. 316 Attachment 5 Resolution 2022-160 Ward: Sixth Ward Synopsis of Previous Council Actions: July 20, 2022 The Mayor and City Council adopted Resolution 2022-160 thereby certifying General Plan Amendment 21-06, Development Code Amendment 21-06, Subdivision 21-12 (Tentative Tract Map 20494), and Development Permit Type 21-06 for the Warmington Residential Project.       Packet Pg. 317 Resolution No. 2023-071 Resolution 2023-071 May 17, 2023 Page 1 of 3 2 5 6 6 RESOLUTION NO. 2023-071 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING FINAL MAP FOR TRACT NO. 20494 (SUBDIVISION 21-12) INVOLVING THE SUBDIVISION OF A PROJECT SITE CONTAINING APPROXIMATELY 9.9 ACRES INTO 95 SINGLE-FAMILY RESIDENTIAL LOTS AND NINE (9) LETTERED LOTS FOR COMMON FACILITY IMPROVEMENTS LOCATED ON THE SOUTH SIDE OF W. HIGHLAND AVENUE, APPROXIMATELY 600 FEET WEST OF N. MEDICAL CENTER DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF THE SUBDIVISION IMPROVEMENTS. WHEREAS, on July 20, 2022 the Mayor and City Council of the City of San Bernardino adopted Resolution 2022-160 for approving Subdivision 21-12 and Tentative Tract Map 20494, and WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20494 with conditions of approval, and has analyzed the Final Map for Tract No. 20494 in order to ensure consistency between the approved Tentative Tract Map 20494 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20494 has been found to be in substantial conformance with the approved Tentative Tract Map 20494, and WHEREAS, the Mayor and City Council find that proposed Tract Map 20494, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive within the Residential Low (RL) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino. 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 herby authorize the City Manager to execute the standard form Subdivision Improvement Agreement with Warmington Highland Village Associates, LP. attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.       Packet Pg. 318 Resolution No. 2023-071 Resolution 2023-071 May 17, 2023 Page 2 of 3 2 5 6 6 SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 21-12 (Tentative Tract Map 20494) on July 20, 2022. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 21-12 (Tentative Tract map 20494) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act. SECTION 4.The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements. As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 319 Resolution No. 2023-071 Resolution 2023-071 May 17, 2023 Page 3 of 3 2 5 6 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-071, adopted at a regular meeting held on the 17th day of May, 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 17th day of May, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 320       Packet Pg. 321       Packet Pg. 322       Packet Pg. 323       Packet Pg. 324       Packet Pg. 325       Packet Pg. 326       Packet Pg. 327       Packet Pg. 328       Packet Pg. 329       Packet Pg. 330       Packet Pg. 331       Packet Pg. 332       Packet Pg. 333       Packet Pg. 334       Packet Pg. 335       Packet Pg. 336       Packet Pg. 337       Packet Pg. 338       Packet Pg. 339       Packet Pg. 340       Packet Pg. 341       Packet Pg. 342       Packet Pg. 343       Packet Pg. 344       Packet Pg. 345       Packet Pg. 346       Packet Pg. 347       Packet Pg. 348       Packet Pg. 349       Packet Pg. 350       Packet Pg. 351       Packet Pg. 352       Packet Pg. 353       Packet Pg. 354       Packet Pg. 355       Packet Pg. 356       Packet Pg. 357       Packet Pg. 358       Packet Pg. 359 NO. 9455DAVID W . K R OMM EN H OEKPROFESSIONAL L AND S UR V EYORST ATE OF CA L IF O RNIA      Packet Pg. 360 LOT "F"1 2 3 4 56789101112131415161718192021222324 25 26 27 28 29 30 31 32 35 36 37 38 39 40 41 42 43 44 45 67 66 65 64 63 62 61 60 59 58 57 46 47 48 49 50 51 52 53 54 55 56 80 81 82 83 84 85 91 92 93 94 9590898887867978777675747372717069683334 LOT "H" LOT "I"LOT "C"LOT "E"LOT "A"LOT "B"LOT "G"LOT "G"LOT "D"Δ Δ PARCEL MAP 6031 P.M.B. 55/64-65 TRACT 4975 M.B. 65/83 PARCEL 2 PARCEL 1 N Madison StreetLOT "G"TRACT 4975 M.B. 65/83 TRACT 4975 M.B. 65/83 TRACT 4265 M.B. 55/76-77 SEE SHEET 4SEE SHEET 3TRACT 17113 M.B. 25/27 MT. VERNON ORANGE GROVE & FRUIT CO. LANDS M.B 12/16 LOT "G" N Madison StreetW Washington AvenueN Gardena Street W Roosevelt AvenueLOT "G" N Gardena Street W Trenton StreetPARCEL MAP 19200 P.M.B. 237/46LOT "G"W Lincoln AvenuePBLA1 inch = ft. ( IN FEET ) 100       Packet Pg. 361 DETAIL1 2 3 4 5678910111213141567 66 65 64 63 62 61 60 59 58 57 80 81 82 83 84 85 91 92 93 94 9590898887867978777675 LOT "H" LOT "I"LOT "C"LOT "D"LOT "A"LOT "B"LOT "G"IN BOOK 7 PAGE 2PORTION OF LOT 1 BLOCK 58TRACT 4265 MB 55/76-77PBLA56 55 54 53 52 51 50 49 48 47 4675 16SEE SHEET 41 inch = ft. ( IN FEET ) 40       Packet Pg. 362 15161718192021222324 25 26 27 28 29 30 31 32 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 75747372717069683334LOT "E"LOT "F"5 6 78 9 10 11 13 12 4 14 TRACT 4265 M.B. 65/83 TRACT 4265 M.B.65/83 TRACT 4975 M.B. 65/83 PORTION LOT 8, BLOCK 58 RANCHO SAM BERNARDINO MB 7/2 TRACT 4265 MB 55/76-77 761557 58 59 60 61 62 63 64 65 66 67PBLA1 inch = ft. ( IN FEET ) 40       Packet Pg. 363 1 95 LOT "H" LOT "I" LOT "G"PBLADETAIL 1 inch = ft. ( IN FEET ) 40       Packet Pg. 364       Packet Pg. 365       Packet Pg. 366       Packet Pg. 367       Packet Pg. 368       Packet Pg. 369       Packet Pg. 370       Packet Pg. 371       Packet Pg. 372       Packet Pg. 373       Packet Pg. 374       Packet Pg. 375       Packet Pg. 376       Packet Pg. 377       Packet Pg. 378       Packet Pg. 379       Packet Pg. 380       Packet Pg. 381       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       Packet Pg. 396       Packet Pg. 397       Packet Pg. 398       Packet Pg. 399       Packet Pg. 400       Packet Pg. 401       Packet Pg. 402       Packet Pg. 403 RAW EARTHWORK ESTIMATE: LEGEND:80NOT TO SCALEVICINITY MAPUTILITIES:SHEET INDEX:EASEMENTS:ALLARD ENGINEERING COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIATENTATIVE TRACT NO. 20494IN THE CITY OF SAN BERNARDINOFEBRUARY 2022BASISOF BEARINGS:BENCHMARK: ENGINEER/SURVEYOR:DEVELOPER/OWNER: ASSESSOR'S PARCEL NO.: ZONING:PROJECT AREA: TOPOGRAPHY:FLOOD ZONE:INDEX MAP(909) 356-1815 Civil       Packet Pg. 404 909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By: ea Reynold R. Allard, R.C.E. 79086 Date expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE       Packet Pg. 405 909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By: ea Reynold R. Allard, R.C.E. 79086 Date expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE       Packet Pg. 406 909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By: ea Reynold R. Allard, R.C.E. 79086 Date expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE       Packet Pg. 407       Packet Pg. 408 11244. 87TAR NW21232. 81TARNE51235. 29TARM121234. 23MON 3 4" IP RE 133131227.70MON 1" IP LS2380DN 1.3141227.66MON 1/ 2" IPOPEN1001234.25ANC1011234.08PP NO ID1021237.41FNC1031236.40PP NO ID1041238.69PPVZ 351201051238. 79FNC1061240. 36FNC AP1071240.54PP I14147Y1081239.35BILLBOARD IBEAM1091239. 35BILLBOARDIBEAM 1101238.85BILLBOARD IBEAM1111238. 85BILLBOARDIBEAM1121240. 77FNC AP1131240.86FNC INTX1141240. 84FNCAP1151240. 71FNC1161239. 51FNCEND1171238. 59WALLEF . 5H=81181238. 25WALL EF .5 H= 81191238.25WALL EF .5 H=81201238. 12WALLEF . 5H= 81211238.12WALL EF .5 H=81221237. 25WALLEF . 5H= 81231237.25WALLEF . 5H= 81241237.50WALL EF .5H= 81251237. 50WALLEF .5 H=81261236.87WALL EF .5H=81271236.49WALLEF . 5 H= 81281235. 22WALL EF . 5 H= 81291235. 29WALL EF . 5 H= 81301235. 29WALL EF . 5 H=81311235. 29WALL EF . 5 H= 81321235. 92FNC END1331235. 92FNC END1341235.92ANC1351234. 95PP NO ID 1361234. 65FNC AP1371234. 65WALL NF . 5 H= 51381234. 65FNC WOOD1391234. 65FNC WOOD1401234. 11WALL NF . 5 H= 51411234. 11BLDG1421233. 46BLDG1431233. 46WALL NF . 5 H= 51441232. 50WALL NF AP 5 H= 31451231. 98WALL EF 5 H= 31461231. 83BW1471231. 77TC1481231. 22FL1491231. 28LIP1501231. 42LIP 1511231. 42FL1521231. 87TC1531231. 87PP 1170821E1541231. 95BW1551232. 48FNC1561232.51FNC AP1571231. 70SIGN 1581232. 28SIGN 1591231. 66SIGN1601231. 71SMH1611230. 65LIP 1621230.49FL1631231. 11TC1641231. 24BW1651231. 27FNC1661231. 44FNC INTX1671231. 46BW1681231. 71TC1691231. 21FL1701231. 36LIP 1711231. 80FNC AP1721231. 64FNC1731231. 64FNC1741231. 52FNC INTX1751231. 52FNC WOOD1761231. 52FNC WOOD1771231. 52PP 1170822E1781230. 98ANC1791230. 76FNC1801230. 23FNC INTX 1811229. 59FNC1821229. 10FNC1831228. 79FNC AP1841228. 02FNC AP1851228. 13FNC1861229.77FNC END1871231. 07WALL EF . 5 TOP1881231.02WALL EF 5 TOP1891229.90WALL NF .5 H=51901227. 84WALL NF AP .5 H=51911228. 30WALL WF 5H= 51921228.46GATE1931228. 61GATE1941228. 28WALL WF AP 5 H=51951228. 40WALLINTX WF5       Packet Pg. 409 11244. 87TAR NW21232. 81TAR NE51235. 29TAR M121234.23MON 3/ 4" IP RE 133131227. 70MON 1 IP LS2380 DN 1 3141227.66MON 1/2" IP OPEN1001234.25ANC1011234.08PP NO ID1021237.41FNC1031236.40PPNOID 1041238.69PP VZ 351201051238. 79FNC1061240. 36FNC AP1071240. 54PP I14147Y1081239. 35BILLBOARDIBEAM 1091239.35BILLBOARD IBEAM1101238. 85BILLBOARDIBEAM1111238. 85BILLBOARDIBEAM1121240. 77FNC AP1131240.86FNC INTX 1141240.84FNC AP1151240. 71FNC1161239.51FNC END1171238. 59WALLEF . 5 H=81181238.25WALL EF . 5H= 81191238. 25WALLEF . 5H= 81201238.12WALL EF .5 H=81211238. 12WALLEF . 5H= 81221237.25WALL EF .5 H=81231237. 25WALLEF .5 H=81241237. 50WALL EF .5H= 81251237. 50WALLEF .5 H=81261236.87WALL EF .5H=81271236.49WALLEF . 5 H= 81281235. 22WALL EF . 5 H= 81291235. 29WALL EF . 5 H= 81301235. 29WALL EF . 5 H=81311235. 29WALL EF . 5 H= 81321235. 92FNC END1331235. 92FNC END1341235.92ANC1351234. 95PP NO ID 1361234. 65FNC AP1371234. 65WALL NF . 5 H= 51381234. 65FNC WOOD1391234. 65FNC WOOD1401234. 11WALL NF . 5 H= 51411234. 11BLDG1421233. 46BLDG1431233. 46WALL NF . 5 H= 51441232. 50WALL NF AP . 5 H= 31451231. 98WALL EF . 5 H= 31461231. 83BW1471231. 77TC1481231. 22FL1491231. 28LIP 1501231. 42LIP 1511231. 42FL1521231. 87TC1531231. 87PP 1170821E1541231. 95BW1551232.48FNC1561232. 51FNC AP1571231. 70SIGN 1581232. 28SIGN 1591231. 66SIGN1601231. 71SMH1611230. 65LIP 1621230. 49FL1631231. 11TC1641231. 24BW1651231. 27FNC1661231. 44FNC INTX 1671231. 46BW1681231. 71TC1691231. 21FL1701231. 36LIP1711231. 80FNC AP1721231. 64FNC1731231. 64FNC1741231. 52FNC INTX1751231. 52FNC WOOD1761231. 52FNC WOOD1771231. 52PP 1170822E1781230. 98ANC1791230. 76FNC1801230. 23FNC INTX 1811229. 59FNC1821229. 10FNC1831228. 79FNC AP1841228. 02FNC AP1851228.13FNC1861229. 77FNC END1871231.07WALL EF 5 TOP1881231. 02WALL EF 5 TOP1891229. 90WALLNF .       Packet Pg. 410 17RUPW.H. W.H. 17RUPW. H.17RUP18'- 0"DRIVEWAY 4'-0" 4'-0" 85'- 0"17'- 0"REAR YARD 4'- 0"4'-0" 4'-0"       Packet Pg. 411 T.O.PLATEFFFF9'-1" 9'-1" 24'-9"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 7"FINISH       Packet Pg. 412 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 413 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 414 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 415 T.O.PLATEFFFF9'-1" 9'-1" 24'-9"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 7"FINISH       Packet Pg. 416 W.H. 17RUP51'-0" 25'-0"18'-0"4'-5"20'-7" 37'- 6 1/ 2" 9'-0 1/2" A/CENTRYGARAGE20'- 0" x19'-11"LIVING10'-2" x 15'-0"DINING14'-       Packet Pg. 417 RIDGE RIDGERIDGESANTA BARBARA ' A' PITCH: 4: 12 UNOEAVE: 12" UNORAKE:       Packet Pg. 418 T.O.PLATEFFFF9'-1" 9'-1" 27'-6"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 8"FINISH       Packet Pg. 419 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 420 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 421 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 422 T.O.PLATEFFFF9'-1" 9'-1" 27'-6"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 8"FINISH       Packet Pg. 423 W.H. 17RUP51'-6" ENTRYGARAGE20'-6" x 19'- 11" LIVING13'-2" x 14'- 10"DINING11'- 10" x14'-10"       Packet Pg. 424 SANTABARBARA ' A' PITCH: 4: 12       Packet Pg. 425 T.O.PLATEFFFF9'-1" 9'-1" 27'- 10"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 10"FINISH       Packet Pg. 426 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 427 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 428 T.O.PLATEFFFF9'-1" 9'-1"       Packet Pg. 429 T.O.PLATEFFFF9'-1" 9'-1" 27'-10"FINISH GRADET. O.PLATEFFFF9'- 1"9'-1"25'- 10"FINISH       Packet Pg. 430 GROSS SF1ST FLOOR859 SQ. FT. 2ND FLOOR1260SQ. FT. TOTAL LIVING2119 SQ. FT.GARAGE489SQ. FT. 17RUPW.H.ENTRYGARAGE21'-      Packet Pg. 431 SANTA BARBARA ' A'PITCH: 4: 12 UNOEAVE: 12" UNORAKE:       Packet Pg. 432 2022 / 02 / 04 COLORBOARDCOLORSCHEMESINDICATETYPICALCOLORANDMATERIALAPPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.10 SANTA BARBARA SW 6988 BOHEMIANBLACKSW6988BOHEMIANBLACKSW6988BOHEMIANBLACK ALLMETALSALLMETALSALLMETALS COLOR SCHEME 1 SANTA BARBARA SW7030 ANEW GRAY SW6202 CAST IRON SW6202 CAST IRON THERMA-TRU SMOOTH STAR S205 SW7505 MANOR HOUSE EAGLE ROOFING - CAPISTRANO 3636 PIEDMONT BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW7505 MANOR HOUSE FASCIA COLOR SCHEME 2 SANTA BARBARA SW6154 NACRE SW7705 WHEAT PENNY SW7705 WHEAT PENNY THERMA-TRU SMOOTH STAR S205 SW6152 SUPERIOR BRONZE EAGLE ROOFING - CAPISTRANO 3723 ADOBE BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW6152 SUPERIOR BRONZE FASCIA SW6141 SOFTER TAN SW6223 STILL WATER SW6223 STILL WATER THERMA-TRU SMOOTH STAR S205 SW7520 PLANTATION BROWN EAGLE ROOFING - CAPISTRANO 3646 SUNSET BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW7520 PLANTATION BROWN TRIMS|FASCIA COLOR SCHEME 3 SANTA BARBARA       Packet Pg. 433 2022 / 02 / 04 COLORBOARDCOLORSCHEMESINDICATETYPICALCOLORANDMATERIALAPPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.20 COTTAGE COLOR SCHEME 4 COTTAGE SW9162 AFRICAN GRAY SW6103 TEA CHEST SW6103 TEA CHEST THERMA-TRU SMOOTH STAR S600 SW7009 PEARLY WHITE GAF - TIMBERLINE HDZ, FOX HOLLOW GRAY STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7009 PEARLY WHITE TRIMS|FASCIA COLOR SCHEME 5 COTTAGE SW7067 CITYSCAPE SW7069 IRON ORE SW7069 IRON ORE THERMA-TRU SMOOTH STAR S600 SW7069 IRON ORE GAF - TIMBERLINE HDZ, SLATE STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7014 EIDER WHITE TRIMS|FASCIA SW7008 ALABASTER SW7048 URBANE BRONZE SW6384 CUT THE MUSTARD THERMA-TRU SMOOTH STAR S600 SW7048 URBANE BRONZE GAF - TIMBERLINE HDZ, WEATHERED WOOD STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7008 ALABASTER TRIMS|FASCIA COLOR SCHEME 6 COTTAGE SW 6988 BOHEMIANBLACKSW6988BOHEMIANBLACKSW6988BOHEMIANBLACK ALLMETALSALLMETALSALLMETALS       Packet Pg. 434 2022 / 02 / 04 COLORBOARDCOLORSCHEMESINDICATETYPICALCOLORANDMATERIALAPPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.30 MONTEREY COLOR SCHEME 7 MONTEREY SW7011 NATURAL CHOICE SW7675 SEALSKIN SW7675 SEALSKIN THERMA-TRU SMOOTH STAR S93 SW9172 STUDIO CLAY GAF - TIMBERLINE HDZ, BARKWOOD STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW9172 STUDIO CLAY TRIMS|FASCIA COLOR SCHEME 8 MONTEREY SW7548 PORTICO SW7749 LAUREL WOODS SW7749 LAUREL WOODS THERMA-TRU SMOOTH STAR S93 SW9183 DARK CLOVE GAF - TIMBERLINE HDZ, MISSION BROWN STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW9183 DARK CLOVE TRIMS|FASCIA SW9173 SHIITAKE SW7674 PEPPERCORN SW7674 PEPPERCORN THERMA-TRU SMOOTH STAR S93 SW7039 VIRTUAL TAUPE GAF - TIMBERLINE HDZ, MISSION BROWN STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7039 VIRTUAL TAUPE TRIMS|FASCIA COLOR SCHEME 9 MONTEREY SW 6988 BOHEMIANBLACKSW6988BOHEMIANBLACKSW6988BOHEMIANBLACK ALLMETALSALLMETALSALLMETALS       Packet Pg. 435 HIGHLAND AVENUE STREET "X" STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET " X"STREET "X"STREET "X"STREET " X"STREET "X"STREET "X" GARDENAST.MADISONST.MILE 0.1MILE 0.2MILE 0.3 MILE0.4MILE 0.0STARTPERIMETERPATHENDPERIMETERPATHMILE0.4MILE 0. 0START PERIMETERPATHEND PERIMETERPATH MILE 0.3MILE0.2MILE 0.1APN 0143-282-03APN0143-231-16APN0143- 282-03APN 0143-281- 01APN 0143- 284-16APN 0269-081- 070143-284- 02N.A. P.APN 0143-191- 47APN 0143- 191-33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/ GB1234.30FS/ LP1228.2+ 2 1 + 0 3 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN1PLAN1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN3PLAN3PLAN 3PLAN3PLAN2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN2PLAN2PLAN 2PLAN3PLAN3 PLAN 3 PLAN 3 PLAN 3 PLAN2PLAN1PLAN3PLAN 2PLAN2PLAN2PLAN1PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN1PLAN3PLAN 3PLAN3PLAN2PLAN 2 PLAN 2PLAN1PLAN1PLAN2 PLAN 2 PLAN2PLAN 2PLAN1PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN1PLAN1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN3PLAN3PLAN 3PLAN3PLAN2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN2PLAN2PLAN 2PLAN3PLAN3 PLAN 3 PLAN 3 PLAN 3 PLAN2PLAN1PLAN3PLAN 2PLAN2PLAN2PLAN1PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN1PLAN3PLAN 3PLAN3PLAN2PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 TREES BOTANICAL / COMMON NAME SIZE WUCOLS QTY CUPANIOPSIS ANACARDIOIDES CARROTWOOD 24"BOX M 10 HYMENOSPORUM FLAVUM SWEETSHADE 24" BOX M 2 LAGERSTROEMIA X `TUSCARORA`TUSCARORA CRAPE MYRTLE 36"BOX M 14 PISTACIA CHINENSIS ' KEITH DAVEY' KEITH DAVEY CHINESE PISTACHE 24" BOX M 16 PLATANUS RACEMOSA CALIFORNIA SYCAMORE 24"BOX M 6 QUERCUS ILEX HOLLY OAK 24"BOX L 4 FRONT YARD TREE, SEE TYPICAL FRONT YARD ENLARGMENT 24" BOX VARIES 95 TREE_SCHEDULE SHRUBS BOTANICAL / COMMON NAME SIZE WUCOLS AGAVE ATTENUATA FOXTAIL AGAVE 5 GAL L BIGNONIA CAPREOLATA ' TANGERINE BEAUTY' TANGERINE BEAUTY CROSS VINE 5 GAL M BOUGAINVILLEA X ' ROSENKA'ROSENKA BOUGAINVILLEA 5 GAL L BOUTELOUA GRACILIS ' BLONDE AMBITION'BLONDE AMBITION BLUE GRAMA 5 GAL L CALLISTEMON VIMINALIS `LITTLE JOHN`DWARF WEEPING BOTTLEBRUSH 5 GAL L DIANELLA TASMANICA `VARIEGATA`FLAX LILY 1 GAL M DIETES BICOLOR FORTNIGHT LILY 5 GAL M HELIANTHEMUM NUMMULARIUM 'WISLEY PRIMROSE'WISLEY PRIMROSE SUNROSE 5 GAL L HESPERALOE PARVIFLORA RED YUCCA 5 GAL L JUNIPERUS HORIZONTALIS `BAR HARBOR`BAR HARBOR CREEPING JUNIPER 1 GAL M KALANCHOE THYRSIFLORA PADDLE PLANT 5 GAL L LANTANA MONTEVIDENSIS ` PURPLE`PURPLE TRAILING LANTANA 1 GAL L LEUCOPHYLLUM LAEVIGATUM CHIHUAHUAN SAGE 5 GAL L LEYMUS CONDENSATUS 'CANYON PRINCE'CANYON PRINCE GIANT WILD RYE 5 GAL L LOMANDRA LONGIFOLIA `BREEZE` DWARF MAT RUSH 5 GAL M OPUNTIA CACANAPA 'ELLISIANA'SPINELESS PRICKLY PEAR 5 GAL VL PENSTEMON SPECTABILIS SHOWY PENSTEMON 5 GAL L PHORMIUM TENAX ' JACK SPRATT'NEW ZEALAND FLAX 5 GAL M RHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY 15 GAL L ROSA X ` NOASCHNEE`FLOWER CARPET WHITE GROUNDCOVER ROSE 5 GAL M ROSMARINUS OFFICINALIS `PROSTRATUS` DWARF ROSEMARY 1 GAL L ROSMARINUS OFFICINALIS `TUSCAN BLUE`TUSCAN BLUE ROSEMARY 5 GAL L SALVIA GREGGII AUTUMN SAGE 5 GAL L STRELITZIA JUNCEA NARROW-LEAFED BIRD OF PARADISE 5 GAL L WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GAL L GROUND COVERS BOTANICAL / COMMON NAME SIZE WUCOLS FESTUCA X 'SUPERIOR PLUS'SUPERIOR FESCUE FLAT H SHRUB SCHEDULE February 3, 2022 LANDSCAPE CONCEPT:This landscape will consist of California- Friendly,low and medium water use plant material.All plants have been chosen from the low or medium water use category according to WUCOLS.Shrubs have been chosen to create a uniform theme across the site consisting of Mediterranean and California friendly plant material.Maintenance and longevity of plant material has been taken into consideration.Root panels and barriers will be utilized on all trees where necessary.A 3"layer of bark mulch will be used in all landscape areas.All landscape areas will conform to the current City of San Bernardino Landscape Guidelines.IRRIGATION CONCEPT:The irrigation design will incorporate the latest in smart irrigation technologies.All new landscape areas will include high efficiency,low water use methods.All shrub planters will use drip line with an irrigation efficiency of .81.A smart irrigation controller with a rain shut off device will also be incorporated.Bark mulch will be used to retain moisture and reduce evaporation and an irrigation schedule will be provided to program the controller. Two irrigation schedules shall be prepared,one for plant establishment and one for after plant establishment.All new irrigation systems will comply with all current City ofSan Bernardino Landscape Guidelines.REFER TO OPEN SPACE       Packet Pg. 436 TYPICAL FRONT YARD PLANTING PALETTE COTTAGE MONTEREY SANTA BARBARA FOREGROUND SYMBOL PLANT TYPE SIZE ACCENT TREE FOUNDATION X CHITALPA TASHKENTENSIS / CHITALPA MAGNOLIA GRANDIFLORA LITTLE GEM' / LITTLE GEM MAGNOLIA OLEA EUROPAEA FRUITLESS' / FRUITLESS OLIVE LEPTOSPERMUM SCOPARIUM / NEW ZEALAND TEA TREE CUPRESSUS SEMPERVIRENS 'TINY TOWER' / TINY TOWER CYPRESS YUCCA FILAMENTOSA GOLDEN SWORD' / GOLDEN SWORD YUCCA CALANDRINIA SPECTABILIS / ROCK PURSELANE MYOPORUM PARVIFOLIUM PUTAH CREEK' / CREEPING MYOPORUM LANTANA 'NEW GOLD' / NEW GOLD LANTANA MUHLENBERGIA RIGENS / DEER GRASS DIETES X 'NOLA ALBA' / KATRINA AFRICAN IRIS PENSTEMON SPECTABILIS SHOWY PENSTEMON LAURUS NOBILIS / SWEET BAY LIGUSTRUM JAPONICUM TEXANUM' / WAXLEAF PRIVET LAVATERA MARITIMA / BUSH MALLOW DIANELLA REVOLUTA LITTLE REV' / LITTLE REV FLAX LILY ROSA X NOARE / FLOWER CARPET RED GROUNDCOVER ROSE LAVANDULA STOECHAS / SPANISH LAVENDER 15 GAL 5 GAL 5 GAL 1 GAL 1 GAL 24" Box NOTE:ALL FRONT YARD PLANT MATERIAL IS LOW OR MODERATELY LOW WATER USE (DROUGHT TOLERANT ONCE ESTABLISHED) A PLANT FACTOR OF .4 (MIXED WATER USE/MODERATELY LOW WATER USE) HAS BEEN USED FOR THE WATER USE CALCULATION ALL PLANTER AREAS WILL RECEIVE A 3" LAYER OF MEDIUM GRIND BARK MULCH, INCLUDING WALKING PATH TO REAR YARD GATE. PLANTING PALETTE PER ELEVATION PLAN 3 PLAN 1 PLAN 2 MIDGROUND GROUNDCOVER 2 1 0 3 February 3, 2022 SHADE STRUCTURE BARK MULCH PATHWAY FOR GATE ACCESS TO REAR YARD PICNIC-STYLE SEATING CONCRETE PAD AND BENCH ACCENT ENTRY TREES CONCRETE PAD WITH BENCH AND WASTE RECEPTACLE CONCRETE PAVERS CHARCOAL BBQ AND ASH RECEPTACLE BUILT-IN COUNTERTOP WITH STEEL SINK 72" CMU WALL WITH STUCCOFINISHDENSESHRUBSCREENING OPEN SPACE ENLARGEMENT 1"=10'-0" TYPICAL FRONT YARD PLANTING ENLARGEMENT 1"=10'-0" SHADE STRUCTURE - POLIGON 4X12 PAVERS - ACKERSTONEPICNICTABLESEATING - MIRACLE 0'10'20' 30' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH HIGHLAND & MEDICAL CENTER ENLARGEMENTS       Packet Pg. 437 SYMBOL DESCRIPTION COLOR/FINISH MANUFACTURER 6`-0" HIGH 8X6X18 DOUBLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP TAN ORCO BLOCK OR PROTO II 6`-0" HIGH 8X6X18 SINGLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP COLOR TAN, SPLIT FACE FOR INTERIOR FACING, PRECISION FOR EXTERIOR FACING WALLS ORCO BLOCK OR PROTO II 6`-0" HIGH VINYL FENCE TAN 6`-0" HIGH, 3`-0" WIDE VINYL GATE TAN 6`-6" HIGH 12X8X12 SPLITFACE PILASTER WITH CAP TAN ORCO BLOCK OR PROTO II VEHICULAR ENTRY GATE STEEL/BLACK PEDESTRIAN ENTRY GATE STEEL/BLACK EMERGENCY VEHICULAR ENTRY GATE STEEL/BLACK ENTRY MONUMENTATION SLUMP BLOCK/ WHITE SLURRY FINISH ORCO BLOCK OR PROTO II WALL_SCHEDULE HIGHLAND AVENUE STREET "X" STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET " X"STREET "X"STREET "X" STREET "X"STREET "X"STREET "X" GARDENAST.MADISONST.MILE 0.1MILE 0.2MILE 0.3 MILE0.4MILE 0.0STARTPERIMETERPATHENDPERIMETERPATHMILE0.4MILE0. 0START PERIMETERPATHEND PERIMETER PATH MILE 0.3MILE0.2MILE 0.1APN 0143-191-36APN0143-191-60APN0143-282- 03 APN 0143-231- 16APN 0143- 282-03APN 0143-281- 01APN 0143- 284-16APN 0269-081- 070143-284- 02N.A. P.APN 0143-191- 47APN 0143- 191-33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/ GB1234.30FS/ LP1228.2+ 2 1 + 0 3 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN1PLAN1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN1PLAN1PLAN 3PLAN3PLAN3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN3PLAN2PLAN 2PLAN2PLAN2 PLAN 2 PLAN 3 PLAN 3 PLAN3PLAN3PLAN3PLAN 2PLAN1PLAN3PLAN2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN3PLAN3PLAN 2PLAN1PLAN3 PLAN 3 PLAN3PLAN2PLAN2PLAN 2PLAN 1 PLAN1PLAN 2PLAN2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN1PLAN1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN1PLAN1PLAN 3PLAN3PLAN3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN3PLAN2PLAN 2PLAN2PLAN2 PLAN 2 PLAN 3 PLAN 3 PLAN3PLAN3PLAN3PLAN 2PLAN1PLAN3PLAN2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN3PLAN3PLAN 2PLAN1PLAN3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN1 PLAN 1PLAN 3 PLAN 3 PLAN 3       Packet Pg. 438 MILE 0.4 MILE 0.0START PERIMETERPATHEND PERIMETER PATH6"4" NOTES:LOCATIONS PER PLAN FINAL TEXT, FONT, AND COLOR TO BE DETERMINED BY OWNER.PAINTED PERIMETER PATH MILE MARKERS N. T.S. CONCRETE WALK 8'-0"6'-0"6'-0" TALL VINYL FENCE N.T.S.DETAILS 12'-6" or 6'- 6"12'- 0" or 6'-0"SPLIT FACE EXTERIOR BLOCK WALL AND PILASTER N.T.S.3'-0"6'- 0" 3'-0" WIDE VINYL GATE N.T. S.DETAILS PEDESTRIAN ANDVEHICLE ENTRY GATES - N.T.S.PERFORATED STEEL MESH HEAVY DUTY SELF-CLOSING HINGES WALL RETURN 20'6'1'1'EMERGENCY VEHICLE ACCESSGATE - N.T.S.15'- 0"SLUMP BLOCK W/SLURRY COAT 3'- 0" WIDE VINYL GATE N. T.S.ENTRY MONUMENT N.T. S.NOTE: MONUMENT MOUNTED TO WALL. FINAL LOGO AND GRAPHIC TO BE DETERMINED.February 3, 2022 HIGHLAND & MEDICAL CENTER       Packet Pg. 439 MITIGATION MONITORING & REPORTING PROGRAM Highland Avenue and Medical Center Drive General Plan Amendment (GPA) 21-01 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 Subdivision (SUB) 21-12 (Tentative Tract Map. No. 20494) Development Permit Type-P (DP-P) 21-06 City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner 909) 384-5313 June 8, 2022       Packet Pg. 440 1 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: BIOLOGICAL RESOURCES BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to en sure that animals do not re-enter the holes/dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. Planning Department Prior to the issuance of a grading permit BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. Planning Department Prior to the issuance of a grading permit CULTURAL RESOURCES CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance activities       Packet Pg. 441 2 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Planning Department During ground disturbance activities GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. City Inspectors Prior to the issuance of a grading permit GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. City Inspectors During ground disturbance activities TRIBAL CULTURAL RESOURCES       Packet Pg. 442 3 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: The San Manuel Band of Mission Indians (SMBMI indicated the Project site had a low sensitivity for tribal cultural resources. However, they did request to be added to Mitigation Measure CR-2. Planning Department During ground disturbance activities       Packet Pg. 443 1 3 0 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Amendment No. 1 to Agreement with Anser Advisory Management, LLC (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024. Background The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance. The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects, and the Railway-Highway Crossing Program (RHCP). In addition, some states also have a High-Risk Rural Roads (HRRR) program if they have significant safety risks or increasing fatality rates on rural roads. HSIP Cycle 9 Call for Projects was announced in May 2018, and in August 2018, the City of San Bernardino submitted an application for the Upgrade Various Signal Hardware at 224 Signalized intersections on Various Arterials Citywide Project. On December 27, 2018, the City received HSIP grant funds in the amount of $5,490,800 to do the project.       Packet Pg. 444 1 3 0 9 On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-007 project for Upgrade Various Signal Hardware at 224 Signalized Intersections on Various Arterials and established $5,490,800 in HSIP grant funds to support the project. The Design for the project was completed in July 2021 by Kimley-Horn and Associates at a total design cost of $631,534.25. A construction contract was awarded by the City Council on December 15, 2021, to Baker Electric Inc. in the amount of $3,799,306. Anser Advisory was awarded a construction management and inspection services contract for the construction phase of the project in the amount of $280,000 by the Mayor and the City Council on March 2, 2022. The contract expired on March 2, 2023. Discussion Staff recommends that the Professional Services Agreement with Anser Advisory Management, LLC be extended due to a delay in the contractor’s material procurement for the traffic signal equipment. Amendment No.1 will only impact the term of the agreement and allow for additional time to complete the project. The notice to proceed was issued on October 31, 2022, and the contract time commenced on November 1, 2022, for work to be completed within 200 working days for a completion date on August 18, 2023. Anser Advisory Management, LLC services will continue past the construction contract end date to close out the project and complete all the required paperwork to meet the federal requirements for the close-out procedures, all the construction management services will be completed on or before May 17, 2024. Anser Advisory Management, LLC has been providing construction management, project management, and inspection services for 224 signalized intersections on various arterials in the City of San Bernardino since March of 2022. Their team of construction managers and field inspectors have been actively involved in various aspects of the project, including reviewing Requests for Information (RFI), conducting bi-weekly progress meetings, managing change orders, resolving construction disputes, reviewing, and controlling schedules, ensuring labor compliance, and processing progress payments for approval. Amendment No. 1 is only to extend the time allocated for the contract, and it will not lead to any additional costs beyond the amount initially awarded by the Mayor and the City Council. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this Amendment will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing traffic signals on various arterials within the City. Fiscal Impact There is no General Fund impact with this item. Also, the extension of the proposed       Packet Pg. 445 1 3 0 9 term has no impact on the cost of the project. The total design and construction cost for the project is estimated to be $5,113,840.25. The design phase of the project was completed at a total cost amount of $631,534.25, leaving $4,482,306.00 for the construction cost. A breakdown of the overall construction costs for the project is below: Construction Bid Amount $3,799,306.00 Construction Contingency $383,000.00 Engineering Inspections $300,000.00 Total Construction Project Cost $4,482,306.00 Total Design and Construction Cost $5,113,840.25 Available Grant Fund $5,490,800.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024. Attachments Attachment 1 Amendment No. 1 to Agreement for Professional Services Agreement with Anser Advisory Management, LLC Attachment 2 Professional Services Agreement with Anser Advisory Management, LLC Ward: All Wards Synopsis of Previous Council Actions: June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Program FY 2019/2020 March 18, 2020 Adopted Resolution No. 2020-48 approving the award of Professional Services Agreement with Kimley-Horn and Associates Inc. December 15, 2021 Adopted Resolution No. 2021-299 approving the award of Construction Contract to Baker Electric Inc. March 2, 2022 Adopted Resolution No. 2022-50 approving the award of Professional Services Agreement to Anser Advisory Management, LLC       Packet Pg. 446 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES ANSER ADVISORY This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of May 17, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Anser Advisory, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated March 3, 2022, for the purpose of providing construction management and inspection services (the “Master Agreement”); and B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through May 17 , 2024, unless earlier terminated. 3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows: “The total duration of the Agreement, including the exercise of any options, shall not exceed May 17, 2024.” 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.       Packet Pg. 447 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 448 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ANSER ADVISORY IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles McNeely Interim City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT ANSER ADVISORY Signature Name Title       Packet Pg. 449       Packet Pg. 450       Packet Pg. 451       Packet Pg. 452       Packet Pg. 453       Packet Pg. 454       Packet Pg. 455       Packet Pg. 456       Packet Pg. 457       Packet Pg. 458       Packet Pg. 459       Packet Pg. 460       Packet Pg. 461       Packet Pg. 462       Packet Pg. 463       Packet Pg. 464 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely; Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Concept Plan Approval for Eastside Skate Park Improvements at Speicher Park (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072: Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park (“Project”). Background On November 2, 2022, the Mayor and City Council approved the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of Eastside Skate Park at Speicher Park. In January 2023, the design work for the proposed improvements was initiated. The proposed improvements include construction of a new skatepark facility including guardrails, concrete access pathway, and additional concrete slab construction and repairs, integral color concrete, banding and stenciling. Discussion As part of the concept design phase, staff coordinated two community outreach meetings in November 2022 and January 2023 to receive community feedback regarding the proposed improvements. Furthermore, additional surveys were published online in December 2022 and January 2023 seeking community input. The community outreach helped staff determine the key design parameters for the proposed facility.       Packet Pg. 465 Following the public outreach activities, the concept design plans are prepared (see Attachment 2) for the Concept Design Plans. The proposed improvements as part of the base bid are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections). Based on the project estimates, staff recommends appropriating additional allocation of $230,000.00. Additionally, staff proposes to include additive alternate design including North Entry Plaza concrete improvements & seat walls, and a new shade structure. The estimated cost for the additive alternate scope is approximately $100,000. After receiving construction bids, staff will return to Council to award construction contract, and will present final budget amounts, based on established construction costs. Final plans, specifications and estimates (construction bid package) will be prepared as part of the final design. Staff will return to Council to appropriate final project budget after construction bids are received. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 3: Improved Quality of Life. The completion of this project will improve park assets by providing skatepark design to provide a safe and well-maintained community skate park with access for all abilities. Fiscal Impact The budget for the proposed work was previously established through the adopted FY 2023-2027 Capital Improvement Program (CIP) budget using Measure S Funds in the amount of $650,000. The proposed improvements are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections). Staff will return to Council to appropriate final project budget after construction bids are received. The fiscal impact is the additional allocation of $230,000.00 from AB 1600 Parkland and Op (Fund 268) for this project. The AB 1600 Parkland and Op Fund have sufficient fund balance; the current fund balance available is $2.3 million. Measure S Funds $650,000.00 Funding Amendment Needed: AB 1600 Parkland and Op (Fund 268)$230,000.00 Total Project Funding $880,000.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072: Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park       Packet Pg. 466 Improvements at Speicher Park (“Project”). Attachments Attachment 1 Resolution No. 2023-072 Attachment 2 Concept Plans Ward: Second Ward Synopsis of Previous Council Actions: November 2, 2022 Mayor and City Council approved design services agreement award for Skate Park Design at Speicher Park.       Packet Pg. 467 Resolution No. 2023-072 Resolution 2023-072 May 17, 2023 Page 1 of 3 2 6 5 1 RESOLUTION NO. 2023-072 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 CAPITAL IMPROVEMENT PLAN TO RECORD A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $230,000 FROM THE AB 1600 PARKLAND AND OP (FUND #268) FOR THE SKATE PARK IMPROVEMENTS AT SPEICHER PARK (“PROJECT”). WHEREAS, on November 2, 2022, the Mayor and City Council approved the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of the skate park at Speicher Park; and WHEREAS, as part of the concept design phase, staff coordinated two community outreach meetings in November 2022 and January 2023 to receive community feedback regarding the proposed improvements. Furthermore, additional online surveys were published online in December 2022 and January 2023 seeking further community input. The community outreach helped staff determine the key design parameters for the proposed facility.; and WHEREAS, following the public outreach activities, the concept design plans are prepared. The proposed improvements are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections). BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan recording a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund #268) for the Skate Park Improvements at Speicher Park (“Project”). SECTION 3.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;       Packet Pg. 468 Resolution No. 2023-072 Resolution 2023-072 May 17, 2023 Page 2 of 3 2 6 5 1 (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the asphalt pavement. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 469 Resolution No. 2023-072 Resolution 2023-072 May 17, 2023 Page 3 of 3 2 6 5 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-072, adopted at a regular meeting held on the 17th day of May 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. 470 EAST SIDE SKATEPARKSAN BERNARDINO, CA | All-Wheel Skatepark Final Concept Plan Feature Plan Legend Skatepark features are schematic and will be modified based on community input, project budget and geotechnical findings. The current design represents intended terrain style within the project scope. North Entry Plaza (Add Alternate #1) West Entry Plaza and Spectator Area Planting Area(s) Mural/Art Wall Along Park’s South Edge Skatepark Primary Access Point Signature SB Fountain Feature Connection to Existing Pathway Existing Grass Area to Remain Existing Concrete Pathway Existing Tree(s) Guardrail Along Edge of Skatepark Deck Existing Fence to Remain Along Edge of Skatepark Shade Structure (Add Alternate #1) Slappy Curb (Add Alternate #2) 2 3 4 5 6 7 8 9 10 11 11 11 12 13 14 14 13 10 10 10 10 10 1 1 2 3 3 12 57 7 8 9 9 9 44 6 PACIFIC STREET Pedestrian Circulation (Base Bid) Pedestrian Circulation (Future Phase) Rider Circulation Staging Area Transition Ramp with Radius of Wall Bank Ramp / Embankment Wall 5T B 10 0 20 40 FEET N Updated 05.02.2023 FUTURE PHASE (NOT IN BASE BID)       Packet Pg. 471 EAST SIDE SKATEPARKSAN BERNARDINO, CA | Site Flow Diagram Skatepark features are schematic and will be modified based on community input, project budget and geotechnical findings. The current design represents intended terrain style within the project scope. Updated 05.02.2023       Packet Pg. 472 EAST SIDE SKATEPARKSAN BERNARDINO, CA | All-Wheel Skatepark 3d Renderings Bird’s Eye View looking Northeast Bird’s Eye View looking Southeast Updated 05.02.2023 View of Skatepark Features View of Skatepark Features FUTURE PHASE FUTURE PHASE ADD ALTERNATES ADDALTERNATES       Packet Pg. 473 EAST SIDE SKATEPARKSAN BERNARDINO, CA | ` ` ` Concept Plan - Cost Exhibit PACIFIC STREET 10 0 20 40 FEET N KEY ASSUMPTIONS COST BREAKDOWN* *This is and order of magnitude to determine base assumptions of this project and to clarify key elements and site amenities to be regarded and prioritized. Current assumptions are: • Feasibility of retrofitting existing athletic lighting to be determined in future phase • Suitable site soil conditions • Contractor can stage equipment and materials on site • At least a portion of the existing skatepark slab can be used as with the new design • Skatepark terrain consisting of a variety of different terrains designed to allow for progression • Additional site improvements outside of skatepark budget include water fill station, bike racks, trash and recylcing receptacle, signage, benches • Shade structure location, style, and size to be determined Updated 05.02.2023 Notes: * Final design is subject to change. Skatepark may be value engineered due to budget constraints. **Price includes general conditions, civil works, site/landscape restoration, and foam block/fill build-up. ITEM SKATEPARK + SITE IMPROVEMENTS (BASE BID) Skatepark Elements** (Approx. 5,500 sf) Guardrails along Elevated Skate Features (exceeding 30” H) Concrete Access Pathway (Approx. 300 sf) Overlay of Existing Concrete Slab (Approx. 7,500 sf) Integral Color Concrete, Banding, Stenciling SKATEPARK SUBTOTAL Design & Engineering Construction Contingency Construction Management, Inspection, Proj. Management (15%) BASE BID GRAND TOTAL Add Alt 1: North Entry Plaza Flatwork & Seatwalls, Shade Structure Add Alt 2: Slappy Curb ADD ALTERNATES SUBTOTAL SKATEPARK + ADD ALTS TOTAL FUTURE PHASE ITEMS Entry Plaza (West) & Additional Sidewalk Connections Planting/Landscape Improvements SUBTOTAL (FUTURE PHASE) CONSTRUCTION GRAND TOTAL (SKATEPARK + ADD ALTS + ADDITIONAL) ESTIMATED COST $440,000 $40,000 $5,000 $82,500 $10,650 $578,150 $106,500 $67,905 $112,043 $864,598 $98,300 $2,600 $100,900 $965,498 $74,000 $65,000 $ 139,000 $1,104,498       Packet Pg. 474 1 3 7 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Helen Tran Department:Mayor's Office Subject:Pre-Approval of Mayor Travel for FY 2022/2023 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2022/23 Background On August 18, 2021, the Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council. Discussion The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official. The Mayor is requesting to attend the International Council of Shopping Centers (ICSC) from May 21-23, 2023 in Las Vegas, NV. ICSC Las Vegas May 21-23, 2023 Registration: $975 Estimated Airfare & Travel: $500 Hotel: $500 2021-2025 Strategic Targets and Goals This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions. Fiscal Impact       Packet Pg. 475 1 3 7 1 There is no financial impact to the pre-approval of travel for FY 2022/23. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for the Mayor for Fiscal Year 2022/23. Attachments 1. Attachment 1 – Travel Authority and Expense Policy 2. Attachment 2 – ICSC Registration Details 3. Attachment 3 – Estimated Southwest Airlines Flights 4. Attachment 4 – Estimated Hotel 5. Attachment 5 – GSA FY 2023 Per Diem Rates for Las Vegas, NV Ward: All Wards Synopsis of Previous Council Actions: August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021. July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and repealing Resolution Nos. 9151 and 89-100. February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City. April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226. June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day. April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City.       Packet Pg. 476 City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. 2021-212 Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel. The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement. Packet Pg.2263       Packet Pg. 477 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be paid by the City or reimbursed. Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation. Definitions (a)Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (b)Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions. (c)Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d)Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e)Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f)GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred. Packet Pg.2264       Packet Pg. 478 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a)Actual and Necessary Expenses. The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b)Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a.Attending educational seminars, conferences, or activities designed to improve skills and information levels. b.Participating in regional, state, national and international organizations whose activities affect the City’s interests. c.Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events. d.Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c)Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee Packet Pg.2265       Packet Pg. 479 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. Packet Pg.2266       Packet Pg. 480 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a)Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b)Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c)Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle. If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City. Packet Pg.2267       Packet Pg. 481 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a)Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b)First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a)City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy. (b)Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c)Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d)Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage Packet Pg.2268       Packet Pg. 482 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement. Packet Pg.2269       Packet Pg. 483 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance. The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a)Hotel Rooms Packet Pg.2270       Packet Pg. 484 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used. (b)Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose. (c)When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d)Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone. (e)Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f)Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g)Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals and Incidentals Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Packet Pg.2271       Packet Pg. 485 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total Continental Breakfast/ Breakfast Lunch Dinner Incidentals First and Last day of Travel (75%) $55 $13 $14 $23 $5 $41.25 $56 $13 $15 $23 $5 $42.00 $61 $14 $16 $26 $5 $45.75 $66 $16 $17 $28 $5 $49.50 $71 $17 $18 $31 $5 $53.25 $76 $18 $19 $34 $5 $57.00 Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a)Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents. c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement. d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals. Packet Pg.2272       Packet Pg. 486 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling. ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately. (b)Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed, or a travel advance provided at the GSA Per Diem Rate. If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules, or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the Elected Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Packet Pg.2273       Packet Pg. 487 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137) Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. (a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement. b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card. a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the P- Card process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem. d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents. f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement. Packet Pg.2274       Packet Pg. 488 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations. (c) The City will not pay for laundry services or dry cleaning. Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. (a)There are four ways to pay for travel expenses: a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card. b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment requests from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees). c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal Packet Pg.2275       Packet Pg. 489 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b)Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c)If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. (d)The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy. Procedure: The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a)In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale. c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials. (b)After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Packet Pg.2276       Packet Pg. 490 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Action/Responsibility: Department Head (a)Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b)Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c)Approve or deny local travel requests. Action/Responsibility: Finance Department (a)Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b)Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy. Reconciliation and Verification of Expenses The following are step-by-step instructions for reconciliation and verification of travel expenses. Action/Responsibility: Employee or Elected Official Within seven (7) working days of return date to work: (a)If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipts. (b)If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval. Action/Responsibility: Department’s Travel Coordinator (a)Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance. Packet Pg.2277       Packet Pg. 491 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel AuthorityName & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel:Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor:Estimate Cost of Trip: $ Date:Advance Money Requested: $ Office Phone:Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense ReportEXPENSE CATEGORIES:Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) Other $$ Garage and/or Parking $$ Lodging $$ Registration Fees $$ Meals $$ Other $$ Other $$ TOTAL EXPENSE $$ Amount Paid by Traveler $ Cash Advance – Check No:$I hereby certify that this is a true andBalance Due to Traveler/City $correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) Packet Pg.2278       Packet Pg. 492 5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 1/8 ICSC LAS VEGAS May 21-23, 2023 Las Vegas Convention Center Las Vegas, Nevada, United States ICSC LAS VEGAS is our premier event and takes place annually in May. It is a two- to three-day gathering of dealmakers and industry experts, who are driving innovation and evolution in the Marketplaces Industry.  Schedule At-a-Glance (Times are subject to change) Sunday, May 21 • Wynn 1:00 – 4:30 pm • Professional Development Workshops        Packet Pg. 493 5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 2/8 4:45 – 6:00 pm • Keynote Speaker 6:00 – 8:00 pm • Opening Reception  6:30 – 8:00 pm • ICSC Global Awards Ceremony Monday, May 22 • LVCC  8:00 am – 5:00 pm • Exhibit Hall Open 10:00 am – 4:30 pm • Sessions Tuesday, May 23 • LVCC 8:00 am – 3:00 pm • Exhibit Hall Open 10:00 – 11:45 am • Sessions Registration Fees* Register at the Standard Rate (ends at 11:59 pm EST on May 20, 2023) Member  •  975 Non-Member  •  1,800 Retailer Member  •  0 Student Member  •  50 On-Site Rate (starts at 12:00 am EST on May 21, 2023) Member  •  1,325 Non-Member  •  1,800 Retailer Member  •  N/A** Student Member  •  N/A** * All cancellations are subject to a $100 cancellation fee for members and non-members and $25 for student members. Refunds will not be given for cancellations received after May 5, 2023. All requests for refunds must be received by ICSC in writing.  ** On-site registrations not accepted Hotel Reservations In partnership with onPeak, ICSC’s ocial hotel provider, we are oering discounted rates at select hotels.        Packet Pg. 494 5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 3/8 Notice to all ICSC Members: Please be advised that ICSC will only contact you through onPeak, our ocial hotel provider. Any other email or phone solicitations oering hotel bookings are unauthorized and should be disregarded as spam notices. Book Hotel Exhibitor Information Reserve your Booth Space today for ICSC LAS VEGAS 2023. Become an ICSC member and take advantage of member pricing. Questions? Contact: Logan Brodsky at lbrodsky@icsc.com, Kim Romano at kromano@icsc.com or Keith Colavito at kcolavito@icsc.com.  What’s included: $15.50 per sq. ft (member pricing) 8' back and side wall drape (except island and peninsula booths) Gray booth carpet Badges (based on booth size) Listing in digital directory ICSC is committed to bringing our event attendees together safely and with the proper health precautions in place but cannot guarantee that event attendees, exhibitors, vendors or other participants will not become infected with COVID, and by voluntarily attending an ICSC event, you accept and assume the risk of possible exposure or contraction of the same. Read ICSC’s Event Terms and Conditions for more information and our Event FAQs for more information. Follow us for the latest event news and updates.       Packet Pg. 495 5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 4/8 About this event series The ICSC Premier event series are our must-attend annual global gatherings of the Marketplaces Industry’s networked community of dealmakers, negotiators and moneymakers. Details Questions? For more information, please call +1 844 728 ICSC or email info@icsc.com. Event FAQs View full schedule Cancel/Refund Additional Resources Attendee Search Search Book Hotel Book Schedule View full schedule Attendee List PDFs View Exhibitor List View Exhibitor Floor Plan View ICSC LAS VEGAS Shuttle Schedule & Route Map Download Sponsorship Opportunities Download Attending 19113 Registered Anthony Gonzalez Broker Coordinator C u s h m a n & Wa ke f i e l d Add to calendar       Packet Pg. 496 5/1/23, 9:03 PM Select Flights | Southwest Airlines https://www.southwest.com/air/booking/select.html?int=HOMEQBOMAIR&adultPassengersCount=1&departureDate=2023-05-21&destinationAirportC…1/4 Log in Español  MAY 21 - 23 ONT  LASModify Depart: ONT LAS Ontario/LA, CA - ONT to Las Vegas, NV - LASAll fares are rounded up to the nearest dollar.PointsGovernment taxes & fees included FRI May 19 SAT May 20 SUN May 21 MON May 22 TUE May 23 Low Fare Calendar First 2 bags fly free® Weight, size & excess limits apply Sort by Filter byNonstop  Departing flights Business Select Anytime Wanna Get Away plus Wanna Get AwayNumber of stops Duration Low fare Fastest Nonstop 1h 0m # 3687 5:15AM 6:15AM Low fare Change planes PHX 3h 5m # 3939 / 121 5:30AM 8:35AM 1 stop Low fare Change planes SMF 3h 40m # 2256 / 2147 5:45AM 9:25AM 1 stop Low fare Change planes SJC 4h 5m # 1873 / 3869 6:05AM 10:10AM 1 stop Change planes SMF 3h 30m # 2156 / 3786 8:05AM 11:35AM 1 stop Fastest Nonstop 1h 0m # 3585 9:00AM 10:00AM Change planes OAK 3h 25m # 2173 / 948 11:15AM 2:40PM 1 stop Change planes SMF 3h 40m # 695 / 3870 1:30PM 5:10PM 1 stop Change planes SJC 3h 30m # 1513 / 546 2:30PM 6:00PM 1 stop Fastest Nonstop 1h 0m # 1387 5:25PM 6:25PM Change planes SMF 3h 25m # 2929 / 2797 5:30PM 8:55PM 1 stop $ Departure time All day 234$184$124$104$ 234$184$124$104$ 234$184$124$104$ 234$184$124$104$ 374$324 3 left $224 3 left $Unavailable 405$355$269 1 left $Unavailable 430$380$302 5 left $Unavailable 405$355$Unavailable Unavailable 401$351 2 left $291 2 left $Unavailable 264$214$154$134$ 405$355$302$Unavailable Feedback      Packet Pg. 497 5/1/23, 9:03 PM Select Flights | Southwest Airlines https://www.southwest.com/air/booking/select.html?int=HOMEQBOMAIR&adultPassengersCount=1&departureDate=2023-05-21&destinationAirportC…2/4 Change planes SJC 3h 55m # 2253 / 2783 6:55PM 10:50PM 1 stop Change planes SMF 3h 40m # 1628 / 3749 8:40PM 12:20AM Next Day 1 stop Low fare Fastest Nonstop 1h 0m # 865 9:20PM 10:20PM Return: LAS ONT Las Vegas, NV - LAS to Ontario/LA, CA - ONTAll fares are rounded up to the nearest dollar.PointsGovernment taxes & fees included SUN May 21 MON May 22 TUE May 23 WED May 24 THU May 25 Low Fare Calendar First 2 bags fly free® Weight, size & excess limits apply Sort by Filter byNonstop  Returning flights Business Select Anytime Wanna Get Away plus Wanna Get AwayNumber of stops Duration Low fare Change planes SMF 3h 25m # 3175 / 1102 5:00AM 8:25AM 1 stop Nonstop 1h 5m # 2176 5:15AM 6:20AM Change planes OAK 3h 35m # 3734 / 2732 6:25AM 10:00AM 1 stop Change planes SMF 3h 50m # 1529 / 1673 6:30AM 10:20AM 1 stop Nonstop 1h 0m # 2607 6:55AM 7:55AM Change planes PHX 4h 0m # 1584 / 2173 7:50AM 11:50AM 1 stop Nonstop 1h 0m # 1745 10:50AM 11:50AM Change planes SMF 4h 5m # 2842 / 1904 11:45AM 3:50PM 1 stop # 285 / 2929 1 t $ Departure time All day 379$329 4 left $269 4 left $Unavailable 344$294 4 left $234 4 left $Unavailable 234$184$124$104$ 199$149$89$69$ 204$154$94$74$ 254$204 1 left $144 1 left $124 1 left $ 234$184 2 left $124 2 left $104 2 left $ 204$154$94$74$ 324$274 1 left $214 1 left $Unavailable 254$204 5 left $144 5 left $124 5 left $ 334$284 1 left $224 1 left $Unavailable 315$265$205$185$Feedback      Packet Pg. 498 5/1/23, 9:03 PM Select Flights | Southwest Airlines https://www.southwest.com/air/booking/select.html?int=HOMEQBOMAIR&adultPassengersCount=1&departureDate=2023-05-21&destinationAirportC…3/4 Important fare and schedule information All fares and fare ranges are subject to change until purchased and are per person for each way of travel. Flight ontime performance statistics can be viewed by clicking on the individual flight numbers. "Unavailable" indicates the corresponding fare is unavailable for the selected dates, the search did not meet certain fare requirements, or the flight has already departed. "Invalid w/ Depart or Return Dates" indicates that our system cannot return a valid itinerary option(s) with the search criteria submitted. These itineraries may become valid options if you search with a different depart or return date and/or for a one-way flight instead. Fare Benefits Two bags fly free®1 First and second checked bags. Weight and size limits apply. A golf bag or skis in a container acceptable to Southwest® can be substituted for one checked bag. No change2 or cancel fees3 If you need to change an upcoming flight itinerary, you’ll only pay the difference in fare (if one applies). Failure to cancel a reservation at least 10 minutes prior to scheduled departure may result in forfeited travel funds. Flight credit4 A flight credit will be issued as long as the flight is canceled at least 10 minutes prior to the scheduled departure. Flight credits don’t expire and are non- transferable. Transferable Flight Credit™5 A Transferable Flight Credit will be issued as long as the flight is canceled at least 10 minutes prior to the scheduled departure. Transferable Flight Credit can be transferred between Rapid Rewards® Members. Only one transfer is permitted. For bookings made through a Southwest Business channel, there is a limitation to transfer only between employees within the organization. Transferable Flight Credits don’t expire. Change planes PHX 3h 30m12:05PM 3:35PM 1 stop Nonstop 1h 5m # 2641 3:25PM 4:30PM Change planes SJC 3h 55m # 2761 / 2434 4:20PM 8:15PM 1 stop Change planes SMF 3h 35m # 1714 / 2677 4:25PM 8:00PM 1 stop Nonstop 1h 0m # 2117 5:20PM 6:20PM Change planes OAK 4h 0m # 3535 / 2639 6:20PM 10:20PM 1 stop Fastest Nonstop 0h 55m # 271 8:20PM 9:15PM Low fare Change planes PHX 3h 5m # 1716 / 2200 8:45PM 11:50PM 1 stop Nonstop 1h 0m # 3334 10:10PM 11:10PM Great Deal Southwest Vacations Save up to $375 with Flight + Hotel See packages Continue 315$265 1 left $205 1 left $185 1 left $ 254$204 4 left $144 4 left $124 4 left $ 379$329 1 left $269 1 left $Unavailable 430 5 left $380$179 1 left $159 1 left $ 294$244$144$124$ 289$239 2 left $179 2 left $159 2 left $ 204$154$94$74$ 199$149$89$69$ 204$154$94$74$Feedback      Packet Pg. 499       Packet Pg. 500 FY 2023 Per Diem Rates for Las Vegas, Nevada Max lodging by month (excluding taxes.) Primary Destination County 2022 Oct Nov Dec 2023 Jan Feb Mar Apr May Jun Jul Aug Sep Las Vegas Clark $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120       Packet Pg. 501 1 3 4 8 DISCUSSION City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk’s Office Subject:Adopt a Policy Designating a Meeting Minute Taker and Procedures for the Taking and Storing of Minutes Pertaining to Closed Session meetings of The Mayor and City Council Recommendation It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy designating a meeting minute taker and procedures for the taking and storing of minutes pertaining to closed session meetings of the Mayor and City council. Background On May 19, 2019, the Mayor and City Council were presented with a survey of surrounding cities to determine if the City Clerk participates in Closed Session in other agencies. On February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. In April 2023, the Mayor and members of the City Council communicated to staff to bring forward a resolution designating the City Clerk as the meeting minute taker for Closed Sessions and adopting a policy and procedures for taking and storing closed session meeting minutes. Discussion In previous years, the City Clerk attended Closed Session Meetings. However, in 2018 a decision was made to exclude the City Clerk from Closed Session, and this has continued to be the practice since then.       Packet Pg. 502 1 3 4 8 In May 2019, the Mayor and City Council considered a survey on the practice of the City Clerk attending Closed Session Meetings. There were 20 cities surveyed, and only two cities had the City Clerk attend Closed Session Meetings, Victorville and Riverside. The City Council voted unanimously to continue the current practice and exclude the City Clerk from Closed Session Meetings. In May of 2023, staff again surveyed the 20 cities, and Huntington Beach and Moreno Valley have begun to have the City Clerk attend Closed Session. Victorville and Riverside continue to have their City Clerk attend Closed Session Meetings. The table below shows the results of the 2023 survey. City Population General Law Charter Appointed or Elected City Clerk Clerk in Closed Session? Anaheim 345,940 Charter Appoint No Arcadia 55,345 Charter Elected No Burbank 104,401 Charter Elected No Colton 53,057 General Law Elected No Corona 159,743 General Law Appointed No Covina 48,619 General Law Elected No Fontana 210,761 General Law Elected No Highland 57,159 General Law Appointed No Huntington Beach 196,652 Charter Elected Yes Irvine 310,151 Charter Appointed No Moreno Valley 199,258 General Law Appointed Yes Ontario 181,544 General Law Elected No Pomona 152,554 General Law Appointed No Rancho Cucamonga 177,000 General Law Elected No Redlands 73,168 General Law Elected No Rialto 104,030 General Law Elected No       Packet Pg. 503 1 3 4 8 Riverside 315,034 Charter Appointed Yes Upland 79,040 General Law Appointed No Victorville 143,810 Charter Appointed Yes In light of the Mayor and City Council’s recent request to revisit this topic, staff have considered the obligation of the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials can operate under a clear set of guidelines. These guidelines shall also align with the laws and regulations that govern the City, in addition to the City Charter and Municipal Code. California Government Code Section 54957.2 provides that the City Council may, by ordinance or resolution, designate a clerk or other officer or employee of the City to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the City. The Mayor and City council can choose to designate the City Clerk or their designee, for example the Chief Deputy City Clerk, Deputy City Clerk II or Deputy City Clerk I, (all who serve in the City Clerk’s absence), to be the minute taker in Closed Session. The City Council can also assign a designee of their choice such as the City Manager, Assistant City Manager, or City Attorney to take minutes in the absence of the City Clerk. In the absence of the City Clerk, or the designee, the Chair of the meeting can appoint another staff member to prepare the meeting minutes. To remain consistent with our standard practice for meeting minutes city-wide, the type of minutes that will be taken for closed session meetings will be action minutes. They will include the item discussed, a description of each motion made by members, the name of the member making each motion and the name of the member who seconds each motion, and the name of each member voting in favor of, against, or abstaining on each motion. The minutes will also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting. Closed Session meeting minutes are not a public record subject to inspection pursuant to the California Public Records Act and must be kept confidential. Minutes of closed session meetings of the Mayor and City Council shall only be made available for review by the City Clerk, City Attorney, City Manager, Mayor, members of the City Council or pursuant to an order of a court of competent jurisdiction. 2021-2025 Strategic Targets and Goals       Packet Pg. 504 1 3 4 8 Designating the meeting minute taker and adopting a policy and procedures for taking and storing of minutes pertaining to the closed session meetings closely aligns with Strategic Target 1, Goal a: Improved Operational & Financial Capacity – Establish a clear policy direction and predictable organization structure. The policy will provide consistent direction to current staff members and future staff. Fiscal Impact There is no fiscal impact in designating a meeting minute taker and adopting the policy and procedures. Conclusion It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy and procedures for the taking and storing of minutes pertaining to the Closed Session meetings of the City of San Bernardino. Attachments Attachment 1 – Resolution No. 2023-073 Adopting a policy and procedures on the Closed Session Meeting Minutes Attachment 2 – Exhibit A - Closed Session Meeting Minutes Policy and Procedures Ward All Wards Synopsis of Previous Council Actions February 3, 2021 The City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. May 11, 2019 The Mayor and City Council considered - Matters of Council Interest Follow-Up Report – Survey of City Clerks in attendance at Closed Session Meetings       Packet Pg. 505 Resolution No. 2023-073 Resolution 2023-073 May 17, 2023 Page 1 of 3 2 6 5 7 RESOLUTION NO. 2023-073 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DESIGNATING A MEETING MINUTE TAKER; ADOPTING A POLICY AND PROCEDURES FOR THE TAKING AND STORING OF MINUTES PERTAINING TO CLOSED SESSION MEETINGS OF MAYOR AND CITY COUNCIL WHEREAS, the City of San Bernardino is a charter city operating under a council- manager form of government; and WHEREAS, The City Charter is the document adopted by the voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council. WHEREAS, in addition to the City Charter and the Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. WHEREAS, California Government Code Section 54957.2 provides that the Mayor and City Council may, by ordinance or resolution, designate a clerk or other officer or employee of the City to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the City; and WHEREAS, any such minute book maintained by a designee of the City is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential; and WHEREAS, the City desires that minutes pertaining to closed session meetings of the City be taken and maintained by the City in a manner protecting the confidentiality of the minutes; and WHEREAS, the City desires to adopt policies and procedures pertaining to minutes of closed session meetings of the City; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:       Packet Pg. 506 Resolution No. 2023-073 Resolution 2023-073 May 17, 2023 Page 2 of 3 2 6 5 7 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City hereby approves the "Policies and Procedures for Taking and Storing of Minutes of Closed Session Meetings of the City " set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 507 Resolution No. 2023-073 Resolution 2023-073 May 17, 2023 Page 3 of 3 2 6 5 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. 2023-073, adopted at a regular meeting held on the 17th day of May 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. 508 [1] RESOLUTION NO. Resolution No. 2023-XX PAGE 1 of 2ADMINISTRATIVE POLICIES REVISION SUPERSEDES SUBJECT Closed Session Meeting Minutes APPROVED BY: City Council EFFECTIVE DATE 05/17/2023 A. PURPOSE To establish policy and procedures for taking and storing of Closed Session meeting minutes. B. SCOPE This policy provides directions on who the Mayor and City Council designated to take meeting minutes, the type of meeting minutes taken, and the storing of meeting minutes for Closed Sessions. C. POLICY MEETING MINUTE TAKER 1. It shall be the policy of the City of San Bernardino to designate the City Clerk to attend closed session and take minutes of the meeting. 2. If the City Clerk is absent from the closed session meeting, their designee shall take minutes of the meeting. 3. If neither the City Clerk nor the designee is present at a closed session meeting, the Chairperson shall designate another staff member present to prepare the minutes. PROCEDURE 1. The City Clerk in attendance at each closed session meeting of the City shall record in writing minutes of each closed session meeting that contain the following: a. A description of the item discussed b. A description of each motion made by members c. The name of the member making each motion and the name of the member who seconds each motion d. The name of each member voting in favor of, against and abstaining on each motion e. The minutes shall also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting       Packet Pg. 509 2 Administrative Policy Closed Session Meeting Minutes 2 6 5 8 STORING CLOSED SESSION MEETING MINUTES 1. Minutes of closed session meetings of the City shall be delivered to the City Clerk within five (5) business days of the date the minutes are taken. 2. The City Clerk shall store the minutes in order by date in a minute book in a secured drawer or file cabinet in their office. 3. The minute book maintained by a designee of the City is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential. Minutes of closed session meetings of the Mayor and City Council shall only be made available for review by the City Clerk, City Attorney, members of the City Council or pursuant to an order of a court of competent jurisdiction over the City. 4. Minutes shall be retained in accordance with the provisions of California Government Code Sections 34090, et seq.       Packet Pg. 510 1 3 5 4 Discussion City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager By: Cassandra Searcy, Deputy Director of Housing & Homelessness Department:Community & Economic Development (CED) Subject:Responding to the City’s Urgent Homeless Crisis Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes; 2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project; 3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus); 4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding; 5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and 6. Adopt Resolution No. 2023-076, the City of San Bernardino Homelessness State of Emergency Implementation Plan. Background On December 7, 2022, the Mayor and City Council allocated $24.5 million in American Rescue Plan Act (ARPA) funds to help mitigate homelessness. Specifically, $12 million was directed towards the development of the City’s low barrier, non-congregate       Packet Pg. 511 1 3 5 4 Navigation Center with an additional $4.5 million towards operations. On February 1, 2023, the Mayor and City Council unanimously voted to adopt Resolution No. 2023-028declaring a Homelessness State of Emergency in response to an on-going statewide and regional homelessness crisis. The Declaration allows the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness and opens the door to potential new funding opportunities to address the crisis. On April 26, 2023, the Mayor and City Council approved a Homekey partnership with Lutheran Social Services to develop a 170-bed Community Wellness Campus to serve homeless men. Council also approved a sub-award Agreement totaling $5 million in ARPA funds to help with project completion and operation. The facility will take approximately twelve (12) months to complete once the project is approved by the State. On April 26, 2023, the County of San Bernardino revealed the results of the 2023 Point in Time Count (PITC Attachment 1), which showed an 11% increase in homelessness. The City now has 1,502 homeless individuals compared to 1350 recorded in 2022. The City currently houses 36% of the County’s unhoused population. Discussion Homelessness State of Emergency Implementation Plan Staff has outlined an Implementation Plan for Council’s consideration, which list steps and measures the City can take to act in accordance with the declaration and to streamline the development of emergency shelters, interim housing, transitional housing, and the overall response to the homeless crisis. 1.Shelter Bed Capacity-The City will Identify the number of emergency shelter beds operational within the City, which will determine the number of emergency shelters beds still needed to meet the 60% threshold outlined by US District Judge, David Carter who approved a settlement agreement between the City of Los Angeles and homeless advocate plaintiffs. The threshold will serve as a guideline for purposes of enforcing anti-camping rules that would allow the City to clear homeless encampments from its parks, parking lots, and other public spaces. Example of Shelter Bed Needs Based on 2023 PITC 2023 Shelter Bed Need City’s Unsheltered 1017 60% Threshold Allowance 610 # of Active Shelter Beds 387 Remaining Shelter Bed Need 223 The City has identified potential zoning expansions to permit the development of emergency shelters, interim housing and transitional housing on City-owned properties using a streamlined ministerial approval process.  In addition, the City       Packet Pg. 512 1 3 5 4 proposes to allow temporary “pop” up emergency shelters to address the immediate need for shelter beds. This process is proposed to be temporary, administrative and permitted at the review and discretion of the Community Development Director and Housing Director. This approach is necessary in order to activate an immediate action plan that will visibly begin to remedy the high number of unhoused individuals throughout the city. 2. Homeless Outreach In February 2023, Staff released a Request for Proposal (RFP) in search of a qualified homeless outreach lead operator. In order to expand the reach of qualified candidates, the City used Planet Bids, which is a web-based vendor portal that ensures a streamlined procurement and electronic bidding process. Planet Bids also provides a secure and transparent format. To ensure that local agencies and non-profits were made aware of the City’s RFP release, notifications were sent out to the County’s Interagency Council on Homelessness (ICH) and the Central Valley Homeless Provider Network, which issued a County-wide mass email alert. There was a total of five (5) agencies/candidates who responded to the Homeless Outreach RFP and submissions were evaluated in mid-March. All candidates were required to demonstrate their ability to secure and maintain qualified staffing levels, highlight their experience working with unhoused individuals, particularly those who have underlying physical and/or mental health conditions, demonstrate their knowledge of trauma-informed care and “Housing First” practices and be able to quickly connect to the County’s Homeless Management Information System (HMIS). Two (2) agencies advanced to the final selection process (one local and one non- local) and on April 11, 2023, a tentative award letter was issued to the successful applicant, Hope the Mission (HTM), formally known as Hope of the Valley. It is staff’s recommendation that Council select HTM as the City’s new Homeless Outreach Operator. Hope the Mission (HTM) - A 501(c)(3) non-profit organization established in 2009, that began as a grassroots agency providing “boots to the ground” homeless outreach, shelter, and service connections to unhoused residents. HTM participated in a competitive bid process and outlined a comprehensive plan to provide city-wide street outreach to assist unhoused individuals HTM has nearly fourteen (14) years of experience providing supportive services to unhoused families and members of the Transitionally Aged Youth (TAY) community. HTM currently employees a staff of 600 and oversees a diverse portfolio of homeless housing projects that include six (6) tiny home villages, three (3) adult congregate shelters, one (1) men's recovery program, one (1) residential re-entry program, two (2) family residential shelters, two (2) navigation centers and a residential shelter for transitional-aged youth as well as various outreach programs throughout multiple counties. Staff       Packet Pg. 513 1 3 5 4 recommends Hope the Mission (HTM) be selected as the City’s new Homeless Outreach Operator. Through connections to social service programs that address housing, mental and physical health, employment, and education, HTM has served a total of 2,685 individuals in the year 2022. HTM has already begun collaborating and partnering with local homeless service providers within the City and has connected to the County’s HMIS system. Over the years, HTM’s success enabled the organization to obtain contracts in multiple jurisdictions including Orange County, Los Angeles County San Fernando Valley, the City of Ventura and most recently, the City of Victorville. HTM has the appropriate operational, procedural, and staffing infrastructure to ensure comprehensive and effective service provision, contract compliance, data management, outcome reporting, and fiscal management efficiently. HTM intends to prioritize a local workforce with lived experience who have first-hand insight into the development and provision of homeless related services. HTM has start-up operating reserves, which will allow the organization to set up shop, gather resources and initiate the hiring and training of workers to provide street level support in a quick and efficient manner. HTM will establish a dedicated homeless outreach phone line for the public and calls will be returned within 24 hours. HTM will also secure transportation vehicles to transport unhoused individuals as needed to various housing options. Homeless Outreach Team The outreach team will consist of eight (8) full-time employees (FTE): one (1) FTE Program Manager, two (2) FTE Peer Specialists, two (2) FTE Case Managers, two (2) FTE SUD counselors, and one (1) FTE Data Coordinator. Workers will be able to support substance use disorder services, mental health services, and engage with clients on a peer level. Outreach workers will be equipped with vehicles, phones, tablets, and client-related supplies that include food, water, hygiene kits, blankets, tents, emergency kits, and client clothing to provide the best engagement services. HTM plans to deploy its homeless outreach team 7 days a week to support the local community. HTM’s Homeless Outreach contract will go into effect approximately thirty (30) days from Council’s approval. 3.Interim Shelter - The City is in talks with local churches and property owners who have large buildings that could accommodate 30-50 unhoused individuals. Of the $12 million originally allocated to develop the interim housing unit portion of the campus it is anticipated that roughly $1.7 million will be available to help cover the lead operators fee to provide necessary services to unhoused individuals who accept interim shelter. Necessary services include case management, meals and wrap-around supportive services. It is unclear at this time if the City will use multiple sites or if a single large building can be secured. The City is looking to shelter 223 (60% threshold capacity)       Packet Pg. 514 1 3 5 4 unhoused individuals for seven (7) months. The City may also choose to use a mix of local motels to ensure the shelter bed capacity threshold is met during the project’s construction. The lead operator will enter into Memorandum of Understanding (MOU) Agreements as necessary to accomplish the task. Staff is recommending for the City to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center. 4. Mobile Showers + Laundry Services- Upon the Council’s approval, CAPSBC has agreed to operate a one-year Mobile Shower Project, which will help to destigmatize homelessness, address public health and safety concerns, and give unhoused individuals a sense of hope and renewed self-esteem. The mobile shower unit is 28 feet long and comes equipped with three (3) full-service restrooms (shower, sink, and toilet), one of which is 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 also has an onboard water tank that can easily be re-filled by a faucet or garden hose connection. The mobile shower unit can relocate as needed to different areas of the City; however, the unit will typically remain in City parks where it can connect to the City’s water system. A vacuum truck is needed to empty the trailer and non-city staff (not volunteers) will be trained in this process. CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week. Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers, and one (1) hour for cleanup. CAPSBC will partner with a minimum of four (4) local community-based organizations (CBO’s) within the City of San Bernardino through a Memorandum of Understanding (MOU) Agreement that would allow CAPSBC to setup the mobile shower unit on CBO’s property and access water for the showers. CAPSBC will market the mobile showers on their company website and create flyers that will be dispersed to different organizations that serve the homeless community. CBO’s will also help to spread the word through their company websites as well. Should there be a need to extend the project beyond its one-year projection, the City could use future Housing and Urban Development entitlement funds (Community Development Block Grant & Emergency Solutions Grant) to continue services until permanent solutions are established or until the need no longer exists. The Mobile Shower Agreement shall become effective upon Council’s approval. 5.SB HOPE Campus- The City is moving forward with the development of its 224- bed, low barrier, non-congregate navigation center also known as SB HOPE Campus. The acronym HOPE stands for Homeless Education Prevention and Education. Phase I of the campus will be located at 796 6th Street and will provide interim housing and wrap-around supportive services service to homeless men and women. The campus will have a pet-friendly environment and be equipped with administrative offices, counseling offices, classrooms, intake area, multi-       Packet Pg. 515 1 3 5 4 purpose room, communal dining area, kitchen, restrooms, and an area for personal storage bins. The initial development of the interim housing units was estimated between 12-18 months to complete, but with an experienced developer, the project can be completed in 7 months: •2 months to design and set up infrastructure. •1 month to obtain permits-City can streamline approval process. •4 months to construct. Although the City will be applying for Homekey funds, the City is in a position to move forward with development of the campus using ARPA funds. Traditionally, the use of federal funds requires Cities to enter into a competitive bid process and release a Request for Proposal (RFP). This process can be time consuming and federal guidelines do allow for noncompetitive procurement under specific circumstances. Title 2 of the Code of Federal Regulations (2 CFR) Part 200 establishes uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities. Exemptions to the competitive bid process can be found under 2 CFR § 200.320 (c), which states that noncompetitive procurement can only be awarded if one or more of the following circumstances apply: 2 CFR § 200.320 (c) Noncompetitive procurement 1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section) 2. The item is available only from a single source; 3. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; 4. The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non- Federal entity; 5. After solicitation of a number of sources, competition is determined inadequate. The City declared a Homelessness State of Emergency on February 1, 2023, and thereby qualifies for noncompetitive procurement under 2 CFR § 200.320 (c)(3): The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation. Estimate Cost -The delivery and set-up cost for SB HOPE Campus is estimated to be $6.5 million and includes the cost for buildings, materials, and amenities. Start-up expenses related to furnishings and appliances is estimated to cost $400,000. Annual operations are estimated at $3.5 million, which includes a wrap-around supportive       Packet Pg. 516 1 3 5 4 service component. Altogether, Year 1 cost including development, operation and start-up is estimated at $10.3 million. In Year 2, the cost drops down to $3.5 million, which covers operations & maintenance. It is important to note that according to the 2020 San Bernardino County Cost Study, chronically homeless individuals cost Inland Empire cities $31,873 per person per year just to manage. The cost to shelter and provide essential services to unhoused City residents at SB HOPE Campus is only $17,500 per person per year. Project Homekey Grant 3.0 As per the requirements of the State’s Housing and Community Development (HCD), local municipalities or county government agencies can apply for Homekey grant funds. To this end, staff is seeking Council’s approval to jointly apply for Homekey Grant 3.0 with Hope the Mission (HTM) to develop the City’s SB HOPE Campus. HTM is a leader in the development, provision and oversight of shelter, housing and supportive services for unhoused individuals and was successfully awarded three (3) Homekey 2.0 Projects this last award season. Due to the City’s homeless crisis and level of urgency Staff is also recommends that Council approves the following: •Approve a direct contract (Professional Service Agreement) with HTM to act as Developer and Lead Operator of the City’s navigation center, hereby referred to as “SB HOPE Campus”. The City has declared a Homelessness State of Emergency and requires help from an agency with a proven track record of successful developments and management of homeless housing projects including shelters and navigation centers. Instead of engaging in the traditional time-consuming procurement process, it is recommended that the City stand on its Homelessness State of Emergency Declaration, which allows the City Manager the ability to take certain administrative actions to streamline the provision of shelter and expedite responses to homelessness. •Approve a non-competitive contract with HTM to oversee the City’s interim shelter program. It will take the City several months to build its 224-bed navigation center and in the meantime, the unhoused will need a place to go. Interim shelter is an essential tool that will temporarily house homeless individuals while allowing the City the ability to resume its anti-camping ordinances. HTM has the experience and capacity to develop the City’s SB HOPE Campus in seven (7) months versus twelve (12) to eighteen (18) months as previously reported. This faster pace development can be accomplished because HTM’s has an in-house team that includes an experienced architect and project manager who both have had success in developing multiple homeless housing projects throughout various Counties. As previously mentioned, HTM has developed and currently oversees a diverse portfolio of homeless housing projects that include six (6) tiny home villages, three (3) adult congregate shelters, one (1) men's recovery program, one (1) residential re-entry program, two (2) family residential shelters, two (2) navigation centers and a       Packet Pg. 517 1 3 5 4 residential shelter for transitional-aged youth. It is important to note that HTM has the proven ability to be both responsive and flexible to the City’s needs as evidenced in the organization’s ability to adjust to innovative and adaptive technologies. HTM’s housing inventory includes a rich array of alternative construction methods, and each project was specifically built to meet the unique need of a community: •Motel Conversions •Boxable Community (Modular Units) •Tiny Homes •Pallet Shelters •Sprung Structures •Repurposed Warehouse •Congregate/ Non-Congregate Facilities •Recuperative Care Facilities •rooms HTM built the first Boxable community in LA County, the first Recuperative Care Facility in the San Fernando Valley and all of its three (3) Project Home Key 2.0, sites built in the City of Los Angeles and Los Angeles County were the first to be completed and built within budget finishing ahead of any other Homekey project. It is because of HTM’s proven track record that Staff recommends a direct, non-competitive contract with HTM to develop and operate the City’s SB HOPE Campus. The City’s application of Homekey 3.0 will help to offset the cost for a 224-bed, non- congregate, low barrier, facility that will provide interim housing and wrap-around support services for unhoused individuals. The City is seeking $20 million for development. The aim of this project is to facilitate housing options for residents, provide case management to enhance their housing stability and autonomy, and assist them in moving towards permanent housing. Hope the Mission’s role would be as follows: •Conduct community outreach and engagement activities to ensure the facility is responsive to the needs of the community. •Obtain all necessary permits and approvals from local, state, and federal agencies. •Develop a detailed design and engineering plan for the modular interim housing units, central building, onsite supportive services, and tiny homes. •Conduct site preparation activities, such as grading, excavation, and utility installation, based on the design and engineering plan. •Installation of essential services, such as water, sewer, electrical, and heating/cooling systems, based on the design and engineering plan. •Construct a central building to house administrative offices, case management services, and onsite supportive services, based on the design and engineering       Packet Pg. 518 1 3 5 4 plan. •Provide or enter into a Memorandum of Understanding (MOU) Agreement with local agencies to provide onsite supportive services, such as job training/placement, housing navigation, Substance abuse counseling and case management. •Conduct a final inspection and approval of all construction deliverables and services. 6.Amended Municipal Code-The City has already amended its Municipal Code to adopt Appendix P of the California Building Code, which applies to emergency housing and emergency housing facilities (onsite common amenities i.e., kitchens areas, toilets, showers, etc.). 7.Streamlined Application Process- The City will create an online portal located on the City’s website (housing@sbcity.org) to screen potential emergency shelter, interim housing and transitional housing operators, streamline the application process and improve engagement. a. The City is looking to connect with providers who fall under the following categories: government agency, religious institution, non-profit charitable organization, or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless, and which meets all applicable state health and safety requirements. 8.Establish Shelter Operator Protocols-The City can establish protocols that require providers to do the following: (1) Register with the City of San Bernardino by submitting "Cold Weather Temporary or Emergency Shelter Application" online via the City's website; (2) Comply with all local, state, and federal requirements that apply to the permitted use of their property while operating a shelter for the homeless pursuant to this section; (3) Comply with the "Cold/Wet Weather Temporary Shelter" requirements promulgated by the County’s Fire Department; (4) Provide written notification to the owners of properties abutting the subject property, prior to operating a shelter; (5) Submit a monthly status report (I.e., number of individuals sheltered, assisted with vital services and connected to housing) to improve accountability; (6) Provide public communication and messaging to educate the public about homelessness, the City’s efforts to address homelessness and engage the unhoused population in dialogue about the City’s efforts to address homelessness; and (7) Agree to routine monitoring by Code Enforcement Officers to ensure standards are being met. 9.Compliance-Code Enforcement Officers will be tasked to oversee emergency shelter compliance matters on new shelters, which include periodic site visits and verification that new shelters are operating in accordance with health and safety standards set by the Department of Public Health. Existing shelters fall under the guidance of the Department of Public Health. The Code Enforcement Division       Packet Pg. 519 1 3 5 4 intends to hire five (5) additional Code Enforcement Officers to help with city-wide code-related activities that includes new shelter oversight. Further information related to the cost of hiring additional Code Enforcement Officers will be forthcoming. a.Code Enforcement does not govern shelters, but they can identify and follow-up on issues or concerns, perform routine visits and report health and safety violations to the Department of Public Health. 10.Emergency Shelter Zone Overlay- On December 6, 2010, City Council adopted Ordinance No. 1342 which created the Emergency Shelter Overlay District in response to the need for available and affordable emergency shelter sites. The effect of the Emergency Shelter Overlay Zone Maps (Attachment 1) was to define areas of the city where emergency shelters would be permitted with administrative approval and to add development standards within those designated zones. The Emergency Shelter Overlay zone delineates six areas of the city for development of emergency shelters within the Commercial Heavy (CH), Light Industrial (IL) and Office Park Industrial (OIP) zones. Staff developed a timeline evaluation (Table 1) which identifies a streamlined processing procedure for Emergency Shelter development applications within the six approved Emergency Shelter Overlay areas of the city. This table also delineates the processing procedure and timeline for emergency shelters in other areas of the city zoned to allow Emergency Shelters through a discretionary process. Table 2 identifies the significant amount of time saved under the streamlined ministerial process. Within the Office Park Industrial (OIP), Light Industrial (IL) and Commercial Heavy (CH) zones, an administrative approval is required as outlined by the Emergency Shelter Overlay Zone. This process is proposed to be streamlined through the Housing and Planning Divisions, to require 45 to 60 days for review and approval. Currently, this process requires three to six months. Projects within the Industrial Heavy (IH) and Industrial Extractive (IE) zones require Development Review Committee approval per the provisions contained in the City’s development code. The Development Review Committee is comprised of Fire, Public Works, Planning, Building & Safety and Water Department staff. Although the IH and IE zones are not within the Emergency Shelter Overlay, this process is proposed to be streamlined to require 45 to 75 days for review and approval. Currently, this process requires three to six months. Applications for Emergency Shelters proposed in Residential Medium (RM), Residential Medium High (RMH), Residential High (RH) and Commercial Regional Downtown (CR-2) zones require review through a Conditional Use Permit which is also proposed to have a streamlined timeline of 75-90 days for review and approval. Currently, this process requires six to nine months.       Packet Pg. 520 1 3 5 4 Table 1 Table 2 11.Community Partners- The City continues to collaborate with community partners to assist the homeless community as well as individuals at risk of becoming homeless. The City’s Homeless Services Coordinator is building relationships with local service providers to improve emergency shelter access, access to permanent housing, food stability, showers and street medicine. Below       Packet Pg. 521 1 3 5 4 is a list of active City partners and the services they provide. This is not an exhaustive list, but it highlights the level of services offered to unhoused individuals. This list does not include the City’s new Homeless Outreach Provider, who will soon go online once their contract is approved by Council. •Lutheran Social Services-Emergency Shelter, Supportive Services •Mary’s Mercy Center-Emergency Shelter, Rental Assistance •Salvation Army-Shelter for Families with Children, Street Outreach, Supportive Services •Loma Linda University Church-Mobile Showers, Mobile Clinic, Supportive Services •Independent Trinity Church-Mobile Showers, Meals, Clothing •Lestonic-Stationary Free Clinic and Street Medicine Mobile Unit (focus is on Perris Hill Park) •Health Care in Action-Street Medicine (Free Health Screenings, Assistance with Medications, •Community Action Partnership-Rental Assistance, Utility Assistance, Motel Vouchers, Mobile Showers •Catholic Charities- Rental Assistance, Bridge to Placement, Community Resources •San Bernardino County HOPE Team-Homeless Outreach •San Bernardino County InnROADs-Mobile Unit providing Mental Health Services, Medication, Counseling and Connection to Housing •Department of Aging & Adult Services- Assist Seniors with Housing and Relocation Expenses •Keys Non-Profit-Master Leasing/Housing Support •Lighthouse Social Services-Family Stabilization, Housing, Supportive Services •Operation Grace-Family Shelter, Transitional Housing, Support Services •The Way Outreach-Transitional Housing Support, Meals, Job Training, Support Services •US Vets-Housing Assistance and Support Services for Veterans •Time for Change-Housing and Supportive Services for Women with Children •Windsor Clinic-24 hr. Walk-in-Crisis Clinic •Inland Fair Housing & Mediation Board •Legal Aide Society of San Bernardino •Nehemiah Charitable Fund Reallocation of ARPA Funds On December 7, 2022, the Mayor, and City Council approved $900,000 in ARPA funds towards the predevelopment of student housing with San Bernardino Valley College (SBVC) through an anticipated Homekey partnership and approved $150,000 in American Rescue Plan Act (ARPA) funds to create a Relocation Assistance Program to help disenfranchised residents residing in the American Sports University (ASU) located at 340 W 4th Street. Staff is asking       Packet Pg. 522 1 3 5 4 that any and all remaining ARPA funds be reallocated for the following reasons: a. SBVC recently determined that it not financially capable of partnering with the City on a Homekey Grant to build student housing and has rescinded the City’s award of $900,000 in ARPA funds. b. Staff were able to verify and assist fifty-one (51) ASU residents through the Relocation Assistance Program, providing financial assistance in the amount of $1500 per person/household. Of the program’s initial budget of $150,000, $73,500 remains. The remaining ARPA funds from both projects total $973,500. Staff request the entire $973,500 be reallocated towards interim housing for unhoused individuals during the City’s development of SB HOPE Campus. 2021-2025 Strategic Targets and Goals The application of Homekey funding, the reallocation of ARPA funds to address homelessness in the City, the expansion of mobile showers, the Professional Service Agreement for Homeless Outreach and a direct service contract to establish a developer and lead operator for SB HOPE Campus will help to improve the lives of unhoused residents and alleviate the negative impact homelessness has on the community, which aligns with Strategic Target and Goals No. 3, Improved Quality of Life. •Enhances quality of life service and public safety models to benefit all residents. •Minimizes the risk of litigation from homeless advocates. •The ability to clear up parks and public spaces thereby Improving the City’s appearance, cleanliness, and attractiveness. Fiscal Impact There is no fiscal impact to the General Fund with this item. The reallocation of ARPA funds is needed to better align with the City’s response to its Homeless Crisis. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes; 2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project; 3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus);       Packet Pg. 523 1 3 5 4 4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding; 5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and 6. Adopt Resolution No. 2023-076 the City of San Bernardino Homelessness State of Emergency Implementation Plan. Attachments Attachment 1 2023 SBC Point in Time Count Attachment 2 Resolution 2023-075Homekey with Hope the Mission Attachment 3 CAPSBC Mobile Shower Agreement Attachment 4 Homeless Street Outreach PSA Attachment 5 SB HOPE Campus Council Update Attachment 6 Emergency Shelter Overlay Maps Attachment 7 Resolution No.2023-076 to Adopt Homelessness State of Emergency Implementation Plan Attachment 8 Glossary of Terms Ward: All Wards Synopsis of Previous Council Actions: 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 $24.5 million in American Rescue Plan Act (ARPA) funds to help mitigate homelessness. February 1, 2023 Mayor and City Council declare a Homelessness State of Emergency       Packet Pg. 524       Packet Pg. 525 Acknowledgements The San Bernardino County Homeless Partnership wishes to thank all the individuals and organizations that contributed to the preparation, implementation, and success of the 2023 Point-In-Time Count and Subpopulation Survey. Such an endeavor would not be possible without the collaboration and efforts of volunteers, community groups, faith- and community-based organizations, county departments, city representatives and staff, homeless service providers, law enforcement and elected officials. Your hard work, time, and dedication to ending homelessness are greatly appreciated.  Special thanks to the 583 community volunteers from across San Bernardino County who canvassed areas iden�fied as “green count zones” the morning of January 26, to complete the 2023 Point-In-Time-Count and Subpopula�on Survey.  Special thanks to the following agencies and community organiza�ons that contributed staff �me, support and resources, and office space for planning, training, and development ac�vi�es to help make the 2023 Point-In-Time Count and Subpopula�on Survey a success: Church for Whosoever – Apple Valley Church of Latter-Day Saints – Redlands City of Adelanto City of Big Bear Lake City of Barstow City of Chino City of Chino Hills City of Colton City of Fontana City of Grand Terrace City of Hesperia City of Highland City of Loma Linda City of Montclair City of Needles City of Ontario City of Rancho Cucamonga City of Redlands City of Rialto City of San Bernardino City of Twentynine Palms City of Upland City of Victorville City of Yucaipa Community Action Partnership ESRI Family Assistance Program Good Shepherd Lutheran Church – Yucaipa Inland Empire Health Plan – IEHP Knowledge & Education for Your Success – KEYS Mercy House – Ontario Morongo Basin Haven Mountain Homeless Coalition New Hope Village Office of Homeless Services Redlands Charitable Resources Coalition San Bernardino County Administrative Office – Communications Team San Bernardino County Aging and Adult Services San Bernardino County Board of Supervisors San Bernardino County Children and Family Services San Bernardino County Community Revitalization San Bernardino County Department of Behavioral Health – InnROADS San Bernardino County Department of Public Health San Bernardino County Human Services San Bernardino County Human Resources San Bernardino County Information Services Department San Bernardino County Library San Bernardino County Probation Department San Bernardino County Program Development Division San Bernardino County Purchasing Department San Bernardino County Sheriff’s Department San Bernardino County Sheriff’s Department – Homeless Outreach Proactive Enforcement (HOPE) Team St. Richards Episcopal Church – Skyforest       Packet Pg. 526 Step Up on Second Social Work Action Group (SWAG) Town of Apple Valley Town of Yucca Valley United States Veterans Administration – Loma Linda Healthcare System Victor Valley Resource Center Water of Life Community Church/Citylink PITC City and Agency Leads Alexis Salcedo Alma Hernandez Ana Ordonez Annette Karnes Antoinette (Netty) Jackson Ashley Esquivel Barrie Owens Brenda Lopez Brent Rolf Caleb Enriquez Christina Rudsell Christopher Giunta Cynthia Alvarado Darryl Evey David Rabindranath Debra Breidenbach-Sterling Deputy Branden Davault Deputy Mike Jones Deputy Pat Rassmussen Deputy Vicky Whitworth Deputy Zakkary Planz Detective C. Delaney Erika Lewis-Huntley Geovanni Quiroz Jhocelyn Diaz-Reyes Jobi Wood Kellie Whitt Leander Rodriguez Lieutenant Raul Fileto Lois Levitt Maribel Hernandez Mario Flores Marlandra Johnson Matt Hickey Melinda Sayre Michelle Meza Misti Hunt Natalie Komuro Officer Robert Hargett Sheree Lewis Silvia Urenda Sue Walker Tim Johnson Tom Hernandez Tom Ingles Tricia Gonzales Vanessa Cabrera Wendell Wilson       Packet Pg. 527 4 Special thanks to the San Bernardino County Information Technology Department (ITD) for their expertise and guidance concerning the design and implementation of the homeless count mobile app, providing targeted mapping, and for data cleaning. Brent Rolfe, Systems Development Team Leader Lindsay King, GIS Business System Analyst Natalie M. Campos, Business System Analyst III Special thanks to our research consultants, the Institute for Urban Initiatives, for their expertise and guidance through the entire Point-In-Time Count and Subpopulation Survey process, including methodology development and implementation, planning coordination and guidance, and production of the final report. Joe Colletti, PhD, Executive Director Sofia Herrera, PhD, Research Director Thelma Herrera, Graphic Designer Christy Hamilton, Research Project Manager       Packet Pg. 528 5 Table of Contents Page Executive Summary 6 Background Information 11 When was the Count conducted? 11 Who was counted? 11 Who was not counted? 12 Who carried out the Count? 13 Methodology 14 Unsheltered Count and Survey 14 Sheltered Count 15 Unsheltered Homelessness 16 Sheltered Homelessness 23 Key Findings 25 Appendix A: 26 Findings for Each Jurisdiction in Which at Least 50 Adults were counted as Unsheltered Appendix B: 91 Unsheltered Count Survey       Packet Pg. 529 6 Executive Summary There were 4,195 adults and children who were counted as homeless during the 2023 Point-in- Time Count and Survey. The previous point-in-time homeless count and survey was completed in 2022 during which 3,333 persons were counted. A comparison of last two counts reveals that • 862 more persons were counted in 2023, which represents an increase of 25.9%; • 587 more persons were counted as unsheltered in 2023 when compared to the unsheltered count in 2022, which represents an increase of 24.6%; and • 275 more persons were counted as sheltered in 2023 when compared to the sheltered count in 2022, which represents an increase of 29.1%. Table 1. Comparison of 2022 and 2023 Homeless Counts Sheltered Unsheltered Total 2022 Homeless Count 944 2,389 3,333 2023 Homeless Count 1,219 2,976 4,195 Difference: +275 (+29.1%) +587 (24.6%) +862 (25.9%) Regarding sheltered homelessness, HUD states that • CoCs must count all individuals or families who meet the criteria in paragraph (1)(ii) of the homeless definition in 24 CFR 578.3. This includes individuals and families “living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals)” on the night designated for the count. This includes individuals residing in Safe Haven projects. Regarding unsheltered homelessness, HUD states that • CoCs must count all individuals or families who meet the criteria in paragraph (1)(i) of the homeless definition in 24 CFR 578.3. This includes individuals and families “with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground” on the night designated for the count. Rapid Re-Housing (RRH) assisted households who are       Packet Pg. 530 7 still unsheltered on the night of the count (e.g., staying in an encampment and being assisted by an RRH project to obtain housing) must be included as part of the unsheltered count. The following chart shows that the number of persons counted as unsheltered and sheltered in 2018 was 2,118 and 4,195 in 2023, which represents an increase of 2,077 persons or 98.1%. Chart 1. Persons Counted 2018 - 2023 The following table provides a breakdown of the total number of sheltered and unsheltered persons counted in 2023 by jurisdiction. Table 2. Total Number of Sheltered and Unsheltered Adults and Children by Jurisdiction Jurisdiction Sheltered Unsheltered Total Shelter Transitional Housing Adelanto 0 13 22 35 Apple Valley 3 0 32 35 Barstow 42 24 88 154 Big Bear City/Sugarloaf 0 0 2 2 Big Bear Lake 5 13 18 36 Bloomington/Crestmore 0 0 25 25 Blue Jay 0 0 3 3 Cajon Canyon 0 0 4 4 Cedarpines Park 0 0 1 1 Chino 0 0 28 28 2,118 2,607 3,125 3,333 4,195 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 2018 2019 2020 2022 2023 Total Number of Persons Counted as Homeless       Packet Pg. 531 8 Chino Hills 0 0 4 4 Colton 62 0 150 212 Crestline 2 0 10 12 Devore 0 0 5 5 Fontana 0 0 240 240 Grand Terrace 0 0 6 6 Hesperia 5 0 59 64 Highland 25 0 61 86 Joshua Tree 0 0 42 42 Lake Arrowhead 2 0 2 4 Landers 0 0 2 2 Lenwood 0 0 0 0 Loma Linda 0 0 17 17 Lytle Creek 0 0 0 0 Mentone/Crafton 2 0 6 8 Montclair 0 0 71 71 Morongo Valley 0 0 0 0 Muscoy 0 0 13 13 Needles 0 0 6 6 Ontario 69 11 107 187 Phelan/Pinion Hills 0 0 4 4 Rancho Cucamonga 0 0 70 70 Redlands 29 51 244 324 Rialto 0 0 70 70 Running Springs 0 0 3 3 San Bernardino 276 209 1,017 1,502 Skyforest 0 0 1 1 Twentynine Palms 0 0 75 75 Twin Peaks 0 0 5 5 Upland 0 48 32 80 Valley of Enchantment 0 0 6 6 Victorville 219 71 317 607 West Cajon Valley 0 0 0 0 Yermo 0 0 0 0 Yucaipa 8 0 22 30 Yucca Valley 23 7 80 110 Countywide or Unknown 0 0 6 6 Total: 772 447 2,976 4,195       Packet Pg. 532 9 Table 3 notes that more than three-fourths (76.9%) or 3,226 of the 4,195 homeless adults and children were counted within seven cities that include Barstow, Colton, Fontana, Ontario, Redlands, San Bernardino, and Victorville. These seven cities accounted for 2,163 nearly three- fourths (72.7%) or 2,163 of the total unsheltered population of 2,976 and 1,063 or 87.2% of the 1,219 persons counted in shelters and transitional housing. Table 3. Jurisdictions with Largest Number of Homeless Persons Jurisdiction Sheltered Unsheltered Total Shelter Transitional Housing County 772 447 2,976 4,195 Barstow 42 24 88 154 Colton 62 0 150 212 Fontana 0 0 240 240 Ontario 69 11 107 187 Redlands 29 51 244 324 San Bernardino 276 209 1,017 1,502 Victorville 219 71 317 607 Total: 697 366 2,163 3,226 Table 4 compares the total number of unsheltered persons, sheltered persons, and the total number counted in 2022 to 2020 for incorporated and various unincorporated areas. Table 4. 2022 Comparison of Total Number of Persons Counted in 2022 to 2023 by Jurisdiction Incorporated and Unincorporated Areas Total Number of Unsheltered Persons Total Number of Sheltered Persons Total Number 2022 2023 Difference 2022 2023 Difference 2022 2023 Difference # # # %* # # # %* # # # %* Adelanto 7 22 +15 * 18 13 -5 -28 25 35 +10 +40 Apple Valley 26 32 +6 +23 1 3 -2 -200 27 35 +8 +30 Barstow 54 88 +34 +63 49 66 +17 +35 103 154 +51 +50 Big Bear City/ Sugarloaf 1 2 +1 +100 0 0 0 0 1 2 +1 +100 Big Bear Lake 12 18 +6 +50 25 18 -7 -28 37 36 -1 -3 Bloomington/ Crestmore 11 25 +14 +127 0 0 0 0 11 25 +14 +127 Blue Jay 0 3 +3 * 0 0 0 0 0 3 +3 *       Packet Pg. 533 10 Cajon Canyon 0 4 +4 * 0 0 0 0 0 4 +4 * Cedarpines Park 0 1 +1 +100 0 0 0 0 0 1 +1 +100 Chino 23 28 +5 +22 0 0 0 0 23 28 +5 +22 Chino Hills 4 4 0 0 0 0 0 0 4 4 0 0 Colton 199 150 +49 +25 0 62 +62 * 199 212 +13 +7 Crestline 13 10 -3 -23 0 2 +2 +200 13 12 -1 -8 Devore 0 5 +5 * 0 0 0 0 0 5 +5 * Fontana 149 240 +91 +61 7 0 -7 * 156 240 +84 +54 Grand Terrace 1 6 +5 * 0 0 0 0 1 6 +5 * Hesperia 39 59 +20 +51 14 5 -9 -64 53 64 +11 +21 Highland 82 61 -21 -26 0 25 +25 * 82 86 +4 +5 Joshua Tree 28 42 +14 +50 0 0 0 0 28 42 +14 +50 Lake Arrowhead 1 2 +1 +100 0 2 +2 +200 1 4 +3 * Landers 4 2 -2 -50 0 0 0 0 4 2 -2 -50 Lenwood 0 0 0 0 0 0 0 0 0 0 0 0 Loma Linda 9 17 +8 +89 0 0 0 0 9 17 +8 +89 Lytle Creek 0 0 0 0 0 0 0 0 0 0 0 0 Mentone/Crafton 0 6 +6 * 0 2 +2 +200 0 8 +8 * Montclair 37 71 +34 +92 0 0 0 0 37 71 +34 +92 Morongo Valley 0 0 0 0 0 0 0 0 0 0 0 0 Muscoy 13 13 0 0 0 0 0 0 13 13 0 0 Needles 9 6 -3 -33 0 0 0 0 9 6 -3 -33 Ontario 105 107 +2 +2 88 80 -8 -9 193 187 -6 -3 Phelan/Pinion Hills 1 4 +3 * 0 0 0 0 1 4 +3 * Rancho Cucamonga 47 70 +23 +49 0 0 0 0 47 70 +23 +49 Redlands 99 244 +145 +146 85 80 -5 -6 184 324 +140 +76 Rialto 70 70 0 0 0 0 0 0 70 70 0 0 Running Springs 7 3 -4 -57 0 0 0 0 7 3 -4 -57 San Bernardino 992 1,017 +25 +3 358 485 +127 +35 1,350 1,502 +152 +11 Skyforest 0 1 +1 +100 0 0 0 0 0 1 +1 +100 Twentynine Palms 14 75 +61 * 1 0 -1 -100 15 75 +60 * Twin Peaks 0 5 +5 * 0 0 0 0 0 5 +5 * Upland 37 32 -5 -14 52 48 -4 -8 89 80 -9 -10 Valley of Enchantment 0 6 +6 * 0 0 0 0 0 6 +6 * Victorville 224 317 +93 +42 231 290 +59 +26 455 607 +152 +33 West Cajon Valley 0 0 0 0 0 0 0 0 0 0 0 0 Yermo 0 0 0 0 0 0 0 0 0 0 0 0 Yucaipa 11 22 +11 +100 0 8 +8 * 11 30 +19 +173 Yucca Valley 42 80 +38 +90 15 30 +15 +100 57 110 +53 +93 Countywide** 18 6 -12 -67 0 0 0 0 18 6 -12 -67 Total: 2,389 2,976 +587 +25 944 1,219 +275 +29 3,333 4,195 +862 +26 *percentages are only provided for differences that were 200% or less. **includes Domestic Violence survivor programs.       Packet Pg. 534 11 Background Information The U.S. Department of Housing and Urban Development (HUD), as part of its requirements for local Continuums of Care (CoCs) to continue to receive continuum of care funding for homeless persons, requires CoCs to conduct “one-day point-in-time” sheltered and unsheltered homeless counts during the last 10 days of January. The CA-609 San Bernardino City and County CoC is one of nearly 400 jurisdictions nationwide that submit an annual application to HUD for continuum of care funding. HUD requires CoCs to conduct a sheltered count every year and an unsheltered count every other year. The San Bernardino City and County CoC conducts an annual unsheltered count as do more than half of California’s 44 CoCs. When was the count conducted? The unsheltered homeless count was conducted on Thursday, January 26, 2023, and began at 6 a.m. The sheltered count included residents of shelters and transitional housing programs throughout the county who slept in these facilities during the night of January 25 through the early morning of January 26. HUD allows counting in hard-to-reach and remote places to continue up to seven days after the count as long as persons are asked if they were homeless on the day of the count and a unique identifier is used to prevent duplication. A limited amount of counting occurred during the seven days following the count in a few hard-to-reach and remote places and other places where counting did not take place because of various reasons. Who was counted? Per HUD’s instructions, a person was considered homeless, and thus counted, only when they fell within the HUD-based definition by residing in one of the places described below: • In places not meant for human habita�on, such as cars, parks, sidewalks, and abandoned buildings; • In an emergency shelter; and • In transi�onal housing for homeless persons. Each person who was counted was also asked a series of survey questions that ensured that all HUD required subpopulation data was collected that included adults with: • HIV/AIDS; • Serious mental illness; and       Packet Pg. 535 12 • Substance use disorders. Subpopulations also included: • Families; • Chronically homeless families and individuals; • Veterans; and • Youth age 18 – 24. Several questions to gather local desired information were also asked and included: • In what city did you first become homeless? • In what city are you living now? • Did you become homeless for the first �me during the past 12 months? • Have you been released from prison or jail during the last 12 months? • How much is your monthly income? Who was not counted? Per HUD’s instructions, a person was not considered homeless if the person resided in one of the following places noted below: • Medical facili�es, such as hospitals, psychiatric facili�es, and nursing homes; • Jails, prisons, or juvenile deten�on facili�es; • Chemical dependency facili�es, such as substance use treatment facili�es and detox centers; • Foster care homes or foster care group homes. Also, per HUD’s instructions, children identified by McKinney-Vento Homeless Coordinators at schools as homeless should not be counted. Children may be included in the count if they live in an emergency shelter or transitional housing program, or if they are unsheltered. Lastly, HUD does not consider persons who are “doubled up,” or persons who are “near homelessness” to be homeless but considers them to be at risk of becoming homeless. Thus, such persons were not included in the homeless count. San Bernardino County, like many other counties, has a substantial number of households that are at risk of becoming homeless. The Census Bureau noted that 13.2 percent or approximately 110,000 households (consisting of approximately 333,000 residents) in the county were living at or below the poverty level as reported in the 2022 American Community Survey. Many of these persons can become homeless because of social structural issues such as increases in rent, loss of jobs, and rising health care costs. In addition, personal experiences such as       Packet Pg. 536 13 domestic violence, physical disabilities, mental illness, and substance abuse can cause members of a low-income household or an entire household to become homeless. Often, one or more of these causes factor into a household’s homelessness experience. Who carried out the count? The homeless count and subpopulation survey was a joint effort of the San Bernardino County Homeless Partnership, the San Bernardino County Office of Homeless Services, and the Institute for Urban Initiatives. More than 800 community volunteers were recruited to execute the count and subpopulation survey. As noted in the Acknowledgements section of this report, there were 38 agencies, plus 24 cities and towns, that contributed staff time and office space for the training and deployment of counters and there were 24 law enforcement agencies that provided their time, knowledge, and expertise regarding locations of homeless persons. Also, there were nearly 16 agencies and county departments that helped with the planning process, including the San Bernardino County Innovation and Technology Department (ITD), which created maps to guide counters. The San Bernardino County Homeless Partnership (SBCHP) was formed to provide a more focused approach to issues of homelessness within San Bernardino County. Its primary purpose is to develop a countywide public and private partnership and to coordinate services and resources to reduce homelessness in San Bernardino County. The partnership consists of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and federal, state, and local governments. SBCHP was developed to promote a strong collaboration between agencies to direct the planning, development, and implementation of the county’s strategy to prevent and reduce homelessness. The partnership provides leadership in creating a comprehensive countywide network of service delivery to homeless and near-homeless households by facilitating better communication, planning, coordination, and cooperation among all entities that provide services and/or resources to relieve homelessness. The San Bernardino County Office of Homeless Services (OHS) serves as a “clearinghouse” of homeless issues for all county departments. Any homeless issues encountered by county staff can be referred to this office for resolution. OHS staff plays a vital role in the San Bernardino County Homeless Partnership as the administrative support unit to the organization. OHS ensures that SBCHP’s vision, mission and goals are carried into effect. The Hub for Urban Initiatives consists of several community- and faith-based institutes that respond to the economic, housing, and social needs of neighborhoods, cities, and counties from local community, regional, national, international, and faith-based perspectives. Urban Initiatives has completed over 100 assessments for local government and private organizations throughout Southern California that have focused on affordable housing, business development and education for micro-businesses, fair housing, homelessness, migrant farming, and street vending.       Packet Pg. 537 14 Methodology Unsheltered Count and Survey To conduct the count, Esri’s ArcGIS software platform was used. The 2023 Homeless Point-in- Time Count was a configuration of Survey 123 for ArcGIS and Operations Dashboard for ArcGIS that was used by the county’s Office of Homeless Services in partnership with the Innovation and Technology Department to conduct the 2023 homeless count and survey. The Homeless Point-in-Time Count efforts included the following applications: • Homeless count survey, which included nearly 30 questions to meet HUD requirements concerning the collection of data for designated subpopulations and to meet local requests for additional information about the homeless population; • Homeless count dashboard, which was used to monitor results of the point-in-time count in real time; and • Homeless count results application that provided for instant viewing of data and tables that detailed point-in-time results. A digital survey form was designed to simplify the surveyor’s experience; only relevant questions were displayed based on the answers input, eliminating the need for surveyors to devote time and effort to determine which questions to ask, and resulting in a streamlined surveying experience. Additional logic was built into the form to perform calculations behind-the-scenes. For example, the form combined the answers from a subset of questions to determine whether the respondent met HUD’s definition of chronically homeless and calculated the result instantly as the survey was completed. Extensive testing was conducted to ensure the various combinations of factors were all successfully calculated to a correct result. These calculations allowed for real-time monitoring of such metrics as the count was taking place using an Operations Dashboard, ultimately eliminating the need for the calculations after the count was completed. An added benefit of using digital surveys was the capture of location information. When a survey was conducted, the global positioning system (GPS) location of the surveyor’s mobile device was captured, providing the geographic location of where the survey took place, and opening up opportunities for mapping and analyses not possible in previous years. (For safety and privacy reasons, location information was not captured for surveys of sheltered homeless persons.) Upon completion of the count, the data were examined and scrubbed to remove any invalid records, such as practice surveys submitted before the official start of the count. Steps were also taken to ensure that duplicate records – instances where the same individual was surveyed more than once in the same location – were identified and removed.       Packet Pg. 538 15 Closer monitoring of undercounted areas As previously noted, the ESRI Survey 123 app provided the ability for a homeless count dashboard, which was used to monitor results of the Point-in-Time Count in real-time. This provided instant viewing of data points on the dashboard in the command center during the time of the count. Each data point represented a household counted. During the count, if data points did not appear in areas where homeless persons were known to live, volunteers were sent to the area to count, and persons counted were included in the total count if they were not previously counted. After the count, if data points did not appear in areas where homeless persons were known to live, professional outreach workers were sent to those areas the next day and persons were included in the total count if they were not previously counted. HUD allows for next day counting based upon two conditions: 1) any homeless persons encountered be asked if they were homeless on the day of the count and 2) a unique identifier must be created for that person. A unique identifier was created for all persons counted on the day of the count and the day after the count. If the same unique identifier appeared twice, it was assumed that it was the same person; also, a person was only included once in the total count if the person stated “yes” when asked “if they were homeless on the day of the count,” which was Thursday, January 26th. Analyzing the subpopulation data Only adults and unaccompanied teenage children who are counted are surveyed, accompanied children in families are not. Of the 2,959 adults and unaccompanied children under 18 counted, 1,743 or 59% were surveyed and 1,216 or 41% were observed. Counters were instructed to record “no” in the digital survey form for question 4, “Are you able to interview this person” and to give their best guess-estimate for questions 5 – 8, which asked for gender, age, ethnicity, and race, if they believed there was a safety issue, a persons was sleeping, or a person refused to be interviewed. Sheltered HUD encourages the use of Homeless Management Information Services (HMIS) data to generate sheltered counts and subpopulation data for programs with 100% of beds participating in HMIS. Therefore, HMIS was used to gather the total number of occupied beds and the number of persons for each subpopulation. A data collection instrument was used to collect the total number of occupied beds and the number of persons for each subpopulation for non-participating HMIS programs and for HMIS participating agencies whose HMIS data is incomplete and/or incorrect. The same questions used to collect subpopulation data through HMIS were used for the data collection instrument.       Packet Pg. 539 16 Unsheltered Homelessness Of the 4,195 persons counted as homeless in 2023, 2,976 or nearly three-fourths (70.9%) were unsheltered, which is defined by HUD as “An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.” HUD also requires that the total number of unsheltered and sheltered adults be broken down by various subpopulations including age, gender, race, and ethnicity. Of the 2,976 unsheltered persons counted, 2,948 were adults, 11 were unaccompanied children under age 18, and 17 were children under age 18 in families. HUD requires that the following demographic information be included in the Point-in-Time Count chart submission to HUD: Gender, Ethnicity, Race, and Age. Thus, the following questions were included in the homeless count survey: What is Your Gender? The following table provides a breakdown by gender for adults, unaccompanied youth under age 18, and accompanied children under age 18 in families. HUD requires the summary to consist of men, women, transgender, gender non-conforming (i.e., not exclusively male or female), and questioning. Nearly three-fourths (70.8%) of adults were male and more than one-fourth (28.3%) of adults were female. More than half (54.5%) of unaccompanied youth under age 18 were male and a little less than half (45.5%) were female. Nearly half (47.1%) of accompanied children under age 18 in families were male and nearly half (47.1%) were female.       Packet Pg. 540 17 Table 5. Breakdown by Gender Adults Unaccompanied Youth Under Age 18 Accompanied Children Under Age 18 in Families # % # % # % Male 2,087 70.8 6 54.5 8 47.1 Female 834 28.3 5 45.5 8 47.1 Transgender 3 0.1 0 0.0 0 0.0 Gender Non-Conforming 15 0.5 0 0.0 0 0.0 Questioning 0 0.0 0 0.0 0 0.0 Unknown 9 0.3 0 0.0 1 5.8 Total: 2,948 100 11 100 17 100 Are You Hispanic/Latin(a)(o)(x)? Table 6 offers a breakdown by ethnicity. HUD requires the summary to consist of Hispanic/Latin (a)(o)(x) and non-Hispanic/Latin(a)(o)(x). More than one-third (37.1%) of adults and more than one-third (36.4%) of unaccompanied youth under age 18 were Hispanic/Latin(a)(o)(x). Nearly one-fourth (23.5%) of accompanied children under age 18 in families were Hispanic/Latin(a)(o)(x). Table 6. Breakdown by Ethnicity Adults Unaccompanied Youth Under Age 18 Accompanied Children Under Age 18 in Families # % # % # % Hispanic/Latin(a)(o)(x) 1,094 37.1 4 36.4 4 23.5 Non-Hispanic/Latin(a)(o)(x) 1,813 61.5 7 63.6 12 70.6 Unknown 41 1.4 0 0.0 1 5.9 Total: 2,948 100 11 100 17 100 What is Your Race? The following table provides a breakdown by race. Nearly half (49.8%) of adults identified as White, nearly half (45.4%) of unaccompanied youth under age 18 identified as multiple races, and more than half of accompanied children under age 18 in families were identified as Black, African American, or African by an adult in family.       Packet Pg. 541 18 Table 7. Breakdown by Race Adults Unaccompanied Youth Under Age 18 Accompanied Children Under Age 18 in Families # % # % # % American Indian, Alaska Native, or Indigenous 106 3.6 0 0.0 0 0.0 Asian or Asian American 35 1.2 0 0.0 0 0.0 Black, African American, or African 590 20.0 2 18.2 10 58.8 Native Hawaiian or Other Pacific Islander 35 1.2 0 0.0 0 0.0 White 1,468 49.8 4 36.4 4 23.5 Multiple Races 528 17.9 5 45.4 2 11.8 Unknown 186 6.3 0 0.0 1 5.9 Total: 2,948 100 11 100 17 100 How Old Are You? Table 8 offers a breakdown by age for adults according to HUD required age groups. More than half (53.3%) of adults were age 44 or younger: 5.1% were age 18 – 24; 22.0% were age 25 – 34; and 26.2% were age 35 – 44. Less than half (46.7%) of adults were age 45 or older: 22.5% were age 45 – 54; 18.8% were age 55 – 64; and 5.4% were age 65+. Table 8. Breakdown by Age for Adults Adults # % Age 18 – 24 150 5.1 Age 25 – 34 649 22.0 Age 35 – 44 773 26.2 Age 45 – 54 663 22.5 Age 55 – 64 554 18.8 Age 65+ 159 5.4 Total: 2,948 100       Packet Pg. 542 19 The next table notes that more than half (55.5%) or 6 of the 11 unaccompanied children under age 18 were 17 years old and less than half (45.5%) or 5 of the 11 were age 16. Table 9. Breakdown by Age for Unaccompanied Children Under Age 18 Unaccompanied Children Under Age 18 # % Age 16 5 45.5 Age 17 6 55.5 Total: 11 100 Other Subpopulations Table 10 provides a breakdown of other subpopulations for adults. Table 10. Breakdown by Subpopulations (n=2,948) Subpopulations: # % Chronically Homeless Adults 1,300 44.1 Families including Chronically Homeless Families* 11 ** Persons w/HIV/AIDS 35 1.2 Persons w/Mental Health Problems 646 21.9 Substance Users 929 31.5 Veterans*** 203 6.9 Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 268 9.1 *Families: • Of the 11 families, 4 were chronically homeless that included 4 adults and 5 children. • The total number of adults in the 11 families was 14 and represents 0.5% of the total adult popula�on of 2,948. **11 families consisted of 14 adults and 17 children. ***Veterans: • 46.2% or 94 of the 203 veterans were chronically homeless. Other Survey Questions Other questions were included in the survey that were not required by HUD and include       Packet Pg. 543 20 • Did you become homeless for the first time during the past 12 months? o Of the 1,732 adults who were interviewed, 691 or 39.9% stated “yes.” • Has a doctor or other medical professional ever told you that you have a chronic health condition that is life-threatening such as heart, lung, liver, kidney, or cancerous disease? o Of the 1,732 adults who were interviewed, 245 or 14.1% stated “yes.” • Have you ever been in foster care? o Of the 1,732 adults who were interviewed, 217 or 12.5% stated “yes.” • Have you been incarcerated during the last 12 months? o Of the 1,732 adults who were interviewed, 396 or 22.9% stated “yes.” • How much is your monthly income? o As noted in the following chart, more than three-fourths (77%) of survey respondents had no monthly income (63%) or monthly income of $500 or less (14%). Chart 2. Monthly Income 1,096 234 142 152 108 63% 14%8%9% 6% 0% 10% 20% 30% 40% 50% 60% 70% 0 200 400 600 800 1,000 1,200 No Income $1 - $500 $501 - $1000 More than $1000 Unknown How Much is Your Monthly Income Number Percent       Packet Pg. 544 21 • In what city did you first become homeless? Table 11 notes the responses from the 1,732 adults who were interviewed. For example, 556 adults or 32.1% stated the City of San Bernardino. Table 11. City First Homeless Jurisdiction # % Adelanto 20 1.2 Apple Valley 36 2.1 Barstow 33 1.9 Big Bear City/Sugarloaf 12 0.7 Big Bear Lake 0 0.0 Bloomington/Crestmore 14 0.8 Blue Jay 0 0.0 Cajon Canyon 0 0.0 Cedarpines Park 0 0.0 Chino 16 0.9 Chino Hills 0 0.0 Colton 46 2.7 Crestline 11 0.6 Devore 0 0.0 Fontana 107 6.2 Grand Terrace 2 0.1 Hesperia 36 2.1 Highland 27 1.6 Joshua Tree 0 0.0 Lake Arrowhead 0 0.0 Landers 0 0.0 Lenwood 0 0.0 Loma Linda 5 0.3 Lytle Creek 0 0.0 Mentone/Crafton 10 0.6 Montclair 9 0.5 Morongo Valley 3 0.2 Muscoy 0 0.0 Needles 3 0.2 Ontario 52 3.0 Phelan/Pinion Hills 0 0.0       Packet Pg. 545 22 Rancho Cucamonga 30 1.7 Redlands 64 3.7 Rialto 55 3.2 Running Springs 0 0.0 San Bernardino 556 32.1 Skyforest 0 0.0 Twentynine Palms 28 1.6 Twin Peaks 4 0.2 Upland 17 1.0 Valley of Enchantment 0 0.0 Victorville 132 7.6 West Cajon Valley 0 0.0 Yermo 0 0.0 Yucaipa 12 0.7 Yucca Valley 43 2.5 Outside of San Bernardino 128 7.4 Outside of California 36 2.1 Outside of the United States 2 0.1 Unknown 183 10.5 Total: 1,732 100       Packet Pg. 546 23 Sheltered Homelessness Of the 4,195 persons counted in 2023, 1,219 persons or 29.1% were sheltered. Among the 1,219 sheltered persons, 772 were counted in shelters or received non-congregate shelter through a motel voucher and 447 were counted in transitional housing programs. HUD states that persons living in shelters and transitional housing programs (including safe haven programs) on the night of the count must be included in the homeless count. As required by HUD, the sheltered count included the number of persons and households sleeping in emergency shelters (including seasonal shelters) and transitional housing programs that were listed on the Housing Inventory Chart (HIC). In addition, any persons staying in hotels or motels paid for by a social service agency were included in the sheltered count per HUD’s instructions if the voucher program was listed on the Homeless Inventory Count (HIC). HUD also requires that the total number of sheltered persons be broken down by pre- designated subpopulations. The total number of sheltered persons by the pre-designated subpopulations for 2023 are listed in the table on the following page. The HIC was submitted by OHS staff to HUD by the deadline of April 28, 2023. Prior to the homeless count, the HIC was specifically undated to include any new programs or exclude any programs no longer operational by OHS staff and Key Person Task Force members. A few changes were made to the HIC prior to the count. HUD encourages the use of HMIS data to generate sheltered counts and subpopulation data for programs with 100% of beds participating in HMIS. Therefore, HMIS was used to gather the total number of occupied beds and the number of persons for each subpopulation. A data collection instrument was used to collect the total number of occupied beds and the number of persons for each subpopulation for non-participating HMIS programs, and for HMIS participating agencies that do not have their HMIS data complete and correct. The same questions used to collect subpopulation data through HMIS were used for the data collection instrument. Thus, sheltered count data for all sheltered programs was gathered either through a data collection sheet or HMIS. The following table provides a breakdown of the sheltered population of 1,219 adults and children by the subpopulations required by HUD.       Packet Pg. 547 24 Table 12. Sheltered Population (n=1,219) Subpopulation Number Percent American Indian, Alaska Native, or Indigenous 36 2.95 Asian or Asian American 8 <1 Black, African American, or African 405 33.2 Chronically Homeless Families (# of families) 3 <1 Chronically Homeless Families (total persons) 7 <1 Chronically Homeless Individuals 122 10 Chronically Homeless Veteran Individuals 14 1.2 Don’t Know (Race) 11 <1 Female 629 51.6 Hispanic/Latin (a)(o)(x) 510 41.8 Households (total number) 872 71.5 Male 586 48.1 Multiple Races 68 5.6 Native Hawaiian or Pacific Islander 4 <1 Gender that is not singularly ‘Female’ or ‘Male’ (e.g., non-binary, genderfluid, agender, culturally specific gender) 2 <1 Non-Hispanic/Latino (a)(o)(x) 709 58.1 Number of Persons in Households 1219 100 Persons Age 18-24 100 8.2 Persons Age 25-34 197 16.2 Persons Age 35-44 182 14.9 Persons Age 45-54 158 13.0 Persons Age 55-64 153 12.6 Persons Age 65 or Older 121 9.9 Persons with HIV/AIDS 39 3.2 Persons with Mental Health Problems 174 14.3 Persons with Substance Use Problems 95 7.8 Refused to Answer Race 5 <1 Refused to Answer Ethnicity 0 0 Transgender 2 <1 Unaccompanied Women 328 27.0 Veterans 28 2.3 Victims of Domestic Violence 104 8.5 White 682 56.0 Youth Under Age 18-Households w/only children 8 <1       Packet Pg. 548 25 Key Findings 1. The number of adults and children counted as homeless increased by 25.9% when the 2023 point-in-time homeless count of 4,195 is compared to the 2022 point-in-time homeless count of 3,333. 2. The number of adults and children counted as unsheltered increased by 24.6% when the 2023 unsheltered count of 2,976 is compared to the 2022 unsheltered count of 2,389. 3. The number of adults and children counted as sheltered increased by 29.1% when the 2023 sheltered count of 1,219 is compared to the 2022 sheltered count of 944. 4. More than three-fourths (76.9%) or 3,226 of the 4,195 homeless adults and children were counted within seven cities that include Barstow, Colton, Fontana, Ontario, Redlands, San Bernardino, and Victorville. a. These seven cities accounted for 2,163 or nearly three-fourths (72.7%) of the total unsheltered population of 2,976 and 1,063 or 87.2% of the 1,219 persons counted in shelters and transitional housing. 5. More than one-third (39.9%) of unsheltered adults and children counted as homeless became homeless for the first time during the 12 months prior to the homeless count. 6. Nearly one-third (32.1%) of unsheltered adults stated “City of San Bernardino” when asked in what city did you first become homeless. 7. Nearly half (44.1%) of unsheltered adults were chronically homeless, which is defined as being homeless for one year or more and having a disabling condition such as mental illness, chronic health condition, and a physical disability. 8. Nearly one-fourth (22.9%) of unsheltered adults answered “yes” when asked if they had been incarcerated during the past 12 months. 9. Nearly two-thirds (63%) of unsheltered adults answered “no income” when asked to state their monthly income. 10. More than three-fourths (77%) of unsheltered adults answered either “no income” (63%) or “less than $500” (14%) when asked to state their monthly income.       Packet Pg. 549 26 Appendix A: Findings for Each Jurisdiction With Five Unsheltered Adults or More (NOTE: Percentage totals for Age, Gender, Income, and Race may sum slightly more than 100% due to rounding)       Packet Pg. 550 27 Adelanto Total Number of Unsheltered Adults: 22 Of the 22 adults counted, volunteers were able to administer 13 surveys. Demographic Information n=13 Number Percent Age: 18 to 24 0 0.0 25 - 34 4 30.7 35 – 44 2 15.4 45 – 54 3 23.1 55 – 64 3 23.1 65+ 1 7.7 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 8 61.5 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 3 23.1 Foster Care (ever been) 3 23.1 Gender: Male 9 69.2 Female 4 30.8 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 6 46.2 HIV/AIDS 1 7.7 Incarcerated During the Last 12 Months 2 15.4       Packet Pg. 551 28 Income: No Monthly Income 6 46.2 $1 - $250 1 7.7 $251 - $500 0 0.0 $501 - $1,000 2 15.4 More Than $1,000 0 0.0 Unknown 4 30.8 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 38.5 Physical Disability That Seriously Limits Ability to Live Independently 1 7.7 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 1 7.7 Black, African American, or African 2 15.4 Native Hawaiian or Pacific Islander 0 0.0 White 8 61.5 Multiple Races 1 7.7 Unknown 1 7.7 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 9 69.2 Veteran Status: 1 7.7 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 552 29 Apple Valley Total Number of Unsheltered Adults: 32 Of the 32 adults counted, volunteers were able to administer 25 surveys. Demographic Information n=25 Number Percent Age: 18 to 24 1 4.0 25 - 34 8 32.0 35 – 44 4 16.0 45 – 54 7 28.0 55 – 64 5 20.0 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 28.0 Chronically Homeless 10 40.0 Developmental Disabilities 4 16.0 Ethnicity: Hispanic/Latin(a)(o)(x) 4 16.0 Foster Care (ever been) 3 12.0 Gender: Male 19 76.0 Female 6 24.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 8 32.0 HIV/AIDS 0 0.0 Incarcerated During the Last 12 Months 14 56.0 Income:       Packet Pg. 553 30 No Monthly Income 18 72.0 $1 - $250 3 12.0 $251 - $500 0 0.0 $501 - $1,000 3 12.0 More Than $1,000 1 4.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 7 28.0 Physical Disability That Seriously Limits Ability to Live Independently 4 16.0 Race: American Indian, Alaska Native, or Indigenous 1 4.0 Asian or Asian American 0 0.0 Black, African American, or African 3 12.0 Native Hawaiian or Pacific Islander 0 0.0 White 16 64.0 Multiple Races 4 16.0 Unknown 1 4.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 11 44.0 Veteran Status: 1 4.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 16.0       Packet Pg. 554 31 Barstow Total Number of Unsheltered Adults: 88 Of the 88 adults counted, volunteers were able to administer 47 surveys. Demographic Information n=47 Number Percent Age: 18 to 24 2 4.3 25 - 34 6 12.8 35 – 44 10 21.3 45 – 54 12 25.5 55 – 64 15 31.9 65+ 2 4.3 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 14.9 Chronically Homeless 19 40.4 Developmental Disabilities 2 4.3 Ethnicity: Hispanic/Latin(a)(o)(x) 11 23.4 Foster Care (ever been) 7 14.9 Gender: Male 36 76.6 Female 11 23.4 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 19 40.4 HIV/AIDS 1 2.1       Packet Pg. 555 32 Incarcerated During the Last 12 Months 8 17.0 Income: No Monthly Income 33 70.2 $1 - $250 4 8.5 $251 - $500 1 2.1 $501 - $1,000 3 6.4 More Than $1,000 6 12.8 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 19.1 Physical Disability That Seriously Limits Ability to Live Independently 16 34.0 Race: American Indian, Alaska Native, or Indigenous 2 4.3 Asian or Asian American 0 0.0 Black, African American, or African 8 17.0 Native Hawaiian or Pacific Islander 1 2.1 White 28 59.6 Multiple Races 3 6.4 Unknown 5 10.6 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 6.4 Veteran Status: 4 8.5 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 3 6.4       Packet Pg. 556 33 Big Bear Lake Total Number of Unsheltered Adults: 18 Of the 18 adults counted, volunteers were able to administer 11 surveys. Demographic Information n=11 Number Percent Age: 18 to 24 1 9.1 25 - 34 1 9.1 35 – 44 2 18.2 45 – 54 1 9.1 55 – 64 4 36.4 65+ 2 18.2 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 18.2 Chronically Homeless 7 63.6 Developmental Disabilities 1 9.1 Ethnicity: Hispanic/Latin(a)(o)(x) 3 27.3 Foster Care (ever been) 0 0.0 Gender: Male 7 63.6 Female 4 36.4 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 5 45.5 HIV/AIDS 0 0.0       Packet Pg. 557 34 Incarcerated During the Last 12 Months 5 45.5 Income: No Monthly Income 0 0.0 $1 - $250 3 27.3 $251 - $500 3 27.3 $501 - $1,000 3 27.3 More Than $1,000 2 18.2 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 27.3 Physical Disability That Seriously Limits Ability to Live Independently 4 36.4 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 6 54.6 Multiple Races 4 36.4 Unknown 1 9.1 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 7 63.6 Veteran Status: 3 27.3 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 9.1       Packet Pg. 558 35 Bloomington/Crestmore Total Number of Unsheltered Adults: 24 Of the 18 adults counted, volunteers were able to administer 16 surveys. Demographic Information n=16 Number Percent Age: 18 to 24 0 0.0 25 - 34 3 18.8 35 – 44 6 37.5 45 – 54 3 18.8 55 – 64 2 12.5 65+ 2 12.5 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 25.0 Chronically Homeless 10 62.5 Developmental Disabilities 3 18.8 Ethnicity: Hispanic/Latin(a)(o)(x) 9 56.3 Foster Care (ever been) 2 12.5 Gender: Male 12 75.0 Female 3 18.8 Transgender 1 6.3 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 2 12.5 HIV/AIDS 0 0.0       Packet Pg. 559 36 Incarcerated During the Last 12 Months 2 12.5 Income: No Monthly Income 9 56.3 $1 - $250 0 0.0 $251 - $500 1 6.3 $501 - $1,000 2 12.5 More Than $1,000 3 18.8 Unknown 1 6.3 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 7 43.8 Physical Disability That Seriously Limits Ability to Live Independently 6 37.5 Race: American Indian, Alaska Native, or Indigenous 1 6.3 Asian or Asian American 1 6.3 Black, African American, or African 1 6.3 Native Hawaiian or Pacific Islander 1 6.3 White 10 62.5 Multiple Races 2 12.5 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 50.0 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 560 37 Chino Total Number of Unsheltered Adults: 28 Of the 28 adults counted, volunteers were able to administer 17 surveys. Demographic Information n=17 Number Percent Age: 18 to 24 0 0.0 25 - 34 7 41.2 35 – 44 3 17.7 45 – 54 2 11.8 55 – 64 4 23.5 65+ 1 5.9 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 11.8 Chronically Homeless 5 29.4 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 5 29.4 Foster Care (ever been) 2 11.8 Gender: Male 14 82.4 Female 3 17.7 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 5 29.4 HIV/AIDS 1 5.9       Packet Pg. 561 38 Incarcerated During the Last 12 Months 5 29.4 Income: No Monthly Income 4 23.5 $1 - $250 4 23.5 $251 - $500 1 5.9 $501 - $1,000 1 5.9 More Than $1,000 7 41.2 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 17.7 Physical Disability That Seriously Limits Ability to Live Independently 2 11.8 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 1 5.9 White 11 64.7 Multiple Races 4 23.5 Unknown 1 5.9 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 11.8 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 5.9       Packet Pg. 562 39 Colton Total Number of Unsheltered Adults: 149 Of the 149 adults counted, volunteers were able to administer 88 surveys. Demographic Information n=88 Number Percent Age: 18 to 24 2 2.3 25 - 34 22 25.0 35 – 44 26 29.6 45 – 54 17 19.3 55 – 64 17 19.3 65+ 4 4.6 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 6 6.8 Chronically Homeless 43 48.9 Developmental Disabilities 1 1.1 Ethnicity: Hispanic/Latin(a)(o)(x) 45 51.1 Foster Care (ever been) 2 2.3 Gender: Male 66 75.0 Female 22 25.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 28 31.8 HIV/AIDS 0 0.0       Packet Pg. 563 40 Incarcerated During the Last 12 Months 17 19.3 Income: No Monthly Income 53 60.2 $1 - $250 5 5.7 $251 - $500 3 3.4 $501 - $1,000 2 2.3 More Than $1,000 3 3.4 Unknown 22 25.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 12 13.6 Physical Disability That Seriously Limits Ability to Live Independently 11 12.5 Race: American Indian, Alaska Native, or Indigenous 2 2.3 Asian or Asian American 1 1.1 Black, African American, or African 7 8.0 Native Hawaiian or Pacific Islander 0 0.0 White 52 59.1 Multiple Races 21 23.9 Unknown 5 5.6 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 45 51.1 Veteran Status: 2 2.3 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 5 5.7       Packet Pg. 564 41 Crestline Total Number of Unsheltered Adults: 10 Of the 10 adults counted, volunteers were able to administer 6 surveys. Demographic Information n=6 Number Percent Age: 18 to 24 0 0.0 25 - 34 3 50.0 35 – 44 0 0.0 45 – 54 3 50.0 55 – 64 0 0.0 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 4 66.7 Developmental Disabilities 1 16.7 Ethnicity: Hispanic/Latin(a)(o)(x) 1 16.7 Foster Care (ever been) 0 0.0 Gender: Male 3 50.0 Female 3 50.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 3 50.0 HIV/AIDS 0 0.0       Packet Pg. 565 42 Incarcerated During the Last 12 Months 1 16.7 Income: No Monthly Income 5 83.3 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 1 16.7 More Than $1,000 0 0.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 4 66.7 Physical Disability That Seriously Limits Ability to Live Independently 1 16.7 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 2 33.3 Native Hawaiian or Pacific Islander 0 0.0 White 4 66.7 Multiple Races 0 0.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 16.7 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 16.7       Packet Pg. 566 43 Devore Total Number of Unsheltered Adults: 5 Of the 5 adults counted, volunteers were able to administer 3 surveys. Demographic Information n=3 Number Percent Age: 18 to 24 0 0.0 25 - 34 0 0.0 35 – 44 0 0.0 45 – 54 2 66.7 55 – 64 1 33.3 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 2 66.7 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 0 0.0 Foster Care (ever been) 0 0.0 Gender: Male 0 0.0 Female 3 100 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 1 33.3 HIV/AIDS 0 0.0       Packet Pg. 567 44 Incarcerated During the Last 12 Months 2 66.7 Income: No Monthly Income 1 33.3 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 2 66.7 More Than $1,000 0 0.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 66.7 Physical Disability That Seriously Limits Ability to Live Independently 0 0.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 3 100 Multiple Races 0 0.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 568 45 Fontana Total Number of Unsheltered Adults: 239 Of the 239 adults counted, volunteers were able to administer 174 surveys. Demographic Information n=174 Number Percent Age: 18 to 24 7 4.0 25 - 34 38 21.8 35 – 44 52 29.9 45 – 54 38 21.8 55 – 64 25 14.5 65+ 14 8.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 29 16.7 Chronically Homeless 64 36.8 Developmental Disabilities 18 10.3 Ethnicity: Hispanic/Latin(a)(o)(x) 88 50.6 Foster Care (ever been) 28 16.1 Gender: Male 132 75.9 Female 41 23.6 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 1 0.6 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 77 44.3 HIV/AIDS 3 1.7       Packet Pg. 569 46 Incarcerated During the Last 12 Months 53 30.5 Income: No Monthly Income 107 61.5 $1 - $250 19 10.9 $251 - $500 8 4.6 $501 - $1,000 17 9.8 More Than $1,000 20 11.5 Unknown 3 1.7 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 37 21.3 Physical Disability That Seriously Limits Ability to Live Independently 41 23.6 Race: American Indian, Alaska Native, or Indigenous 7 4.0 Asian or Asian American 4 2.3 Black, African American, or African 30 17.2 Native Hawaiian or Pacific Islander 5 2.9 White 69 39.7 Multiple Races 45 25.9 Unknown 14 8.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 18 10.3 Veteran Status: 16 9.2 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 26 14.9       Packet Pg. 570 47 Grand Terrace Total Number of Unsheltered Adults: 6 Of the 6 adults counted, volunteers were able to administer 3 surveys. Demographic Information n=3 Number Percent Age: 18 to 24 0 0.0 25 - 34 1 33.3 35 – 44 0 0.0 45 – 54 1 33.3 55 – 64 0 0.0 65+ 1 33. Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 1 33.3 Chronically Homeless 0 0.0 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 2 66.7 Foster Care (ever been) 0 0.0 Gender: Male 2 66.7 Female 1 33.3 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 2 66.7 HIV/AIDS 0 0.0       Packet Pg. 571 48 Incarcerated During the Last 12 Months 1 33.3 Income: No Monthly Income 1 33.3 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 1 33.3 More Than $1,000 0 0.0 Unknown 1 33.3 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3 Physical Disability That Seriously Limits Ability to Live Independently 0 0.0 Race: American Indian, Alaska Native, or Indigenous 1 33.3 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 1 33.3 Multiple Races 1 33.3 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 572 49 Hesperia Total Number of Unsheltered Adults: 59 Of the 59 adults counted, volunteers were able to administer 44 surveys. Demographic Information n=44 Number Percent Age: 18 to 24 0 0.0 25 - 34 9 20.5 35 – 44 17 38.6 45 – 54 10 22.7 55 – 64 8 18.2 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 8 18.2 Chronically Homeless 9 20.5 Developmental Disabilities 2 4.6 Ethnicity: Hispanic/Latin(a)(o)(x) 18 40.9 Foster Care (ever been) 9 20.5 Gender: Male 34 77.3 Female 8 18.2 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 2 4.6 Homeless for First Time During Past 12 Months 22 50.0 HIV/AIDS 0 0.0       Packet Pg. 573 50 Incarcerated During the Last 12 Months 9 20.5 Income: No Monthly Income 30 68.2 $1 - $250 5 11.4 $251 - $500 3 6.8 $501 - $1,000 2 4.6 More Than $1,000 1 2.3 Unknown 3 6.8 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 20.5 Physical Disability That Seriously Limits Ability to Live Independently 4 9.1 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 3 6.8 Native Hawaiian or Pacific Islander 0 0.0 White 24 54.6 Multiple Races 11 25.0 Unknown 6 13.6 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 6.8 Veteran Status: 3 6.8 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 2.3       Packet Pg. 574 51 Highland Total Number of Unsheltered Adults: 61 Of the 61 adults counted, volunteers were able to administer 54 surveys. Demographic Information n=54 Number Percent Age: 18 to 24 4 7.4 25 - 34 14 25.9 35 – 44 13 24.1 45 – 54 15 27.8 55 – 64 6 11.1 65+ 2 3.7 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 7.4 Chronically Homeless 20 37.0 Developmental Disabilities 1 1.9 Ethnicity: Hispanic/Latin(a)(o)(x) 19 35.2 Foster Care (ever been) 2 3.7 Gender: Male 36 66.7 Female 18 33.3 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 27 50.0 HIV/AIDS 1 1.9       Packet Pg. 575 52 Incarcerated During the Last 12 Months 9 16.7 Income: No Monthly Income 44 81.5 $1 - $250 0 0.0 $251 - $500 3 5.6 $501 - $1,000 5 9.3 More Than $1,000 1 1.9 Unknown 1 1.9 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 16.7 Physical Disability That Seriously Limits Ability to Live Independently 9 16.7 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 1 1.9 Black, African American, or African 11 20.4 Native Hawaiian or Pacific Islander 0 0.0 White 29 53.7 Multiple Races 9 16.7 Unknown 4 7.4 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 19 35.2 Veteran Status: 2 3.7 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 7.4       Packet Pg. 576 53 Joshua Tree Total Number of Unsheltered Adults: 42 Of the 42 adults counted, volunteers were able to administer 28 surveys. Demographic Information n=28 Number Percent Age: 18 to 24 0 0.0 25 - 34 3 10.7 35 – 44 9 32.1 45 – 54 7 25.0 55 – 64 9 32.1 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 14.3 Chronically Homeless 16 57.1 Developmental Disabilities 6 21.4 Ethnicity: Hispanic/Latin(a)(o)(x) 6 21.4 Foster Care (ever been) 2 7.1 Gender: Male 20 71.4 Female 7 25.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 1 3.6 Homeless for First Time During Past 12 Months 9 32.1 HIV/AIDS 1 3.6       Packet Pg. 577 54 Incarcerated During the Last 12 Months 6 21.4 Income: No Monthly Income 12 42.9 $1 - $250 1 3.6 $251 - $500 3 10.7 $501 - $1,000 6 21.4 More Than $1,000 6 21.4 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 32.1 Physical Disability That Seriously Limits Ability to Live Independently 10 35.7 Race: American Indian, Alaska Native, or Indigenous 2 7.2 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 20 71.4 Multiple Races 3 10.7 Unknown 3 10.7 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 9 32.1 Veteran Status: 1 3.6 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 3.6       Packet Pg. 578 55 Loma Linda Total Number of Unsheltered Adults: 17 Of the 17 adults counted, volunteers were able to administer 13 surveys. Demographic Information n=13 Number Percent Age: 18 to 24 1 7.7 25 - 34 5 38.4 35 – 44 2 15.4 45 – 54 3 23.1 55 – 64 2 15.4 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 5 38.5 Chronically Homeless 5 38.5 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 6 46.2 Foster Care (ever been) 3 23.1 Gender: Male 11 84.6 Female 2 15.4 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 8 61.5 HIV/AIDS 0 0.0       Packet Pg. 579 56 Incarcerated During the Last 12 Months 4 30.8 Income: No Monthly Income 8 61.5 $1 - $250 3 23.1 $251 - $500 0 0.0 $501 - $1,000 2 15.4 More Than $1,000 0 0.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 38.5 Physical Disability That Seriously Limits Ability to Live Independently 1 7.7 Race: American Indian, Alaska Native, or Indigenous 3 23.1 Asian or Asian American 0 0.0 Black, African American, or African 3 23.1 Native Hawaiian or Pacific Islander 0 0.0 White 3 23.1 Multiple Races 3 23.1 Unknown 1 7.7 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 23.1 Veteran Status: 1 7.7 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 7.7       Packet Pg. 580 57 Mentone/Crafton Total Number of Unsheltered Adults: 6 Of the 6 adults counted, volunteers were able to administer 5 surveys. Demographic Information n=5 Number Percent Age: 18 to 24 1 20.0 25 - 34 3 60.0 35 – 44 1 20.0 45 – 54 0 0.0 55 – 64 0 0.0 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 3 60.0 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 2 40.0 Foster Care (ever been) 1 20.0 Gender: Male 4 80.0 Female 1 20.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 1 20.0 HIV/AIDS 0 0.0       Packet Pg. 581 58 Incarcerated During the Last 12 Months 2 40.0 Income: No Monthly Income 5 100 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 0 0.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Physical Disability That Seriously Limits Ability to Live Independently 0 0.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 4 80.0 Multiple Races 1 20.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 4 80.0 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 582 59 Montclair Total Number of Unsheltered Adults: 71 Of the 71 adults counted, volunteers were able to administer 40 surveys. Demographic Information n=40 Number Percent Age: 18 to 24 2 5.0 25 - 34 7 17.5 35 – 44 12 30.0 45 – 54 11 27.5 55 – 64 7 17.5 65+ 1 2.5 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 10.0 Chronically Homeless 10 25.0 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 25 62.5 Foster Care (ever been) 5 12.5 Gender: Male 32 80.0 Female 8 20.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 11 27.5 HIV/AIDS 0 0.0       Packet Pg. 583 60 Incarcerated During the Last 12 Months 9 22.5 Income: No Monthly Income 23 57.5 $1 - $250 5 12.5 $251 - $500 6 15.0 $501 - $1,000 0 0.0 More Than $1,000 6 15.0 Unknown Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 4 10.0 Physical Disability That Seriously Limits Ability to Live Independently 6 15.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 2 5.0 Native Hawaiian or Pacific Islander 0 0.0 White 37 92.5 Multiple Races 0 0.0 Unknown 1 2.5 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 7 17.5 Veteran Status: 3 7.5 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 2 5.0       Packet Pg. 584 61 Muscoy Total Number of Unsheltered Adults: 13 Of the 13 adults counted, volunteers were able to administer 4 surveys. Demographic Information n=4 Number Percent Age: 18 to 24 0 0.0 25 - 34 1 25.0 35 – 44 1 25.0 45 – 54 0 0.0 55 – 64 2 50.0 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 50.0 Chronically Homeless 0 0.0 Developmental Disabilities 1 25.0 Ethnicity: Hispanic/Latin(a)(o)(x) 0 0.0 Foster Care (ever been) 2 50.0 Gender: Male 3 75.0 Female 1 25.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 2 50.0 HIV/AIDS 0 0.0       Packet Pg. 585 62 Incarcerated During the Last 12 Months 0 0.0 Income: No Monthly Income 2 50.0 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 2 50.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 50.0 Physical Disability That Seriously Limits Ability to Live Independently 3 75.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 4 100 Multiple Races 0 0.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 50.0 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 586 63 Needles Total Number of Unsheltered Adults: 6 Of the 6 adults counted, volunteers were able to administer 6 surveys. Demographic Information n=6 Number Percent Age: 18 to 24 1 16.7 25 - 34 2 33.3 35 – 44 0 0.0 45 – 54 0 0.0 55 – 64 1 16.7 65+ 2 33.3 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 3 50.0 Developmental Disabilities 1 16.7 Ethnicity: Hispanic/Latin(a)(o)(x) 1 16.7 Foster Care (ever been) 0 0.0 Gender: Male 3 50.0 Female 3 50.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 4 66.7 HIV/AIDS 0 0.0       Packet Pg. 587 64 Incarcerated During the Last 12 Months 4 66.7 Income: No Monthly Income 2 33.3 $1 - $250 2 33.3 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 2 33.3 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Physical Disability That Seriously Limits Ability to Live Independently 1 16.7 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 5 83.3 Multiple Races 0 0.0 Unknown 1 16.7 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 33.3 Veteran Status: 1 16.7 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 588 65 Ontario Total Number of Unsheltered Adults: 107 Of the 107 adults counted, volunteers were able to administer 55 surveys. Demographic Information n=55 Number Percent Age: 18 to 24 2 3.6 25 - 34 8 14.6 35 – 44 15 27.3 45 – 54 15 27.3 55 – 64 12 21.8 65+ 3 5.5 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 12.7 Chronically Homeless 27 49.1 Developmental Disabilities 3 5.5 Ethnicity: Hispanic/Latin(a)(o)(x) 33 60.0 Foster Care (ever been) 3 5.5 Gender: Male 41 74.6 Female 14 25.5 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 24 43.6 HIV/AIDS 1 1.8       Packet Pg. 589 66 Incarcerated During the Last 12 Months 14 25.5 Income: No Monthly Income 29 52.8 $1 - $250 12 21.8 $251 - $500 2 3.6 $501 - $1,000 5 9.1 More Than $1,000 5 9.1 Unknown 2 3.6 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 6 10.9 Physical Disability That Seriously Limits Ability to Live Independently 19 34.6 Race: American Indian, Alaska Native, or Indigenous 4 7.3 Asian or Asian American 0 0.0 Black, African American, or African 9 16.4 Native Hawaiian or Pacific Islander 1 1.8 White 28 50.9 Multiple Races 9 16.4 Unknown 4 7.3 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 11 20.0 Veteran Status: 5 9.1 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 6 10.9       Packet Pg. 590 67 Rancho Cucamonga Total Number of Unsheltered Adults: 70 Of the 70 adults counted, volunteers were able to administer 42 surveys. Demographic Information n=42 Number Percent Age: 18 to 24 3 7.1 25 - 34 8 19.1 35 – 44 10 23.8 45 – 54 9 21.4 55 – 64 7 16.7 65+ 5 11.9 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 40 95.2 Chronically Homeless 12 28.6 Developmental Disabilities 2 4.8 Ethnicity: Hispanic/Latin(a)(o)(x) 21 50.0 Foster Care (ever been) 4 9.5 Gender: Male 30 71.4 Female 12 28.6 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 17 40.5 HIV/AIDS 1 2.4       Packet Pg. 591 68 Incarcerated During the Last 12 Months 16 38.1 Income: No Monthly Income 21 50.0 $1 - $250 6 14.3 $251 - $500 1 2.4 $501 - $1,000 7 16.7 More Than $1,000 4 9.5 Unknown 3 7.1 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 11.9 Physical Disability That Seriously Limits Ability to Live Independently 6 14.3 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 1 2.4 Black, African American, or African 8 19.1 Native Hawaiian or Pacific Islander 0 0.0 White 21 50.0 Multiple Races 7 16.7 Unknown 5 11.9 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 5 11.9 Veteran Status: 1 2.4 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 2 4.8       Packet Pg. 592 69 Redlands Total Number of Unsheltered Adults: 243 Of the 243 adults counted, volunteers were able to administer 116 surveys. Demographic Information n=116 Number Percent Age: 18 to 24 26 22.4 25 - 34 22 19.0 35 – 44 21 18.1 45 – 54 25 21.6 55 – 64 17 14.7 65+ 5 4.3 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 13 11.2 Chronically Homeless 62 53.5 Developmental Disabilities 5 4.3 Ethnicity: Hispanic/Latin(a)(o)(x) 40 34.5 Foster Care (ever been) 12 10.3 Gender: Male 87 75.0 Female 27 23.3 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 2 1.7 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 31 26.7 HIV/AIDS 1 0.9       Packet Pg. 593 70 Incarcerated During the Last 12 Months 31 26.7 Income: No Monthly Income 81 69.8 $1 - $250 5 4.3 $251 - $500 3 2.6 $501 - $1,000 6 5.2 More Than $1,000 11 9.5 Unknown 10 8.6 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 24 20.7 Physical Disability That Seriously Limits Ability to Live Independently 14 12.1 Race: American Indian, Alaska Native, or Indigenous 4 3.5 Asian or Asian American 4 3.5 Black, African American, or African 14 12.1 Native Hawaiian or Pacific Islander 2 1.7 White 61 52.6 Multiple Races 23 19.8 Unknown 8 6.9 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 65 56.0 Veteran Status: 9 7.8 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 7 6.0       Packet Pg. 594 71 Rialto Total Number of Unsheltered Adults: 70 Of the 70 adults counted, volunteers were able to administer 42 surveys. Demographic Information n=42 Number Percent Age: 18 to 24 0 0.0 25 - 34 9 21.4 35 – 44 14 33.3 45 – 54 6 14.3 55 – 64 11 26.2 65+ 2 4.8 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 13 31.0 Chronically Homeless 17 40.5 Developmental Disabilities 2 4.8 Ethnicity: Hispanic/Latin(a)(o)(x) 23 54.8 Foster Care (ever been) 8 19.1 Gender: Male 30 71.4 Female 12 28.6 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 17 40.5 HIV/AIDS 0 0.0       Packet Pg. 595 72 Incarcerated During the Last 12 Months 10 23.8 Income: No Monthly Income 23 54.8 $1 - $250 4 9.5 $251 - $500 1 2.4 $501 - $1,000 5 11.9 More Than $1,000 8 19.1 Unknown 1 2.4 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 15 35.7 Physical Disability That Seriously Limits Ability to Live Independently 7 16.7 Race: American Indian, Alaska Native, or Indigenous 5 11.9 Asian or Asian American 0 0.0 Black, African American, or African 6 14.3 Native Hawaiian or Pacific Islander 0 0.0 White 23 54.8 Multiple Races 5 11.9 Unknown 3 7.1 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 19.1 Veteran Status: 3 7.1 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 6 14.3       Packet Pg. 596 73 San Bernardino Total Number of Unsheltered Adults: 1,008 Of the 1008 adults counted, volunteers were able to administer 518 surveys. Demographic Information n=518 Number Percent Age: 18 to 24 19 3.7 25 - 34 108 20.9 35 – 44 137 26.5 45 – 54 123 23.8 55 – 64 108 20.9 65+ 23 4.4 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 82 15.8 Chronically Homeless 246 47.5 Developmental Disabilities 39 7.5 Ethnicity: Hispanic/Latin(a)(o)(x) 192 37.1 Foster Care (ever been) 69 13.3 Gender: Male 348 67.2 Female 163 31.5 Transgender 1 0.2 Gender Non-Conforming (i.e., not exclusively male or female) 2 0.4 Questioning 0 0.0 Unknown 4 0.8 Homeless for First Time During Past 12 Months 127 24.5 HIV/AIDS 8 1.5       Packet Pg. 597 74 Incarcerated During the Last 12 Months 98 18.9 Income: No Monthly Income 347 67.0 $1 - $250 41 7.9 $251 - $500 28 5.4 $501 - $1,000 40 7.7 More Than $1,000 32 6.2 Unknown 30 5.8 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 114 22.0 Physical Disability That Seriously Limits Ability to Live Independently 100 19.3 Race: American Indian, Alaska Native, or Indigenous 24 4.6 Asian or Asian American 3 0.6 Black, African American, or African 163 31.5 Native Hawaiian or Pacific Islander 5 1.0 White 187 36.1 Multiple Races 103 19.9 Unknown 33 6.4 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 185 35.7 Veteran Status: 38 7.3 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 49 9.5       Packet Pg. 598 75 Twentynine Palms Total Number of Unsheltered Adults: 73 Of the 73 adults counted, volunteers were able to administer 57 surveys. Demographic Information n=57 Number Percent Age: 18 to 24 5 8.8 25 - 34 16 28.0 35 – 44 14 24.6 45 – 54 8 14.0 55 – 64 9 15.8 65+ 5 8.8 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 12.3 Chronically Homeless 30 52.6 Developmental Disabilities 1 1.8 Ethnicity: Hispanic/Latin(a)(o)(x) 16 28.1 Foster Care (ever been) 7 12.3 Gender: Male 34 59.7 Female 22 38.6 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 1 1.8 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 13 22.8 HIV/AIDS 0 0.0       Packet Pg. 599 76 Incarcerated During the Last 12 Months 11 19.3 Income: No Monthly Income 46 80.7 $1 - $250 2 3.5 $251 - $500 1 1.8 $501 - $1,000 1 1.8 More Than $1,000 4 7.0 Unknown 3 5.3 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 15 26.3 Physical Disability That Seriously Limits Ability to Live Independently 12 21.1 Race: American Indian, Alaska Native, or Indigenous 1 1.8 Asian or Asian American 1 1.8 Black, African American, or African 7 12.3 Native Hawaiian or Pacific Islander 2 3.5 White 32 56.1 Multiple Races 13 22.8 Unknown 1 1.8 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 12 21.1 Veteran Status: 4 7.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 8 14.0       Packet Pg. 600 77 Twin Peaks Total Number of Unsheltered Adults: 5 Of the 5 adults counted, volunteers were able to administer 3 surveys. Demographic Information n=3 Number Percent Age: 18 to 24 0 0.0 25 - 34 1 33.3 35 – 44 1 33.3 45 – 54 1 33.3 55 – 64 0 0.0 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 3 100 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 1 33.3 Foster Care (ever been) 0 0.0 Gender: Male 1 33.3 Female 2 66.7 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 2 66.7 HIV/AIDS 0 0.0       Packet Pg. 601 78 Incarcerated During the Last 12 Months 0 0.0 Income: No Monthly Income 1 33.3 $1 - $250 0 0.0 $251 - $500 1 33.3 $501 - $1,000 0 0.0 More Than $1,000 1 33.3 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Physical Disability That Seriously Limits Ability to Live Independently 1 33.3 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 2 66.7 Multiple Races 1 33.3 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 100 Veteran Status: 1 33.3 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 602 79 Upland Total Number of Unsheltered Adults: 32 Of the 32 adults counted, volunteers were able to administer 16 surveys. Demographic Information n=16 Number Percent Age: 18 to 24 0 0.0 25 - 34 5 31.3 35 – 44 3 18.8 45 – 54 4 25.0 55 – 64 2 12.5 65+ 2 12.5 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 12.5 Chronically Homeless 9 56.3 Developmental Disabilities 2 12.5 Ethnicity: Hispanic/Latin(a)(o)(x) 5 31.3 Foster Care (ever been) 1 6.3 Gender: Male 14 87.5 Female 2 12.5 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 6 37.5 HIV/AIDS 0 0.0       Packet Pg. 603 80 Incarcerated During the Last 12 Months 10 62.5 Income: No Monthly Income 11 68.8 $1 - $250 4 25.0 $251 - $500 0 0.0 $501 - $1,000 1 6.3 More Than $1,000 0 0.0 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 18.8 Physical Disability That Seriously Limits Ability to Live Independently 6 37.5 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 2 12.5 Native Hawaiian or Pacific Islander 0 0.0 White 11 68.8 Multiple Races 3 18.8 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 50.0 Veteran Status: 2 12.5 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 6.3       Packet Pg. 604 81 Valley of Enchantment Total Number of Unsheltered Adults: 6 Of the 6 adults counted, volunteers were able to administer 3 surveys. Demographic Information n=3 Number Percent Age: 18 to 24 0 0.0 25 - 34 0 0.0 35 – 44 1 33.3 45 – 54 1 33.3 55 – 64 0 0.0 65+ 1 33.3 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 1 33.3 Chronically Homeless 1 33.3 Developmental Disabilities 0 0.0 Ethnicity: Hispanic/Latin(a)(o)(x) 0 0.0 Foster Care (ever been) 1 33.3 Gender: Male 2 66.7 Female 1 33.3 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 0 0.0 HIV/AIDS 0 0.0       Packet Pg. 605 82 Incarcerated During the Last 12 Months 0 0.0 Income: No Monthly Income 1 33.3 $1 - $250 1 33.3 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 1 33.3 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Physical Disability That Seriously Limits Ability to Live Independently 0 0.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 1 33.3 White 2 66.7 Multiple Races 0 0.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 606 83 Victorville Total Number of Unsheltered Adults: 317 Of the 317 adults counted, volunteers were able to administer 212 surveys. Demographic Information n=212 Number Percent Age: 18 to 24 7 3.3 25 - 34 48 22.7 35 – 44 62 29.3 45 – 54 49 23.1 55 – 64 37 17.5 65+ 9 4.2 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 23 10.9 Chronically Homeless 74 34.9 Developmental Disabilities 7 3.3 Ethnicity: Hispanic/Latin(a)(o)(x) 51 24.1 Foster Care (ever been) 30 14.2 Gender: Male 142 67.0 Female 69 32.6 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 1 0.5 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 94 44.3 HIV/AIDS 1 0.5       Packet Pg. 607 84 Incarcerated During the Last 12 Months 41 19.3 Income: No Monthly Income 136 64.2 $1 - $250 16 7.6 $251 - $500 14 6.6 $501 - $1,000 12 5.7 More Than $1,000 11 5.2 Unknown 23 10.9 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 42 19.8 Physical Disability That Seriously Limits Ability to Live Independently 22 10.4 Race: American Indian, Alaska Native, or Indigenous 6 2.8 Asian or Asian American 2 0.9 Black, African American, or African 58 27.4 Native Hawaiian or Pacific Islander 1 0.5 White 107 50.5 Multiple Races 29 13.7 Unknown 9 4.3 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 71 33.5 Veteran Status: 14 6.6 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 23 10.9       Packet Pg. 608 85 Yucaipa Total Number of Unsheltered Adults: 22 Of the 22 adults counted, volunteers were able to administer 9 surveys. Demographic Information n=9 Number Percent Age: 18 to 24 2 22.2 25 - 34 1 11.1 35 – 44 3 33.3 45 – 54 1 11.1 55 – 64 2 22.2 65+ 0 0.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 3 33.3 Developmental Disabilities 1 11.1 Ethnicity: Hispanic/Latin(a)(o)(x) 2 22.2 Foster Care (ever been) 3 33.3 Gender: Male 9 100 Female 0 0.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 1 11.1 HIV/AIDS 0 0.0       Packet Pg. 609 86 Incarcerated During the Last 12 Months 4 44.4 Income: No Monthly Income 8 88.9 $1 - $250 0 0.0 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 1 11.1 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 1 11.1 Physical Disability That Seriously Limits Ability to Live Independently 1 11.1 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 0 0.0 Native Hawaiian or Pacific Islander 0 0.0 White 8 88.9 Multiple Races 1 11.1 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0 Veteran Status: 1 11.1 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 610 87 Yucca Valley Total Number of Unsheltered Adults: 80 Of the 80 adults counted, volunteers were able to administer 43 surveys. Demographic Information n=43 Number Percent Age: 18 to 24 2 14.7 25 - 34 13 30.2 35 – 44 10 23.3 45 – 54 8 18.6 55 – 64 5 11.6 65+ 5 11.6 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 6 14.0 Chronically Homeless 26 60.5 Developmental Disabilities 3 7.0 Ethnicity: Hispanic/Latin(a)(o)(x) 7 16.3 Foster Care (ever been) 4 9.3 Gender: Male 30 69.8 Female 13 30.2 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 12 27.9 HIV/AIDS 0 0.0       Packet Pg. 611 88 Incarcerated During the Last 12 Months 7 16.3 Income: No Monthly Income 21 48.8 $1 - $250 0 0.0 $251 - $500 1 2.3 $501 - $1,000 10 23.3 More Than $1,000 11 25.6 Unknown 0 0.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 22 51.2 Physical Disability That Seriously Limits Ability to Live Independently 7 16.3 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 0 0.0 Black, African American, or African 6 14.0 Native Hawaiian or Pacific Islander 0 0.0 White 32 74.4 Multiple Races 1 2.3 Unknown 4 9.3 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 17 39.5 Veteran Status: 3 7.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 9.3       Packet Pg. 612 89 Countywide Total Number of Unsheltered Adults: 6 Of the 6 adults counted, volunteers were able to administer 5 surveys. Demographic Information n=5 Number Percent Age: 18 to 24 0 0.0 25 - 34 2 40.0 35 – 44 1 20.0 45 – 54 1 20.0 55 – 64 0 0.0 65+ 1 20.0 Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0 Chronically Homeless 4 80.0 Developmental Disabilities 1 20.0 Ethnicity: Hispanic/Latin(a)(o)(x) 1 20.0 Foster Care (ever been) 2 40.0 Gender: Male 4 80.0 Female 1 20.0 Transgender 0 0.0 Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0 Unknown 0 0.0 Homeless for First Time During Past 12 Months 3 60.0 HIV/AIDS 0 0.0       Packet Pg. 613 90 Incarcerated During the Last 12 Months 2 40.0 Income: No Monthly Income 2 40.0 $1 - $250 1 20.0 $251 - $500 0 0.0 $501 - $1,000 0 0.0 More Than $1,000 1 20.0 Unknown 1 20.0 Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 40.0 Physical Disability That Seriously Limits Ability to Live Independently 2 40.0 Race: American Indian, Alaska Native, or Indigenous 0 0.0 Asian or Asian American 1 20.0 Black, African American, or African 1 20.0 Native Hawaiian or Pacific Islander 0 0.0 White 3 60.0 Multiple Races 0 0.0 Unknown 0 0.0 Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 20.0 Veteran Status: 0 0.0 Victims of Domestic Violence: Experiencing Homelessness Due to Fleeing Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0       Packet Pg. 614 91 Appendix B: San Bernardino 2023 Unsheltered Count Survey _____________________________________ 1. Where did you sleep last night? • If in a vehicle, what type of vehicle? • How many persons including yourself slept overnight in the same vehicle? 2. What is the first ini�al of your first name? 3. What is the first ini�al of your last name? 4. What is your gender? 5. How old are you? 6. Are you Hispanic, La�no or La�na? 7. What is your race? 8. In what state were you born? • If the person was born outside of the United States, select “Outside of the U.S” and note what country. 9. In what city did you first become homeless? Note: questions 10 – 12 were asked to determine if the person was chronically homeless according to HUD’s definition. 10. Did you become homeless for the first �me during the past 12 months?       Packet Pg. 615 92 11. Have you been living in a shelter and/or on the streets, in abandoned buildings, or in a vehicle for the past year or more? 12. Have you been living in a shelter and/or on the streets, in abandoned buildings, or in a vehicle at least four (4) separate �mes during the last three (3) years including now? 13. Have you served in the United States Armed Forces? • If no, were you ever called into ac�ve duty as a member of the Na�onal Guard or as a Reservist? 14. Do you have any of the following disabili�es or disorders that make it difficult for you or seriously limits your ability to live independently? • Long-las�ng physical disability; • Long-las�ng developmental disability; • Serious mental illness or emo�onal impairment; or • Substance use disorder. 15. Have you been diagnosed with AIDS or have tested posi�ve for HIV? 16. Has a doctor or other medical professional ever told you that you have a chronic health condi�on that is life-threatening such as heart, lung, liver, kidney or cancerous disease? 17. Are you currently experiencing homelessness because you are fleeing domes�c violence, da�ng violence, sexual assault or stalking? 18. Have you been incarcerated during the last 12 months? 19. How much is your monthly income? • No income; • $1 to $250; • $251 to $500;       Packet Pg. 616 93 • $501 to $1,000; or • More than $1,000. 20. Have you ever been in foster care? 21. Do you have any children living with you? • How many are under age 18? • What is the child’s gender? • Is the child Hispanic, La�no, or La�na? • What is the child’s race? • What is the child’s age? • Is the child enrolled in school? 22. Do you have a spouse or partner who is also homeless and living with you? • If yes, administer the survey to spouse or partner.       Packet Pg. 617 Resolution No. 2023-075 Resolution 2023-075 May 17, 2023 Page 1 of 3 2 6 7 8 RESOLUTION NO.2023-075 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE STATE OF CALIFORNIA’S PROJECT HOMEKEY ROUND 3 PROGRAM WHEREAS, the Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability, dated March 29, 2023 ("NOFA"), for the Homekey Program ("Homekey" or "Program"). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and WHEREAS, the CITY OF SAN BERNARDINO ("Co-Applicant") desires to jointly apply for Homekey grant funds with Hope the Mission ("Corporation"). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds ("Application") to the Department for review and consideration; and WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey Program. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $35,000,000. SECTION 3. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $35,000,000 any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents"). SECTION 4. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof.       Packet Pg. 618 Resolution No. 2023-075 Resolution 2023-075 May 17, 2023 Page 2 of 3 2 6 7 8 SECTION 5. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement. SECTION 6. The CITY MANAGER: his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program. SECTION 7. 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 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 619 Resolution No. 2023-075 Resolution 2023-075 May 17, 2023 Page 3 of 3 2 6 7 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. 2023-075, adopted at a regular meeting held on the 17th day of May 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. 620 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Agreement is made and entered into as of June 1, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Community Action Partnership of San Bernardino County, a California non-profit corporation with its principal place of business at 696 S. Tippecanoe Ave San Bernardino, CA 92408 (hereinafter referred to as “Consultant” or “CAPSBC”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of vendor services for the following project: Mobile Shower Program (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Reserved. b. City will provide Consultant with an amount not-to-exceed $150,000       Packet Pg. 621 2 (the “Grant Funds”). Consultant certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term of this Agreement. Any expenses and costs incurred by the Consultant in excess of the Grant Funds shall be the sole responsibility of the Consultant. Consultant shall use the Grant Funds for the Services as described in Exhibit A. Consultant agrees that all expenditures are to be in accordance with the terms of this Agreement. City’s payment to Consultant under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date June 1, 2023 and continue through May 30, 2024 unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without       Packet Pg. 622 3 limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. Reserved. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any att empt to so       Packet Pg. 623 4 assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage       Packet Pg. 624 5 (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured       Packet Pg. 625 6 against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage       Packet Pg. 626 7 Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance . i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is p rimary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A)       Packet Pg. 627 8 if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City fro m taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following min imum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.       Packet Pg. 628 9 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name th e City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudicat ion by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well       Packet Pg. 629 10 as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with s uch Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Dep artment of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for service s performed during such task shall be the reasonable value of such services, based on an       Packet Pg. 630 11 amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Charles Karsch as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.       Packet Pg. 631 12 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Community Action Partnership of San Bernardino County (CAPSBC) 696 South Tippecanoe, San Bernardino 92408 Attn: Director, Patricia Nickolas- Butler 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by       Packet Pg. 632 13 operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projec ts. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.       Packet Pg. 633 14 43. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 634 15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY Signature Name Title       Packet Pg. 635 16 EXHIBIT A SCOPE OF WORK Introduction: Community Action Partnership of San Bernardino County (CAPSBC) is a brick-and- mortar non-profit organization based in the city of San Bernardino and aiding low -income individuals and families across San Bernardino County, the largest county in the continental United States at 20,167 square miles. With an estimated population of 2,194,710, CAPSBC serves roughly 800,000 clients or 36% of the population per year, mostly in large metropolitan areas. In 2021, due to the COVID-19 pandemic, CAPSBC management began looking into mobilizing some of its existing programs to allow those individuals and families experiencing barriers, such as lack of food, housing, or transportation and social isolation, access to services that will increase their health and well-being. The first mobile service to come online was the Mobile Shower/Laundry unit in 2021. The mobile shower/laundry unit serves as a source of sanitation for individuals experiencing homelessness in San Bernardino County, further eliminating the barriers associated with inaccessible transportation, and access to running water. The CAPSBC Mobile Shower Unit is a 28-foot self-contained mobile shower trailer. The trailer contains 3 full restrooms, one being ADA compliant, and a laundry facility with two washers and driers. The mobile shower operates off the power from a generator and hooks to city water via a garden hose connection. The shower unit holds up to 300 gallons of combined grey/black waste. The unit must be emptied with the use of a vacuum truck service. The mobile shower provides hot and cold water to all showers. Scope of Work: CAPSBC will partner with 4 community-based organizations (CBO’s) within the City of San Bernardino through an MOU process where CAPSBC will be allowed to setup the mobile shower unit on their property and utilize their water for the showers. We will work with these partners organizations to recruit a minimum of six volunteers to assist CAPSBC staff during the shower event. CAPSBC acknowledges and agrees that the City will not be providing security for these shower events. CAPSBC will provide a minimum of two (2) staff at each mobile shower event. Their primary duties are to oversee the operation of the mobile shower trailer, troubleshoot any issues that may arise, collect information from the guests, and to step in and assist where needed. CAPSBC staff and volunteers will work together to ensure the overall safety of the guests, each other. Volunteers will be utilized to time guests in the shower, sanitize the restrooms in between uses, clean the area around the shower event and interact with the guests while they wait       Packet Pg. 636 17 for their shower. In the event of a shortage of volunteers, CAPSBC staff will assume the duties of the missing volunteers. CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week. Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers and one (1) hour for cleanup. Each guest will be provided clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom will be sanitized in between clients. We estimate that it takes approximately eight (8) minutes to sanitize each restroom. So, we estimate that we can serve up to thirty-six (36) clients using all three (3) restrooms at each shower event. We estimate that we can serve around 3,600 clients in a one-year period. On the day of the event, CAPSBC will arrive within one hour prior to the start of the event to setup the mobile shower unit and the area where we will be operating, CAPSBC staff will provide a brief orientation to the volunteers on the expected tasks they will be performing. At the start of the event, CAPSBC staff will start intaking guests and putting them on a waiting list. At the time of intake, specific intake forms will be completed by staff and guest to collect pertinent information which will be later input into CAPSBC client management system as well as HMIS. CAPSBC will provide monthly updates with the number of clients served to the City. When a guest is called up to take a shower, they will be given towels, liquid soap and shampoo are provided in each bathroom, and they have fifteen (15) minutes to take their shower. No personal belongings will be allowed in the restroom with the client. Containers will be provided outside each shower for the guest to place their belongings. There will be a volunteer who will be monitoring the time spent in the shower. After ten (10) minutes, the volunteer will knock on the door giving the guest a five (5) minute warning. One last notice will be given at the end of the time and the guest will be asked to complete their shower and exit the bathroom. If available, CAPSBC will provide guest with clean undergarments and clothing. After the guest exits the shower, the used towels are collected to be washed/sanitized and reused at another shower event. The restroom is then wiped down, sprayed with sanitizer, and left to sit for at least five (5) minutes before being wiped down once again and ready for the next guest. If a guest is called and does not respond (they will be called 2-3 times), they will be moved to the end of the list and the nest guest will shower. If that guest who misses their time slot shows up, they will be given an opportunity to shower at the end of the event depending on the time. Guests who attend the mobile shower program will be provided with the following items, if available: hygiene kit, new clothes (including undergarments), shoes, easy to open fo od, portable restroom bags, other miscellaneous items. The availability of these items depend on what has been donated to our food bank, so not all these items will always be available.       Packet Pg. 637 18 At the end of the event, CAPSBC staff and volunteers will pack up the mobile shower unit, clean up the event area by disposing of trash. CAPSBC is in the process of interviewing and onboarding staff to run this program. SCHEDULE OF CHARGES Staff - 2 full time staff $74,753.00 Benefits $28,406.00 Dumping Services $6,000.00 Fuel (Gas/Propane) market rate Gas for truck/generator $5.49/gal Propane $3.99/gal $14,044.00 $4,797.00 Supplies cleaning/hygiene/etc. $22,000.00 Total $150,000.00       Packet Pg. 638 19 EXHIBIT B FEDERAL CONTRACT PROVISIONS 3. During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) 1. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. 2. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's       Packet Pg. 639 20 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who       Packet Pg. 640 21 has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 3. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. 4. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. 5. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of w ork done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be       Packet Pg. 641 22 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. 6. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. 7. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. 8. Appendix II to Part 200 (H) – Debarment and Suspension: This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further       Packet Pg. 642 23 agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. 9. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 10. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 11. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).       Packet Pg. 643 24 Telecommunications or video surveillance services provided by such entities or using such equipment. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. See Public Law 115-232, section 889 for additional information. 12. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. For purposes of this section: “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) 13. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. 14. Affirmative steps shall include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and       Packet Pg. 644 25 Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. 15. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 16. Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. 17. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. New Restrictions on Lobbying, 31 C.F.R. Part 21. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. 18. Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:       Packet Pg. 645 26 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 19. False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 20. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: A member of Congress or a representative of a committee of Congress; An Inspector General; The Government Accountability Office; A Treasury employee responsible for contract or grant oversight or management; An authorized official of the Department of Justice or other law enforcement agency;       Packet Pg. 646 27 A court or grand jury; or A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. 21. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same 22. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. 23. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.       Packet Pg. 647 28 Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: 4. The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agr eements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.       Packet Pg. 648 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOPE THE MISSION This Agreement is made and entered into as of June 1, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Hope the Mission, a 501(c)(3) nonprofit organization with its principal place of business at 16641 Roscoe Pl. North Hills, CA. 81343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Homeless Street Outreach (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”       Packet Pg. 649 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. This Agreement shall commence on the Effective Date and continue through May 31, 2024, with a two (2), one (1) year options to extend the agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.       Packet Pg. 650 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference.       Packet Pg. 651 4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability       Packet Pg. 652 5 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.       Packet Pg. 653 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation       Packet Pg. 654 7 or spread of malicious software code, in a form and with insurance companies acceptable to the City. At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified       Packet Pg. 655 8 representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:       Packet Pg. 656 9 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,       Packet Pg. 657 10 employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the       Packet Pg. 658 11 County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.       Packet Pg. 659 12 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Ken Craft as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Cassandra Searcy Deputy Director Housing & Homelessness With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Hope the Mission 16641 Roscoe Pl. North Hills, CA. 81343 Attn: Ken Craft, CEO 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding,       Packet Pg. 660 13 promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of       Packet Pg. 661 14 this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 662 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOPE THE MISSION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HOPE THE MISSION Signature Name Title       Packet Pg. 663 16 EXHIBIT A SCOPE OF SERVICES Background The City of San Bernardino is developing a 200-bed, low barrier, non-congregate navigation center that will provide interim housing and onsite supportive services. The goal is to have unhoused individuals diverted from the streets to the navigation center. A referral hotline and screening process will be in place, making it necessary for the Homeless Street Outreach team to work collectively with the lead operator of the navigation center to ensure a consistent screening process. Screening for the navigation center will be necessary to ensure Penal Code 290 (sex offenders) are not granted access as women and children will be onsite. Case managers will be able to refer Penal Code 290’s to appropriate facilities. Also, walk-ins will not be accepted. Until the navigation center is completed, homeless residents will need assistance with alternative safe housing (I.e., motels & housing resources from local homeless service providers). The City is actively pursuing grants to assist with motel stays, but it is important that the selected lead operator have the ability to engage with local non- profits and the County’s Continuum of Care (CoC) to utilize and/or expand resource opportunities related to temporary housing options. Federal Requirements: If the Services are funded through a federal or State funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference. The following sections (1-5) describe in detail the services being requested by the lead operator. 1. Outreach and Engagement (O/E) – Street-based outreach and engagement is essential to building relationships based on trust and respect between the clients and Agencies and is a key step toward accepting services that will eventually lead to housing stability. O/E will serve unsheltered homeless within the City. O/E is conducted primarily in the field, in areas where unsheltered homeless are known to live and spend time, including and not limited to encampments, streets, under bridges, overpasses, parks, centers, and in isolated areas. •Implement best practices designed to engage unsheltered homeless, e.g., outreach techniques, motivational interviewing, multi-disciplinary team approach, law enforcement partnerships. •Build rapport with unsheltered homeless individuals to provide pathways to housing and linkages to other homeless systems and/or mainstream services.       Packet Pg. 664 17 •Identify and conduct regular and ongoing outreach to areas where unsheltered homeless people live, such as encampments, streets, under bridges and overpasses, and in isolated areas. •Work with and refer individuals and families to services that include Behavioral Health, Physical Health, and other key services. •Collaborate with other key stakeholders in creating and implementing plans to provide additional services and coordination of services to people living in encampment areas and vehicles. •Coordinate with other Agencies or City Departments (i.e., Public Works) on an ongoing basis when an encampment clean-up is scheduled. •Maintaining by-name lists for specific areas, individuals, or encampments to assist with coordination of services. •Provide supplies or other items to assist clients with meeting their basic needs and to build rapport (food, gift cards, socks, glasses, etc.). •Identify immediate needs that require short-term interventions, such as direct assistance for basic needs or emergency calls for urgent medical needs. •Provide transportation assistance to support clients with connecting to services in a safe provider vehicle for staff and clients, properly labeled street outreach. •Document outreach and engagement activities in the appropriate data system. 2. Rapid Response – Rapid Response provides a mechanism for community members to contact homeless outreach staff to strive to make contact and provide support to unsheltered homeless individuals. The goal is to be available to address (not necessarily resolve) issues in a timely manner. The community (merchants, Chamber of Commerce, the public) will have a point of contact number for the Rapid Response Team who will deploy to locations where there are concerns related to homelessness. Inquiries for rapid response to unsheltered homeless may come from agencies, medical providers, law enforcement, or the community at large. Response to the location must occur within 24 hours, Monday through Friday. It is NOT the expectation that this phone will be answered 24 hours a day, 7 days a week nor 365 days a year. Community members will be able to leave a message at this number, with the expectation that phone messages will be monitored Monday – Friday and all inquiries will be responded to in person within 24 hours, and the inquiring party is informed of the status within 72 hours. •Establish a process (including a dedicated phone number) for receiving (via phone and email), responding to, documenting, and tracking rapid response requests. •Communicate process for making rapid response inquiries to Agencies, medical providers, law enforcement, stakeholders, and other community members. •Deploy outreach staff to locations of inquiries and make reasonable efforts to make contact and engage with unsheltered homeless households.       Packet Pg. 665 18 •Conduct outreach within 24 hours of the request. 24 hours is the maximum response time during Monday to Friday standard business hours. •If contact is made and the client is willing, provide outreach and engagement activities, including all the outreach and engagement services listed above, with an emphasis on attempting to connect the individual to immediate assistance, such as an emergency shelter or other residential settings (detox, residential treatment program, etc.). •Maintain documentation of all inquiries and responses and status •Document services in a timely manner. 3. Intensive Case Management – Case Management provides intensive services to a set caseload of individuals, including working with each client to develop and implement a housing plan. Additionally, the Case Manager links and connects clients to other services to meet their needs (physical/mental health, vouchers). The clients are only placed on a caseload once they have been assessed by the Coordinated Entry System. A caseload size for a full-time outreach worker would typically be 15-20 unsheltered individuals at any given time. Certification of homeless status can be done by OUTREACH TEAM, Police Department Community district officers, Code officers, or City Homeless Services Coordinator. Outreach will also fill out appropriate forms for referred service agencies. The contractor will be responsible for creating an Outreach project with the county Homeless Management Information System (HMIS)also referred to as the Clarity system. •Apply a client-centered approach (individualized treatment planning), respecting individual strengths and preferences. •Implement trauma-informed care and harm reduction model. •Work closely with other Agencies (primary and mental health, housing location, etc.) to ensure a “warm transfer” of services once a client is housed or transitions into another program with case management, such as a shelter or residential treatment program. •Create and implement a client-centered housing plan to assist clients with rapidly and sustainably exiting homelessness. •Based on each client’s unique needs, link unsheltered clients to mainstream, health, and behavioral health services. •Work with shelter providers to facilitate temporary housing interventions and ensure clear roles and responsibilities on case plan and permanent housing goals. •Provide transportation assistance to assist clients with getting to shelter, appointments, etc. •Maintain knowledge of eligibility and referral/application processes for a wide range of housing resources, including permanent supportive housing (PSH), rapid re-housing, Veterans Affairs Supportive Housing vouchers (VASH), other subsidies/vouchers, senior housing, shared housing, affordable housing in the community, as well as other applicable resources such as detox services,       Packet Pg. 666 19 residential and outpatient substance use treatment programs, and long-term care facilities. •May provide supplies or other items to assist clients with meeting their basic needs and to build rapport (examples include food, gift cards, socks, and glasses). •Assist clients with completing the application or enrollment processes for housing programs. •Assist clients in obtaining vital documents (i.e., Social Security, Birth Certificate, and California Identification Card). •Identify non-housing-related services that clients are already connected to and coordinate with other Agencies to facilitate access. Contractor must serve all street-based persons who are experiencing homelessness such as Adults, Families, Veterans and Transitionally Aged Youth (TAY) and make appropriate “warm hand-offs” and referrals to perspective agencies. Warm hand off meaning the outreach work may transport and aid in making sure participant makes assessment and intake appointments regard to shelter, Drug rehabs, or housing placement, and or family reunifications when appropriate. Within the County of San Bernardino. Budget will include a set aside budget for family re-unifications for example, Greyhound tickets, Gas Cards or anything deemed needed by mgmt. to get to said location. Only approved when documentation of plan confirmed by receiving family members or friend. Outreach will build relationships within the City of San Bernardino and referrals consist of 1. Crisis Counseling 2. Crisis Centers 3. SB Hope Campus 4. Interim Housing Programs 5. Medical Heath 6. Mental Health 7. Substance abuse (SARC) 8. Documentation 9. CalWORKs & Cal Fresh 10. SSI &SSD 11. Legal Services 12. Employment Services 13. Housing Navigation 14. Domestic Violence Services 15. Other-community based organization/ Religious •Maintain case files of case notes on housing plan progress, required documentation for eligibility and housing applications, and current client consent       Packet Pg. 667 20 and release of information in a secure location. (Audits will be done by housing staff) •Document case management activities in the appropriate data system. 4. Multi-Disciplinary Team (MDT) Meetings – MDTs convey many benefits that include improved health outcomes and enhanced satisfaction for clients as well as a more efficient use of resources and service coordination for team members. Case Conferencing enables Homeless Service providers to utilize a broad array of professional and lived experiences to assess and plan the next steps for a client’s path to housing. Case Conferencing will be held at a minimum of once a month and will be used to address all client receiving case management services. The City’s Homeless Services Coordinator will act as a liaison to help facilitate monthly MDT meetings and incorporate local agencies and service providers for added support and resources (i.e., Department of Behavioral Health, Substance Abuse Counselors, Code Enforcement Officers, Police and Homeless Service Providers). In order to ensure shared knowledge and continuity of care throughout the City, the City’s Mayor will participate in MDT meetings. On days when the Mayor is not able to participate an alternate (pre-selected City Council Member) will attend meetings. During MDT meetings, outreach staff will report on each client receiving case management services (and who has signed the applicable Release of Information forms) and present the housing-focused case plan, updates on the progress toward housing, barriers, and challenges. MDT participating agencies (including the City) provide suggestions, resource, and when able provide direct pathways to various services and/or funding mechanism to assist clients and improve collaborative efforts with outreach staff. •Maintain a collaborative environment with representation at MDT meetings from law enforcement, homeless shelters, Service Agencies, and primary and mental health care. •Maintain strict confidentiality in case conferencing and follow program confidentiality policies regarding obtaining consent to share information/Release of Information forms. •Maintain an approved participant list of MDT members and maintain active participation by key partners. •Facilitate each MDT meeting and take written notes, including all action items and next steps for each client’s housing-focused case plan. •Provide information to clients on the MDT model and obtain consent for case conferencing within the MDT if clients are willing. •At each MDT meeting: Homeless outreach case manager who provides services to clients presents about each client who is receiving case management. The case manager presents the client’s housing-focused case plan, progress toward housing, eligibility for various housing resources, barriers, challenges, concerns, and needs and can request suggestions or support from MDT-approved participating agencies.       Packet Pg. 668 21 Additional Services At the City’s discretion, the Agencies may be asked to perform additional related tasks in addition to those currently anticipated above. The Agencies should therefore have the capability to provide related professional services. Program Components, Services Approach, Staffing, Start-Up Plan •Proposed approach, including an understanding of the scope of services to be provided and appropriateness of the proposed services. •Alignment with the Housing First approach. •Implementation of housing-focused services to assist each client with developing and implementing his/her/their plan to return to housing. •Client-centered, strengths-based approach. •Responsive to the needs of clients, including clients with significant barriers and challenges. •Proposed staffing model. •Staff training. •Accessibility of services, including staff’s language capacity and other facets of accessibility. •Accessible hours of operation, especially outside of regular business hours. Services are provided during times that are tailored to the needs of the clients. •Program management/oversight to support and supervise staff, data tracking and reporting, and overall quality of services. •Proposed approach that meets the stated timeline, including start-up timeline. Program Oversight Structure •The program includes a program manager/director who will be responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training and supervision of staff, partnerships with stakeholders, data tracking, and performance outcomes. The program manager and/or director may be full-time or part-time, depending on the size of the program. •The program works closely with staff from the City Manager's Office on program implementation and program structure as it relates to other outreach services in the community, and how this program interacts with other homeless system programs, such as the San Bernardino County’s Coordinated Entry System. •The program recruits, retains, trains, and supervises qualified program staff, who demonstrate experience in: a. Working with hard-to reach and hard-to-serve clients, who may otherwise be disconnected from mainstream and homeless system services and supports. b. This means providing ongoing, comprehensive staff trainings on best practices in working with homeless individuals with complex needs,       Packet Pg. 669 22 safety protocol and procedures, motivational interviewing, job functions and responsibilities, and emergency response protocol. Narccan training. c. Providing outreach during inclement weather episodes in which the Inclement Weather Program is activated, including cold weather, rainy weather, heat waves, and poor air quality. Cultural competence and sensitivity. Program includes multilingual staff. d. Trauma informed care, motivational interviewing, harm reduction, mental health, and other areas as needed to ensure they are equipped to work effectively with chronically homeless and unsheltered individuals. Staff should apply a strengths-based, person-centered approach to case management that utilizes motivational interviewing and other current best practices. e. Housing First principles and actively working to move the greatest number of unsheltered individuals towards permanent housing. f. Knowledge of the array of services available within the community. Staff maintain current knowledge of referral/application processes for shelter, housing resources, voucher and subsidy programs, senior housing, affordable housing, shared housing, substance use treatment programs, long-term care/medical facilities, and other applicable resources. g. Consistent documentation of services and data entry in an appropriate system h. The program provides outreach staff with support, training, and case consultation as needed with staff who have clinical expertise to brainstorm additional methods for engaging and serving clients. •The provider maintains written documentation of program policies and procedures and updates the documents on a frequent basis. Documentation includes all areas of program operations, including the following: a. High quality services consistent with the program model and aligned with Housing First principles. b. Process for receiving, documenting, and responding to referrals and requests for service. c. Process for clients to begin receiving case management and procedure for when case management ends. d. Frequency of supervision and process for staff to reach manager for urgent needs. e. Thorough, accurate, and timely documentation of all services in the HMIS system. f. Safety and emergency protocol. g. Incident report and resolution process. h. Confidentiality policies and applicable forms. i. Program implements Housing First principles, serves the hardest to serve the homeless, and actively works to move the greatest number of unsheltered individuals toward permanent housing.       Packet Pg. 670 23 j. Program implements a person-centered, strengths-based approach that tailors case management to each client. k. Collaboration with safety net providers, homeless providers, medical and behavioral health providers, substance use treatment programs, law enforcement, and other applicable partners. •Program has an internal grievance process that clients can use to resolve conflicts within the program. Written policies and procedures for resolving grievances, including a statement regarding the client’s right to request a reasonable accommodation, are posted in a conspicuous place and accessible to clients. Agency Qualifications, Experience, Capacity, and Outcomes •Recent relevant experience in providing services to the population(s) to be served and strong outcomes of the relevant services provided. •Demonstrated the capacity of the agency to provide the identified services. •Recent data demonstrating strong performance for relevant services provided. •Experience training and monitoring staff and program performance. •Expected performance outcomes and impact of services. •Experience and approach for incorporating strategies ensuring racial and gender equity for all program participants. •Experience and approach for incorporating people with lived experience of homelessness into the planning and implementation of the proposed program’s services, policies, and procedures. •Claims and violations against you or your organization. •Ability to meet timelines and all requirements. •Clearly defined roles and responsibilities Organizations that currently or previously contracted with the City will be reviewed for contract and program compliance, including financial management, timely and adequate submission of invoices and reports, monitoring results, performance, and any other relevant documentation or information. Customer Service •Grievance policy. •Demonstrated ability to collect and utilize feedback from clients in a systematic way to make program changes. •Assurance of high-quality services. •Responsive to the needs of clients. • Experience providing culturally and linguistically appropriate services, including approach to providing services to clients who speak a language other than English.       Packet Pg. 671 24 •Demonstrated ability to collect and utilize feedback in a systematic way from key partners including other community organizations and City and -- programs that work with vulnerable residents. Budget and Financial Capacity •Clarity of submitted budgets for services proposed in response. •Please demonstrate how the agency could scale the project if you received less than your proposed budget. •Experience administering grants or contracts from other public or private funders. •Agency’s overall stability and financial health. •Budget and budget narrative provide sufficient detail on staffing costs and other line items. •Experience tracking and reporting on funding for federal and state funded grants or contracts from other public agencies. •Additional financial resources identified to be leveraged by the agency. •Agency financial processes, including internal controls and compliance with accounting practices. Quality Assurance and Quality Improvement •Utilizing data to identify performance measure outcomes, areas of need, and service impact. •Ongoing quality assurance and quality improvement processes. •Demonstrated ability to provide complete, timely, and accurate data in a case •management system or other relevant experience that demonstrates the capacity for complete, timely, and accurate data entry/tracking. •Additional measurements/metrics/deliverables/assessments provided to demonstrate program impact.       Packet Pg. 672 25 COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND REQUIREMENTS This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). Contractor agrees to comply with the following: A.In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. B.In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications       Packet Pg. 673 26 and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115- 232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. C.A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. D.Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal       Packet Pg. 674 27 appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. E.Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389). F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. G.Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.       Packet Pg. 675 28 H.Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency. i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract. I.Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.       Packet Pg. 676 29 J.All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement. K.Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants       Packet Pg. 677 30 will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The       Packet Pg. 678 31 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. L.Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data       Packet Pg. 679 32 in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request. M.Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. N.Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. O.Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. P.Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.       Packet Pg. 680 33 Q.Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month. R.Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense. S.Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control. T.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. U.Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. V.Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. W.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and       Packet Pg. 681 34 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. X.Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. Y.Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20. Z.New Restrictions on Lobbying, Title 31 C.F.R. Part 21. AA.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601-4655) and implementing regulations. BB.Applicable Federal environmental laws and regulations. CC.Statutes and regulations prohibiting discrimination include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.       Packet Pg. 682 35 DD.Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. EE.Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.” FF.Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. GG.Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it: i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.       Packet Pg. 683 36 iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. II.The City must include the following language in every contract or agreement subject to Title VI and its regulations: “The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” JJ.Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. KK.Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. MM.Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.       Packet Pg. 684 37 NN.Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. OO.In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. PP.City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.       Packet Pg. 685 38 SCHEDULE OF CHARGES Description FTE Rate Years Total Cost Program Manager 1 $70,000.00 2 $140,000.00 Peer Specialist ($20/hr.)2 $41,600.00 2 $166,400.00 SUD Counselors ($24/hr.)2 $49,920.00 2 $199,680.00 Case Managers ($22/hr.)2 $45,760.00 2 $183,040.00 Data Coordinator 1 $56,160.00 2 $112,320.00 Salaries Subtotal 8 $263,440.00 2 $801,440.00 Employee Benefits @ 22%$801,440.00 $176,316.80 Subtotal Salaries & Employee Benefits $977,756.80 Operational Cost Service and Supplies Rates/Units Annual Cost Years Cost Client Expenses $75/600 $45,000.00 2 $90,000.00 Client Financial Assistance 189.25 $56,775.00 2 $113,550.00 Program Supplies $250 $3,000.00 2 $6,000.00 Office Supplies, Postage, Printing $250 $3,000.00 2 $6,000.00 Staff Training Development $100 $800.00 2 $1,600.00 Field Telephone Communications $360 $4,320.00 2 $8,640.00 Professional Liability Insurance 1 $5,000.00 2 $10,000.00       Packet Pg. 686 39 Vehicle Gas/Maintenance/Insurance 1300.00 $15,600.00 2 $31,200.00 Subtotal Services/Supplies $266,990.00 Lease Vehicle $18,000.00 2 $36,000.00 Office Space $3k/mth at $1.50 sq. Ft. $36,000.00 2 $72,000.00 Subtotal for Leases $108,000.00 One-Time Costs Technology/Set up Computers, Tablets, Tech, Software, Estimated 1,500 per employee $1,500.00 $12,000.00 8 $12,000.00 Subtotal for One-Time Costs $12,000.00 Administrative Administrative Overhead $135,274.68 $135,274.68 Subtotal Administrative Overhead $135,274.68 Project Total Costs $1,500,021.48       Packet Pg. 687 Addressing the City’s  Homeless Crisis Presented by: Cassandra Searcy, Deputy Director of Housing, and Homelessness       Packet Pg. 688 Homelessness State of Emergency Implementation Plan 1.Expand Shelter Bed Capacity 2.Introduce Dedicated Homeless Outreach Team 3.Establish Interim Shelter 4.Expand Mobile Showers + Laundry Services 5.SB HOPE Campus 6.Amended Municipal Code 7.Streamlined Application Process for new Emergency Shelters 8.Establish Shelter Operator Protocols 9.Compliance 10.Emergency Shelter Zone Overlay 11.Community Partners       Packet Pg. 689 123 183 358 276 639 823 992 1017 128 50 120 209 890 1056 1350 1502 Sheltered Unsheltered Transitional Total 2019 2020 2022 2023 123 183 358 276 639 823 992 1017 128 50 120 209 890 1056 1350 1502 City of San Bernardino Homelessness Data 2019-2023••611611 Total Shelter Total Shelter Beds NeededBeds Needed ••387 Active Shelter 387 Active Shelter BedsBeds ••224224 Beds Needed Beds Needed to Reach Goalto Reach Goal       Packet Pg. 690 Current City Shelters Organization​Demographic​Bed Count​ Lutheran Social Services​Men​70​ The Salvation Army​Women with Children​95​ Restoration House of Refuge​Men & Women​18​ Operation Grace​Women & Children​6​ Time for Change Foundation​Women & Children​18​ Mary’s Mercy Center​Men​76​ Mary’s Haven​Women & ​ Children​ 35​ The Way World Outreach​Men, Women & Children​70​   Total Bed Count 387       Packet Pg. 691 What Action is the City Taking ? •A New Dedicated Homeless Outreach Team •Expanded Mobile Shower Services       Packet Pg. 692 Strategic Partnerships SHERIFF’S HOPE  TEAM/INNROADS SALVATION ARMY DRO’S/COAST TEAM HEALTHCARE IN ACTION       Packet Pg. 693 Interim Shelter The City is taking steps to establish interim shelters using local churches, motel and vacant property to temporarily shelter unhoused individuals, while the City constructs its Navigation Center (SB HOPE Campus).       Packet Pg. 694 SB HOPE Campus.       Packet Pg. 695 Faster Deployment than Previously Thought Non-congregate, low barrier housing units can be built at a faster pace than previously reported with the right developer & a mix of prefabricated modular units.       Packet Pg. 696 Accessory Dwelling Unit/Tiny Home A 375 sq ft ADU delivered with a full- size bathroom, kitchen, appliances and tall ceilings with big windows.       Packet Pg. 697 Phase I – Surplus Land Declarations Discussion (Cont.) •The services, which may be funded with proceeds of the special tax  include: •All costs attributable to Maintenance of median landscaping and other public  improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage  and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be  expended to pay administrative expenses and for the collection of reserve funds. The Procurement Guidelines for ARPA permits noncompetitive procurement in the event of a public emergency. DIRECT CONTRACT WITH DEVELOPER 2 MONTHS TO DESIGN AND SET UP INFRASTRUCTURE 1 MONTH TO OBTAIN PERMITS-CITY CAN STREAMLINE APPROVAL PROCESS 4 MONTHS TO CONSTRUCT Estimated Timeline-7 Months Completion        Packet Pg. 698 Phase I – Surplus Land Declarations •The services, which may be funded with proceeds of the special tax  include: •All costs attributable to Maintenance of median landscaping and other public  improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage  and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be  expended to pay administrative expenses and for the collection of reserve funds. Projected Expenses Development Cost ARPA *Homekey Operating Cost City ARPA, County ARPA, PLHA *HHAP 3, *ERA2, *County Surplus Delivery & Set Up Cost for 112 Units $6.5M Year 1 Year 2 Cost to Construct $6.5M Start Up Cost $400,000 Contingencies $300,000 Annual Operational Cost $3.5M $3.5M Total $10.7M $3.5M Potential Funding Sources       Packet Pg. 699 Cost Comparison According to the 2020 San Bernardino County Cost Study chronically homeless individuals cost cities $31,873 per person per year just to manage. The cost to assist homeless individuals at the City’s SB HOPE Campus is $15,625 per person per year. Total cost for 224 people = $3.5 M       Packet Pg. 700 Phase I – Surplus Land Declarations Discussion (Cont.) •The services, which may be funded with proceeds of the special tax  include: •All costs attributable to Maintenance of median landscaping and other public  improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage  and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be  expended to pay administrative expenses and for the collection of reserve funds. A Lead Operator Will Provide Essential Services CASE MANAGEMENT WRAP AROUND SUPPORTIVE SERVICES MEALS SECURITY       Packet Pg. 701 Recommendations 1.Authorize the City to submit a joint Homekey application with Hope the Mission (HTM) for the development of the SB HOPE Campus. 2.Approve the Homeless Outreach Contract with HTM. 3.Authorize the City to negotiate and bring back a contract with HTM to act as the developer and lead operator of the Navigation Center. 4.Approve the Mobile Shower Agreement with Community Action Partnership. 5.Approve the reallocation of ARPA funds to provide interim housing. 6.Adopt the Homelessness State of Emergency Implementation Plan.       Packet Pg. 702 Phase I – Surplus Land Declarations Discussion (Cont.) •The services, which may be funded with proceeds of the special tax  include: •All costs attributable to Maintenance of median landscaping and other public  improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage  and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be  expended to pay administrative expenses and for the collection of reserve funds. Questions ?       Packet Pg. 703 These slides depict the general  areas of the Emergency Shelter  (ES) Overlay District. Precise  locations may be found in  Ordinance No. 1342. Emergency Shelter  District Overlay  Locations  City of San Bernardino Zoning Map       Packet Pg. 704 Emergency Shelter Overlay District Area 1 Some areas within the ES Overlay  may be developed.District Area 1 N Ward 6       Packet Pg. 705 Emergency Shelter Overlay District Area 2a District Areas 2a Some areas within the ES  Overlay may be developed. Ward 6 N       Packet Pg. 706 Emergency Shelter Overlay District Area 2b District Areas 2b Some areas within the ES  Overlay may be developed. N Ward 6       Packet Pg. 707 Emergency Shelter Overlay District Area 3 Some areas within the ES  Overlay may be developed. District Area 3 N Ward 3       Packet Pg. 708 Emergency Shelter Overlay District Area 4 Some areas within the ES Overlay  may be developed. N Ward 2 District Area 4       Packet Pg. 709 Emergency Shelter Overlay District Area 6 District Area 6 Some areas within the ES Overlay  may be developed. N Ward 3       Packet Pg. 710 Resolution No. 2023-076 Resolution 2023-076 May 17, 2023 Page 1 of 4 2 6 8 3 RESOLUTION NO. 2023-076 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CITY OF SAN BERNARDINO HOMELESSNESS STATE OF EMERGENCY IMPLEMENTATION STRATEGY WHEREAS, the City of San Bernardino desires to participate in, and maximize coordination and cooperation with, the regional strategies and systems addressing homelessness; 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 City has witnessed an unprecedented growth in homelessness since and approved the Homelessness Initiative Plan on December 7, 2022; and WHEREAS, the City is connected to the County’s Continuum of Care (CoC) and is a voting member of the County’s Interagency Council on Homelessness (ICH), which helps to identify a regional response to homelessness and assist persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/ease management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency centers, and new construction rehabilitation, and preservation of permanent and transitional programs; and WHEREAS, the Homelessness State of Emergency Implementation Strategy is found to be consistent with the City’s vision, mission and the City’s Homeless Initiatives Plan approved by Council on December 7, 2022; and       Packet Pg. 711 Resolution No. 2023-076 Resolution 2023-076 May 17, 2023 Page 2 of 4 2 6 8 3 WHEREAS, in the past 6 months, the City has already committed $24.5 million to mitigate homelessness; and WHEREAS, on February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-028, declaring a Homelessness State of Emergency in the City of San Bernardino in response to an on-going statewide and regional homelessness crisis; and WHEREAS, the City now wishes to adopt a formal strategy to guide the implementation of the City’s programs to address homelessness. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2 The Mayor and City Council hereby adopt the City of San Bernardino Homelessness State of Emergency Implementation Strategy as outlined in the staff report. The implementation strategy will help to streamline the development of emergency shelters, interim housing, and transitional housing, which will help to reduce homelessness, increase access to affordable housing and increase access to case management and services. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023. Helen Tran, Mayor City of San Bernardino       Packet Pg. 712 Resolution No. 2023-076 Resolution 2023-076 May 17, 2023 Page 3 of 4 2 6 8 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 713 Resolution No. 2023-076 Resolution 2023-076 May 17, 2023 Page 4 of 4 2 6 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-076, adopted at a regular meeting held on the 17th day of May 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. 714 2 6 8 4 ATTACHMENT 8       Packet Pg. 715 2 6 8 4 Glossary of Terms This reference has been developed to help clarify terms utilized within the staff report relative to emergency and transitional housing that may be unfamiliar to those who do not work in this area. Emergency Shelter For the purposes of this section only, an emergency shelter for the homeless means a facility operated by a "provider", other than a "community care facility" as defined in the California Health and Safety Code Section 1502, which provides temporary accommodations to homeless persons and/or families and which meets the state's standards for shelters. The term "temporary accommodations" means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed 90 days from the effective date of this ordinance. Interim Housing Interim housing is a part of the homeless response system and provides temporary housing for a longer period of time that what is normally offered in emergency shelters giving people time to stabilize and connect to services that lead to permanent housing. Due to the complexity of homelessness and current economic climate, many people are not able to find housing in 90 days. Typically, interim housing is offered to the target population for up to six months if needed. Transitional Housing Transitional housing refers to a supportive – yet temporary – type of accommodation that is meant to bridge the gap from homelessness to permanent housing by offering structure, supervision, support (for addictions and mental health, for instance), life skills, and in some cases, education, and training. Transitional Housing requires program participants to pay a portion of their monthly income for rent and usually provides a temporary rent subsidy for the duration of the program. Typically, transitional housing is offered for 24 months allowing people the ability to save money so that they can successfully transition into permanent housing.       Packet Pg. 716 1 2 5 3 PUBLIC HEARING City of San Bernardino Request for Council Action Date:May 17, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023-074, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting       Packet Pg. 717 1 2 5 3 Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act. Background The City of San Bernardino (“City”) has an exclusive franchise agreement with Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection, processing, and disposal services within the City. Recent changes to state law relative to organic waste collection require modifications to the existing Agreement. The proposed rate increases for solid waste services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. On December 7, 2022, the Mayor and City Council approved Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and disposal services. Three rate options for solid waste rate increases were proposed to the City Council to implement the SB 1383 requirements. The City Council selected Option 2, which was included in the Proposition 218 Notice as the Maximum Permitted Service Rates to City of San Bernardino customers. A copy of the Option 2 rates were attached as Exhibit A to the draft Proposition 218 notice in the December 7, 2022, agenda packet. On February 15, 2023, the Public Hearing was closed and void due to inadequate noticing. Staff reviewed the Proposition 218 Hearing Notice, and mailed out new notices on March 31st for a Public Hearing on May 17, 2023. Discussion Proposition 218 Process Public Notice of the proposed rate increase was sent to all property owners and residents within the City’s service area 45 days prior to the Proposition 218 Public Hearing. Property owners and customers may protest the proposed adjustment in writing; either in person at the public hearing or prior to City Clerk’s office mailing address, as shown on the notice. Formal written protests must include: 1. The identified property owner or tenant is in opposition to the proposed rate increase to the fees. 2. The location of the identified parcel. 3. The name and signature of the property owner or tenant submitting the protest. As of the date this staff report was published, the Public Works Department received approximately 51 calls from customers. The calls generally focused on clarification of the rate proposal, what the increase of rates were for, and requests for a Spanish copy of the Proposition 218 Notice. To date, the City has received 77 formal protest letters.       Packet Pg. 718 1 2 5 3 The current monthly residential rate for solid waste collection services is $26.42. In 2022, CPI rate adjustment was deferred and did not take effect on July 1, 2022, as negotiations were in process between the City and Burrtec. The proposed maximum permitted service rates will adjust the rate to $37.97 beginning July 1, 2023, as indicated in the Prop 218 Notice. The adjustment to the rate will go toward the implementation of the new organic waste programs the City is required to implement in order to be compliant with the SB 1383 mandate. SB 1383 Requirements Proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. Under the SB 1383 Regulations, collection will utilize a 3-container system for residents which will allow for commingling green waste and food waste in one bin, and 4-container system for commercial customers. Residents and businesses must separate organic waste (such as yard waste and food waste) from other trash to be managed at a facility other than a landfill. To accomplish this, all property owners, residents, and businesses will be required to enroll in collection services for trash, recyclables, and organic waste. Recycling services include processing of recyclables and organic wastes collected from all customers at state regulated facilities. Other portions of the solid waste service rate include fees charged to customers to provide inspections, enforcement, and oversight; maintain infrastructure; provide education and outreach; meet the organic procurement requirements, such as the acquisition of recovered compost and mulch; create an edible food recovery program; and comply with state mandates relating to solid waste service. Third Amendment to the Franchise Agreement with Burrtec Due to the SB 1383 mandate, the City is required to implement collection programs for residential and commercial waste generators. Under the mandate, more services will be required to implement a program that will keep the jurisdiction in compliance. The amendment to the franchise agreement with Burrtec addresses SB 1383 requirements by: •Providing food organics collection services to residential, multifamily, and commercial customers. •Providing education and outreach to customers on how to recycle organic waste. •Providing additional information if a customer is considered a Tier 1 or Tier 2 commercial edible food generators. •Identification of Tier 1 commercial edible food generators to help in creation of edible food recovery program.       Packet Pg. 719 1 2 5 3 •Implementing: o Record keeping; o Route reviews; o Waste evaluations; •Assistance with enforcement. •Assistance in the procurement requirements to meet the City’s recovered organic waste requirements. •Updating Liquidated Damages provisions to include penalties for failure to comply with SB 1383 requirements. •5% CPI Cap on the overall rate, except the pass-through costs of SB 1383 program. •5-Year Term Extension. To provide the additional service required by state law, an increase in the rates was proposed by Burrtec to fund the additional program. City staff met with Burrtec to negotiate solid waste service rates to implement the SB 1383 Regulations. Per Section 21.1.3(c) of the franchise agreement, Burrtec may adjust the Maximum Permitted Service Rates by an amount equal to the increase in costs due to a change in law. Based on the negotiations (option 2), SB 1383 rate increases will be phased in beginning FY 2023-2024 (with no rate change in FY 2022-2023). There will be an annual CPI rate adjustment with a five (5) percent cap on the overall rate, except for organic waste processing and disposal components related to SB 1383 requirements, which will be passed through and charged at full cost without being subject to the cap. The CPI adjustment will be calculated using the All-Urban Consumers Index (CPI-U) as published by the US Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All items, Riverside- San Bernardino- Ontario, CA. The agreement will extend the term of the franchise agreement by five years to March 31, 2031. With the approval of Amendment No. 3, the new rate for residential collections will increase from $26.42 to $37.97 per month ($11.55 per month increase), effective July 1, 2023. There will be an annual CPI rate adjustment with a five (5) percent cap on the overall rate. The SB 1383 organics processing and disposal costs for organic waste shall be passed on to customers that will be subject to increased service rates without being subject to the cap. Commercial collection rates can have numerous variations and are based on the size, type of materials accepted in the containers, and frequency of collections per week. The SB 1383 Implementation was to take effect on January 1, 2022. It should be       Packet Pg. 720 1 2 5 3 noted that if there is further delay of implementation, the State of California (CalRecycle) may issue a Notice of Violation, which the City will need to correct, or face fines up to $10,000 a day if not compliant with the state mandate. CalRecycle is aware of the efforts of the City and Burrtec to negotiate the required services to put the city in compliance. End Dump Services and Self-Haul During negotiations, commercial customers reached out for end dump services within our jurisdiction. There is no current service rate for end dump truck services, and therefore, Burrtec could not provide these services to projects requesting them. The City requested the service rate for end dump trucks to be posted on the proposed rate schedule to allow Burrtec to provide this service to customers requesting it. This added rate is charged hourly, as trucks are loaded live. There is no fiscal impact to adding this service rate and will follow the rate structure of the Franchise agreement and proposed Amendment No. 3 to the franchise agreement. The Self-Hauling definition has been revised to mirror Chapter 8.24 of the City’s municipal code, as the Franchise Agreement between Burrtec and the City noted municipal codes that were outdated. Exempt from CEQA The Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the Third Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. 2021-2025 Strategic Targets and Goals A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness. Fiscal Impact There will be no costs incurred to the General Fund with this action. The General Fund receives revenues from Burrtec Disposal through Franchise Fees; increased revenues received will be accounted for in the re-adoption of the FY 2023/24 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino,       Packet Pg. 721 1 2 5 3 California execute the following actions: 1. Conduct a Public Hearing to receive public comment on the proposed rate increases and Third Amendment to the City’s exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023-074, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries Inc., Adopting Maximum Permitted Service Rates, and Finding the Action Exempt from the California Environmental Quality Act. Attachments Attachment 1 Resolution 2023-074 Approving Third Amendment to Franchise Agreement Attachment 2 Proposition 218 Notice Attachment 3 Presentation of Rate Adjustment Attachment 4 Resolution No. 2016-10 and Franchise Agreement with Burrtec Waste Industries, Inc., approved January 25, 2016 Attachment 5 First Amendment to Franchise Agreement, approved January 25, 2016 Attachment 6 Second Amendment to Franchise Agreement, approved January 25, 2016 Ward: All Wards Synopsis of Previous Council Actions: January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc. December 7, 2022 Notice of Intent to Conduct a Public Hearing on February 15, 2023, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services.       Packet Pg. 722 Resolution No. 2023-074 RESOLUTION NO. 2023-074 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THIRD AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC., ADOPTING MAXIMUM PERMITTED SERVICE RATES, AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides refuse, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and WHEREAS, Burrtec is required to provide such solid waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”) to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and WHEREAS, the rate structure for solid waste, recycling, and organics (including green waste and food waste) collection is based on the container size, type of materials accepted in the containers, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel       Packet Pg. 723 Resolution No. 2023-074 upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, May 17, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the Charges, effective July 1, 2023, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail. SECTION 4. The City Council hereby approves the Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., attached hereto as Exhibit B and incorporated herein by this reference. SECTION 5. For the fiscal year beginning July 1, 2023, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass -through fees) charged to       Packet Pg. 724 Resolution No. 2023-074 customers will be less than the rates in the schedule in Exhibit A. The rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for organic waste. SECTION 6. This Resolution is not subject to the requirements of California Environme ntal Quality Act (“CEQA”). The approval of Amendment No. 1 is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City. SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. This Resolution shall take effect immediately upon adoption SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 725 Resolution No. 2023-074 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. 2023-074, adopted at a regular meeting held on the 17th day of May 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 May 2023.       Packet Pg. 726 EXHIBIT A MAXIMUM PERMITTED SERVICE RATES       Packet Pg. 727       Packet Pg. 728       Packet Pg. 729 EXHIBIT B THIRD AMENDMENT       Packet Pg. 730 THIRD AMENDMENT TO THE CITY OF SAN BERNARDINO’S EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC. This Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc. (“Third Amendment”) is made and entered into as of February 15, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California (“Contractor”). City and Contractor a re sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A.WHEREAS, the City and Contractor entered into an Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services dated January 25, 2016, as amended by the First Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services and the Second Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services (“Agreement”), for the purpose of providing the collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino; and B.WHEREAS, pursuant to Section 33.8 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor; and, C.WHEREAS, the SB 1383 Regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (Chapter 395, Statutes of 2016) require residential and commercial waste generators to participate in organic recycling programs; and D.WHEREAS, the SB 1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and E.WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations.       Packet Pg. 731 NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment and the Agreement, the Parties mutually agree as follows: 1.Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2.Definitions. The Definitions as stated in the Section 1 shall be amended to read as follows: a.1.19 “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U) for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA . b.1.27 “ Food Waste” means all food and food scraps such as but not limited to fruits, vegetables, meat, poultry, seafood, shellfish, b ones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oil, liquids, and grease when such materials are source separated from other Food Waste. c.1.34 “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a). d.1.48 “Term” means the operative life of this Agreement as stated in Section 4.2. e.“Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. f.“Material Processing Fees” means the per ton fee charged at such place or places for the purpose of receiving, sorting, processing, storing, or preparing materials for sale or further processing. 3.Self-Hauling. Section 2.9 shall be amended in its entirety to read as follows:       Packet Pg. 732 2.9 Self-Hauling. Self-hauling is allowed as specified in the San Bernardino Municipal Code. This Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the San Bernardino Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. “Self-hauling” shall have the same definition as in Section 8.24.010 of the San Bernardino Municipal Code. 4.Monthly Franchise Fee Payment. The following shall be added to the end of Section 3.4.8: The Franchise Fee Payment may be decreased by the City during the Term of this Agreement without Contractor’s prior written consent, and if the Franchise Fee is adjusted, City shall provide written notice to the Contractor. 5.Term. Section 4.2 shall be amended in its entirety to read as follows: 4.2 Term of Agreement. The term of this Agreement shall expire on March 31, 2031, subject to early termination or extension as may occur pursuant to this Agreement. 6.Term Extension. Section 4.3 shall be amended in its entirety to read as follows: 4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 2028, and end no later than March 31, 2029. (“Exclusive Negotiating Period”) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a       Packet Pg. 733 contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 7.Adjustments To Maximum Permitted Service Rates. Section 21.1.3 shall be amended in its entirety to read as follows: 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows: a)Annual Adjustment. On July 1, 2023 and each July 1st thereafter, Contractor may increase the Service Component of the Maximum Permitted Service Rates for all Service Recipients by CPI. Any Disposal Fees and Material Processing Fees for Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the CPI adjustment to the Maximum Permitted Service Rates. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1st of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor ’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1st of the Agreement Year. If the City Manager finds that Contractor’s proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contractor shall have thirty (30)days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b)Maximum Annual Increase. Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1st – June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years.       Packet Pg. 734 c)Adjustment Due to Change in Law. As used herein, “Change in Law” means the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e., on any direct or indirect cost, whether fixed or variable) of Contractor’s provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. d)The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment. 8.Container Contamination Minimization. Section 6.9.1 is hereby added to read as follows: 6.9.1 Container Contamination Minimization. Contractor shall assist in minimizing contamination by helping to educate customers on acceptable and non -acceptable materials, by monitoring the contents of collection containers, and by refusing to collect containers with visible prohibited container contaminants. Contractor shall, at its sole expense, either (1): conduct hauler route reviews each calendar year for prohibited container contaminants in containers in a manner that is deemed safe by the Contractor, is approved by the City, and is conducted in a manner that results in all hauler routes being reviewed, in accordance with 14 CCR Section 18984.5(b) or (2) conduct waste evaluations for prohibited container contaminants though sampling of materials from all container types and shall do so at least twi ce per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c). 6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of a reasonably representative number of containers, as directed and approved by the City, per hauler route to search for prohibited container contaminants, for each and every hauler route. The Containers shall be randomly selected by a method approved by the City. 6.9.1.2 Route Review Methodology. Contractor shall develop a hauler route review methodology that complies with the requirements of 14 CCR Sections 18984.5(b). Contractor shall submit its proposed hauler route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each hauler route review. Company’s proposed hauler route review methodology shall include its plan for container       Packet Pg. 735 inspections and shall also include its plan for prioritizing the inspection of customers that are more likely to be out of compliance. City shall review, comment on, and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval. If the City notifies the Contractor that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining City approval, conduct additional hauler route reviews, increased container inspections, or implement other changes using the revised procedure. 6.9.1.3 Scheduling. The City may request, and Contractor shall accept, modifications to the schedule to permit observation by the City subject to reasonable safety protocols. In addition, Contractor shall provide email notice to the City no less than ten (10) working days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s). 6.9.1.4 Documentation. Contractor shall document contamination with still pictures or video, and will notify the customer of the contamination and recycling requirements. Contractor may, at its discretion, collect the Container as Recyclable Materials, Organic Waste, or as Solid Waste. 6.9.1.5 Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken. 6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, beginning February 16, 2023, unless otherwise noted. 6.9.1.7 Commercial Generator Compliance Reviews. Contractor shall complete a compliance review of all commercial businesses that generate two (2) cubic yards or more per week of solid waste, including organic waste, to determine their compliance with: (i) generator requirements under the City Code and this Agreement; and, (ii) if applicable for the customer, self-hauling requirements per 14 CCR Section 18988.3. The compliance review shall mean a “desk” review of records to determine customers’ compliance with the above requirements and does not necessarily require on-site observation of service. 6.9.1.8 Compliance Review Process. Contractor shall conduct inspections of entities described in this subsection at a minimum of once per year or as directed by City to adequately determine the entities’ overall compliance with SB 1383. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance.       Packet Pg. 736 6.9.1.9 Non-Compliant Entities. From the Effective Date of this Third Amendment through December 31, 2023, when compliance reviews are performed by Contractor pursuant to this subsection, Contractor shall provide City-approved educational materials, in response to violations. Contractor shall provide these educational materials to the non-compliant customers within two (2) working days of determination of non - compliance or immediately upon determination of non-compliance if such non- compliance is determined during an inspection or hauler route review. Contractor shall document the non-compliant customers and the date and type of education materials provided and report such information to the City. Beginning January 1, 2024, the Contractor shall document non-compliant customers determined through Contractor’s compliance reviews, and shall report all customers with SB 1383 violations to the City. The City shall be responsible for subsequent enforcement action. 6.9.1.10 Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documen tation for each inspection, hauler route review, and compliance review conducted. 6.9.1.11 Documentation of SB 1383 Non-Compliant Incidents. Contractor shall maintain a computer database of all oral and written SB 1383-related non-compliant incidents reported to Contractor from customers or other persons. 6.9.1.11.1 Reports of SB 1383-Noncompliant Incidents. For reports received in which customers or other persons allege that an entity is in violation of SB 1383 requirements, Contractor shall document such incident investigations. Contractor shall provide this information in a brief incident report to the City for each SB 1383-noncompliant incident within five (5) working days of receipt of such incident, and a quarterly summary report of SB 1383-noncompliant incidents. 6.9.1.11.2 Investigation of SB 1383-Noncompliant Incidents. Contractor shall assist City in meeting its obligation to investigate non-compliant incidents by commencing an investigation within thirty (30) days of receiving notice of an incident in the following circumstances: (i) upon Contractor receipt of an incident that an entity may not be compliant with SB 1383 and if City determines that the allegations against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate an incident received by City, in which City determines that the allegations against the entity, if true, would constitute a violat ion of SB 1383. Contractor is required to investigate incidents against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, against Edible Food recovery organizations, Edible Food recovery services, and other entities regulated by SB 1383. Contractor shall investigate the incident by:       Packet Pg. 737 i.Reviewing the service level of the customer (if the entity is a customer of the Contractor); ii.Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver; iii.Reviewing the self-haul registration list, if applicable, to determine if the entity has registered and reviewing the entities reported self -haul information; iv.Inspecting premises of the entity identified in the incident notice, if warranted; and, v.Contacting the entity to gather more information, if warranted; vi.Affixing a City-approved notice of non-compliant incident report on the customer’s container that includes SB 1383 generator requirements and, if applicable, provides a City-approved deadline for correction. 6.9.1.11.3 Reporting. Within ten (10) days of completing an investigation of an SB 1383-noncompliant incident, Contractor shall submit to City an investigation incident report that documents the customer account in question, the nature of the incident, the investigation performed, and recommends to City whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation . The City shall make a final determination of the allegations against the entity. Contractor shall provide to City in its reports a list of all customer non-compliant incident notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor incident list shall include the customer’s account information, including customer’s then-current service level, the nature of the incident, and Contractor’s efforts to resolve the incident. City, or its designee, shal l be responsible for investigating such outstanding incidents received by Contractor. Within three (3) business days of the City’s or its designee’s request, Contractor shall provide City or its designee with customer account information and other documentation that may be useful in the investigation such as records of the customer’s most recent change(s) in service level and other customer service records. Nothing contained herein shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedure s, provided it complies with       Packet Pg. 738 SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time. 9.Procurement of Recovered Organic Waste. Section 6.15 is hereby added to read as follows: 6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure compost and or mulch necessary to meet thirty percent (30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers. Contractor agrees to act as a direct service provider on behalf of the City. Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2. 10.SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5. 11.End Dump Trucks. Section 9.6 is hereby added to read as follows: 9.6 End Dump Trucks. Upon request of a Customer, Contractor shall provide end dump services on a temporary basis. Charges for end dump services shall be in accordance with Exhibit 1 of this agreement. 12.SB 1383 Outreach and Education. Section 14.9 is hereby added to read as follows: 14.9 SB 1383 Outreach and Education. The Contractor shall conduct a public information program, as directed and approved by the City and meeting the requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents of the recycling and organic waste programs and their operation. Such program shall include media releases, advertisements, public appearances, community involvement programs to encourage participation in recycling efforts. A program plan shall be submitted to the City prior to January 1st of each year for approval. Contractor shall, consistent with 14 CCR Section 18985.1, provide generators with information on properly separating materials, organic waste prevention, on-site recycling, composting, methane reduction benefits, how to recycle organic waste, approved haulers, public health and environmental impacts associated with landfilling organic waste, self-haul requirements, and edible food donation. Contractor shall prepare and distribute public education and outreach materials in non-English languages spoken by a substantial number of the public that are provided organic waste collection services, consistent with the requirements of       Packet Pg. 739 Government Code section 7295. Annually, commencing in 2022, Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with information on the City’s edible food recovery program, generator requirements, and food recovery. Contractor shall cooperate and coordinate with the City Manager or his or her designee on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his or her designee on all Contractor -provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor include City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld. 13.Notice. Section 21.1.3(b) is hereby added to read as follows (and the existing (b)-(d) shall be relettered to (c)-(e): b)Notice. Contractor shall provide notice of such increase to all customers in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date. Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shal l be performed in a timely manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receivi ng a majority protest against the rate increase as part of such proceedings. 14.Submission of Reports. Section 24.4 shall be amended to read as follows: 24.4 Submission of Reports. Reports shall be submitted to: Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 15.Liquidated Damages. The following is added to the table within Section 30.54:       Packet Pg. 740 LIQUIDATED DAMAGES Item Amount y. Each occurrence of Contractor Collecting from Customers during unauthorized hours beyond the Contractor’s reasonable control. $250 per incident. z. Failure to provide Containers for SB 1383 Collection service to all customers, unless customer has been granted a waiver. $1,000 each week. aa. Failure to complete annual outreach and education requirements in accordance with this Agreement and SB 1383 Regulations. $1,000 per Agreement Year. bb. Failure to complete annual SB 1383 monitoring requirements by June 30 in accordance with this Agreement and SB 1383 Regulations. $1,000 per year. cc. Failure to complete annual reporting requirements by June 30 in accordance with this Agreement and SB 1383 Regulations. $1,000 per year. dd. Failure to contact Customers in response to complaints within one (1) business day or to resolve or remedy a Complaint within seven (7) calendar days of receiving such Complaint. $250 per incident ee. Failure to label Containers in accordance with this Agreement and SB 1383 Regulations. $250 per incident ff. Failure to issue contamination notices in accordance with this Agreement and SB 1383 Regulations. $50 per incident gg. Failure to conduct compliance tasks (i.e., perform route reviews or waste audits) in accordance with this Agreement and SB 1383 Regulations. $250 per incident hh. Failure to investigate complaints. $250 per incident       Packet Pg. 741 LIQUIDATED DAMAGES Item Amount ii. Failure to perform re-inspections in accordance with this Agreement and SB 1383 Regulations. $50 per incident jj. Submission of a late report required by the SB 1383 Regulations . $1,000 per incident. ll. Submission of an intentionally inaccurate and misleading report. $1,000 per incident. mm. Failure to fulfill any other obligation required by the SB 1383 Regulations in this Agreement. $250 per incident 16.Notices. Section 33.9 shall be amended to read as follows: 33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows: To City: Charles E. McNeely, City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: McNeely_ch@sbcity.org Copy to: Sonia Carvalho, City Attorney City of San Bernardino Best Best & Krieger LLP 18101 Von Karman Ave. Irvine, CA 92612 Email: Sonia.Carvalho@bbklaw.com And to: Daniel Hernandez, Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Hernandez_Da@sbcity.org To Contractor: Cole Burr, President       Packet Pg. 742 Burrtec Waste Industries, Inc. 9890 Cherry Ave. Fontana, CA 92335 17. Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.” 18. Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit A attached to this Third Amendment and incorporated by reference herein. 19. Contractor understands and agrees that it shall comply with any changes to the San Bernardino Municipal Code adopted by City necessary or advisable to ensure compliance with SB 1383 and the SB 1383 Regulations. 20. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” shall follow. 21. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. This Third Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective date first herein above written. CITY CONTRACTOR CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC. APPROVED BY: ______________________________ _____________________________ Charles McNeely Cole Burr City Manager President APPROVED AS TO FORM: ______________________________ Best Best & Krieger LLP City Attorney       Packet Pg. 743 Exhibit 1 Maximum Permitted Service Rates       Packet Pg. 744 EXHIBIT 1 MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Current 7/1/23 Rates Rates Rates Rates Residential/MF Barrel $ 26.42 $ 37.97 Commercial Compactors Residential 35 Gal Barrel n/a $ 31.87 Size Er!!9. Mobile Home Barrel $ 17.73 $ 37.97 2 cu. yrd. 1xWk $ 152.41 $ 170.60 2 cu. yrd. 2xWk $ 285.57 $ 320.23 Residential Trash Bins 2 cu. yrd. 3xWk $ 420.12 $ 471.35 Size Er!!9. 2 cu. yrd. 4xWk $ 553.86 $ 621.58 1 cu. yrd. 1xWk $ 128.28 $ 142.08 2 cu. yrd. 5xWk $ 687.86 $ 772.13 1 cu. yrd. 2xWk $ 235.06 $ 260.70 2 cu. yrd. 6xWk $ 914.95 $ 1,024.14 1 cu. yrd. 3xWk $ 348.56 $ 386.67 3 cu. yrd. 1xWk $ 179.87 $ 204.99 1 cu. yrd. 4xWk $ 459.37 $ 509.70 3 cu. yrd. 2xWk $ 335.00 $ 378.55 1 cu. yrd. 5xWk $ 567.48 $ 629.77 3 cu. yrd. 3xWk $ 492.89 $ 564.01 1 cu. yrd. 6xWk $ 757.61 $ 839.29 3 cu. yrd. 4xWk $ 643.92 $ 737.55 2 cu. yrd. 1xWk $ 128.87 $ 144.94 3 cu. yrd. 5xWk $ 805.93 $ 911.95 2 cu. yrd. 2xWk $ 236.22 $ 266.42 3 cu. yrd. 6xWk $ 1,076.39 $ 1,213.48 2 cu. yrd. 3xWk $ 350.32 $ 395.26 4 cu. yrd. 1xWk $ 179.87 $ 204.99 2 cu. yrd. 4xWk $ 461.70 $ 521.11 4 cu. yrd. 2xWk $ 335.00 $ 382.98 2 cu. yrd. 5xWk $ 570.42 $ 644.09 4 cu. yrd. 3xWk $ 492.89 $ 564.01 2 cu. yrd. 6xWk $ 761.10 $ 856.41 4 cu. yrd. 4xWk $ 643.92 $ 737.55 3 cu. yrd. 1xWk $ 137.52 $ 156.59 4 cu. yrd. 5xWk $ 805.93 $ 923.05 3 cu. yrd. 2xWk $ 260.45 $ 297.28 4 cu. yrd. 6xWk $ 1,076.39 $ 1,226.80 3 cu. yrd. 3xWk $ 387.00 $ 441.90 3 cu. yrd. 4xWk $ 508.39 $ 580.90 Commercial/MF/Resi GW Bins 3 cu. yrd. 5xWk $ 632.44 $ 722.80 Size Er!!9. 3 cu. yrd. 6xWk $ 967.58 $ 1,094.85 1 cu. yrd. 1xWk $ 123.20 $ 134.32 4 cu. yrd. 1xWk $ 151.54 $ 174.10 1 cu. yrd. 2xWk $ 227.60 $ 248.14 4 cu. yrd. 2xWk $ 286.96 $ 330.61 1 cu. yrd. 3xWk $ 334.68 $ 364.89 4 cu. yrd. 3xWk $ 422.35 $ 487.11 1 cu. yrd. 4xWk $ 441.75 $ 481.61 4 cu. yrd. 4xWk $ 556.44 $ 642.18 1 cu. yrd. 5xWk $ 547.45 $ 596.85 4 cu. yrd. 5xWk $ 690.50 $ 797.21 2 cu. yrd. 1xWk $ 124.09 $ 135.29 4 cu. yrd. 6xWk $ 1,194.23 $ 1,355.27 2 cu. yrd. 2xWk $ 229.37 $ 250.07 6 cu. yrd. 1xWk $ 219.94 $ 253.11 2 cu. yrd. 3xWk $ 337.33 $ 367.77 6 cu. yrd. 2xWk $ 419.68 $ 484.19 2 cu. yrd. 4xWk $ 445.28 $ 485.47 6 cu. yrd. 3xWk $ 620.77 $ 716.76 2 cu. yrd. 5xWk $ 551.88 $ 601.68 6 cu. yrd. 4xWk $ 827.26 $ 955.19 3 cu. yrd. 1xWk $ 133.05 $ 145.06 6 cu. yrd. 5xWk $ 1,016.26 $ 1,174.57 3 cu. yrd. 2xWk $ 251.25 $ 273.92 6 cu. yrd. 6xWk $ 1,207.95 $ 1,396.87 3 cu. yrd. 3xWk $ 367.95 $ 401.15 3 cu. yrd. 4xWk $ 484.67 $ 528.41 Commercial/MF Trash Bins 3 cu. yrd. 5xWk $ 599.99 $ 654.14 Size Er!!9. 4 cu. yrd. 1xWk $ 145.54 $ 158.68 1 cu. yrd. 1xWk $ 145.42 $ 160.77 4 cu. yrd. 2xWk $ 270.47 $ 294.88 1 cu. yrd. 2xWk $ 266.44 $ 294.92 4 cu. yrd. 3xWk $ 396.78 $ 432.59 1 cu. yrd. 3xWk $ 395.11 $ 437.42 4 cu. yrd. 4xWk $ 524.47 $ 571.80 1 cu. yrd. 4xWk $ 520.70 $ 576.58 4 cu. yrd. 5xWk $ 649.41 $ 708.02 1 cu. yrd. 5xWk $ 643.27 $ 712.42 6 cu. yrd. 1xWk $ 167.50 $ 182.62 1 cu. yrd. 6xWk $ 858.77 $ 949.59 6 cu. yrd. 2xWk $ 311.65 $ 339.77 2 cu. yrd. 1xWk $ 146.08 $ 163.70 6 cu. yrd. 3xWk $ 458.56 $ 499.95 2 cu. yrd. 2xWk $ 267.76 $ 300.81 6 cu. yrd. 4xWk $ 587.64 $ 640.67 2 cu. yrd. 3xWk $ 397.10 $ 446.27 6 cu. yrd. 5xWk $ 746.87 $ 814.28 2 cu. yrd. 4xWk $ 523.35 $ 588.34 35Gal Barrel 1xWk n/a $ 47.65 2 cu. yrd. 5xWk $ 646.58 $ 727.14 35Gal Barrel 2xWk n/a $ 80.42 2 cu. yrd. 6xWk $ 862.73 $ 967.24 35Gal Barrel 3xWk n/a $ 108.44 3 cu. yrd. 1xWk $ 155.88 $ 176.60 35Gal Barrel 4xWk n/a $ 136.83 3 cu. yrd. 2xWk $ 295.24 $ 335.22 35Gal Barrel 5xWk n/a $ 174.51 3 cu. yrd. 3xWk $ 438.67 $ 498.24 65Gal Barrel 1xWk n/a $ 55.23 3 cu. yrd. 4xWk $ 576.27 $ 654.93 65Gal Barrel 2xWk n/a $ 95.50 3 cu. yrd. 5xWk $ 716.89 $ 814.90 65Gal Barrel 3xWk n/a $ 131.36 3 cu. yrd. 6xWk $ 1,096.78 $ 1,235.74 65Gal Barrel 4xWk n/a $ 168.30 4 cu. yrd. 1xWk $ 171.77 $ 196.16 65Gal Barrel 5xWk n/a $ 215.96 4 cu. yrd. 2xWk $ 325.27 $ 372.39 4 cu. yrd. 3xWk $ 478.75 $ 548.61 Commercial Food Waste 4 cu. yrd. 4xWk $ 630.74 $ 723.20 Size Er!!9. 4 cu. yrd. 5xWk $ 782.71 $ 897.76 2 cu. yrd. 1xWk $ 263.53 $ 287.31 4 cu. yrd. 6xWk $ 1,353.70 $ 1,529.16 2 cu. yrd. 2xWk $ 475.26 $ 518.15 6 cu. yrd. 1xWk $ 249.30 $ 285.12 2 cu. yrd. 3xWk $ 670.32 $ 730.81 6 cu. yrd. 2xWk $ 475.72 $ 545.30 2 cu. yrd. 4xWk $ 866.88 $ 945.11 6 cu. yrd. 3xWk $ 703.65 $ 807.13 2 cu. yrd. 5xWk $ 1,095.40 $ 1,194.25 6 cu. yrd. 4xWk $ 937.71 $ 1,075.63 2 cu. yrd. 6xWk $ 1,257.62 $ 1,371.11 6 cu. yrd. 5xWk $ 1,151.95 $ 1,322.54 35Gal Barrel 1xWk n/a $ 67.63 6 cu. yrd. 6xWk $ 1,369.23 $ 1,572.75 35Gal Barrel 2xWk n/a $ 120.41 35Gal Barrel 3xWk n/a $ 168.42 Commercial Barrel $ 26.42 $ 29.24 35Gal Barrel 4xWk n/a $ 216.81 (incl Trash & Recycling Barrel) 35Gal Barrel 5xWk n/a $ 274.48 35Gal Barrel 6xWk n/a $ 313.05 Commercial/MF/Resi Recycling Bins 65Gal Barrel 1xWk $ 78.46 $ 85.54 Size Er!!9. 65Gal Barrel 2xWk $ 143.25 $ 156.18 All Sizes 1xWk $ 53.59 $ 58.42 65Gal Barrel 3xWk $ 203.65 $ 222.03 All Sizes 2xWk $ 107.17 $ 116.83 65Gal Barrel 4xWk $ 264.40 $ 288.26 All Sizes 3xWk $ 160.76 $ 175.27 65Gal Barrel 5xWk $ 333.63 $ 363.74 All Sizes 4xWk $ 215.00 $ 234.39 65Gal Barrel 6xWk $ 385.35 $ 420.13 All Sizes 5xWk $ 268.58 $ 292.81 All Sizes 6xWk $ 322.17 $ 351.24       Packet Pg. 745 EXHIBIT 1 MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Rates Rates Roll-Off• Service Only -Refuse Permanent -Plus Disposal $ 381.73 $ 422.93 -Refuse Temporary I $ 615.90 I I $ 450.75 Iincl Diso + Disoosal -Recycling (Different Materials) -Plus Disposal $ 381.73 $ 416.18 -Recycling (Different Materials) -Plus Disposal $ 167.96 $ 176.36 BWI/COE/Customer Owned Receiver n/a $ 334.88 Compactor Box n/a $ 466.13 Miscellaneous RO Compactor Repair (per hour) $ 76.21 $ 83.09 Compactor Cleaning ( each/single occurrence) $ 151.90 $ 165.61 Dry Run / Relocate Roll Offs (Perm & Temp) $ 85.44 $ 93.15 Stand By / Roll-Back Roll Offs (Perm & Temp) $ 154.58 $ 168.53 per occurrence in excess of 15 min End Dump Service (per Hour) n/a $ 234.38 Roll Off Daily Rental Fee (Perm & Temp) $ 42.03 $ 45.82 Roll Off Retractable Lid Monthly Rental Fee n/a $ 257.70 Additional Services Pull Out Service -Backyard Barrel Frail/Handicap (ResVMH/MF) N/C N/C Extra Trash Barrel (ResVMF/MH/Commercial) $ 14.77 $ 16.11 Extra Recycling Barrel (ResVMF/MH/) N/C N/C Extra Recycling Barrel (Com) $ 26.98 $ 29.41 Extra Green Waste Barrel (ResVMF only) $ 12.93 $ 14.10 Pull Out Service -Bin (1-6 Yard) x1 $ 76.63 $ 83.55 Temporary Bin (3 Yrd) - 7 Day use $ 78.60 $ 85.69 Temp Bin Dump and Return $ 78.60 $ 85.69 Residential/Commercial -Barrel Exchange (first Exchange free) charge does not apply to graffiti or $ 17.24 $ 18.80 damaged barrels Commercial -Barrel Replacement comml-lost or stolen $ 85.16 $ 92.84 Bin Services -Bin Exchange (first Exchange free) charge does not apply to graffiti or $ 86.22 $ 94.00 damaged bins -Bin Replacement + actual cost of bin comml-lost or stolen $ 93.98 $ 102.46 Bin Enclosure Cleaning (each/single occurrence) $ 42.33 $ 46.15 Bin Steam Cleaning ( each/single occurrence) $ 42.33 $ 46.15 Clean-Up Service (per 15 min) $ 41.27 $ 44.99 Recycling Contamination Barrel n/a $ 11.51 Recycling Contamination (each bin) $ 67.20 $ 73.27 Extra Pick-Ups Bins -On Service Day 1 & 2 Yard (Trash/Recyc) $ 28.80 $ 31.40 3 Yard (Trash/Recyc) $ 31.32 $ 34.15 4 Yard (Trash/Recyc) $ 34.31 $ 37.41 6 Yard (Trash/Recyc) $ 40.65 $ 44.32 Extra Pick-Ups All Bins -On Non-Service Day (Trash) $ 51.25 $ 55.87 Extra Pick-Ups All Bins -On Non-Service Day (Recyc) $ 39.87 $ 43.47 Extra Pick-Ups Compactors (Trash) 2Yard $ 31.32 $ 34.15 3&4 Yard $ 34.31 $ 37.41 Extra Pick-Up Barrel -Residential/Mobile Home $ 10.56 $ 11.51 Extra Pick-Ups FW Bins $ 99.73 $ 108.73 Extra Pick-Ups Barrel -FW $ 29.69 $ 32.37 Tilhopper (3 yd) $ 34.18 $ 37.26 Lock $ 20.16 $ 21.98 Late set-out fee $ 32.74 $ 35.69 Late Fee 1.5% 1.5% Certificate of Destruction $ 127.03 $ 138.50 Shopping cart retrieval $ 25.00 $ 26.25 Water Reclamation $ 131.00 $ 142.82       Packet Pg. 746 NOTICE OF PUBLIC HEARING PROPOSITION 218 NOTIFICATION TO PROPERTY OWNERS AND CUSTOMERS TO CONSIDER INCREASES TO SOLID WASTE SERVICE RATES Si usted necesita una copia de la carta en español, por favor visite el sitio https://www.sbcity.org/swrates o puede recoger una copia en el departamento de Public Works (201 N E St, San Bernardino, CA, 92401 edificio B segundo piso). Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on May 17, 2023, at 7:00 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”). The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution. Proposed Solid Waste Rates Burrtec Waste Industries, Inc. (“Burrtec”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. Burrtec bills the customers directly for the services. Rates for Solid Waste Services are evaluated periodically to maintain an adequate rate structure to fund the costs of providing Solid Waste Services to residents and commercial businesses. The rate structure for monthly Solid Waste Services has four customer classes: (i) mobile home, (ii) single-family, (iii) multi- family dwelling, and (iv) commercial. The rates for Solid Waste Services imposed on each customer class are determined on the basis of (i) the size of the container serving the property; (ii) the type of container (e.g., trash, recycling, or green/organic waste) serving the property; and (iii) the frequency of pickups per week. The proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). The proposed rates are calculated to recover the costs of providing weekly organic waste collection services, outreach, education, monitoring, reporting and container labeling to comply with the SB 1383 regulations, and to proportionately allocate those costs on a parcel basis among various customer classes. The rates to be imposed are set forth in Exhibit A of this Notice. Annual Adjustments • CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics. • Organic Waste Processing & Disposal Pass-through Fees: The proposed maximum rates for Solid Waste Services in Exhibit A shall be adjusted annually to account for processing and disposal fees for organic waste. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the actual processing and disposal costs for organic waste shall be passed through to customers in the rates. The entire schedule of proposed maximum permitted rates, including miscellaneous services, are included with this notice and can be found at the City Clerk’s office (see address below), or on the City of San Bernardino website at http://sbcity.org/swrates.       Packet Pg. 747 Public Hearing and Written Protest Process Any property owner whose property is to be subject to the proposed increases to the rates for the Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Written protests must include the following: (1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior 3 p.m. on May 17, 2023. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates. Written protests may be submitted as follows: BY MAIL TO: (by May 17, 2023, 3 p.m.) HAND DELIVERED TO CITY CLERK’S OFFICE: (by May 17, 2023, 3 p.m.) SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 290 NORTH “D” STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 201 NORTH “E” STREET BUILDING A SAN BERNARDINO, CA 92401 IN PERSON AT PUBLIC HEARING: (on May 17, 2023, 7 p.m. until close of public comment) FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services and the annual rate adjustments as described herein. If written protests against the proposed Solid Waste Services and annual rate adjustments are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the Solid Waste Services fees, the City Council will be authorized to impose the Solid Waste Services and annual rate adjustments as outlined above. If adopted, the proposed rate increases will take effect beginning July 1, 2023. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services. Questions If you have questions regarding this notice or how your rates will be affected, please visit http://sbcity.org/swrates. You can also call (909) 384-5375 or Prop218Support@sbcity.org.       Packet Pg. 748 EXHIBIT A MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Current 7/1/23 Rates Rates Rates Rates Residential/MF Barrel 26.42$ 37.97$ Commercial Compactors Residential 35 Gal Barrel n/a 31.87$ Size Freq Mobile Home Barrel 17.73$ 37.97$ 2 cu. yrd.1 x Wk 152.41$ 170.60$ 2 cu. yrd.2 x Wk 285.57$ 320.23$ Residential Trash Bins 2 cu. yrd.3 x Wk 420.12$ 471.35$ Size Freq 2 cu. yrd.4 x Wk 553.86$ 621.58$ 1 cu. yrd.1 x Wk 128.28$ 142.08$ 2 cu. yrd.5 x Wk 687.86$ 772.13$ 1 cu. yrd.2 x Wk 235.06$ 260.70$ 2 cu. yrd.6 x Wk 914.95$ 1,024.14$ 1 cu. yrd.3 x Wk 348.56$ 386.67$ 3 cu. yrd.1 x Wk 179.87$ 204.99$ 1 cu. yrd.4 x Wk 459.37$ 509.70$ 3 cu. yrd.2 x Wk 335.00$ 378.55$ 1 cu. yrd.5 x Wk 567.48$ 629.77$ 3 cu. yrd.3 x Wk 492.89$ 564.01$ 1 cu. yrd.6 x Wk 757.61$ 839.29$ 3 cu. yrd.4 x Wk 643.92$ 737.55$ 2 cu. yrd.1 x Wk 128.87$ 144.94$ 3 cu. yrd.5 x Wk 805.93$ 911.95$ 2 cu. yrd.2 x Wk 236.22$ 266.42$ 3 cu. yrd.6 x Wk 1,076.39$ 1,213.48$ 2 cu. yrd.3 x Wk 350.32$ 395.26$ 4 cu. yrd.1 x Wk 179.87$ 204.99$ 2 cu. yrd.4 x Wk 461.70$ 521.11$ 4 cu. yrd.2 x Wk 335.00$ 382.98$ 2 cu. yrd.5 x Wk 570.42$ 644.09$ 4 cu. yrd.3 x Wk 492.89$ 564.01$ 2 cu. yrd.6 x Wk 761.10$ 856.41$ 4 cu. yrd.4 x Wk 643.92$ 737.55$ 3 cu. yrd.1 x Wk 137.52$ 156.59$ 4 cu. yrd.5 x Wk 805.93$ 923.05$ 3 cu. yrd.2 x Wk 260.45$ 297.28$ 4 cu. yrd.6 x Wk 1,076.39$ 1,226.80$ 3 cu. yrd.3 x Wk 387.00$ 441.90$ 3 cu. yrd.4 x Wk 508.39$ 580.90$ Commercial/MF/Resi GW Bins 3 cu. yrd.5 x Wk 632.44$ 722.80$ Size Freq 3 cu. yrd.6 x Wk 967.58$ 1,094.85$ 1 cu. yrd.1 x Wk 123.20$ 134.32$ 4 cu. yrd.1 x Wk 151.54$ 174.10$ 1 cu. yrd.2 x Wk 227.60$ 248.14$ 4 cu. yrd.2 x Wk 286.96$ 330.61$ 1 cu. yrd.3 x Wk 334.68$ 364.89$ 4 cu. yrd.3 x Wk 422.35$ 487.11$ 1 cu. yrd.4 x Wk 441.75$ 481.61$ 4 cu. yrd.4 x Wk 556.44$ 642.18$ 1 cu. yrd.5 x Wk 547.45$ 596.85$ 4 cu. yrd.5 x Wk 690.50$ 797.21$ 2 cu. yrd.1 x Wk 124.09$ 135.29$ 4 cu. yrd.6 x Wk 1,194.23$ 1,355.27$ 2 cu. yrd.2 x Wk 229.37$ 250.07$ 6 cu. yrd.1 x Wk 219.94$ 253.11$ 2 cu. yrd.3 x Wk 337.33$ 367.77$ 6 cu. yrd.2 x Wk 419.68$ 484.19$ 2 cu. yrd.4 x Wk 445.28$ 485.47$ 6 cu. yrd.3 x Wk 620.77$ 716.76$ 2 cu. yrd.5 x Wk 551.88$ 601.68$ 6 cu. yrd.4 x Wk 827.26$ 955.19$ 3 cu. yrd.1 x Wk 133.05$ 145.06$ 6 cu. yrd.5 x Wk 1,016.26$ 1,174.57$ 3 cu. yrd.2 x Wk 251.25$ 273.92$ 6 cu. yrd.6 x Wk 1,207.95$ 1,396.87$ 3 cu. yrd.3 x Wk 367.95$ 401.15$ 3 cu. yrd.4 x Wk 484.67$ 528.41$ Commercial/MF Trash Bins 3 cu. yrd.5 x Wk 599.99$ 654.14$ Size Freq 4 cu. yrd.1 x Wk 145.54$ 158.68$ 1 cu. yrd.1 x Wk 145.42$ 160.77$ 4 cu. yrd.2 x Wk 270.47$ 294.88$ 1 cu. yrd.2 x Wk 266.44$ 294.92$ 4 cu. yrd.3 x Wk 396.78$ 432.59$ 1 cu. yrd.3 x Wk 395.11$ 437.42$ 4 cu. yrd.4 x Wk 524.47$ 571.80$ 1 cu. yrd.4 x Wk 520.70$ 576.58$ 4 cu. yrd.5 x Wk 649.41$ 708.02$ 1 cu. yrd.5 x Wk 643.27$ 712.42$ 6 cu. yrd.1 x Wk 167.50$ 182.62$ 1 cu. yrd.6 x Wk 858.77$ 949.59$ 6 cu. yrd.2 x Wk 311.65$ 339.77$ 2 cu. yrd.1 x Wk 146.08$ 163.70$ 6 cu. yrd.3 x Wk 458.56$ 499.95$ 2 cu. yrd.2 x Wk 267.76$ 300.81$ 6 cu. yrd.4 x Wk 587.64$ 640.67$ 2 cu. yrd.3 x Wk 397.10$ 446.27$ 6 cu. yrd.5 x Wk 746.87$ 814.28$ 2 cu. yrd.4 x Wk 523.35$ 588.34$ 35Gal Barrel 1 x Wk n/a 47.65$ 2 cu. yrd.5 x Wk 646.58$ 727.14$ 35Gal Barrel 2 x Wk n/a 80.42$ 2 cu. yrd.6 x Wk 862.73$ 967.24$ 35Gal Barrel 3 x Wk n/a 108.44$ 3 cu. yrd.1 x Wk 155.88$ 176.60$ 35Gal Barrel 4 x Wk n/a 136.83$ 3 cu. yrd.2 x Wk 295.24$ 335.22$ 35Gal Barrel 5 x Wk n/a 174.51$ 3 cu. yrd.3 x Wk 438.67$ 498.24$ 65Gal Barrel 1 x Wk n/a 55.23$ 3 cu. yrd.4 x Wk 576.27$ 654.93$ 65Gal Barrel 2 x Wk n/a 95.50$ 3 cu. yrd.5 x Wk 716.89$ 814.90$ 65Gal Barrel 3 x Wk n/a 131.36$ 3 cu. yrd.6 x Wk 1,096.78$ 1,235.74$ 65Gal Barrel 4 x Wk n/a 168.30$ 4 cu. yrd.1 x Wk 171.77$ 196.16$ 65Gal Barrel 5 x Wk n/a 215.96$ 4 cu. yrd.2 x Wk 325.27$ 372.39$ 4 cu. yrd.3 x Wk 478.75$ 548.61$ Commercial Food Waste 4 cu. yrd.4 x Wk 630.74$ 723.20$ Size Freq 4 cu. yrd.5 x Wk 782.71$ 897.76$ 2 cu. yrd.1 x Wk 263.53$ 287.31$ 4 cu. yrd.6 x Wk 1,353.70$ 1,529.16$ 2 cu. yrd.2 x Wk 475.26$ 518.15$ 6 cu. yrd.1 x Wk 249.30$ 285.12$ 2 cu. yrd.3 x Wk 670.32$ 730.81$ 6 cu. yrd.2 x Wk 475.72$ 545.30$ 2 cu. yrd.4 x Wk 866.88$ 945.11$ 6 cu. yrd.3 x Wk 703.65$ 807.13$ 2 cu. yrd.5 x Wk 1,095.40$ 1,194.25$ 6 cu. yrd.4 x Wk 937.71$ 1,075.63$ 2 cu. yrd.6 x Wk 1,257.62$ 1,371.11$ 6 cu. yrd.5 x Wk 1,151.95$ 1,322.54$ 35Gal Barrel 1 x Wk n/a 67.63$ 6 cu. yrd.6 x Wk 1,369.23$ 1,572.75$ 35Gal Barrel 2 x Wk n/a 120.41$ 35Gal Barrel 3 x Wk n/a 168.42$ Commercial Barrel 26.42$ 29.24$ 35Gal Barrel 4 x Wk n/a 216.81$ (incl Trash & Recycling Barrel)35Gal Barrel 5 x Wk n/a 274.48$ 35Gal Barrel 6 x Wk n/a 313.05$ Commercial/MF/Resi Recycling Bins 65Gal Barrel 1 x Wk 78.46$ 85.54$ Size Freq 65Gal Barrel 2 x Wk 143.25$ 156.18$ All Sizes 1 x Wk 53.59$ 58.42$ 65Gal Barrel 3 x Wk 203.65$ 222.03$ All Sizes 2 x Wk 107.17$ 116.83$ 65Gal Barrel 4 x Wk 264.40$ 288.26$ All Sizes 3 x Wk 160.76$ 175.27$ 65Gal Barrel 5 x Wk 333.63$ 363.74$ All Sizes 4 x Wk 215.00$ 234.39$ 65Gal Barrel 6 x Wk 385.35$ 420.13$ All Sizes 5 x Wk 268.58$ 292.81$ All Sizes 6 x Wk 322.17$ 351.24$       Packet Pg. 749 EXHIBIT A MAXIMUM PERMITTED SOLID WASTE SERVICE RATES Current 7/1/23 Rates Rates Roll-Off - Service Only - Refuse Permanent - Plus Disposal 381.73$ 422.93$ - Refuse Temporary 615.90$ 450.75$ incl Disp + Disposal - Recycling (Different Materials) - Plus Disposal 381.73$ 416.18$ - Recycling (Different Materials) - Plus Disposal 167.96$ 176.36$ BWI/COE/Customer Owned Receiver n/a 334.88$ Compactor Box n/a 466.13$ Miscellaneous RO Compactor Repair (per hour)76.21$ 83.09$ Compactor Cleaning (each/single occurrence)151.90$ 165.61$ Dry Run / Relocate Roll Offs (Perm & Temp)85.44$ 93.15$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ 168.53$ per occurrence in excess of 15 min End Dump Service (per Hour)n/a 234.38$ Roll Off Daily Rental Fee (Perm & Temp)42.03$ 45.82$ Roll Off Retractable Lid Monthly Rental Fee n/a 257.70$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF)N/C N/C Extra Trash Barrel (Resi/MF/MH/Commercial)14.77$ 16.11$ Extra Recycling Barrel (Resi/MF/MH/) N/C N/C Extra Recycling Barrel (Com) 26.98$ 29.41$ Extra Green Waste Barrel (Resi/MF only)12.93$ 14.10$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ 83.55$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ 85.69$ Temp Bin Dump and Return 78.60$ 85.69$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti or 17.24$ 18.80$ damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ 92.84$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti or 86.22$ 94.00$ damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ 102.46$ Bin Enclosure Cleaning (each/single occurrence)42.33$ 46.15$ Bin Steam Cleaning (each/single occurrence)42.33$ 46.15$ Clean-Up Service (per 15 min)41.27$ 44.99$ Recycling Contamination Barrel n/a 11.51$ Recycling Contamination (each bin)67.20$ 73.27$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 31.40$ 3 Yard (Trash/Recyc)31.32$ 34.15$ 4 Yard (Trash/Recyc)34.31$ 37.41$ 6 Yard (Trash/Recyc)40.65$ 44.32$ Extra Pick-Ups All Bins - On Non-Service Day (Trash)51.25$ 55.87$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc)39.87$ 43.47$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 34.15$ 3 & 4 Yard 34.31$ 37.41$ Extra Pick-Up Barrel - Residential/Mobile Home 10.56$ 11.51$ Extra Pick-Ups FW Bins 99.73$ 108.73$ Extra Pick-Ups Barrel - FW 29.69$ 32.37$ Tilhopper (3 yd)34.18$ 37.26$ Lock 20.16$ 21.98$ Late set-out fee 32.74$ 35.69$ Late Fee 1.5%1.5% Certificate of Destruction 127.03$ 138.50$ Shopping cart retrieval 25.00$ 26.25$ Water Reclamation 131.00$ 142.82$ Additional Services       Packet Pg. 750 Title: Solid Waste Rate Adjustment and Third Amendment  to the Franchise Agreement for Integrated Solid Waste  Collection, Processing and Disposal Services. Presented by: Daniel Hernandez, Agency Director of Public Works, Operations  and Maintenance & Leslie Graciano, Environmental Programs Coordinator       Packet Pg. 751 Background •Burrtec Waste Industries, Inc. is the City’s franchise solid waste hauler. The City and  Burrtec entered the 10- year agreement in 2016 to provide trash, recycling, and green  waste services to the jurisdiction. The current term expires March 21, 2026. •The franchise agreement allows Burrtec to increase the service rates by Consumer Price  Index (CPI), not exceeding a 5% increase annually. •This is a beneficial aspect for rate increases, because the increase for overall service rates  based on the percentage of calculated inflation, is capped. •On December 7, 2022, the City Council considered three rate options and authorized the  issuance of the Proposition 218 Notice with Option 2. Franchise Agreement with Burrtec Waste Industries,  Inc.       Packet Pg. 752 Discussion •SB 1383 Regulations requires all businesses and residents to subscribe to organic waste  ( green + food waste) collection services, in addition to trash and recycling  services. •The City must implement the SB 1383 Regulations, or it could face penalties of up to  $10,000 per day for failing to comply. •CalRecycle is aware the City is under negotiations with Burrtec to amend the franchise  agreement to implement  SB 1383 requirements.  SB 1383 Implementation 2023       Packet Pg. 753 Discussion Continued Collection •Residential collection will utilize 3-container system •Commercial collection will utilize 4-container system, service levels dependent on  customer needs Education and Outreach Activities •Information distributed through community meetings, newsletters, automated calls,  feedback from route review audits/ waste evaluations, and onsite guidance SB 1383 Implementation 2023       Packet Pg. 754 Discussion Continued Assistance in Procurement Requirements •Compost & mulch giveaways, landscape and turf enhancements, organics  converted to heat, fuel,  and electricity Edible Food Recovery •Identify tier 1 food generators and food recovery organizations, estimate amount of  edible food being disposed and divert 20% of edible food from disposal to food  recovery organizations. SB 1383 Implementation 2023       Packet Pg. 755 Discussion Continued Compliance Monitoring and Enforcement •Document qualified customers, edible food generators, material processing waste  characterizations, route audit results, complaints investigated, recycled materials  procured, and organic waste diverted from landfill. Capacity Planning •City works with Burrtec to evaluate existing capacity for managing organic waste  processing & edible food recovery SB 1383 Implementation 2023       Packet Pg. 756 Rate Structure Discussion Continued       Packet Pg. 757 Discussion Continued •Moving Forward, the component of trash and regular recycling will continue to increase by  CPI only with a 5% maximum cap on these components. •CPI adjustment will be calculated using the All Urban Consumers Index (CPI-U) as published by the US  Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All Items, Riverside – San  Bernardino  – Ontario, CA •The organics recycling will be affected by both CPI and processing and disposal fees with  no 5% cap on this portion of the rate structure.  •Result: more protection for property owners and tenants subscribed to solid waste  services, as not all components of the rates are subject to CPI and processing and  disposal fees with no annual cap.  Amendment No. 3 to the Franchise Agreement with Burrtec       Packet Pg. 758 Discussion Continued •A 5-year extension to the agreement that will end March 31, 2031 •Liquidated damages added as it relates to SB 1383  •Implementation requirements for SB 1383 •​Record keeping  •​Route reviews  •​Waste evaluations  •​Assistance with enforcement  •​Assistance in the procurement requirements to meet the City’s recovered organic waste requirements.   Amendment No. 3 to the Franchise Agreement with Burrtec       Packet Pg. 759 1.​Conduct a Public Hearing to receive comments on the proposed rate increases and Third  Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection,  Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and  ​  2.​Close the Public Hearing after all public comments have been heard; and  ​  3.​Determine if written protests have been received from the owners and tenants from parcels  which are subject to the solid waste service rate increases, and, if a majority protest is not  received; and  ​ ​  4.​Adopt Resolution of the Mayor and City Council of the City of San Bernardino, California,  adopting rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive  Franchise Agreement to adjust the Maximum Permitted Service Rates for Integrated Solid  Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and  Finding the Action Exempt from the California Environmental Quality Act.​  Conclusion       Packet Pg. 760 1 2 RESOLUTION NO. 2016-10 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 4 WASTE INDUSTRIES, INC. TO PROVIDE REFUSE AND RECYCLING, STREET 5 SWEEPING AND RIGHT-OF-WAY CLEAN-UP SERVICES TO THE CITY 6 WHEREAS, the City filed for bankruptcy protection in August 2012; and 7 WHEREAS, as a result, a Recovery Plan in support of a Plan of Adjustment has been filed with the federal bankruptcy court and approved by the Common Council in May 2015 8 that indicated the Council's approval to seek more cost effective approaches to providing 9 services to the public; and 10 WHEREAS, the court and creditors expect the City to implement the Plan in good 11 faith and are closely monitoring the City actions toward implementation; and 12 WHEREAS, the City currently provides solid waste and recycling, street sweeping and right-of-way clean-up services to the public using city staff; and 13 WHEREAS, the City would need to invest almost $20 million just to replace its 14 outdated equipment used to support these activities; and 15 WHEREAS, the private sector performs these services more cost effectively due to 16 economies of scale including capital acquisition, fleet maintenance, workers compensation, employee recruitment, safety and training programs, customer service and billing, technology 17 and management; and 18 WHEREAS, most municipalities contract these services to the private sector; and 19 WHEREAS, the City Manager sent out Requests for Proposals in June, 2015 seeking 20 proposals for a 10-year agreement for solid waste and recycling, street sweeping and right-of- 21 way cleanup services with the option for a five-year renewal; and 22 WHEREAS, four companies responded to the RFP; and 23 WHEREAS, a team of professionals with no ties to any of the companies reviewed 24 and rated the proposals; and 25 WHEREAS, the companies were rated on a review of their financial strength, proposed customer rates, technical proposal, financial proposal, and references; and 26 27 28 1       Packet Pg. 761 WHEREAS, each company was interviewed and confirmed the customer rates and 1 financial proposal provided to the City and to identify guaranteed savings; and 2 WHEREAS, the evaluation team unanimously rated the proposal from Burrtec as the 3 best and most effective proposal for the City; and 4 WHEREAS, on November 16, 2015, the Common Council declared Burrtec to be the 5 successful proposer and authorized staff to: negotiate a ten-year agreement with Burrtec to provide solid waste and recycling, street sweeping, and right-of-way clean-up services, 6 consistent with the terms of their proposal and the RFP; work with the County of San Bernardino to determine if an acceptable agreement can be reached for landfill rates that 7 would allow waste to be returned to the County system without increasing rates or reducing 8 revenues to the City; and return to the Common Council for final contract approval. 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. A ten-year agreement with one possible five-year extension with 12 Burrtec Waste Industries, Inc, attached hereto as Exhibit"A" is hereby approved to provide 13 solid waste and recycling, street sweeping and right-of-way clean-tip services; 14 SECTION 2. Staff is directed to send written notice to Republic Industries, Inc. 15 terminating the City's processing agreement effective January 1, 2018. 16 17 SECTION 3. The $500,000 offered by Burrtec as part of their financial proposal is 18 hereby authorized to be distributed to employees transitioning to Burrtec and leaving city 19 employment, based primarily on seniority. 20 SECTION 4. The number of authorized full time positions in the Public Works 21 Department will be reduced by 87, effective April 1, 2016. 22 HI 23 24 25 26 27 28 2       Packet Pg. 762 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 2 TO PROVIDE REFUSE AND RECYCLING, STREET SWEEPING AND RIGHT-OF- WAY CLEAN-UP SERVICES TO THE CITY 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 5 and Common Council of the City of San Bernardino at a joint adjourned regular meeting 6 thereof, held on the 25th day of January, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 Q. - v- 18 Georgea Hanna,'CKU, City Clerk 19 The foregoing Resolution is hereby approved this day of Januar 2016. 20 21 R. Carey Day' , Mayor 22 City of San ernardino 23 Approved as to form: Gary D. Saenz, City Attorney 24 25 Byy. 26 27 28 3       Packet Pg. 763 2016-10 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. By and Between THE CITY OF SAN BERNARDINO and BURRTEC WASTE INDUSTRIES, INC. Approved on: January 25, 2016 Pagel of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 764 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 2 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 765 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. TABLE OF CONTENTS RECITALS 5 Section 1. Definitions 7 Section 2. Grant of Franchise 14 Section 3. Contractor's Payments Reimbursements, and Additional Revenues to City 17 Section 4. Term and Term Extensions 21 Section 5. Warranties and Representations 22 Section 6. Types and Frequency of Service 25 Section 7. SFD Collection Service 31 Section 8. MFD Collection Services 35 Section 9. Commercial Collection Service 36 Section 10. Collection Service for City Service Units 39 Section 11. Street Sweeping 41 Section 12. Right-of-Way Clean-Up Service 46 Section 13. Collection Routes 49 Section 14. Public Outreach Services. 50 Section 15. Collection Equipment 52 Section 16. Hiring of Displaced City Employees and Local Recruiting 57 Section 17. Privacy 58 Section 18. Service Exceptions• Hazardous Waste 58 Section 19. Customer Service 59 Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials 60 Page 3 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 766 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 21. Customer Rates and Billing Procedures 60 Section 22. Contractor's Books and Records: Audits 65 Section 23. Integrated Waste Management Act: Reporting Requirements 65 Section 24. Activities and Financial Reports; Adverse Information 66 Section 25. Indemnification and Insurance 71 Section 26. Performance Bonds 75 Section 27. Emergency Service 76 Section 28. Administrative Remedies; Imposition of Damages: Termination 77 Section 29. Referral to Referee; Hearing Procedures 80 Section 30. City's Additional Remedies 83 Section 31. Billing Audit and Performance Reviews 87 Section 32. Franchise Transfers City Consent; Fees 89 Section 33. General Provisions 90 Exhibit 1 Maximum Permitted Service Rates 95 Exhibit 2 City Facilities 99 Exhibit 3 Contractor's Facilities 103 Exhibit 4 City Sponsored Events 105 Exhibit 5 Transition Plan 107 Exhibit 6 Public Education & Outreach Plan 111 Exhibit 7 Diversion Plan 113 Exhibit 8 Customer Service Plan 117 Exhibit 10 Displaced City Employee Compensation Minimum Requirements 123 Exhibit 11 Contractor's Subcontractors 125 Page 4 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 767 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services ("Agreement") is hereby entered into by and between the City of San Bernardino, a California Charter City and a municipal corporation organized under the Constitution and laws of the State of California ("Cit '), and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California ("Contractor"), and is made on the terms and conditions provided below: RECITALS WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, the Legislature of the State of California, by enactment of its California Global Warming Solutions Act of 2006 ("AB 32"), requires that commercial generators statewide participate in recycling programs; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 341 AB 341") adopted a goal that seventy-five percent of solid waste generated state-wide be diverted from landfill by the year 2020. Furthermore, AB 341 requires that each commercial solid waste generator, including multi-family dwellings of five or more units, provide for recycling programs, and each City or County implement recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1594 ("AB 1594") eliminates cities and counties from receiving landfill diversion credit from green waste used being used as Alternative Daily Cover effective January 1, 2020; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1826 ("AB 1826") adopted requirements for each commercial solid waste generator, including multi-family dwellings of five or more units, to provide for organics recycling programs, and for each City or County to implement organics recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units by April 1, 2016; and Page 5 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 768 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and WHEREAS, City is obligated to protect the public health and safety of the residents and businesses of the City of San Bernardino and arrangements made by solid waste enterprises and recyclers for the collection of residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of residential and commercial Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RC RA'), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act CERCLA"), 42 U.S.C. §§ 9601 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches; and WHEREAS, City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, not City, which will arrange to collect Solid Waste from SFD, MFD, City and Commercial Service Units in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Organic Waste and collect and recycle Recyclable Materials from SFD, MFD, City, and Commercial Service Units in the City, and collect and recycle or dispose of Construction and Demolition Materials; and Page 6 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 769 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, there are no places within the City limits of the City of San Bernardino where active landfills for disposal are located, or which are suitable for the siting of a landfill and therefore Solid Waste must be exported from the City; and WHEREAS, City and Contractor agree that Contractor, not City, will select the landfill or transformation facility destination of the non-recyclable residential and commercial Solid Waste and Construction and Demolition Materials which Contractor will arrange to collect, that City has not, and by this Agreement does not, instruct Contractor on its collection methods, nor supervise Contractor in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Solid Waste; and WHEREAS, Contractor represents and warrants to City that Contractor has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and other agencies under the Act, to meet City's other requirements under the Act, to arrange with persons in charge of day-to-day activities of Service Units in the City for the collection, safe transport and disposal of Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Contractor has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City of San Bernardino determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Contractor were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino. NOW, THEREFORE, the City and Contractor, agree as follows: Section 1. Definitions Whenever any term used in this Agreement has been defined by the Municipal Code of the City of San Bernardino ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. For purposes of this Agreement the following definitions apply: Page 7 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 770 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.1 "AB 341" means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. AB 341 requires jurisdictions, on and after July 1, 2012, to implement a commercial solid waste recycling program. 1.2 "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency. 1.3 "AB 1594" means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal. 1.4 "AB 1826" means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from businesses. Each business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 1, 2020 is required to arrange for organic waste recycling services. 1.5 "ADC" or "Alternative Daily Cover" means cover material used to cover compacted Solid Waste in a Disposal Site, other than at least six (6) inches of earthen material, placed on the surface of the active face of the Solid Waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations as may be amended from time to time 1.6 "Agreement' or "Franchise Agreement" means this written Agreement between the City and Contractor, and all exhibits. See Section 2, below. 1.7 "Agreement Year" means each twelve (12) month period from April 1St to March 31St of each year beginning on the Service Commencement Date. 1.8 "Bin" or "Bins" means those 2, 3, 4, and 6 cubic yard containers provided by Contractor for the collection of Solid Waste, Recyclable Material and Organic Waste. 1.9 "Bulky Waste" means large and small household appliances, furniture, carpet, mattresses, white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items discarded by residential Service Recipients. Bulky Waste is a form of Solid Waste when discarded by the generator into the waste Page 8 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 771 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. stream. The term "Bulky Waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as Universal Waste Electronic Devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control. 1.10"Business Days" means Monday through Friday, during the hours of 8:00 a.m., through 5:00 p.m., except for holidays recognized by City. 1.11"Cart" or "Carts" means those wheeled containers up to 96-gallon capacity provided by Contractor for the collection of Organic Waste, Recyclable Materials, and Solid Waste. 1.12"City" means the City of San Bernardino, California. 1.13"City Representative" means the City Manager, or the City Manager's designee, authorized to administer and monitor the provisions of this Agreement. 1.14"City Service Unit" means those City properties or locations as set forth in Exhibit 2, "City Facilities", which is attached to and included in this Agreement. 1.15"Commercial Service Unit" means, premises in the City, other than SFD, MFD and City Service Units, where Solid Waste, Recyclable Materials, and Organic Waste are generated or accumulated. The term "Commercial Service Unit" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste). 1.16 "Commercial Organic Waste" means Green Waste and Food Waste separated at the source of generation for inclusion in the Commercial Organic Waste Collection Service program. 1.17"Integrated Solid Waste Collection, Processing and Disposal Services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of all Solid Waste, Organic Waste, (including Commercial Organic Waste, Food Waste, and Green Waste), Recyclable Materials, Construction and Demolition Materials, Bulky Waste, all as defined in this Agreement, produced, generated and/or accumulated within the City. 1.18 "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials. Construction and Demolition Materials, but not asbestos-containing materials, Page 9 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 772 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are within the scope of this Agreement, subject to the licensed contractor exception in Section 2.9, below. 1.19"Consumer Price Index" or "CPI" means the twelve (12) month annual average percentage change for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published the U.S. Department of Labor, Bureau of Labor Statistics, Series ID: "CUURA421SA0, Not Seasonally Adjusted, All Items, Los Angeles-Riverside-Orange County, CA." 1.20"Container" means Cart, Bin, or Roll-off. 1.21"Contractor" means Burrtec Waste Industries, Inc. a California corporation, a party to this Agreement. 1.22 "Displaced City Employee" means an employee of the City as of March 31, 2016 who was principally employed in the operation or support of City's refuse enterprise such as drivers, motor sweeper operators, maintenance workers, customer service representatives, and administrative support) and who would otherwise be discharged or laid-off as a result of City's grant of the Franchise to Contractor, or who has waived their bumping rights under the applicable collective bargaining agreement and decided to pursue a position offered by Contractor. 1.23"Disposal Facility" means such place or places specifically designated by the Contractor as listed in Exhibit 3 for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. 1.24"Effective Date" means the date by which Contractor and City have approved the Franchise Agreement (including all attachments) and their respective authorized representatives have executed the Franchise. 1.25"Franchise" means the exclusive right and privilege granted by this Agreement. 1.26"Payments to the City " means the negotiated payments as listed in Section 3 of this Agreement that are agreed upon by the City and Contractor in consideration of City's grant of the Franchise to Contractor and which, inter alia, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of this Franchise, the expenses of administering the program for the Solid Waste stream, reporting requirements under the Act and other related expenses. 1.27"Food Waste" means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, incidental food packaging and food soiled paper products. Food Waste is synonymous Page 10 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 773 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with "garbage" as that term is defined by Section 17225.30 of Title 14, California Code of Regulations. 1.28"Gross Receipts" means all monies, fees, charges, consideration received or imputed to Contractor and any Affiliate of Contractor, in connection with, arising from, or in any way attributable to the services set forth in this Agreement, including services carried out by any permissible subcontractor hereunder. Gross Receipts include, without limitation, any franchise fee imposed and collected pursuant to this Agreement. For purposes of calculating Monthly Franchise Fee Payments, Gross Receipts does not include revenue from the sale of Recyclable Materials. 1.29 "Green Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber, separated from the Solid Waste Stream. Green Waste" includes holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or palm fronds, or yucca, which are not suitable for composting. "Green Waste" is not a "Recyclable Material" but may be a form of Solid Waste if discarded into the waste stream. 1.30"Hazardous Waste" means any waste materials or mixture of wastes defined as a hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, and all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. Page 11 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 774 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.31"Household Hazardous Waste" means dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-Waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, stripes, and adhesives, auto batteries; and Universal Waste generated at a SFD or MFD Service Unit. 1.32 "Material Recovery Facility" means any facility, selected by the Contractor as listed in Exhibit 3, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 1.33 "Multi-Family Dwelling Service Unit" or "MFD Service Unit" means a multi- family dwelling unit such as mobile home parks, apartments, condominiums and town homes, which utilize Carts, Bins or Roll-offs for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.34"Organic Waste" means Green Waste and Food Waste. Organic Waste is a form of Solid Waste when discarded into the waste stream. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Parties. As of the date of execution of this Agreement, Organic Waste includes, but is not limited to the following: 1.34.1 Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds); 1.34.2 Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container); and, 1.34.3 Food Waste (cooked and uncooked food matter, incidental food packaging and food soiled paper products for commercial customers). 1.35"Organic Waste Processing Facility" means any facility selected by the Contractor as listed in Exhibit 3 that is designed, operated and legally permitted for the purpose of receiving and processing Organic Waste. 1.36"Parties" means the City and the Contractor. 1.37"Residence" or "Residential" means any and all dwelling units, as defined in the Land Use Zoning Ordinance" of the City of San Bernardino, and other buildings used for residential or dwelling purposes. 1.38"Recyclable Materials" is a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Page 12 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 775 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Parties. As of the date of execution of this Agreement, Recyclable Materials includes, but is not limited to the following: 1.38.1 Plastics (all numbered plastics); 1.38.2 Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans); 1.38.3 Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper); and, 1.38.4 Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass). 1.39 "Roll-off' means those 10 to 40 cubic yard containers that are normally loaded onto a motor vehicle and transported to an appropriate facility. 1.40 "SB 20" means the Electronic Waste Recycling Act of 2003. 1.41"Scavenging" means the unauthorized removal of Recyclable Materials from designated containers and/or place of collection. Scavenging is prohibited by Public Resources Code § 41950. 1.42"Service Commencement Date" means April 1, 2016, the date upon which Contractor becomes solely responsible for providing Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries. 1.43"Service Recipient" means SFD Service Unit, MFD Service Unit, City Service Unit, or Commercial Service Unit receiving service by the Contractor as specified by the Agreement. 1.44"Service Unit" means SFD Service Units, MFD Service Units, City Service Units, and Commercial Service Units. 1.45"Single-Family Dwelling Service Unit" or "SFD Service Unit" generally means a detached dwelling, or each dwelling unit of a duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home which utilizes Carts, or a Bin or Roll-off for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.46"Solid Waste" means and includes any materials defined as "solid waste" by Section 40191 of the California Public Resources Code, and specifically includes, without limitation, Construction and Demolition Materials, Recyclable Materials, Organic Waste, Bulky Waste, and all other non-hazardous materials, excluding Universal Waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount. Page 13 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 776 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.47"Temporary Bin or Roll-off Container Collection Service" means collection of a three (3) cubic yard Bin or ten (10) to forty (40) cubic yard Roll-off container placed in service by Contractor on a temporary basis for no more than seven (7) days between collections. 1.48"Term" means the operative life of this Agreement as stated in Section 4.2, which is ten (10) years beginning 12:01 am on April 1, 2016 ending 11.59 pm on March 31, 2026. 1.49"Transition Period" means the period of time between the Effective Date and the Service Commencement Date. 1.50"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches. 1.51"Work Days" mean the days Monday through Saturday, during the hours of 5:00 a.m., to 6:00 p.m., which is the general period Contractor provides regular collection services. Section 2. Grant of Franchise 2.1 Binding Agreement. In consideration of mutual promises and agreements made by the Parties and contained in this Agreement the Parties agree to be bound by the terms and conditions of this Agreement and that this Agreement shall be binding upon their successors-in-interest. 2.2 Prior Agreements. 2.2.1 Contractor agrees that the agreement between the City and Contractor titled "Professional Services Agreement For The Processing of Organic Materials, Recycling Materials and Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Burrtec Waste Industries, Inc." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to Contractor's East Valley Recycling & Transfer Station located at 1150 & 1250 South Tippecanoe Avenue, San Bernardino, CA 92408 is Page 14 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 777 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. terminated and superseded on the Service Commencement date of this Agreement. 2.2.2 Contractor agrees that the agreement between the City and Jack's Disposal, Inc. "Agreement Between The City Of San Bernardino And Jack's Disposal, Inc. For The Collection, Transportation, And Disposal Of Solid Waste And Construction Debris And For Provide Temporary Bin/Roll-off Services" dated May 25, 1995 is terminated and superseded on the Service Commencement date of this Agreement 2.2.3 Contractor agrees to abide by the tonnage delivery and payment provisions terms and conditions as required in the agreement between the City and Republic Services of Southern California, LLC, d.b.a. Inland Regional Material Recovery Facility (IRMRF") titled "Professional Services Agreement For The Processing Of Organic Materials, Recycling Materials And Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Republic Services of Southern California, LLC." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to the IRMRF located at 2059 E. Steel Road, Colton, CA 92324. Until such time that the agreement between the City and Republic Services of Southern California, LLC is terminated, Contractor is responsible for all payments due to Republic Services of Southern California LLC for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF. After such time that the agreement between the City and Republic Services of Southern California, LLC, is terminated, Contractor shall direct all Organic Waste, Recyclable Materials and Solid Waste collected by Contractor to permitted facilities as designated by Contractor. Contractor shall not be entitled to any additional compensation by the City or the City's rate payers for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF, except as may be provided in Section 21.1 of this Agreement. 2.3 Grant of Franchise; Exclusions. Except as expressly called out in this Agreement, Contractor is hereby granted the exclusive franchise, duty, right and privilege to control and direct all Solid Waste collected by the Contractor, including transfer, transport, recycling, processing and disposal of Solid Waste Organic Waste and Recyclable Materials generated within the boundaries of City subject to the terms and conditions set forth in this Agreement. 2.4 Exclusive Franchise. Contractor agrees that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code §40059. Page 15 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 778 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2.5 Waiver of Rights. Contractor waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, except as provided in the dispute resolution provisions of Section 28 and Section 29 of this Agreement. 2.6 Recycling Agent. Contractor is hereby designated the City's authorized recycling agent as that term is used in Public Resources Code § 41950. 2.7 C&D Materials. The collection and disposal of Construction and Demolition Materials from Service Units through the use of Roll-offs or other Bins is within the scope of this Agreement. Accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor utilizing its own employees and equipment at its job site is permissible in accordance with the Municipal Code. 2.8 Sale or Gift of Recyclable Materials. This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than Contractor; however, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, processing or transporting such Recyclable Materials, or as a consultation or broker's fee for recycling services. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Solid Waste is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception. 2.9 Self-Hauling. City Ordinance MC-1346, which modified Section 8.24.285 of the City's Municipal Code, permits that a construction contractor may self-haul recyclables or C&D waste generated by the construction contractor at the job site, utilizing its own employees and equipment, with the exception of roll-offs or other bins per the Municipal Code. In addition, San Bernardino Municipal Code section 8.24.010(8) provides that the City does not limit the right of an individual person, organization, or other entity from donating, selling or otherwise disposing of recyclable materials, provided that any such donation, sale or disposal is in accordance with the provisions of Chapter 8.24. In addition, San Bernardino Municipal Code section 8.24.050(E) provides that any person in the lawful possession of any property, other than a place of business, is not prevented from collecting and removing therefrom and, in a vehicle owned or lawfully possessed by him or her, from transporting any refuse, recyclable discards or green waste naturally accumulated upon such property so owned or lawfully possessed by him or her. As such, this Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the City's Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, Page 16 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 779 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic Waste Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. 2.10 Annexation. Territory annexed to the City and which is zoned or rezoned for residential or commercial use and which is not within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521 to continue to provide Solid Waste services shall be added to the Service Area covered by this Agreement. In the event that an annexed area is added to the Service Area, City and Contractor agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Contractor by another public entity with respect to the collection of Solid Waste Recyclable Materials, Bulky Waste and Organic Waste within the annexed area. In the event that an annexed area is within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521, City shall, within 30 calendar days of the effective date of annexation or at such time as may otherwise be required by law, mail a certified return receipt letter to the current Solid Waste enterprise informing them of the commencement of the five (5) year wind down notification per Public Resources Code § 49521. 2.11 Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other collection, diversion and recycling services not provided for in this Agreement, including, but not limited to catch basin clean-outs, contract services and "niche" recycling services which Contractor does not currently provide. In the event the City wishes, to provide a niche recycling service, e.g., collection of water heaters, in residential or commercial areas, Contractor shall have the initial opportunity to provide such niche recycling service at an agreed upon rate by the City and the Contractor. Section 3. Contractor's Payments, Reimbursements, and Additional Revenues to City 3.1 Contractor's Payments to City. In consideration of City's grant of the Franchise, Contractor shall pay and/or reimburse, as the case may be as provided in this Section 3, City in good and immediately available funds in United States Dollars. 3.2 Purchase of City-Owned Equipment/Personal Property. Contractor shall purchase all of City's equipment/personal property utilized in City's provision of Comprehensive Solid Wastes Services, as specified on the "List of City's Equipment/Property" attached to this Agreement as Exhibit 9 for Twelve Million Two Hundred Twenty Five Thousand Dollars ($12,225,000) which represents the Contractor's value of the specific equipment/personal property. Conveyance of and Page 17 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 780 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transfer of title to the personal property shall be effectuated by a Bill of Sale and title document deposited by City into an escrow and by Contractor's deposit of the Property Payment into the escrow. The Parties shall deposit their respective items into escrow within thirty (30) Business Days after the Effective Date of this Agreement. Escrow shall close on or before the Service Commencement Date. City represents that, as the date of conveyance of the equipment/personal property to Contractor, such equipment/personal property shall be free and clear of liens, encumbrances and of adverse claims of any kind. In addition, as of the date of conveyance, possession of equipment/personal property shall be deemed as being transferred to Contractor. 3.3 Procurement-Related Costs Reimbursement. Within twenty (20) days after the Service Commencement Date of this Agreement, Contractor shall pay City a maximum amount not to exceed of Two Hundred Fifty Thousand Dollars 250,000) as reimbursement for City's actual procurement-related costs in undertaking the request for proposal process and for the costs it will incur in transitioning Comprehensive Solid Waste Service to Contractor. Within ten (10) days after the Service Commencement Date of this Agreement, the City shall provide an invoice to Contractor specifying the dollar amount incurred by the City for this procurement. Contractor's reimbursement payment to the City shall be reduced by the amount of any payments made directly by Contractor to City authorized consultants assisting with this procurement. 3.4 Payments to City. For the privileges granted to and conferred upon Contractor by City under the Agreement, Contractor shall pay to City the amounts set forth below City Payments"), over the Term of this Agreement, unless the Agreement is earlier terminated or specifically amended to require otherwise: 3.4.1 One-Time, Up-Front Franchise Payment. No later than five (5) business days prior to Service Commencement Date of this Agreement, Contractor shall pay City Five Million Dollars ($5,000,000) for the right to assume City services. If the Five Million Dollars ($5,000,000) payment is not received by March 25, 2016, this Agreement shall be null and void and the City may exercise its rights for the value of the Performance Bond is Section 26 of this Agreement. 3.4.2 Displaced City Employee Payments. Within 30 days of the Service Commencement Date, Contractor shall pay Five Hundred Thousand Dollars 500,000) to Displaced City Employees in a method to be determined by the City. 3.4.3 Annual Value Added Franchise Payment. Beginning in Agreement Year 2, Contractor shall pay to City Five Hundred Thousand Dollars 500,000) each Agreement Year, with the first annual payment due on April 1, Page 18 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 781 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2017, and each succeeding installment payment due on April 1st of each year thereafter, with a final payment due on April 1, 2025. The total amount of all Annual Value Added Franchise Payments shall be Four Million Five Hundred Thousand Dollars ($4,500,000). 3.4.4 Host Fee Payment. Contractor shall pay the City a Host Fee as follows: a) Contractor shall make quarterly payments in the amounts as specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e covering the periods January 1 st — March 31 It, April 1 It — June 30th, July 1 It _ September 30th, and October 1st-December 31st. b) The Host Fee Payment is due on the last calendar day of the month following the prior quarter for services rendered, unless such day is a weekend or holiday, then the Host Fee Payment is due the next Business Day. C) For the period covering July 1, 2017 through December 31, 2017, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). d) For the period covering January 1, 2018 through March 31, 2018, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). e) Beginning April 1, 2018 and thereafter, Contractor shall pay to City Three Hundred Twenty Five Thousand Dollars ($325,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended. f)The Host Fee payment is based on an initial Two Dollars ($2.00) per ton applicable on City Solid Waste and Green Waste tonnage delivered to the East Valley Recycling & Transfer Station. The dollar amounts specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e are the amounts to be paid by Contractor. In addition, Contractor shall pay the City a higher amount if the actual annual tonnage delivered to the East Valley Recycling & Transfer Station when multiplied by a City approved per ton Host Fee results in a higher dollar amount. Contractor shall also pay the City a Host Fee for non-City Solid Waste and Green Waste tonnages delivered to the East Valley Recycling & Transfer Station that may be subject to an Page 19 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 782 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. approved City Host Fee, provided that the non-City jurisdictions have agreed to pay the Host Fee amount. Reconciliation of actual tons received and any increased payments to be made to the City for the prior calendar year will be on the subsequent April 1St payment period. The Host Fee Payment will increase in the same amount as any change to the Maximum Permissible Service Rates, and/ or in a percentage amount equivalent to any City approved Host Fee increase above the initial $2.00 per ton. 3.4.5 Landfill Maintenance Cost Avoidance Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St with the first quarterly payment being due by July 1, 2016. The Annual Landfill Maintenance Cost Avoidance Payment will increase in the same amount as any change to the Maximum Permissible Service Rates. 3.4.6 BioCNG Biofueling Station Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St, with the first quarterly payment being due on July 1, 2016. The BioCNG Biofueling Station Payment will be a concession payment for Contractor's use of City owned Biofuel station. If Contractor wishes to purchase BioFuel, Contractor and City shall enter into a separate agreement for the purchase of BioFuel. 3.4.7 Infrastructure Repair Fee Payment. Contractor shall pay to City Two Hundred Fifty Thousand Dollars ($250,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2016, and each succeeding payment due on April 1St of each year thereafter. The Annual Infrastructure Repair Fee Payment will increase at the same amount as any change to the Maximum Permissible Service Rates. 3.4.8 Monthly Franchise Fee Payment. Contractor shall pay City the Twenty Percent (20%) of the total Gross Receipts received by the Contractor for services provided by the Contractor under the terms of this Agreement. The Monthly Franchise Fee Payment is due on the last calendar day of the month for services rendered during the prior month, unless such day is a weekend or holiday, then the Monthly Franchise Payment is due the next Business Day. 3.4.9 Annual Recyclables Revenue Share Payment. Contractor shall pay City an amount equal to fifty percent (50%) of net revenue from the sale of Page 20 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 783 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. recyclable materials each calendar year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2017, and each succeeding payment due on April 1St of each year thereafter. For purposes of calculating the Annual Recyclables Share Payments, "net revenue" shall be the total dollar amount during each calendar year from the sale of Recyclable Materials collected and processed by Contractor under the terms of this Agreement less Contractor's cost for processing and marketing Recyclable Materials, and Contractor's cost for disposal of residual from processing Recyclable Materials. Contractor shall provide documentation accordance with Section 24.1.1. to allow the City to verify the amount of the Recyclables Revenue Share Payments 3.4.10 Final Payments. Any Contractor payments due to the City after March 31, 2026, or March 31, 2031 if this Agreement is extended, shall be made on the required scheduled day (April 1"for Sections 3.4.4, 3.4.5, 3.4.6, 3.4.7, and 3.4.9, or last calendar day of the month for Section 3.4.8). Section 4. Term and Term Extensions 4.1 Effective Date. The Effective Date of this Agreement shall be the date entered on the first page of this Agreement which is the date by which Contractor and City have approved the Franchise Agreement (with all exhibits attached) and their respective authorized representatives have executed the Franchise Agreement. 4.2 Term of Agreement. The term of this Agreement shall begin on April 1, 2016 and shall expire on March 31, 2026, subject to early termination or extension as may occur pursuant to this Agreement. 4.3 Term Extension. At City's sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to this Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term extension shall commence April 1, 2023, and end no later than March 31, 2024, ("Exclusive Negotiating Period") All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term nor to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Page 21 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 784 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 4.4 Continued Reporting. Section 23, Section 25, and Section 33 of this Agreement also require Contractor to provide services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 5. Warranties and Representations Contractor warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, the AB 939, SB 20, AB 341, AB 1594, AB 1826, laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, CalRecycle, and their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of San Bernardino, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 5.1 Minimum Diversion Requirements. The continued privilege of Contractor to provide Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries is subject to the satisfaction of each and all of the conditions set below, each of which may be waived in whole or in part by City. The Contractor must achieve all of the following Minimum Requirements. Failure to meet one or more of these requirements is a material breach of this Agreement and subject Contractor to the assessment of liquidated damages, early termination, or other remedies provided for under this Agreement. 5.1.1 Diversion Guarantee. Contractor must achieve a diversion from landfill rate of thirty-one percent (31%) by December 31, 2016; forty percent (40%) by December 31, 2020, and fifty-five percent(55%) by December 31, 2025. 5.1.2 The Maximum Permissible Customer Rates contemplates these Diversion requirements. Should the law change subsequent to the Effective Date of this Agreement and require higher Diversion rates than provided herein, then Page 22 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 785 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Contractor shall comply with such legally required Diversion rates and may adjust the Maximum Permissible Customer Rates as provided under Section 21.1.3(c) Adjustment Due to Change In Law." The diversion rate will be calculated as the tons of materials collected by Contractor from the provision of collection services that are sold or delivered to a Material Recovery Facility or Organic Waste Processing Facility, recycler or re-user, net of all residue, as required by this Agreement, divided by the total tons of materials collected under this Agreement by Contractor in each 12-month calendar year (January 1St — December 31S) City may also consider documented third party non-franchised recycling programs conducted within the City in determining compliance with the Minimum Diversion Requirements. In calculating the diversion rate, Contractor may include documentation of Recyclable Materials, Organics, or C&D Materials collected or backhauled by customers for delivery to an end-use market, re-seller, food bank, or processing facility. Documentation may include reports, receipts or other written materials that lists the type of materials and tonnage diverted from the customers' place of business that would otherwise have been collected by the Contractor as ether Solid Waste, Recyclable Materials, Organics, or C&D Materials. 5.1.3 Failure to Meet Minimum Requirements. Contractor's failure to meet the minimum requirements set forth in this Section 5 may result in the imposition of liquidated damages as specified in Section 30.5 or denial of an extension to this Agreement as specified in Section 4.3 and City's exercise of the remedies provided in Section 28 and Section 30.3. In determining the appropriate remedy, City will consider the efforts put forth by the Contractor in implementing the required programs to meet the minimum diversion requirements and the methods, the level of effort of the Contractor to fully implement the work plans attached to and included in this Agreement as Exhibits 5 — 8 and the City's current Per Capita rate as determined by CalRecycle. 5.1.4 Warranties and Representations. Contractor warrants and represents that it is aware of and familiar with City's waste stream, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the diversion requirements as set forth in Contractor's Diversion Guarantee, as well as the diversion requirements of the Applicable Laws including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) governing this Agreement (including AB 341, AB 939, AB 1594, AB 1826, SB 1016 and all amendments and related subsequent legislation), and that it shall do so without imposing any costs or fees other than those set forth in Exhibit 1 (including if new programs are implemented which are not called out herein). The programs identified herein Page 23 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 786 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are minimum requirements that must be met, and Contractor shall be responsible for implementing any other programs that may be necessary to achieve the forgoing. 5.1.5 Guarantee and Indemnification. Contractor warrants and guarantees that it will carry out its obligations under this Agreement in a manner consistent with Applicable Laws including specifically AB 939, AB 341, AB 1594, AB 1826 and SB 1016, and Contractor's actions will provide for the City to meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in Contractor's Diversion Guarantee and the Applicable Laws including AB 939, AB 341, AB 1594, AB 1826, and SB 1016 and all amendments thereto. In this regard Contractor agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense: a) To the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City and City's officials, employees, and agents from and against all fines and/or penalties and other liabilities which may be imposed by CalRecycle or any other regulatory agency if: (1) Contractor fails or refuses to timely provide information relating to its operations which is required pursuant to this Agreement or the Applicable Laws and such failure or refusal prevents or delays City from submitting reports required by the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826 in a timely manner; or (2)the source reduction and Recycling goals, diversion goals, program implementation requirements, or any other requirements of the Applicable Laws, including AB 939, AB 341, AB 1594, and AB 1826, are not met with respect to the waste stream collected under this Agreement; b) Assist City in responding to inquiries from CalRecycle or any other regulatory agency; C) Assist City in preparing for, and participating in, the CalRecycle's biannual review of City's SRRE pursuant to Public Resources Code Section 41825; d) Assist City in applying for any extension, including under Public Resources Code Section 41820, if so directed by City; e) Assist City in any hearing conducted by CalRecycle, or any other Page 24 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 787 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. regulatory agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826; f)Assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and Household Hazardous Waste Element, as well as any related requirements of the Applicable Laws; g) Provide City with Recycling, source reduction, and other technical assistance as may be needed to comply with the Applicable Laws including AB 939, AB 341, AB, 1594, and AB 1826; h) Defend, with counsel acceptable to City, City and City's officials, employees, and agents against the imposition of fines and/or penalties, or any other liabilities, issued by CalRecycle pursuant to the Applicable Laws including AB 939, AB 341, AB 1594 and AB 1826; i)Be responsible for and pay, any fees, penalties or other costs imposed against the City by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other liabilities, levied against it for violation of the diversion requirements, set forth in the Applicable Laws for services provided by Contractor under the terms of this Agreement, including AB 939, AB 341, AB 1594 and AB 1826, or for violation of any other provision of the Applicable Laws, including AB 939, AB 341, AB 1594 and AB 1826, arising from or in any way related to Contractor's performance of its obligations under this Agreement. Section 6. Types and Frequency of Service 6.1 Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Contractor with its Service Recipients within the City for the collection of Solid Waste shall provide for the collection of such waste generated or accumulated in Service Units within the City at least once per week, on the regular collection day, or more frequently as Contractor and its customers may agree. 6.2 Hours of Collection. Subject to the exceptions in Section 6.5, Contractor agrees that, in order to protect the quiet enjoyment of residents of the City, Contractor's Page 25 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 788 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection of Solid Waste, Recyclable Material, and Organic Waste from SFD Service Units shall take place Mondays through Fridays and shall be made between the hours of 5 a.m. and 6 p.m. SFD collection may occur on Saturdays following an observed holiday. MFD and Commercial/Industrial Solid Waste, Recyclable Material, and Organic Waste collection shall take place Monday through Saturday between the hours of 5 a.m. and 6 p.m. City collection service shall be provided between the hours of 5 a.m. and 6 p.m., Monday through Saturday. The hours, days, or both of collection may be extended with the prior written consent of the City Representative. 6.2.1 Restricted Hours. The City may direct Contractor to restrict the collection hours in areas around schools and in high traffic areas during peak commute hours. When the City is conducting road overlay or slurry projects, the City reserves the right to temporarily redirect or restrict Contractor from collection in the affected areas or temporarily change the collection hours if needed. The hours of collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. 6.3 Service Units. Service Units shall include all the following categories of premises which are in the service area as of the Service Commencement Date, and all such premises which may be added to the service area by means of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 6.3.1 SFD Service Units 6.3.2 MFD Service Units 6.3.3 Commercial Service Units 6.3.4 City Service Units Any question as to whether a premises falls within one of these categories shall be determined by the City Representative and the determination of the City Representative shall be final. 6.4 Service Unit Changes. City and Contractor acknowledge that during the Term of this Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide collection services. 6.4.1 Additions and Deletions. Contractor shall provide services described in this Agreement to new Service Units within five (5) work days of receipt of notice from City or new Service Unit to begin such service. 6.5 Holiday Service. Contractor observes January 1St, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and December 25th as legal holidays. Contractor shall not provide collection service on these designated holidays. In any week in which one of Page 26 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 789 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. these holidays falls on a work day, Service Unit collection service for the holiday and each work day thereafter will be delayed one work day for the remainder of the week with normally scheduled Friday collection services being performed on Saturday. MFD, commercial and City collection service shall be adjusted as agreed between the Contractor and the Service Recipient. 6.6 Processing and Disposal. 6.6.1 Compliance with Regulations. All materials collected under this Agreement shall be delivered to facilities that comply with the Department of Resources Recycling and Recovery regulations under Title 14, Chapter 3, Minimum Standards for Solid Waste, Recyclable Material, and Organic Waste Handling and Disposal (Article 5.9 — Sections 17380-17386). Contractor, and not the City, must assure that all disposal, transfer, and processing facilities are properly permitted to receive material collected under this Agreement. Failure to comply with this provision is a material breach of the Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement, and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.2 Permits and Approvals. Contractor must assure that all facilities selected by Contractor shall possess all permits and approvals by local enforcement agencies to be in full compliance with all regulatory agencies to conduct all operations at the approved location. Contractor shall, upon written request from the City, arrange for the facilities selected by the Contractor to provide copies of facility permits, notices of violations, inspection areas or concerns, or administrative action to correct deficiencies related to the operation. Failure to provide facility information is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.3 Disposal Facility. Beginning on the Service Commencement Date, except as set forth below, all Solid Waste collected as a result of performing collection services shall be timely transported to a fully permitted Disposal Facility as designated by Contractor, in accordance with applicable law. In the event the Disposal Facility is closed on a work day, the Contractor shall transport and dispose of the Solid Waste at such other legally permitted disposal facility. Failure to comply with this provision is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. Page 27 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 790 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.6.4 Organic Waste Processing Facility. Beginning on the Service Commencement Date, Contractor shall timely deliver all collected Organic Waste to a fully permitted Organic Waste Processing Facility as designated by Contractor, in accordance with applicable law. In the event the facility is closed on a Work Day, the Contractor shall transport and deliver the Organic Waste to such other legally permitted facility. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement, except residue resulting from processing, is delivered to an Organic Waste Processing Facility that operates in compliance with diversion and recycling legislation and regulations. Failure to comply with this provision is a material breach of this Agreement may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.5 Material Recovery Facility. Beginning on the Service Commencement Date all Recyclable Materials collected as a result of performing collections shall be delivered to a legally permitted Material Recovery Facility (MRF). In the event the MRF is closed on a work day, the Contractor shall transport and deliver the Recyclable Material to such other legally permitted MRF. Failure to comply with this provision may is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.6 Transformation Facilitv. At Contractor's option, Contractor may direct up to 10% of the City's total waste stream to a waste-to-energy facility for diversion purposes provided that such diversion is allowable and deemed to be diversion by CalRecycle. Contractor is not entitled to any additional compensation associated with Contractor's use of any Transformation Facility unless the City specifically directs Contractor to use a Transformation Facility. 6.6.7 Use of ADC (ADC). Contractor may utilize ADC for diversion of Green Waste provided that such diversion is allowable and deemed to be diversion by CalRecycle and higher use of Green Waste is not feasible. 6.7 Inspections. The City shall have the right to inspect the Contractor's facilities or collection vehicles and their contents at any time while operating inside or outside the City. 6.8 Commingling of Materials. 6.8.1 Source Separated Organic Waste and Recyclable Materials. Contractor shall not at any time collect source separated Organic Waste or source Page 28 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 791 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. separated Recyclable Materials with any Solid Waste collected pursuant to this Agreement, without the express prior written authorization of the City Representative. 6.8.2 Organic Waste Recyclable Material or Solid Waste Collected in City. Contractor shall not at any time collect any Organics, Recyclable Materials, or Solid Waste collected pursuant to this Agreement, with any other material collected by Contractor outside the City without the express prior written authorization of the City Representative. 6.9 Contamination. Contractor shall only be required to collect Recyclable Materials if they have been separated by the Service recipient from Solid Waste and Organic Waste, and shall only be required to collect Organic Waste if it has been separated by the Service Recipient from Solid Waste and Recyclable Materials. If Recyclable Materials are commingled with Solid Waste or Organic Waste, or Organic Waste is commingled with Solid Waste or Recyclables, to the extent that renders the entire Recyclable Materials or Organic Waste container contaminated, then Contractor will leave the container unemptied along with a non-collection notice which contains instructions on the proper procedures for setting out Recyclable Materials or Organic Waste. The Service Recipient has the option of removing the contaminated materials and the Contractor shall collect the Recyclables Materials or Organic Waste at the next scheduled collection day for no additional charge. If, however, the Service Recipient does not remove the contaminated materials, then the Contractor shall collect the contaminated Recyclable Materials or Organic Waste as Solid Waste on the Service Recipient's next regularly scheduled Solid Waste collection day. Contractor may charge for this service at the applicable Solid Waste collection rate for the type of customer and size of container as specific in EXHIBIT 1. 6.10 Graffiti Removal 6.10.1 Graffiti Removal from Carts or Bins. If Carts or Bins have been marked or tagged with graffiti, within 48 hours of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Carts or Bins that have been marked or tagged with graffiti. Contractor shall not deliver a Cart or Bin with any graffiti visible on the Cart Bin. 6.10.2 Graffiti Removal from Temporary Bins and Roll-offs. If Temporary Bins or Roll-offs have been marked or tagged with graffiti, by the next regular scheduled collection day, but no longer than seven (7) calendar days of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Temporary Bins or Roll-offs that have been marked or tagged Page 29 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 792 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with graffiti. Contractor shall not deliver a Temporary Bin or Roll-off with any graffiti visible on the Roll-off. 6.11 Spillage and Litter. The Contractor shall use its best efforts to not litter premises in the process of providing collection service or while its vehicles are on the road. The Contractor shall transport all materials collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from a Contractor's vehicle. The Contractor shall exercise all reasonable care and diligence in providing collection service so as to prevent spilling or dropping of Solid Waste, Organic Waste, or Recyclable Materials and shall immediately, at the time of occurrence, clean up such spilled or dropped materials. 6.11.1 Carelessness of Service Recipient. The Contractor shall not be responsible for cleaning up unsanitary conditions caused by the carelessness of the Service Recipient; however, the Contractor shall clean up any material or residue that are spilled or scattered by the Contractor or its employees. 6.11.2 Liquids from Operations. Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from the Contractor's operations or equipment repair shall be covered immediately with an absorptive material and removed from the surface. When necessary, Contractor shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. Contractor's vehicles shall at all times carry sufficient quantities of petroleum absorbent materials along with a broom and shovel. 6.11.3 Spillage and Litter from Operations. The above paragraphs notwithstanding, Contractor shall clean up any spillage or litter caused by Contractor within two (2) hours upon notice from the City. 6.12 Hazardous Waste. 6.12.1 Hazardous Waste. Under no circumstances shall Contractor's employees knowingly collect Hazardous Waste, or remove unsafe or poorly placed Hazardous Waste, from a collection Container. If Contractor determines that material placed in any Container for collection is Hazardous Waste, or other material that may not legally be accepted at the Disposal Facility or one of the processing facilities, or presents a hazard to Contractor's employees, the Contractor shall have the right to refuse to accept such material. The generator shall be contacted by the Contractor and requested to arrange for proper disposal service. If the generator cannot be reached immediately, the Contractor shall, before leaving the premises, leave a non-collection notice, which indicates the reason for refusing to collect the material, and how the Hazardous Waste can be properly disposed or recycled. Page 30 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 793 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.12.2 Notification of City. If Hazardous Waste is found in a collection Container that poses an imminent danger to people or property, the Contractor shall immediately notify the City Representative and the City's Public Safety (Police) Department. The Contractor shall immediately notify the City of any Hazardous Waste that has been identified. 6.12.3 Disposal. If Hazardous Waste is identified at the time of delivery to the Disposal Facility, or one of the processing facilities and the generator cannot be identified, Contractor shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste. 6.13 Regulations and Record Keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. 6.14 Transition. Contractor understands and agrees that the Transition Period is intended to provide the Contractor with ample and sufficient time to, among other things, order equipment, prepare necessary routing schedules and route maps, obtain any permits and licenses, establish/build facilities, and begin the public awareness campaign as part of the Contractor's transition program as specified in Exhibit 5 which is attached to and included in this Agreement. Contractor shall be responsible for the provision of all collection services beginning on the Service Commencement Date. Section 7. SFD Collection Service In addition to the general requirements in Section 6, these services shall be governed by the following terms and conditions: 7.1 Conditions of Service. The Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Organics, or Recyclable Materials are properly placed in Carts, except as set forth in Section 7.8, Contractor shall offer Solid Waste Carts in 64 and 96-gallon sizes, and Recyclables Materials and Organic Waste Carts in 64 or 96-gallon sizes. Contractor may offer alternative services to recipients receiving on-premise service. If collection in Carts is not sufficient to accommodate the amount of Solid Waste generated, Contractor may offer Bins or Roll-offs in sizes as allowable under this Agreement. 7.2 Collection Service. SFD collection shall be done where Solid Waste, Recyclable Materials, and Organic Waste Carts are placed within two (2) feet of the curb, swale, or at edge of street pavement for streets without curbs. This shall apply to Page 31 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 794 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. both public and private streets. Contractor may charge for collection at the rates as set forth in Exhibit 1. 7.2.1 On-Premise Collection Service — Physical Disability. A SFD Service Recipient, and all other adults living at the Service Unit residing therein, who have disabilities that prevent him/her from being physically unable to place Carts at the curb for collection shall receive on-premise collection service where all Carts are collected from a side-yard, backyard, or other off-street location agreed on between the Contractor and the Service Recipient. Contractor shall provide this service at the collection rates as set forth in Exhibit 1. 7.3 Frequency and Scheduling of Service. SFD Solid Waste, Recyclable Materials and Organic Waste shall be provided one (1) time per week on a scheduled route basis. SFD collection services shall be scheduled so that a SFD Service Unit receives SFD Solid Waste collection service and SFD Recyclable Materials collection service, and SFD Organic Waste collection service on the same Work Day. 7.4 Non-collection. Contractor shall not be required to collect any Solid Waste, Recyclable Material, or Organic Waste that is not placed in a Cart. In the event of non- collection, Contractor shall affix to the Cart a non-collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.5 SFD Solid Waste Collection Service. This service will be governed by the additional following terms and conditions: 7.5.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at rates per Exhibit 1, provided that additional Carts are used by Service Recipients for the purposes of setting out additional Solid Waste Materials for regular Solid Waste Material collection service. 7.5.2 Solid Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Solid Waste Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.6 SFD Recyclable Materials Collection Service. This service will be governed by the additional following terms and conditions: 7.6.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at no additional cost provided Page 32 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 795 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. that additional Carts are used by Service Recipients for the purposes of setting out additional Recyclable Materials for regular Recyclable Material collection service. 7.6.2 Recycling - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.7 SFD Organic Waste Collection Service. In addition to the requirements of Section 6, this service will be governed by the following terms and conditions: 7.7.1 Organic Waste Processing Services. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement are diverted from the landfill in accordance with AB 939 and any subsequent or other applicable legislation and regulations. Contractor reserves the right to dispose, rather than divert, any Organic Waste that is contaminated to an extent it is not suitable for processing. 7.7.2 Organic Waste Disposal. Contractor shall ensure that the Organic Waste collected pursuant to this Agreement is not disposed of in a landfill, except as a residue resulting from processing. For purposes of this Agreement, the application of Organic Waste as Alternative Daily Cover ("ADC') shall not constitute disposal, so long as, it is applied in accordance with standards adopted by the State of California and is allowable under AB 1594. 7.7.3 Additional Organic Waste Carts. Contractor shall provide additional SFD Organic Waste Carts to SFD Service Recipients within five (5) working days of request. Contractor shall be compensated for the cost of additional Organic Waste Carts in accordance with the "Additional Organic Waste Cart" Service Rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. 7.7.4 Holiday Tree Collection Service. Contractor shall collect Holiday Trees from all SFD Service Units as part of the SFD Organic Waste collection services. Contractor shall provide this service beginning on the first work day after December 25 until the end of the second collection week in January, or dates approved by the City. a) Contaminated Holiday Trees. Holiday trees that are flocked contain tinsel or other decorations or that do not have their stands removed may be delivered to the Disposal Facility at the discretion of the Contractor. Page 33 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 796 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Trees must be no taller than six (6) feet in length. Trees taller than six (6) feet in length must be cut in half for safe collection. 7.7.5 SFD Food Waste Collection Service. At such time as State Law mandates a separate residential Food Waste Program, Contractor and City shall negotiate the specific program requirements and costs to implement such Food Waste Program. 7.7.6 Non-collection. Contractor shall not be required to collect any Organic Waste that is mixed with either Solid Waste, or Recyclable Materials. In the event of non-collection, Contractor shall affix to the Organic Waste Cart a non- collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.8 On-Call Bulky Waste Collection Service. This service will be governed by the following terms and conditions: 7.8.1 Conditions of Service. The Contractor shall provide On-Call SFD Bulky Waste collection service to all SFD Service Units in the service area whose Bulky Waste have been placed within two (2) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. Each SFD Service Unit in the service area shall be entitled to receive free Bulky Waste collection service a maximum of two (2) collection times per calendar year, five 5) items per collection such as a TV, couch, or water heater. Automobile tires will be limited to two (2) tires per collection request. In accordance with the Special Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting Bulky Waste in excess of two (2) Bulky Waste collections per year, or more than five (5) items per collection during any single Bulky Waste collection. 7.8.2 Frequency of Service. SFD Service Recipients must call at least forty- eight (48) hours in advance to schedule SFD Bulky Waste collection service. Collection will occur on customer's next scheduled service collection day. 7.8.3 Bulky Waste Containing Freon. In the event Contractor collects Bulky Waste that contains Freon, Contractor shall handle such Bulky Waste in a manner such that the Bulky Waste is not subject to regulation as Hazardous Waste under applicable state and federal laws or regulations. 7.9 SFD Temporary Collection Service. Upon forty-eight (48) hours request by a SFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such SFD temporary collection service shall be on a temporary basis not to Page 34 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 797 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. 7.9.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 7.9.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 7.9.3 The Contractor shall provide SFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 8. MFD Collection Services 8.1 MFD collection services for MFD premises utilizing Carts will be governed by all conditions of service as specified in Section 7 of this Agreement and those MFD premises utilizing Bins or Roll-offs will be governed by all conditions of service as specified in Section 8.4 and Section 9 of this agreement. Contractor may charge for collection at the rates as set forth in Exhibit 1. In addition, the following additional services shall apply: 8.2 MFD Organic Waste Collection Service. For MFD Service Units utilizing Bins or Roll-offs for collection, Contractor shall implement any required MFD Organic Waste Program in accordance with the schedule established under AB 1826. 8.3 On-Call MFD Bulky Waste Collection Service. The Contractor shall provide on-call MFD Bulky Waste collection service to all MFD Service Units in the service area whose Bulky Waste have been placed within five (5) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient or property manager, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. In accordance with the "Bulky Waste Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting MFD Bulky Waste. 8.4 MFD Temporary Collection Service. Upon forty-eight (48) hours request by a MFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such MFD temporary collection service shall be on a temporary basis not to exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. Page 35 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 798 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 8.4.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 8.4.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 8.4.3 The Contractor shall provide MFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 9. Commercial Collection Service 9.1 Conditions of Service. The Contractor shall provide commercial Solid Waste collection service, commercial Recyclable Material collection service, Commercial Organic Waste collection service, and Commercial Roll-off collection service to all Commercial Service Units in the service area pursuant to the requirements of Section 6 and this Section 9. Contractor may charge for collection at the rates as set forth in Exhibit 1. For new customers, and any change in service, Contractor shall have a written service agreement with each Commercial Service Unit that specifies the services to be provided and the Maximum Permitted Rates to be charged for the agreed on services. The service agreement shall reflect any change in services as requested by the Commercial Service Unit. 9.1.1 Required Container Sizes. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes, and Recyclable Materials and Organic Waste Carts in 64 or 96-gallon cart sizes. Contractor shall offer Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. 9.1.2 Required Capacity. Contractor shall provide commercial Recyclable Materials collection service to all Commercial Service Units in the service area, and Commercial Organic Waste collection service provided upon subscription at the rates as set forth in Exhibit 1. For each Service Unit, Contractor shall offer a minimum capacity of commercial Recyclable Material collection as requested by the Service Recipient. The maximum capacity offered shall be measured as the total cubic yards collected weekly for commercial Solid Waste collection service. 9.1.3 Accessibility. Contractor shall collect all Containers that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of commercial collection services. Pull-out services shall include, but not be limited to moving manually or by a specialized "scout" truck the Containers from their Page 36 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 799 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. storage location for collection and returning the Containers to their storage location and will be charged as outlined in Exhibit 1. 9.1.4 Manner of Collection. The Contractor shall provide commercial collection service with as little disturbance as possible and shall leave any Container at the same point it was originally located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 9.1.5 Size and Frequency. The size of the Container and the frequency above the minimum) of collection shall be determined between the Service Recipient and the Contractor provided it meets the City's development and permitting requirements. However, the size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Material, or Organic Waste need be placed outside the Container. Commercial collection service shall be provided as deemed necessary and as determined between the Contractor and the customer, but such service shall be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that collection service scheduled to fall on a holiday may be rescheduled as determined between the customer and the Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin, Cart or Roll-off at the option of the customer. The Contractor shall provide Solid Waste, Organics Waste, or Recyclable Materials Containers as part of the commercial collection service rates set forth in Exhibit 1; however, customers may own their compactor provided that the customer is completely responsible for its proper maintenance and such compactor shall be of a type that can be serviced by the Contractor's equipment. 9.2 Commercial Solid Waste Collection Service. This service shall be governed by the following additional terms and conditions: 9.2.1 Commercial Solid Waste Overflow. Where Contractor identifies instances of overfilling of Container, it will document the overfilling through verbal or written reports and/or digital photography. Contractor will meet with the customer to review evidence of the overfilling of containers. Where such evidence was presented to the commercial/industrial account and Contractor documents another instance of overfilling within one (1) month of such presentation, Contractor is authorized to charge an overage fee as outlined on Exhibit 1. In addition, Contractor will contact the customer to discuss the option of delivering a next larger-sized Container to the commercial/industrial premises. 9.2.2 Non-collection. Contractor shall not be required to collect any commercial Solid Waste that is not placed in a Cart, Bin, or Roll-off. In the event of non- Page 37 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 800 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection or material overflow, Contractor shall affix to Cart, Bin, or Roll-off a non-collection notice explaining why collection was not made. 9.3 Commercial Recyclable Material Collection Service. This service will be governed by the following terms and conditions: 9.3.1 Additional Bins or Carts. Contractor shall provide additional Cart, Bin, or Roll-off to commercial Service Recipients within five (5) working days of request provided that additional Bins and Carts are used by commercial Service Recipients for the purposes of setting out additional Recyclable Materials for regular weekly Recyclable Materials collection service. Contractor may charge for additional Bins or Carts in accordance with EXHIBIT 1. 9.3.2 Recycling - Chancres to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 9.4 Commercial Organic Waste Collection Service. This service shall be provided on a customer subscription basis and will be governed by the following terms and conditions: 9.4.1 Conditions of Service. In accordance with the schedule established under AB 1826, Contractor shall provide Commercial Organic Waste Collection Service to all Commercial Service Units in the service area who have subscribed for service and whose Commercial Organic Waste materials are properly placed in Containers except as set forth below, where the Containers are accessible. Commercial Organic Waste Collection Service will occur Monday — Friday, and on Saturdays upon request and as necessary. 9.4.2 Commercial Organic Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the types of items included as Organic Waste, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid. 9.5 Commercial Roll-off Collection Service. Upon request of a Commercial Service Unit, Contractor shall provide a commercial Roll-off collection service on a temporary basis or permanent basis. Page 38 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 801 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 9.5.1 Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 9.5.2 Charges for Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 9.5.3 The Contractor shall provide commercial Roll-off collection services without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Roll-offs in strict adherence with the City's right-of- way requirements and Municipal Code. Section 10. Collection Service for City Service Units 10.1 General. Contractor shall provide Solid Waste, Recyclable Material, and Organic Waste collection services, and Roll-off collection service to City Service Units as deemed necessary and as determined between the Contractor and the City, but such service shall be received no less than one (1) time per week. Contractor Service may be provided by Bin, Cart or Roll-off at the option of the City. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes, and Recyclables Materials and Organic Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. The size of the Container and the frequency (above the minimum) of collection shall be determined between the City and the Contractor. However, size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Materials, or Organic Waste needs to be placed outside the Container. City Service Units are listed in Exhibit 2. Contractor shall not charge for collection of Solid Waste, Recyclable Materials or Organic Waste generated within the normal course of business. 10.2 Public Containers Collection. Contractor shall provide collection, transportation and disposal or processing service to those public Solid Waste, Organic Waste or Recycling Containers in place or placed by the City, or as designated by the City, and other City properties during the term of this Agreement. Frequency of collection shall be a maximum of six(6) days per week per Container. 10.3 Accessibility. Contractor shall collect all Carts, Bins and Roll-offs that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of City collection services. Pull-out services shall include, but not be limited to, dismounting from the collection vehicle, moving the Bins or Carts from their enclosure location for collection and returning the Bins or Carts to their enclosure location. 10.4 Contractor Additional Services. Contractor will provide the following additional services at no cost to the City: Page 39 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 802 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 10.4.1 City Sponsored Events. Contractor shall provide collections services at City-sponsored events as requested by City. Such services shall be provided in such a manner that all collection, processing and disposal needs for the event are adequately and properly provided for by Contractor. City Sponsored Events are set forth on Exhibit 4, attached to and included in this Agreement. Contractor agrees to establish a program under which it will donate free or reduced cost services as a gesture of corporate good will to charitable or other non-profit community groups for events sponsored by such groups within the City's boundaries. 10.4.2 Neighborhood Watch Program. Contractor shall implement a neighborhood watch program in cooperation with the City Representative and City's Police Chief. The purpose of the program is to enhance the standard of living in City's neighborhoods by utilizing Contractor's drivers and supervisors to keep a watchful eye out for flagged activities or circumstances. Contractor will work with City to identify preferred reporting methodologies as well as the identification of certain problem areas or flagged actives or circumstances. Contractor will train drivers on how to safely report potential incidents of crime, vandalism or child safety. 10.4.3 Local Purchase Preference Program. Contractor shall make good faith efforts to purchase goods and services from businesses located within City's boundaries ("San Bernardino Business") that are reasonably cost effectively able to supply parts, services or support to Contractor in performing its obligations under this Agreement. 10.5 Community Development Department Reviews. Contractor, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial and multi-family projects, to provide for effective and economical accumulation and collection of Organic Waste, Recyclable Materials and Solid Waste. 10.6 Enforcement. Contractor and City will take reasonable measures, including, but not limited to, legal actions (e.g., actions seeking to enjoin scavengers) to discourage Scavenging of Recyclable Materials from the Solid Waste, Recyclable Material, and Organic Waste Stream. Contractor agrees to assist the City to further develop or implement Anti-Scavenging Ordinances, Construction & Demolition Ordinances, and Mandatory Commercial and Multi-Family Recycling Ordinances to assist in meeting CalRecycle diversion program requirements, maximize the Exclusive Franchise provisions of this agreement, and to deter illegal hauling from occurring in the City. Page 40 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 803 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 11. Street Sweeping 11.1 Street Sweeping Services. Beginning on the Service Commencement Date, and continuing until the expiration or termination of this Agreement, Contractor or Contractor's subcontractor as listed in Exhibit 11, shall provide street sweeping services at no additional cost in accordance with the terms and conditions of this Agreement. 11.2 Manner of Service. Contractor shall provide a complete sweep of all publicly maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all curbs including median islands and the corners from any cross street intersecting the subject street. Contractor shall obey all laws governing the operation of the sweepers on a public street, and shall perform its operations so that sweepers are traversing their routes in the normal direction of traffic. 11.3 Water. Contractor may obtain water from City designed facilities at rates set by the City for the water necessary in the street sweeping operation within City. Alternatively, Contractor may make arrangements to obtain water from other water purveyors within the area at Contractor's sole cost and expense. To the extent possible, Contractor shall use reclaimed or recycled water. 11.4 Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than six (6) miles per hour when sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the sweeper can operate efficiently and safely at a higher speed. City will use NPDES Permits requirements, Environmental Protection Agency information, generally accepted industry standards, and the sweeper manufacturer's recommendation on the speed of sweepers when considering speeds greater than six (6) miles per hour. 11.5 Width of Sweeper Path. Contractor shall sweep a path, with all brooms down, with a width of not less than eight (8) feet unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the curb, and include the flow line of the gutter. Unless blocked by parked cars or Containers the face of the curb and gutter shall always be included within the sweeper path. On those residential streets with no curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge of the pavement toward the center of the street. 11.6 Noise. To protect peace and quiet in service areas, the noise level generated by street sweepers during normal sweeping shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the street sweeper measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent Page 41 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 804 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. testing entity of any street sweepers used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 11.7 Global Positioning Systems (GPS). Contractor shall provide street sweeping vehicles with fully functioning on-board GPS systems. 11.8 Frequency and Day of Service. 11.8.1 Residential Streets. Contractor shall provide street sweeping service for each curb mile of residential streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.2 Maior Arterial Streets. Contractor shall provide street sweeping service for each curb mile of major arterial streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.3 Downtown Area Streets. Contractor shall provide street sweeping service for each curb mile of the downtown area streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.4 City Owned Parks Parkinq Lots. Contractor shall provide street sweeping service for each City owned parks parking lots in the City once monthly on a scheduled route basis. Parks parking lots shall be swept on the same day of the month that routine sweeping of the adjoining residential neighborhood takes place. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.9 Hours of Service. Contractor shall provide street sweeping service on major arterial streets commencing no earlier than 4:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday with no service on Saturday (except for holiday service as set forth in Section 6.5 of this Agreement in which case normal sweeping hours may be utilized or as set forth in this Section) or Sunday. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior verbal consent of the City Representative. Sweeping in residential areas shall be coordinated with collection services to ensure that sweeping occurs after collection of all Carts has been completed on a specific street. Page 42 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 805 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.10 Street Changes. City and Contractor acknowledge that during the term of this Agreement it may be necessary or desirable to add or delete City streets for which Contractor will provide street sweeping service. City will provide notification of changes to Contractor through the customer service system. Conditions which may cause the City Representative to order a street or an area to be bypassed temporarily include the following: 11.10.1 Construction or development on or along a street. 11.10.2 Pavement maintenance activities, including the chip seal program or the slurry seal program. 11.10.3 Inclement weather when running water is in the gutter or street such that sweeping is ineffective. 11.10.4 Special sweeping on alternative schedule. 11.10.5 Consistent non-compliance of citizens to remove parked cars during sweep days. 11.10.6 Other legitimate reasons that make sweeping impractical as determined by the City Representative. 11.11 Street Additions. As new streets are constructed and accepted by City, City may, at City's sole option, designate such streets as part of the service area for the purposes of street sweeping service. If the City Representative designates such streets as part of the service area (after final cap has been laid down) Contractor shall provide street sweeping service on such streets under the terms and conditions of this Agreement within fifteen (15) work days of receipt of notice from the City Representative to begin service. 11.12 Street Deletions. City may require some City streets to be temporarily or permanently removed from the list of scheduled streets for which Contractor provides street sweeping service under this Agreement. Contractor shall immediately cease providing street sweeping service to any City street upon receipt of notice from the City Representative to stop such service. When a City street has been temporarily removed from the list of scheduled streets, Contractor shall resume street sweeping service on such street in the next regularly scheduled cycle following notification from the City Representative that normal street conditions exist in order to resume service. 11.13 Revised Maps. Contractor shall revise the street sweeping service route maps to show the addition or deletion of City streets as provided above and shall provide such revised maps to the City Representative as requested. The maps shall be provided in a format that can be posted to the City website. Page 43 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 806 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.14 Temporary Changes in Sweeping Schedule. In the event that the City Representative notifies Contractor not to sweep on a temporary basis, no liquidated damages will be assessed for failure to sweep such streets. The City Representative shall notify Contractor of the temporary suspension of service at least one day prior to the scheduled sweep, except that in the case where the reason for not performing service is because of inclement weather, the City Representative may notify Contractor at any time. 11.15 Parking Restrictions. The City shall also notify Contractor of any streets when permit parking may impact scheduled street sweeping service. Contractor may be required to adjust sweeping schedule to sweep prior to the parking permit hours' restrictions. 11.16 Signage. Should the City change street sweeping days, or add street sweeping signage Contractor shall be responsible for the cost and installation of any such modified or new signs as directed by the City. 11.17 Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the street surface. If in the course of performing street sweeping services, any suspected Hazardous Wastes are encountered, Contractor shall immediately report the location to the San Bernardino Fire Department or any other responsible agency and to the City Representative. 11.18 Disposal of Sweeper Waste. Contractor shall transport and deliver all sweeper waste and debris collected as a result of performing street sweeping services to a facility as listed in Exhibit 3. 11.19 Spillage. During hauling, all sweep waste shall be contained, covered or enclosed so that leaking, spilling and blowing of the sweep waste is prevented. Contractor shall be responsible for the immediate cleanup of any spillage caused by Contractor. 11.20 Street Sweeping Service Routes. Within ten (10) days of the Effective Date of this Agreement, City shall provide Contractor with a street sweeping database for use in developing routes and maps. Contractor shall develop the routes and maps using this data. Within thirty (30) days of receiving City provided route maps, Contractor shall submit to the City Representative, service area maps, precisely defining the sweeper routes for review and approval by the City Representative. The route maps shall include the days of the month sweeping shall occur, the portions of the City to be swept, and any special needs such as early starts, and late finishes. The City Representative may provide written comments on the preliminary maps to Contractor no later than ten (10) work days after receipt of the maps from Contractor. Contractor shall revise the maps to reflect such comments and return them to the City Representative within ten (10) work Page 44 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 807 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. days after receipt of the City Representative's comments for City corroboration. Upon approval by the City Representative of the final sweeper route maps, Contractor shall develop and maintain the sweeping routes on a computerized mapping system that is compatible with City's mapping system to the extent possible. Street sweeping maps provided to the City shall be in a format that is suitable for posting to the City website. 11.21 Addition or Deletion of City Streets. Changes in maps due to addition and deletion of certain City streets shall be provided by City, and Contractor shall update the maps in Contractor's system every month. Such changes shall also be reflected in Contractor's printed route maps. 11.22 Service Route Changes. Contractor shall submit to the City Representative, in writing, any proposed route change (including maps thereof) not less than forty-five (45) calendar days prior to the proposed date of implementation. The City Representative may provide written comments to Contractor on such proposed change no later than ten 10) work days after receipt of the proposal from Contractor, and Contractor shall revise the routes to reflect such comments and return them to the City Representative within ten (10) work days of receipt of such comments, for City corroboration. Contractor shall not implement any route changes without the prior approval of the City Representative. If the approved route change will change the day on which street sweeping service will occur, Contractor shall notify the affected Service Recipients of route changes not less than ten (10) work days before the proposed date of implementation in a manner approved by the City Representative. 11.23 Other City Street Sweeping Service. If during the Term of this Agreement, circumstances exist which require work associated with the street sweeping service program that are not specifically provided for in this Agreement, the City Representative may require Contractor to perform such other associated work (OAW). When Contractor performs OAW, the labor, materials, and equipment used in the performance of such work shall be subject to the prior written approval of the City Representative and charged at an amount agreed to between the City and Contractor. Examples of OAW that Contractor may be required to perform include: flood clean-up and, construction clean up services caused private contractors, City requested clean-up services and any contingency where sweeper and supporting sweeper equipment could assist in a particular instance. 11.24 Street Sweeping Quality of Work. The standards of performance, which Contractor is obligated to meet, are those good street sweeping practices, which leave the serviced area in a debris and dirt free condition. Page 45 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 808 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 12. Right-of-Way Clean-Up Service 12.1 Approach. Contractor will perform a proactive and comprehensive Right-of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas identified by the City. 12.1.1 Contractor's Right-of-Way Clean-Up Services will consist of seven (7) components: a) Removal of litter, vegetation and accumulated roll-off from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District; b) Removal of memorials C) Removal of waste generated at homeless/transient encampments; d) Shopping cart, and tire removal; e) Storm channel and storm drain cleaning; f)Metrolink clean-up; and, g) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups. 12.2 Personnel. Contractor will deploy ten (10) maintenance workers and one (1) maintenance supervisor fulltime to perform Right-of-Way Clean-Up Services. The workweek of the Right-of-Way Clean-Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.3 Equipment. At a minimum, Contractor will perform this work with no less than four (4) vehicles, each equipped with a two-way radio, a flashing arrow sign (FAS), ten 10) 28-inch orange cones with reflective bands, two (2) "Roadwork Ahead" signs, each equipped with a caution light, and necessary commercial hand tools, including but not limited to, clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed eaters and personal safety equipment consisting of reflective garments, protective chainsaw chaps, gloves, helmets and eye and ear protection. 12.4 City Work Orders. Contractor will respond to the City's written Work Orders for Right-of-Way Clean-Up Services within two (2) business days. Emergency notifications Page 46 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 809 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. may be directed to Contractor's division office, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolution. 12.5 Diversion. To the extent practical, Contractor will divert from disposal the materials collected. 12.6 Compensation. Work for components (a) through (f) will be performed at no additional cost to the City. Work for component (g) will be performed in response to a duly noticed code enforcement action with the expectation that the property owner will bear the cost of the service and that if payment is not made, the City will process the collection as a debt utilizing the County tax bill lien procedure available to it with compensation due to Contractor when collected by the City. 12.7 Scope of Services for Right-of-Way Clean-Ups 12.7.1 Routine Patrol. Contractor's Right-of-Way maintenance crews will complete routine patrols removing all litter, vegetation and accumulated debris from: a) City gateway entry points and the Downtown and Civic Center District, once weekly; and, b) Assigned Right-of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both directions to ten (10) feet off of the road edge, once every twenty (20) business days; and C) Any public alley from the centerline in both directions to the property line as determined by fences, landscaping, changes in surface material, or line of sight once every twenty (20) business days. 12.7.2 Removal of Memorials. Within two (2) business days following written notification from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal effects. 12.7.3 Removal of Homeless Encampments. Subject to the following provisions, within two (2) business days following written notification from the City, Contractor will remove and dispose of materials from homeless or transient encampments, which shall include but not be limited to trash, bedding and personal effects. In each such case, City will make its Police force available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. City will be responsible for complying with all applicable laws related to the removal of such Page 47 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 810 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. materials. In addition, City agrees to indemnify, defend, protect and hold harmless Contractor, its officers, employees and assigns from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages) and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, Contractor or its officers, employees or agents arising from or attributable to any act or omission of City or Contractor or Contractor's officers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connection with the same. 12.7.4 Shopping Cart Removal. Contractor's Right-of-Way Maintenance Crews shall remove shopping carts as a part of its routine patrol and upon the direction of the City. Contractor will transport shopping carts to its facility and will attempt to contact the retail outlet from which shopping carts bearing identification originated. Retail outlets will be given five (5) business days after notification to retrieve their shopping carts subject to a recovery costs of $25.00 per shopping cart. Unclaimed shopping carts will be recycled. 12.7.5 Storm Channels and Storm Drains. Storm channels identified in a listing to be provided by City will be cleaned once annually not later than September 1st. Storm drains and drain easements identified in a listing to be provided and maintained by the City will be cleaned once annually between October 1st and December 1 st. 12.7.6 Metrolink. The Contractor Right-of-Way maintenance crew will visit the Metrolink Station located at 1204 W. 3rd Street once each week to remove litter and accumulated debris from the grounds and parking lot. Twice annually, the Contractor Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordination with Metrolink maintenance services. 12.7.7 Warrant Abatements, Vacant Lot Clean-Ups, Illegal Dumping Clean-Ups. Within two (2) business days of receipt of a written order of the City's code enforcement officer delivered by the City's Contract Administrator, the Contractor Right-of-Way maintenance crew will respond to perform clean-up on private property as part of an enforcement action. Contractor will maintain a record of hours worked, personnel and equipment utilized, and disposal expenses and shall issue a bill to the City for the services performed. The City shall follow its usual collection procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment. Page 48 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 811 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 12.8 Exceptions. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7)feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up. 12.9 Lease of Contractor's Vehicles. Contractor agrees that after the Service Commencement Date, the City may lease vehicle numbers 08223 and 739 as listed in Exhibit 9 for an amount of One Dollar ($1.00) per Agreement Year. In the event that City leases vehicle numbers 08223 and 739, the City shall be responsible for the associated insurance, vehicle licensing, maintenance and fueling costs of vehicle numbers 08223 and 739 during the time these vehicles are leased by the City. The terms and conditions of any vehicle lease agreement shall be negotiated between the City and Contractor. Section 13. Collection Routes 13.1 Collection Routes. During the Transition Period, but before the Service Commencement Date, Contractor shall coordinate with City staff to define the existing collection routes. Any proposed changes to current routing shall be reviewed and approved by the City prior to any notification or implementation with the customers. 13.2 Subsequent Collection Route Changes. During the first four to six months, no changes will be made to residential service route days. The Contractor shall submit to the City, in writing, any proposed route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation, except for route changes agreed to by City and Contractor. To the extent possible, Contractor will provide the map data in a GIS format that is compatible with the format used by the City. The Contractor shall not implement any route changes without the prior review of the City Representative. If the route change will change the collection day for a Service Recipient, the Contractor shall notify those Service Recipients in writing of route changes not less than ten (10) days before the proposed date of implementation. 13.3 Collection Route Audits. The City reserves the right to conduct audits of Contractor's collection routes. The Contractor shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the City Representative, to follow behind the collection vehicles in order to conduct the audits. The Contractor shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City Representative to conduct such audits. Page 49 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 812 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 14. Public Outreach Services 14.1 General. Contractor, at its own expense, shall prepare, submit and implement an annual Public Education and Outreach Plan that incorporates key feature of Contractor's Public Education Program (Exhibit 6). The proposed action plans must be submitted annually for City approval no later than sixty (60) days following the Service Commencement Date and each year thereafter. The program must include specific steps designed to increase diversion and participation, for the City's residents and businesses. A minimum of two (2) annual campaigns should target certain diverted materials or "problem" areas of the Contractor's service area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns based on information obtained by both the City Representative and Contractor staff. The Contractor shall provide space in Contractor's public outreach materials, such as mailers, flyers and newsletters, for the City to include announcements, community information, articles, and photographs such that it does not impact the current mailing cost components. 14.2 Transition. Contractor will provide transition activities, during the Transition Period, including, at minimum, conducting eight (8) (one in each ward and one general at a location to be determined) community workshops and meetings outlining the transition to the services provided by the Contractor's services and how billing will be done. Contractor shall also provide information on proper how to participate in recycling and organics services, and where to take HHW materials for proper recycling or disposal, how to arrange for Bulky Waste Collection, and the days and hours that collection and Street Sweeping will occur. 14.3 Recycling Coordination Support. Contractor will provide staff resources to serve as recycling coordination support to promote Contractor's public education, recycling and waste diversion, waste prevention, and grant application and coordination programs provided to the City. 14.4 Annual Collection Service Notice. Each Agreement Year the Contractor shall publish and distribute notices to all Service Units regarding the types of services available. The notice can be in the form of a separate mailer, one of the quarterly newsletters distributed by Contractor, or as a billing insert. To the extent appropriate, based on the category of customer receiving the notice, it shall contain at a minimum: definitions of the materials to be collected, procedures for setting out the materials, collection and disposal options for unacceptable materials such as Hazardous Waste, and the Contractor customer service phone number and website address. The notice shall be provided in English, and in Spanish if requested by City, and shall be distributed by the Contractor each Year. Page 50 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 813 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 14.5 Additional Public Outreach Programs and Services. Contractor shall provide additional Public Outreach Programs and Services as requested by City at a price to be mutually agreed upon between the Contractor and the City within the City Manager's contract signing authority. In the event the Contractor and the City cannot reach a mutually agreed upon price for the requested service or program, City shall have the right to procure the service of other vendors or contractors to provide the requested service. 14.6 News Media Relations. Contractor shall notify the City Representative by Fax, e-mail or phone of all requests for news media interviews related to the collection service program within twenty-four (24) hours of Contractor's receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Service Recipient perception of services, Contractor will discuss Contractor's proposed response with the City Representative. 14.6.1 Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least five (5) work days in advance of release, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor's submittal to such regulatory agency. 14.6.2 Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) Business Days after publication. 14.7 Website. Contractor shall develop and maintain a state-of-the-art website accessible to the public, dedicated to services provided in the City that is accessible by the public. The web site shall include answers to frequently asked questions, list of Recyclable Materials and Organic Waste, and other related topics. The Contractor's website shall provide the public the ability to e-mail complaints to Contractor and request services or service changes. Contractor's website shall also promote reuse and recycling, graphics and statistic illustrating the City progress toward meeting City's diversion goals, other City's environmental programs, and other materials as requested by the City. The City shall review and approve Contractor's website as it relates to the City of San Bernardino's page(s). 14.8 Waste Generation and Characterization Studies. Contractor acknowledges that City must perform Solid Waste generation and characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of Solid Waste generated, disposed, transformed, diverted or otherwise processed to comply with AB 939. Page 51 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 814 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 15. Collection Equipment 15.1 General. Contractor warrants that it shall provide adequate numbers of vehicles and equipment for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. All collection vehicles used by Contractor in the performance of services under this Agreement shall be of a high quality. At the start of this Agreement, all collection vehicles utilized by Contractor pursuant to this Agreement shall be those outlined below in conjunction with vehicles owned by the Contractor. 15.2 Use of Purchased City Equipment. In accordance with this Agreement, Contractor shall purchase the City's personal property used as listed in Exhibit 9. 15.3 Vehicle Transition Plan. Contractor shall re-brand all previously owned City of San Bernardino vehicles as outlined in the Transition Plan attached in Exhibit 5. 15.4 Temporary Access to and Use of City Corporation Yard. Contractor contemplates requiring access to and use of City's Corporate Yard for up to ninety (90) days after the Service Commencement Date for temporary storage of Containers and collection vehicles. City and Contractor will separately meet and confer with regard to the scope and terms of conditions of such temporary use after the Effective Date of the Agreement, but City will not unreasonably refuse such access and use provided Contractor does not undertake any maintenance, repair, cleaning, or fueling of any vehicles, nor refurbishment or maintenance of Containers, does not store nor dispose of any Solid Waste, Hazardous Waste or Universal Waste at the Corporate Yard, maintains insurance acceptable to City, and repairs any damages caused by Contractor's use. 15.5 Long Term Use of City Corporation Yard. In the event that City wishes to provide long-term use or purchase of the City's Corporate Yard to Contractor, any such agreement will be done separately from this Agreement. 15.6 Noise. To protect peace and quiet in service areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent testing entity of any collection vehicles used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 15.7 Compliance. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment. Page 52 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 815 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 15.8 Private Streets, Alleys and Parking Lots. Contractor agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collection equipment may be operated, to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots. 15.9 Vehicle Registration, Licensing and Inspection. Upon City request during the term of this Agreement, Contractor shall submit documentation to the City Representative to verify that each of the Contractor's collection vehicles is in compliance with all registration, licensing and inspection requirements of the California Highway Patrol, the California Department of Motor Vehicles, and any other applicable laws or regulations. Contractor shall not use any vehicle to perform collection service that is not in compliance with applicable registration, licensing and inspection requirements. Each vehicle shall comply, at all times, with all applicable statutes, laws or ordinances of any public agency. Collection vehicles will be subject to routine inspections by the California Highway Patrol and will be subject to bi-annual inspections. Certificates for said inspection shall be filed with the City upon request. 15.10 Clean Air Vehicles. During the term of this Agreement, to the extent required by law, Contractor shall provide its collection vehicles to be in full compliance with local, State and federal clean air requirements that were adopted including, but not limited to, California Air Resources Board and South Coast Air Quality Management District. 15.11 Safety Equipment. All collection equipment used by Contractor shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time. All collection vehicles shall be equipped with audible back-up warning devices. 15.12 Vehicle Signage and Painting. Collection vehicles shall have with the Contractor's name, Contractor's customer service telephone number, and the number of the vehicle. No advertising shall be permitted other than the name of the Contractor except promotional advertisement of the Recyclable Materials and Organic Waste programs. Contractor shall repaint all vehicles (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably determined by the City Representative. 15.13 Vehicle Maintenance. Contractor shall maintain collection vehicles in a clean condition and in good repair at all times and ensure that no collected materials, oil, grease, or other substances will blow, fall out, escape or leak out of the vehicle, with the exceptions of vehicle emission. All parts and systems of the collection vehicles shall Page 53 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 816 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. operate properly and be maintained in a condition satisfactory to City. Contractor shall wash all collection vehicles at least once a week. 15.14 Maintenance Log. Contractor shall maintain a maintenance log for each collection vehicles. The log shall at all times be accessible to City upon request of City Representative, and shall show, at a minimum, each vehicle's Contractor-assigned identification number, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed. 15.15 Equipment Inventory. Upon City's request, Contractor shall provide to City an inventory of collection vehicles and major equipment used by Contractor for collection or transportation and performance of services under this Agreement. The inventory shall indicate each collection vehicle by Contractor assigned identification number, DMV license number, the age of the chassis, type of fuel used, the type and capacity of each vehicle, the number of vehicles by type, and the maintenance status. Upon City request, Contractor shall submit to the City Representative, either by Fax or e-mail, an updated inventory annually to the City or more often at the request of the City Representative. Each vehicle inventory shall be accompanied by a certification signed by Contractor that all collection vehicles meet the requirements of this Agreement. 15.16 Reserve Equipment. The Contractor shall have available to it, at all times, reserve collection equipment which can be put into service and operation in the event the disabled vehicle cannot return to service that day. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. 15.17 Containers. 15.17.1 Carts. Carts may be new, existing or refurbished as of the Service Commencement Date, and are to be hot-stamped, embossed, or laminated, and in-molded with the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials). In-molding on the Carts shall be on the lids. Contractor's name and/or logo shall be included on the body of Carts. Labeling and graphics of the Carts shall be approved by the City. 15.17.2 Bins. Bins may be new, existing, or refurbished at the start of the Agreement. Bins are to be painted and be labeled with either the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials) or the type of material prohibited from being disposed in the Bin. 15.17.3 Roll-offs. Roll-off containers may be used, provided they are newly painted, properly marked and in good working order. The City retains the right to Page 54 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 817 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. inspect any such used Roll-off and direct the Contractor to replace such a used Roll-off if it is deemed to be not acceptable. 15.17.4 Purchase and Distribution of Carts and Bins. The Contractor shall be responsible for the purchase and distribution of fully assembled and functional Carts and Bins to Service Units in the Service Area throughout the term of this agreement. Contractor shall also distribute Carts and Bins to new Service Units that are added to Contractor's service area during the Term of this Agreement as required. The delivery of containers shall be completed within five (5)Work Days. 15.17.5 Replacement of Carts and Bins. Contractor's employees shall take care to prevent damage to Carts or Bins by unnecessary rough treatment. However, any Cart or Bin damaged by the Contractor shall be replaced by the Contractor, at the Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service Recipient. a) Upon notification to the Contractor by the City or a Service Recipient that the Service Recipient's Cart(s) and Bin(s) have been stolen or damaged beyond repair through no fault of the Contractor, the Contractor shall deliver a replacement Cart(s) and Bin(s) to such Service Recipient within five (5) Work Days. The Contractor shall maintain records documenting all Cart and Bin replacements occurring on a monthly basis. b) Where such Cart is lost, stolen or damaged beyond repair through no fault of the Contractor, each SFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart, one (1) lost, destroyed, or stolen Recyclable Materials Cart, and one (1) lost, destroyed, or stolen Organic Waste Cart, during each of the ten (10) Agreement Years at no cost to the Service Unit. C) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each MFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10) Agreement Years at no cost to the Service Unit. Page 55 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 818 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. d) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each Commercial and City Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10)Agreement Years at no cost to the Service Unit. e) Where such Bin or Cart replacement occurs through no fault of the Contractor, Contractor shall be compensated for the cost of those replacements in excess of the requirements set forth above in accordance with the "Cart or Bin" Service Rate, as appropriate, as initially set by the City or as may be adjusted by the City as provided under the terms of this Agreement. 15.17.6 Repair of Carts and Bins. Contractor shall be responsible for repair of Carts in the areas to include but not be limited to, hinged lids, wheels and axles. Within five (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, the Contractor shall repair the Cart or Bin or if necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Service Recipient. 15.17.7 Cart or Bin Exchange. Upon notification to the Contractor by the City or a Service Recipient that a change in the size or number of Carts or Bins is required, the Contractor shall deliver such Carts or Bins to such Service Recipient within seven calendar days to allow for the exchange to occur on the regular scheduled collection day. At no charge, each SFD, MFD, Commercial, and City Service Unit shall be entitled to receive one (1) Solid Waste Cart, Recyclable Materials, or Organic Waste Carts exchange, per Agreement Year during the term of this Agreement. Contractor shall be compensated for the cost exchanges in excess of one (1) per Agreement year, in accordance with the "Cart or Bin Exchange" service rate as Set forth in Exhibit 1. 15.17.8 Ownership of Carts, Bins and Roll-Off Containers. Ownership of Carts, Bins and Roll-Off Containers on the Service Commencement Date, and Carts, Bins and Roll-Off Containers distributed by the Contractor after April 1, 2016 shall rest with the Contractor. However, in the case of the termination of the Agreement prior to the expiration of the Term, or optional Term Extension, the City shall have the right to take possession of the Carts, Bins and Roll-Off Containers and shall retain such possession until satisfactory arrangements can be made to provide collection services using other equipment. Such time of Page 56 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 819 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. possession shall be limited to twelve months, and no monies will be owed to the Contractor from the City for the use of the equipment. Upon the receipt of written notice from the City, Contractor shall submit to the City Representative an inventory of Carts, Bins and Roll-Off Containers, including their locations. Section 16. Hiring of Displaced City Employees and Local Recruiting 16.1 CONTACTOR shall offer employment to all "qualified" Displaced City Employees and shall hire such Displaced City Employees if they timely accept the offer of employment. An applicant is deemed "qualified" where he or she has undergone and passed the Contractor's required standard pre-employment physical, background check and drug screening. Displaced City Employees shall be hired in accordance the following and the provisions of Exhibit 10. 16.1.1 Contractor shall maintain all Displaced City Employees at the same level of pay as was paid to the displaced employee by the City as of the Service Commencement Date. 16.1.2 Displaced City Employees will be eligible for annual reviews. 16.1.3 In determining the rate of accrual for paid vacation and sick days for Displaced City Employees, Contractor agrees to apply each Displaced City Employee's years of service with City as if they were years of service with Contractor. 16.1.4 Contractor shall pay a total of Five Hundred Thousand Dollars 500,000) as a hiring bonus distributed to Displaced City Employees who are hired by the Contractor within 30 days of Service Commencement Date. The allocation method for distributing the hiring bonus paid to Displaced City Employees will be determined by the City. 16.1.5 Contractor shall not discharge any Displaced City Employee hired by Contractor for at least one hundred eighty (180) days after the Service Commencement Date, except "for cause" as that term is defined in the employee personnel policies of Contractor effective as of the Effective Date of this Agreement. Thereafter, the continued employment of Displaced City Employees shall be under the terms and conditions established for all Contractor's workers in the particular classification. 16.2 Local Recruiting. Contractor's Human Resources Department will attempt to fill job openings with City residents through the following means: Page 57 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 820 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 16.2.1 All Contractor employees residing in the City will be advised of Contractor's job openings in advance of general postings and announcements and will be encouraged to refer friends and family residing in the City; 16.2.2 City publications will be included in any media job postings; 16.2.3 For special recruitments, Contractor will utilize a job fair; 16.2.4 Flyers and promotions for events sponsored by Contractor within the City will carry a message inviting residents to consider employment with Contractor; and, 16.2.5 When two or more equally qualified job candidates are considered for employment with Contractor in the City, preference will be shown to the candidate residing in the City. Section 17. Privacy 17.1 General. Contractor shall observe and protect the rights of privacy of Service Recipients. Information identifying individual Service Recipients, or the composition or contents of a Service Recipient's Solid Waste, Recyclable Materials, or Organic Waste shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Service Recipient. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness materials to Service Recipients. 17.2 Mailing Lists. Contractor shall not market or distribute mailing lists with the names and addresses of Service Recipients. 17.3 Privacy Rights Cumulative. The rights accorded Service Recipients pursuant to this Section shall be in addition to any other privacy rights accorded Service Recipients pursuant to federal or state law. Section 18. Service Exceptions; Hazardous Waste 18.1 Hazardous Waste Inspection, Diversion and Reporting. Contractor reserves the right and has the duty under law, to inspect Solid Waste put out for collection and to reject Solid Waste observed to be contaminated with Hazardous Waste. Should Contractor find or observe reportable quantities of Hazardous Waste put out for collection with Solid Waste, Contractor shall notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers and, if appropriate, the National Response Center, of reportable quantities of Page 58 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 821 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Hazardous Waste, found or observed in Solid Waste observed or collected anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Contractor shall notify the City Manager, or the City Manager's designee immediately. Section 19. Customer Service 19.1 Office Hours. Contractor must maintain an office accessible by a local or toll free telephone number each Business Day. 19.2 Service Recipient Calls. At Contractor's expense, its regular telephone numbers shall be listed in San Bernardino-area telephone directories under Contractor's name. Contractor shall maintain a telephone answering system capable of accepting at least ten (10) incoming calls at once. 19.3 Emergency/After Hours Telephone Number. 19.3.1 For City. Contractor will provide cell phone numbers and/or other required contact information to City Staff to be used in case of an emergency. These emergency numbers can be used outside normal business hours and will be kept confidential. 19.3.2 For Service Recipients. Contractor shall have an after-hours message center where customers can leave messages. Contractor will also provide and maintain a website where customers may leave messages by e-mail. Contractor will retrieve all voice and email messages the following business day. 19.4 Multilingual. Contractor shall at all times maintain the capability of responding to all telephone calls in English, Spanish and such other languages City reasonably determines to be necessary for communication with service recipients. 19.5 Customer Service and Complaint Logs. Contractor shall update customer records with any inquiries, service requests and complaints into a customer data base which shall be maintained in a manner that it is reasonably available for inspection and review by City upon request. All calls shall be logged in the account record. Contractor shall note the name and address of the complainant, the date and time of the complaint, the nature of the complaint, the name of the Contractor's employee taking the complaint, and the nature and date of Contractor's resolution of the complaint. Contractor shall inform all Service Recipients that all complaints shall be directed to Contractor. The Complaint Log shall be maintained on a computerized data base format. The Complaint Log shall be available for inspection and review by City upon request. Contractor shall Page 59 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 822 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. provide a summary of the Complaint Log to City monthly during the first (1S) year of service and then quarterly thereafter for the duration of the Term. 19.6 Response to Calls. Contractor will use its best efforts to answer all incoming calls within five (5) rings. Any call "on-hold" will be placed in a queue and answered in the order in which it was received. 19.7 Service Responses. City and Contractor agree that the protection of public health, safety and well-being require that service complaints be acted on promptly. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Service Recipient complaints. 19.7.1 Missed Pick-Ups. In the case of a complaint of a missed collection, Contractor shall make the collection no later than the following collection day 19.7.2 Other Complaints. Contractor will respond to all complaints from Service Recipients, other than missed-pickups, within one (1) Working Day of receiving the complaint. Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials Ownership of Solid Waste, Organic Waste, and Recyclable Materials shall pass, by operation of law, to Contractor at such time as said materials are placed for collection in Containers for collection by Contractor. Ownership and the right to possession of Solid Waste, Recyclable Material, Organic Waste and Construction and Demolition Materials placed for collection shall transfer directly from the Service Recipient to Contractor, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Solid Waste or any Hazardous Waste illicitly placed for collection in a Solid Waste Container, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. Section 21. Customer Rates and Billing Procedures 21.1 Rates for Service. 21.1.1 Maximum Permitted Service Rates. Contractor shall not charge rates (or additional charges, fees, or penalties) in excess of the Maximum Permitted Service Rates specified on Exhibit 1 attached to this Agreement. 21.1.2 City Service Units. Contractor shall not charge or bill City for services to City Service Units, Street Sweeping, or abandoned waste Collection and Right- of-Way Clean-Ups. Page 60 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 823 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to Maximum Permissible Customer Rates shall be calculated as follows: a) Annual Adjustment. July 1, 2017, and each July 1St thereafter, Contractor may increase the Maximum Permitted Service Rates for all Service Recipients by CPI. Any City Approved Host Fees shall be considered as pass- through cost and added to the CPI adjustment to the Maximum Permitted Service Rates. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1St of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to Contactor within thirty days (30) after receipt of Contractor's proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1St of the Agreement Year. If the City Manager finds that Contractor's proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contactor shall have thirty days (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b) Maximum Annual Increase. In no event may the increase in Maximum Permissible Service Rates increase by more than five percent (5%) during any July 1St — June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. C) Adjustment Due to Change In Law. As used herein, "Change in Law" means the enactment, issuance, adoption, repeal, Page 61 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 824 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a regulation or statute, or a judicial decision interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e. on any direct or indirect cost, whether fixed or variable) of Contractor's provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. d) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approve of any such adjustment. 21.1.4 Rounding. Calculation of rates and determination of any annual adjustments shall be made only in units of one cent ($0.01) and shall not result in a decrease to the rates currently in effect. Fractions of less than one cent 0.01) shall not be considered in making adjustments. The indices shall be truncated at four(4) decimal places for the adjustment calculations. 21.2 Contractor Billing. The Contractor shall be solely responsible for the billing and collection of payments for all Integrated Solid Waste Collection, Processing and Disposal Services to Service Recipients, except as provided in the Transition Plan. The City's Representative may review the initial format for all Service Recipient bills. 21.3 Partial Month Service. If, during a month, a Service Unit is added to or deleted from Contractor's service area, the Contractor's billing shall be pro-rated based on the daily rate (monthly rate multiplied by 12 months and then divided by 365 days). The daily rate is assessed for the actual number of days the account was serviced. 21.4 Production of Invoices for Service Units Utilizing Cart Service. The Contractor shall produce an invoice for Service Recipients utilizing Carts received under this Agreement bi-monthly in arrears. The Contractor's invoice shall be remitted to the Service Recipient no earlier than the last day of the 2nd month of the period for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. Contractor shall provide notice to affected customers of a proposed rate increase one full billing cycle in advance of implementing the rate increase. Where the exact amount of the increase proposed is not known a billing cycle in advance, Contractor may satisfy this requirement by referring to a measure by which Page 62 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 825 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the rate will increase (e.g. by reference to the CPI or by reference to an increase caused by a Change in Law). 21.5 Production of Invoices for Service Units Utilizing Bin Service. The Contractor shall produce an invoice for Service Recipients utilizing Bins received under this Agreement in arrears but no fewer than twelve (12) times per year. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.6 Production of Invoices for Roll-off Collection Service. The Contractor shall produce an invoice for Roll-off collection services received under this Agreement in arrears for services during the prior month. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.7 Production of Invoices for Temporary Bin or Roll-off Collection Service. The Contractor may bill for temporary Bin or Roll-off Collection Services in advance on a Cash on Delivery basis (COD), or another billing arrangement mutually agreed on between Contractor and Service Recipient requesting Temporary Bin or Roll-off Collection Service. Contractor may also bill for collected tonnage in arrears based on the actual weight of materials by material type. 21.8 City Provided Billing Inserts. City may provide educational and other material to Contractor for inclusion in the invoices mailed by Contractor to SFD, MFD and Commercial Service Units for collection services. Contractor shall not charge the City for the inclusion of additional educational or other materials in the invoices provided the inclusion of such City requested materials does not exceed the cost for standard postage for any mailing. City shall be responsible for the additional postage costs if applicable. 21.9 Methods of Payment. Contractor shall provide the means for Service Recipients to pay bills through the following methods: cash, checks, credit cards, internet payment service or automatic withdrawal from bank account. On-line (E-Pay) bill methods shall be password protected and comply with federal regulations protecting the privacy of customer credit information. Contractor shall provide evidence of such security certifications and advise the City of Contractor's security measures implemented for on- line payment. 21.10 Remitting Receivables. Contractor shall remit to City any payments received from service units for services provided by City prior to the Service Commencement Date, and City shall remit to Contractor any payments received from service units for Page 63 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 826 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. services provided by Contractor after the Service Commencement Date. Such remittance shall be made within fifteen (15)days of receipt of payment. 21.11 Delinquent Service Accounts. 21.11.1 Residential Accounts. Contractor agrees not to discontinue service to residential SFD and MFD (5 or fewer units) cart customers. Contractor may recover any and all payments in accordance with Section 21.11.3 below. 21.11.2 Commercial Accounts. Contractor agrees to not permanently discontinue service to a commercial or Roll-off customer for non-payment. Contractor may temporarily suspend services for maximum of fourteen calendar days if customer's account has been delinquent in payment for a period of at least forty-five (45) days. If Contractor temporarily suspends service to any non- paying person, corporation or entity, such person, corporation, or entity as a condition precedent to re-establishment of regular service, shall comply fully with all of the then billing policies and practices of the Contractor, including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to Contractor, and payment of a reinstatement fee. In addition, delinquent accounts shall be charged a 1.5% monthly late fee. If the Contractor temporarily suspends service for non-payment of the customer's account, Contractor shall, upon City request, give written notice to the City Manager of any suspension of service for nonpayment of account, giving the name and address of the customer(s). If payment is not received after the temporary suspension of services, Contractor shall resume regular services and shall be entitled to recover any and all payments in accordance with Section 21.11.3 below. 21.11.3 Non-Payment. Customers (Property owners or tenants)who have not remitted required payment within forty-five (45) days after the date of billing shall be notified by Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, as well as all direct and indirect costs incurred by City and Contractor may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers as is legally required, including notification via U.S. Mail to the current billing address on file. The City agrees to annually levy delinquent charges for the prior calendar year for collection with property taxes. The parties intend that while the City will elect in accordance with State Law to place delinquent and unpaid solid waste assessments on the secured property tax rolls, Contractor understands and agrees that the City has no obligation to Page 64 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 827 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. foreclose on any tax bill. Contractor shall pay all fees charged by San Bernardino County in connection with the establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll procedure. Section 22. Contractor's Books and Records; Audits 22.1 Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, all costs of collection and disposal, customer lists, billing records, maps, records substantiating the information furnished by Contractor to City pursuant to Section 24 of this Agreement and Service Recipient complaints for the period during which collection services are to be provided pursuant to this Agreement and an additional period of not less than three years, or any longer period required by law. The City shall have the right, upon fifteen business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, Service Recipient lists, billing records, maps, and customer complaints. Such records shall be made available to City at Contractor's regular place of business, or other place agreed to by City and Contractor, within the County of San Bernardino. 22.2 Should any examination or audit of Contractor records reveal an underpayment of any payment required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Contractor by City. Should an underpayment of more than five percent (5%) be discovered, Contractor shall bear the entire cost of the examination or audit. Section 23. Integrated Waste Management Act; Reporting Requirements 23.1 Contractor-City Cooperation. Contractor shall cooperate with City in Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Agreement. (See also Section 5, and Section 30.3 below.) During the Term of this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. 23.2 Change in AB 939, RCRA, CERCLA and Related Laws. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and Page 65 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 828 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. as implemented by the regulations of CalRecycle, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws (including, but not limited to CERCLA and RCRA) or regulations enacted or amended after this Agreement has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Contractor costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 23.3 Changes in Other Laws. In the case of changes in the laws other than amendments to the Act, which increase or decrease the cost of Contractor's service, Contractor or City may seek a rate increase or decrease to reflect the increase or decrease in costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs or savings are attributed, and how they would result in increased costs. City Council must approve any changes in the Maximum Permitted Service Rates resulting from any Change in Law. Section 24. Activities and Financial Reports; Adverse Information 24.1 Reports. Contractor, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated: 24.1.1 Format and Type of Reports. Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail. The following reports shall be submitted to City Monthly until the first anniversary of the Service Commencement Date and then Quarterly thereafter. Reports shall include the following: a) Summary of Contractor Payments to the City. A summary of all payments made to the City under this Agreement for the reporting period. b) Summary of Contractor Gross Receipts Received. A summary of all Contractor Gross Receipts received for services provided under the terms of this Agreement broken down by Residential, Commercial and Construction and Demolition Services. C) Disposal and Diversion Summary. A summary table showing the total tonnage of Solid Waste, Recyclable Materials, Organic Waste, Construction and Demolition Materials, Bulky Waste Page 66 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 829 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collected, processed or disposed, and the percentage of total diversion achieved as measured in accordance with Section 5.1.2 for each month during the reporting period. d) Solid Waste Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units and (b) the total Solid Waste tonnage delivered to Disposal Facilities. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period e) Recyclable Materials Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Material Recovery Facilities (c) total tonnage by type of Recyclable Materials processed and marketed during each month and (d) total tonnage of Recyclable Materials' residual disposed at landfill, and (e) the revenue received from the sale of recyclables minus the cost for processing the Recyclable Materials and residual disposal. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. A report of recycling program promotional activities, including materials distributed by Contractor to its Service Recipients. f)Organic Waste Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Organic Waste Processing Facilities, (c) total tonnage by type of Organic Waste processed and marketed during each month, and (d)total tonnage of Organic Wastes residual disposed at the disposal facility. Page 67 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 830 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. g) Street Sweeping Data. The quarterly report shall show the total curb miles swept, gallons of water used, and tonnage of street sweeping fines collected and taken to a Disposal Facility or Organic Waste Processing Facility. h) Bulky Waste Data. The number of Bulky Waste collections made, the tonnage delivered to the disposal facilities used for processing or disposal of Bulky Waste. i)Construction and Demolition Materials Data. 1) The total tonnage of C&D collections made, the type of C&D Materials collected, and the facilities used for processing or disposal of C&D Materials. j)Local Purchase Preference Program Data. The dollar value, of purchases made from businesses that are located within the City. k) Service Complaints. A summary of the type, number and disposition of complaints received during the reporting period. A copy of the customer complaint log may, upon City request, be submitted with the report not later than fifteen days after the close of the reporting period. 1)Certification. Contractor will provide a certification statement, to the best of their knowledge the report is true and correct. 24.2 Annual Report. By March 1st, beginning in 2017 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 3151 24.2.1 General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. 24.2.2 Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 341, AB 939, AB 1594, and AB 1826. Page 68 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 831 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 24.2.3 Account Service Data. A table summary of the total number Residential, Commercial, Roll-off and City Service Units. The summary shall also show the net change in Service Units both as compared to the number of Service Units as of the Service Commencement Date and as compared to the prior Agreement Year. City recognizes that the data used to determine Service Date Commencement information will be generated in conjunction with City data bases. Contractor will work with the City to provide this information in a timely basis in order to comply with this initial reporting requirement. 24.2.4 Vehicle and Container Replacement Data. a) The number, type, fuel type used and date placed in service of new collection vehicles purchased to service in the City. b) The number, type, fuel type used and date returned to service of used collection vehicles refurbished to provide service within the City. C) The number, type, fuel type used, date removed from service of collection vehicles permanently removed from providing service within the City. d) The total number and type of new containers placed in service during the prior year of service. 24.2.5 Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in applicable law or technology. Contractor's recommendations with respect to compliance with AB 341, AB 939, AB 1594, and AB 1826 and shall state the specific requirement that the implementation of the recommendation is intended to satisfy. 24.3 Reporting Additional Matters. Contractor shall provide to the City Manager all correspondence, reports, pleadings, applications, notifications, notices of violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, or its successor agency, the California Department of Toxic Substances Control, or its successor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall Page 69 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 832 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. be submitted to City within a reasonable time subsequent to Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. 24.4 Submission of Reports. Reports shall be submitted to: Director of Public Works City of San Bernardino 300 North "D" Street, 5`h Floor San Bernardino, CA 92418 24.5 Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of Section 28 of this Agreement before declaring any material breach. 24.6 Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Contractor 24.7 City's Right to Request Information. The City believes and Contractor agrees that cooperation between City and Contractor is critical to the success of this program. City reserves the right to request, and Contractor agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis. 24.8 CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where its Solid Waste was taken, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems, which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the landfill disposal reports required by Section 24 for twenty (20) years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. Page 70 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 833 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 25. Indemnification and Insurance 25.1 Indemnification re Certain Challenges to Agreement. Contractor, upon demand of the City, made by and through the City Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Materials", asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws with respect to the provision of Integrated Solid Waste Collection, Processing and Disposal Services in the City, and challenges to the certification or implementation, imposition, adjustment or collection of any rate, interest, penalty or other fee under the Agreement. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Contractor agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Contractor agree to appeal, or to oppose any appeal, City and Contractor agree to share equally the costs of appeals. Should either City or Contractor decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. 25.1.1 Mutual Defense Regarding Certain Challenges to Agreement. In the event this Agreement, its approval, or its implementation, or the limits of City's authority with respect to the grant of the Franchise is challenged on the basis that it, or any of the payments made by Contractor to City, whether individually or collectively, is invalid or is otherwise contrary to the law as an impermissible general tax, special tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, the various enabling and implementing statutes related to that Article, or any of the judicial decisions interpreting that Article and the enabling and implementing statutes, the Parties agree to conduct a joint and coordinated defense of such action making collective decisions regarding litigation strategy including decisions regarding motions, discovery, settlement, and trial. Each Parties agrees to bear its own costs of defense and shall have the right to choice their own independent legal counsel, provided that nothing herein prohibits the Parties from agreeing to retain one or more legal counsel to jointly represent and defend the Parties. In the event of an adverse legal determination or settlement of such action, the parties agree to cooperate and work in good faith to prepare such amendments or alternatives to the Agreement that will implement the original intent of the Parties while complying with any adverse legal determination or settlement. Page 71 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 834 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 25.2 Environmental Indemnification and Compliance. Contractor shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste (including Household Hazardous Waste and Universal Waste) in any Solid Waste, Recyclable Material or Organic Waste collected by Contractor pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Contractor, or its activities pursuant to this Agreement result in a release of a Hazardous Waste (including Household Hazardous Waste and Universal Waste)into the environment. 25.3 General Indemnification. Except in those cases when this Agreement requires City to indemnity, defend and hold harmless Contractor and it officers, employees and agents, Contractor further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any act or omission of Contractor or its officer, employees or agents in the performance or failure to perform the services required under this Agreement, and/or failure by Contractor to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean-burning and alternative fuel vehicles. 25.4 Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Page 72 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 835 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Response, Compensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in paragraph B. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.5 Prospective Application of Indemnities. The indemnities and obligations to protect, defend and hold harmless provided by Contractor to City under Sections 25.1, 25.2, 25.3, and 25.4 are prospective to the Effective Date of this Agreement. The indemnities and obligations to protect, defend and hold harmless City shall not be interpreted to apply to City's own acts and omissions in the provision of Comprehensive Solid Waste Service but solely to the acts and omissions of Contractor, its owners, directors, officers, agents and employees. 25.6 Compliance with Laws. Contractor warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 341, AB 575, AB 939, AB 1594, AB 1826, SB 20, and SB 50, and all other applicable laws and regulations of the U.S. Environmental Protection Agency, the State of California, the County of San Bernardino, the California Air Resources Board, CalRecycle, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 25.7 Workers' Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. 25.8 Liability and Vehicle Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CG 0001) and an Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 any auto) policy with minimum limits of Twenty Million Dollars ($20,000,000) aggregate and Five Million Dollars ($5,000,000) per occurrence, per year. Said insurance shall protect Contractor and City from any claims for damages for bodily Page 73 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 836 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. 25.9 Required Language In Policies. The following language is required to be made a part of all of the insurance policies (except for Workers Compensation Insurance) required by this Section: The City of San Bernardino, its employees, agents, franchisees and officers, are hereby added as additional insured's as respects to liability arising out of activities performed by or on behalf of Contractor "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 25.10 Pollution and/or Environmental Impairment Liability Insurance. Contractor shall obtain and maintain in full force and effect for the entire Term of this Agreement, a Pollution and/or Environmental Impairment Liability policy covering liability arising from the release of Hazardous Waste, or other contaminants, pollutants or irritants with minimum limits of Six Million Dollars ($6,000,000) aggregate and Six Million Dollars 6,000,000) per occurrence, per year. Contractor shall ensure that such coverage shall automatically broaden in its form of coverage to include legislated changes in the definition of Hazardous Waste. The policy shall stipulate that this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and shall waive subrogation against City and other additional insureds. 25.11 Required Rating. The insurance required by this Agreement shall be with insurers which are Best A: VII-rated and which are California-admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 25.1, 25.2, 25.3 and 25.4 above. 25.12 Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Contractor shall file copies of Page 74 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 837 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to maintain copies of insurance policies required pursuant to this Agreement for seven (7 years) after the end of the term during which collection services were provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.13 Self-insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. 25.14 Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties. Section 26. Performance Bonds Concurrent with the execution of this Agreement, Contractor shall deposit with City a Performance Bond or an irrevocable letter of credit or other such document (Performance Bond), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City guaranteeing Contractor's faithful performance of the terms of this Agreement. The amount of the Performance Bond shall be Four Millions Dollars ($4,000,000) during the first Agreement Year, and shall be Two Million Dollars ($2,000,000) each year thereafter for the term of this Agreement. Such Performance Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement. 26.1 Upon Contractor's failure to pay the City an amount owing under this Agreement, the Performance Bond may be assessed by the City, for purposes including, but not limited to: 26.1.1 Failure of Contractor to pay the City sums due under the terms of the Agreement; 26.1.2 Reimbursement of costs borne by the City to correct breaches not corrected by Contractor, after due notice; 26.1.3 Monetary remedies or damages assessed against Contractor due to breach of this Agreement; or 26.1.4 To satisfy an order of the referee Page 75 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 838 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 26.2 Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Performance Bond. 26.3 All of City's costs of collection and enforcement of the provisions relating to the Performance Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Contractor Section 27. Emergency Service 27.1 Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 33.1, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such accumulation results in any imminent and substantial threat to the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute Solid Waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. See also Section 33.1, below. 27.2 Contractor shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, tsunami, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor's actual costs. Disputes with respect to Contractor's emergency services or the costs of those services shall be resolved according to the dispute resolution provisions of Section 28 and Section 29 of this Agreement. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement. Page 76 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 839 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 28. Administrative Remedies; Imposition of Damages; Termination 28.1 Notice; Response; Resolution; Appeal. 28.1.1 Notice of Deficiencies; Response. If City's Representative determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the City Representative may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The City Representative, in any written notification of deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall correct any deficiencies it agrees have occurred and in any event shall respond to the written notification of deficiencies within thirty days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 28.1.2 Review by City Representative; Notice of Appeal. a) The City Representative shall review any written response from Contractor and decide the matter. If the City Representative's decision is adverse to Contractor, the City Representative may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Representative determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The City Representative shall promptly inform Contractor of the City Representative's decision. In the event the decision is adverse to Contractor, the City Representative shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Representative's decision and any remedial action taken or ordered. An adverse decision by the City Representative shall be final and conclusive unless Contractor files a "Notice of Appeal" with the City Clerk (with copies to the Page 77 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 840 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. City Manager and City Attorney) within 30 days of receipt of the notification of the adverse decision by the City Representative. b) In any "Notice of Appeal" Contractor shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Contractor desires to have considered by City. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. 28.1.3 Review by City Manager; Appeal. a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Section 28.2 and Section 28.3, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions that Contractor may choose to submit. No new evidence not previously submitted in accordance with Section 28.1.2b) may be submitted. Page 78 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 841 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 28.2 City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. The City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 28.2.1 A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 28.2.2 The City Representative's written Notification of Deficiencies; 28.2.3 Contractor's response to the Notification of Deficiencies; 28.2.4 The City Representative's written notification to Contractor of adverse decision; 28.2.5 Contractor's Notice of Appeal to the City Manager; 28.2.6 The City Manager's written notification to Contractor of adverse decision; and 28.2.7 Contractor's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Contractor at this or at any further point in the proceedings, absent a showing of good cause. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard. 28.3 City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor's performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Contractor files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on Page 79 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 842 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City's remedies shall be stayed until Contractor has exhausted its appeals under Section 28 and Section 29 of this Agreement. 28.4 Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council or City Manager under this Section 28, as provided in Section 29, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 29, below. In the case of a rate adjustment request made pursuant to Section 21, but not approved by the City, Contractor's sole remedy shall be as specified in Section 21. 28.5 Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 28.5.1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim; 28.5.2 If Contractor is convicted of, or pleads guilty, no contest, or nolo contender to a felony related to this Agreement. 28.5.3 As used in this Section, the term "Contractor" shall mean only the following: (a) the owner(s) of Contractor (whether shareholders, partners, or otherwise), (b) the members of Contractor's Board of Directors; and (c) Contractor's President, Chief Executive Officer, Chief Financial Officer, Chief Operations Officer, and/or the Secretary. 28.6 Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. Section 29. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 28, if applicable, may refer a disputed matter for resolution under this Section 29 in the following manner. 29.1 Applicability. If either the City Manager or the City Council refers a matter to a referee, or Contractor appeals or refers a matter to a referee, the provisions of this Page 80 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 843 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. 29.2 Reference of Dispute. Any dispute seeking damages and any dispute seeking equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638-645.1. The venue of any proceeding hereunder shall be in San Bernardino County, California. 29.2.1 Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service ("JAMS") of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains. 29.2.2 Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultaneously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance or to confidential mediation or settlement briefs that the parties have agreed to submit to the referee. 29.2.3 Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 29, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs expenses or attorney's fees and costs as a result of the other party's violation of Code of Civil Procedure 128.5, the referee may award such additional expenses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 29.2.4 Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the Page 81 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 844 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. other party, subject to the limitations of Section 22, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties. 29.2.5 Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 29.2.6 Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Contractor's response to the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. 29.2.7 Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or(iii)find there has been no breach. 29.2.8 Stay Pending Entry of Final Judgment. Except as provided in Section 26.3 with respect to draws on a Performance Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related Page 82 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 845 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. to the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification, or if the interests of justice so require. 29.2.9 Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover(or offset)the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award. 29.3 Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 30. City's Additional Remedies In addition to the remedies set forth above. City shall have the following rights: 30.1 Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Contractor, in the event Contractor should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. 30.2 Damages and/or Injunctive Relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. 30.3 City's Damages for Failure to Achieve Diversion Requirements. Contractor agrees that its failure to achieve the diversion requirements set forth in Section 5, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Section 5.1.1 related to waste diversion, shall be a material breach of this Agreement. If CalRecycle, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Contractor's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. Page 83 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 846 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 30.4 Liquidated Damages. The parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City, and City's residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, in addition to City's right to treat such non-performance as a breach of this Agreement, the parties agree that the liquidated damages amount defined in this Section may represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to City, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. 30.5 Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor ("Notice of Assessment") of the liquidated damages assessed and the basis for each assessment. 30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. 30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager's designee as soon as reasonably possible after timely receipt of Contractor's request. 30.5.3 The City Manager or the Manager's designee shall review Contractor's evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor. Page 84 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 847 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 30.5.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Representative's determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day 30.5.5 City's assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure to perform the work and services in the manner set forth in this Agreement. Contractor agrees to pay(as liquidated damages and not as penalty)the following amounts: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to address each complaint by the $100 per incident per close of the next working day. Service Recipient. b. Failure to address concerns regarding maintaining the $100 per incident per collection equipment in a clean, and sanitary manner. day. C. Failure to have a vehicle operator properly licensed. $100 per incident per day. d. Failure to maintain office hours as required by this $100 per incident per Agreement. day. e. Failure to maintain or timely submit to City all $100 per incident per documents and reports required under the provisions day. of this Agreement. f. Failure to display Contractor's name and customer $100 per incident per service phone number on collection vehicles. day. g. Failure to collect a missed collection by close of the $100 per incident per next work day upon notice to Contractor. day. h. Failure to repair or replace damaged Carts or Bins $100 per incident per within the time required by this Agreement. day. i. Failure to deliver or exchange Carts or Bins within the $100 per incident per time required by this Agreement. day. j. Failure to meet vehicle noise requirements. 100 per incident per day. k. Failure to maintain collection hours as required by this $250 per incident per Agreement without prior City approval. day. Page 85 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 848 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. LIQUIDATED DAMAGES Item Amount I. Failure to offer and provide adequate facility $250 per incident per processing capacity of Recyclable Materials and day. Organic Waste. m. Failure to have field personnel in company/contractor $250 per incident per uniform. day. n. Failure to repair damage to customer property caused $500 per incident per by Contractor or its personnel. location. o. Failure to repair damage to City property caused by $500 per incident. Contractor or its personnel. p. Failure to clean up spillage or litter caused by $500 per incident per Contractor.location. q. Failure to properly cover materials in roll-off containers $500 per incident. during transport. r. Changing residential collection days without proper $500 per incident per notification to the City Representative. day. r. Commingling Solid Waste with Recyclable Materials, $500 per incident. with the exception of contaminated recyclables S. Disposal of Recyclable Materials or Organic Waste in $500 per load. the landfill without first obtaining the required permission of the City. t. Failure to deliver any collected materials to a non- $5,000 each failure. permitted Disposal Facility, Materials Recovery Facility, or Organic Waste Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. U. Commingling of materials collected inside and outside $1,000 per incident. the City of San Bernardino. V. Failure to meet and maintain minimum annual $50 per ton for each Diversion Guarantee for two consecutive years. ton under the minimum requirements. W. Failure to remove graffiti as specified in Section 6.10. $100 per Container per day. X. Failure to sweep a street after notification by City that $500 per block or lot. street had not been swept in accordance with established schedule or sweeping did not meet generally accepted industry standards for sweeping. Page 86 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 849 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 31. Billing Audit and Performance Reviews 31.1 Selection and Cost. The City may conduct billing audit and performance reviews reviews") of the Contractor's performance during the term of this Agreement, but not more often than one every 3 calendar years. The reviews, if performed, will be by a qualified firm under contract to the City. The City shall have the final responsibility for the selection of the firm but shall seek and accept comments and recommendations from the Contractor. The Contractor shall be responsible for the cost of one (1) review up to a maximum of Seventy Thousand Dollars ($70,000.00), with the exception of reviews required in accordance with Section 31.3, the cost for additional Billing Audits and Performance Reviews will be the responsibility of the City. 31.1.1 Purpose. The review shall be designed to verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer, verify that Franchise Fees, and other fees required under this Agreement have been properly calculated and paid to the City, verify Contractor's compliance with the reporting requirements and performance standards of the Collection Service Agreement, and verify the diversion percentages reported by the Contractor. The City (or its designated consultant) may utilize a variety of methods in the execution of the performance review and billing audit, including analysis of relevant documents, on-site and field observations, and interviews. The City (or its designated consultant) will review and document the items in the Agreement that require the Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures, that can be objectively evaluated. This information will be formatted in a "compliance checklist" with supporting documentation and findings tracked for each of the identified items. The review will specifically include a determination of the Contractor's compliance with the diversion requirements of Section 5 and Exhibit 7, and the public outreach and education requirements of Section 14 and Exhibit 6. The City (or its designated consultant) may review the customer service functions and structure utilized by the Contractor. This may include the Contractor's protocol for addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field observations by the City (or its designated consultant) may include, but are not necessarily limited to: a) Interviews and discussions with Contractor's administration and management personnel; Page 87 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 850 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Review and observation of Contractor's customer service functions and structure; C) Review of public education and outreach materials; d) Interviews and discussions with Contractor's financial and accounting personnel; e) Interviews with route dispatchers, field supervisors and managers; f)Interviews with route drivers; g) Interviews with vehicle maintenance staff and observation of maintenance practices; and h) Review of on-route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of streets 31.2 Contractor's Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data and other data requested by the City within thirty (30)Work Days. Failure of the Contractor to cooperate or provide the requested documents in the required time shall be considered an event of default. 31.3 Additional Contractor Paid Billinq Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non-compliance is material, the City may conduct an Additional Billing Audit and Performance Review to ensure that Contractor has cured any such area of non-compliance. Contractor shall be responsible for the cost of any such Additional Billing Audit and Performance Review. 31.4 City Requested Program Review. The City reserves the right to require the Contractor to periodically conduct reviews of the SFD and MFD and Commercial collection programs to assess one or more of the following performance indicators: average volume of recyclable materials per setout per customer, average volume of organics per setout per customer, participation level, contamination levels, etc. Prior to the program evaluation review, City and Contractor shall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by the Contractor. Page 88 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 851 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 31.5 Cooperation with Other Program Reviews. If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste Recyclable Materials and Organic Waste collected in the City by the Contractor, the Contractor shall cooperate with the City or its agent(s). Contractor shall also cooperate with any waste generation studies conducted by the City or its agent(s). Section 32. Franchise Transfer; City Consent; Fees 32.1 Contractor may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer'), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Contractor, except as provided in Section 32.3, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided. 32.2 The City will not unreasonably withhold its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. 32.3 Contractor's internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Contractor, or by operation of law. Any request for an internal reorganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Contractor shall reimburse City for all of its costs to review Page 89 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 852 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Determination by the City Manager shall be final. Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement. 32.4 Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of Five Hundred Thousand Dollars ($500,000) to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $500,000 shall be reimbursed by the Contractor prior to submission of the proposed transfer to the City Council. In the event that the City's costs are less than $500,000, City shall retain any unused monies. Section 33. General Provisions 33.1 Force Majeure. Contractor shall not be in breach of this Agreement in the event that the collection, transportation and/or disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of San Bernardino; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Contractor In the event a labor disturbance interrupts collection and transportation of Solid Waste and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 28 and Section 30 of this Agreement. Failure by City to exercise its rights under this Section shall not be deemed a waiver of its rights under Section 28.5 33.2 Extraordinary Circumstances. Notwithstanding any other term or provision hereof, nothing in this Agreement is intended, nor shall it be interpreted, to prevent or preclude Contractor from contacting City's officials, officers and representatives to request an amendment to, or other modification of, this Agreement due to the occurrence of an event or circumstance that substantially increases Contractor's cost of service, or otherwise substantially and negatively impacts Contractor's provision of services, under this Agreement. Page 90 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 853 City of San Bernardino Exclusive Franchise Agreement for integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 33.3 Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor nor an arrangement for the disposal of Hazardous Wastes. Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits, which accrue, to City employees. 33.4 Pavement Damage. In the event where damage to City streets is caused by Contractor's equipment, Contractor shall be responsible for all repairs to return the street to the same condition prior to the street damage. Repairs shall be performed in a manner satisfactory to the City Representative and at no cost to the City. Disputes between Contractor and its Service Recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibility and as a matter within the scope of this Agreement. 33.5 Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replaced by Contractor, at Contractor's sole expense. Except as provided in Section 25 above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Contractor's civil liability to any third parties. 33.6 Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California. 33.7 Fees and Gratuities. Contractor shall not permit any officer, agent or employee to request, solicit, or demand, either directly or indirectly, any gratuity for the collection of Solid Waste, Recyclable Materials, or Organic Waste otherwise required to be collected under this Agreement. 33.8 Amendments. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties, approved by the City Council by written resolution. Purported oral amendments shall be void and of no force or effect. 33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows: Page 91 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 854 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. To City: City Manager City of San Bernardino 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 Copy to: City Attorney City of San Bernardino 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 And to: Director of Public Works City of San Bernardino 300 N. "D" Street, 5th Floor San Bernardino, CA 92418 To Contractor: Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email, or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 33.10 Savings Clause and Entirety. If any non-material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 33.11 Construction. The language in all part of this Agreement shall be in all cases construed simply according to the fair meaning thereof and not strictly for or against any of the Parties hereto. 33.12 Pubic Records. All information received by City concerning this Agreement, including the Agreement itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the "Public Records Act'). The Parties understand that although all materials received in connection with this Agreement are intended for the exclusive use of the Parties, they are potentially subject to disclosure under the provisions of the Public Records Act at the sole discretion of the City. 33.13 Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Contractor is to provide collection services under this Agreement, Contractor and City have not entered into a succeeding agreement, Contractor shall Page 92 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 855 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. cooperate fully with City and all prospective subsequent Solid Waste enterprise(s), franchisee(s), licensee(s), permittee(s) or other Person seeking to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Contractor agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SAN BERNARDINO a Califor 'a Charter City and Municipal Corporation Jarr d Burguan Interim City Manager ATTEST- Georgean 'Gigi" Hann City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. CONTRACTO BURRTEC ST N TRIES, INC. By: Cole Burr President Page 93 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 856 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 94 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 857 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016-June 30, 2017 SFD/MFD/Commercial Cart Service Level/Frequency Monthly Services Rate 1 - 64 or 96 gallon Solid Waste Cart Single or Multi-Family Dwelling 1 -96 gallon Organic Waste Cart 22.84 1 -96 gallon Recyclable Materials Cart 1 -64 or 96 gallon Solid Waste Cart Mobile Home 15.24 1 -96 gallon Recyclable Materials Cart 1 - 64 or 96 gallon Solid Waste Cart Commercial Unit 22.84 1 - 96 gallon Recyclable Materials Cart Each Additional Solid Waste Cart 64-96 gallon carts 12.96 Each Additional Extra Organic 96 gallon cart 11.35 Waste Cart (residential only) Additional Recyclable Materials 96 gallon cart 0.00 Cart (residential only) Solid Waste Collection Frequency/Monthly RateBinServices Bin Size 1/week 2/week 3/week 4/week 5/week 6/week Extra Pickup 1-2 CY $112.10 $205.31 $304.44 $401.20 $495.60 $661.98 $25.28 3 CY $119.18 $225.56 $335.11 $440.14 $547.51 $840.16 $27.50 4 CY $130.98 $247.80 $364.61 $480.26 $595.90 $1,036.04 $30.11 6 CY $189.98 $362.26 $535.71 $713.90 $876.74 $1,014.94 $35.68 Compactor Collection Frequency/Monthly Rate Page 95 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026       Packet Pg. 858 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016-June 30, 2017 Services Compactor Extra Size 1/week 2/week 3/week 4/week 5/week 6/week pickup 2 CY $130.98 $245.43 $361.08 $476.71 $591.18 $786.35 $27.50 3-4 CY $154.58 $287.91 $423.61 $553.41 $692.65 $925.11 $30.11 Recycling Bin Collection Frequency/Monthly Rate Services Bin Size 1/week 2/week 3/week 4/week 5/week 6/week 2 - 6 CY Bin $41.50 $83.00 $124.50 $166.50 $208.00 $249.50 Green Waste/Organics Bin Collection Frequency/Monthly Rate Services Extra Bin Size 1/week 2/week 3/week 4/week 5/week pickup 1-2 CY $107.38 $198.24 $291.46 $384.68 $476.71 $25.28 3 CY $114.46 $215.94 $316.24 $416.54 $515.66 $27.50 4 CY $125.08 $232.46 $341.01 $450.76 $558.14 $30.11 6 CY $143.96 $267.86 $394.11 $505.04 $641.91 $35.68 Roll-off Services Rate/How Charged Service/Item Rate How Charged 10 -40 CY Roll-off $335.11 Rate Per Pull Recycling Compactor $142.00 Rate Per Pull Page 96 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026       Packet Pg. 859 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016—June 30, 2017 Water Reclamation Site $115.00 Rate Per Pull Rate Per Pull — plus 4 tons of applicable Temporary Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary Green Waste Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary C&D Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary Inert Roll-off $335.11 disposal Per Occurrence (in excess of 15 Standby-Roll Back $135.70 minutes) Dry Run/Relocate 75.00 Per Occurrence Roll-off Wood (Treated) $102.88 Per Ton Disposal Per Ton 49.05 Per Ton Green Waste Per Ton 48.29 Per Ton Wood Waste Per Ton 42.50 Per Ton Inerts (Clean) $100.00 Per Load Dry Wall 40.28 Per Ton Carpet 50.00 Per Ton Overweight Penalty 12.00 Per Ton Miscellaneous Compactor Repairs 66.91 Per Hour Temporary Bin Services Rate/How Charged Item/Service Rate How Charged 7-day Bin 69.00 Each Occurrence Extra Pick-up 7 Day 69.00 Each Occurrence 7-day Bin Extension 69.00 Each Occurrence Page 97 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 860 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016—June 30, 2017 Misc. Services Rate/How Charged Item/Service Rate How Charged Clean-Up Service 36.23 Per each 15 minutes Late Set Out (Barrel)28.75 Per trip On-Call Refuse Pickup (non 45.00 Each Occurrence 2 - 4 Cubic Yard service day) On-Call Recycling Pickup (non 35.00 Each Occurrence 2 — 3 Cubic Yard service day Cart Replacement 74.75 Each Cart/Each Occurrence Lock 17.70 Each Lock/Each Occurrence Bin Enclosure Cleaning 37.16 Each Enclosure/Each Occurrence Bin Roll Out Service 67.26 Monthly Bin Steam Cleaning 37.16 Each Bin/Each Occurrence Rent 3 Yard Tilt Hopper 30.00 Each Tilt Hopper/Each Occurrence Compactor Cleaning $133.34 Each Compactor/Each Occurrence Recycling Contamination $59.00 Each Bin Late Fee 1.5% Per month Page 98 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 861 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Fire Department Fire Station #221 200 E. 3" St Fire Station #222 1201 W 91 St Fire Station #223 2121 Medical Center Dr Fire Station #224 2641 N E St Fire Station #225 1640 W Kendall Dr Fire Station #226 1920 N Del Rosa Ave Fire Station #227 282 W 40t St Fire Station #228 3398 E Highland Ave Fire Station #229 202 N Meridian Ave Fire Station #230 502 S Arrowhead Ave Fire Station #231 450 E. Vanderbilt Way Fire Station #232 6065 N Palm Ave Fire Department Automotive Shop 120 D St Police Department Police Department 710 N D St Police Pistol Ranch 1100 E Highland Ave Animal Control 333 W Chandler PI Parks Department Park & Recreation 1494 E Art Townsend Dr Parks Dept—T 234 S Mtn View Ave CID, TT, Parks Dept 8088 N Palm Ln Lytle Creek Park 300 S. K St Meadowbrook Park 2 nd & Mt View Ave Perris Hill Park 1100 E Highland Ave Rio Vista Park 1399 N California St San RI Fields/Nicolson Park 2 nd & Meridian Seccombe Park 5t F& Belle Hernandez Community Center 222 N Lugo Ave Antil Garden Project 868 E 6t St Page 99 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 862 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Meadow Nutrition Center 123 N Mtn View Ave Ruben Campos 1717 W 5 th St Senior Citizens Ser Center 600 W 5 th St Warner-Hodgedon Field 200 E 7 th St Al Guhin Park 3650 Little League Dr Little League Doty Field 40th &Waterman Ave Melton Field 300 E 40t St Del Road Little League Park Marshal[/Mountain Ave Carl Karper Field #39 3900 Severence Ave Guiterrez Field 1291 W 14t St Palm Field 790 E 6 th St Porterfield Little League 226 E 7 th St Blair Park 1466 W Marshall Blvd Highland Fields North 1535 Arden Ave Highland Fields South Pacific & Arden Nicholson Community Center 2750 W 2 nd St Guadalupe Field 8 th &Western Ann Shirrells Park 1367 N California St Ballard Field 1700 W 5 th St Mill Community Center 503 E Central Ave Nunez Park 1717 W 5 th St Delman Heights Center 2969 N Flores St Speicher Park 1535 Arden Ave Wildwood Elks Field 500 E 40" St Post 777 Little League Marshall/Little Mtn City Yard Central Store/Yards 181 S Pershing Ave Electrical Shop-T 182 S Sierra Way City Garage 182 S Sierra Way Page 100 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 863 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Paint Shop-T 231 S Pershing Ave Public Works Bldg 231 S Pershing Ave Refuse Yard/Warehouse-R 180 S. Sierra Ave Library Feldheym Central Library 555 W 6t St Rowe Branch Library 108 E Marshall Blvd Villasenor Branch Library 525 N Mt Vernon Blvd Soccer Blast Soccer Field 3500 W Little League Dr Arrowhead Stadium 280 S E St City Hall 300 N D St Pioneer Cemetery 7" & Sierra Way Miscellaneous Norton Air Force Base Gym 1554 E Art Townsend Dr Roosevelt Bowl 1001 E Highland Ave Sturgis Auditorium 780 N E St Homeless Access Center 247 E 7 1h St Urban Conservation Corp 378 E Orange Show Rd Other City facilities/buildings/locations as may be requested by the City. Page 101 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 864 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 102 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 865 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 3 Contractor's Facilities Primary Facilities: San Bernardino Landfill System (Contractor's preferred disposal site) Burrtec East Valley Recycling & Transfer Facility Riverside County Waste System Salton City Landfill System Backup Facilities: Burrtec West Valley MRF Robert A. Nelson MRF/Transfer Station (Agua Mansa MRF) Other additional facilities upon written notice to the City Page 103 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 866 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 104 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 867 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 4 City Sponsored Events City Hall Food truck event held every Third Thursday. Movie in the Park held in June/July held every Wednesday night. San Bernardino Air and Car Show (October). Turkey Trot (November). Hoho Parade (December). Perris Hill Park Christmas in the Park (December)). Cafe Tuesdays. Downtown Farm Share Market. Rendezvous Route 66. Dump Days (11 days per Agreement Year). Secure Document Shred Event for City Residents (dates, locations and times to be agreed to between City and Contractor). Compost Give-Away Event (amount of compost to be delivered by Contractor, dates, locations and times to be agreed to between City and Contractor). Neighborhood/ Community Council Clean-Up Events (dates, locations and times to be agreed to between City and Contractor). Other City Sponsored Events as requested by the City. Page 105 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 868 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 106 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 869 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan SOLID WASTE COLLECTION SERVICES 1. EMPLOYMENT ACTIVITIES Contractor proposes to initiate the recruitment process immediately following award of contract by the City Council. 1) Recruitment. Upon award of the contract, Contractor representatives will distribute an Employment Announcement to City employees who will be displaced by the outsourcing of Solid Waste Collection Services, Street Sweeping Services and Right- Of-Way Clean-Up Services to Contractor. The announcement will detail pay and benefits and describe the employment process. 2) Hiring and Orientation. Following the award of contract to Contractor, all eligible City employees will be offered employment upon successful completion of the following items: a. Criminal and driving background check b. Post offer physical exam c. Drug screening 3) Job Fair. Contractor will host a job fair in San Bernardino for employees and their family. The job fair will provide additional information on Contractor, such as the employee manual, benefit information and give employees and opportunity to talk with management, supervisors and Contractor employees. New hire orientation will be held 7-10 days prior to the contract start date. 4) Start Date as Contractor Employees. On Service Commencement Date, the City's former IWMD employees will report for work as employees of Contractor retaining their seniority from their original dates of hire with the City. 2. TRANSITION ACTIVITIES The transition period begins with the award of contract and ends thirty (30) days after services have been implemented. 1) Transition Planning. Within five (5) calendar days following contract award, Contractor will meet with the City Staff to discuss the Implementation Plan. 2) Ongoing Transition Team Meetings. Contractor's transition team liaison will meet with City Staff as needed to report on the progress, activities, and issues that may have surfaced and how the issues have or will be addressed. Page 107 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 870 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan 3) After-Action Meeting. At the conclusion of the transition period, City and Contractor will meet to review the success of the transition as well as plans to address any unresolved matters. 3. OUTREACH ACTIVITIES Contractor currently operates a local office within the City at 5455 Industrial Parkway, 909-889-1969, which shall be utilized in the interim for customer service activities. 1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. 2) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. 3) Residential Service Brochure. Prior to the Service Commencement Date, Contractor will distribute a service brochure to each residential dwelling receiving individual collection to introduce them to services and promote recycling and organic material diversion. 4) Chamber of Commerce Presentations. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. 5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming transition in service providers. 4. CUSTOMER SERVICE ACTIVITIES During the transition, Contractor will utilize its existing, in-City facility located at 5455 Industrial Parkway, San Bernardino, 909-889-1969, empire @burrtec.com as its local customer service office. 1) CSR Orientation/Training. Following the award of contract, all Contractor personnel having direct contact with the public will participate in an orientation session to familiarize them with the transition process and services offered in San Bernardino. This training will ensure that all Contractor customer service personnel are familiar with the upcoming services the company will render and can respond intelligently to any inquiry received. 2) Account Information. Contractor will identify all customers and the services rendered to each. a. City Record Upload. Within ten (10) working days of executing the agreement, City will provide and Contractor will upload City's Customer Management Record Page 108 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 871 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan with the name, service address, billing address, subscribed services, including but not limited to, container size, pick up frequency, and account history. b. Create Contractor CMR. Following the upload of the City's Customer Management Record, Contractor will create a Contractor Customer Management Record and perform a desktop audit of the records. c. Field Verification. Contractor will visit each Commercial customer service location to verify the presence of containers, inspect container locations including enclosures and note the presence of containers for Recyclable Materials and Organic Materials collection services. 5. OPERATIONAL ACTIVITIES Operational activities are to include all services dealing with collection operations. 1) Collection Vehicles a. Evaluation. Contractor will evaluate City-owned collection vehicle for immediate use and long-term use in the City. b. Vehicle Signage. Contractor will rebrand each vehicle acquired from the City. 2) Containers. a. Residential Carts. i. Labeling. Within the first four (4)weeks following the Service Commencement Date, Contractor personnel will re-brand every BLACK, BLUE and GREEN cart in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to the lid of each BLUE and GREEN cart. ii. Replacement. Any cart found to be in disrepair will be replaced with a cart employing the same BLACK-BLUE-GREEN color scheme. b. Commercial Bins. i. Labeling. Within the first four(4)weeks following the Service Commencement Date, Contractor personnel will label every bin in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of bins used for collecting Recyclable Materials and Organic Materials. ii. Short-Term Replacement Program. Any bin found to be in disrepair, will be repaired in the field or replaced with a clean and freshly rehabilitated bin. c. Roll-off Boxes and Compactors. Page 109 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 872 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan i. Re-Branding. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every roll-off box by painting and stenciling, and compactors by affixing a Contractor identification sticker, with Contractor's name and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of compactors used for exclusively collecting Recyclable Materials and Organic Materials. ii. Refurbishing. Any roll-off box or Contractor-owned compactor found to be in disrepair will be repaired or replaced with a clean and freshly rehabilitated replacement unit. 3) Routing. i. City Route Lists & Maps. Within ten (10) days of executing the agreement, City IWMD will provide Contractor with its complete route lists and route map. Page 110 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 873 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 6 Public Education & Outreach Plan 1. PRE-STARTUP PROGRAMS The following public education and outreach activities will be performed prior to the Service Commencement Date. 1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. 2) Chamber of Commerce. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. 3) City Council Update(s). At the City's request, Contractor will provide periodic service updates to the City Council. 4) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. 5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming service transition. 6) Residential Brochure. Prior to the Service Commencement Date, Contractor will distribute a brochure to each residential dwelling receiving individual collection to introduce residents to the services and to promote recycling and organic material recycling. 2. POST-STARTUP PROGRAMS The following public education and outreach activities will be performed following the Service Commencement Date. 1) Acceptable Materials Labels. Commencing with the Service Commencement Date, as a part of the container rebranding procedure, labels describing the materials accepted for recycling will be affixed to every container (carts and bins) used for collecting Recyclable Materials and Organic Materials. 3. ONGOING PROGRAMS The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract. 1) Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling_ Page 111 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 874 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 6 Public Education & Outreach Plan awareness to the public. Community events include those as listed in Exhibit 4. 2) City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. 3) School Outreach. School programs will be contingent on subscribing to City services. 4) Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. 5) Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. 6) Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. 7) Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. 8) Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. 4. SCHEDULE & QUANTITY OF MATERIAL 1) Brochures. Contractor will distribute brochures describing services, proper use of carts, and acceptable materials to all residential cart before the Service Commencement Date. Brochures will also be distributed to new customers when a change in occupancy is noted. 2) Newsletters. Contractor will distribute newsletters to Residential customers four times per Agreement Year. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi-annual basis. Page 112 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 875 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan This Diversion Plan describes Contractor's the strategic approach to increase the City's overall diversion rate. RESIDENTIAL SECTOR Current residential programs will be augmented by: 1) Brochures/Newsletters. Re-energizing the programs by re-introducing the concepts of single-stream recycling and green waste diversion through full color bilingual brochures distributed to every residential customer. 2) Move-In Service. Collection of recyclable materials such as flattened cardboard and packing paper that would exceed the capacity of the recycling cart. 3) Public Education/Outreach. The following activities will be performed on an ongoing basis throughout the term of the agreement: a. Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling awareness to the public. Examples of events include, but are not limited to Cafe Tuesdays, Third Thursday Food Fest, Downtown Farm Share Market, Movie Night in the Park and Rendezvous Route 66. b. City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. c. School Outreach. School programs will be contingent on subscribing to City services. d. Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. e. Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. f. Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what Page 113 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 876 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. g. Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. h. Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. COMMERCIAL SECTOR Contractor proposes to increase diversion from Commercial sources by: 1) AB 341 Recycling Programs. Contractor will identify and report to the City annually on the AB 341 compliance status of each business. Contractor's recycling coordinator will work with each non-compliant business to establish programs. (AB 341 defines "business" as any commercial entity, public entity such as a school or hospital, and multi-family dwelling of five 5) units or more.) 2) Recycling Rebates. Commercial establishments that generate large quantities of source-separated Recyclable Materials may be offered rebates based on the net value of the commodity. 3) Organic Materials / AB 1826 Compliance. Contractor will identify and report to the City on the businesses impacted by AB 1826. Contractor's recycling coordinator will work with affected businesses to establish services that comply with the law. INDUSTRIAL SECTOR Contractor will to increase diversion from the Industrial sector by: 1) AB 341 Recycling Programs. (Previously described.) 2) Recycling Rebates. (Previously described.) 3) Organic Materials / Mandatory Commercial Organics Recycling Law. Previously described.) Page 114 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 877 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan 4) Construction & Demolition Waste. a. Source-Separated Collection. Contractor will provide multiple containers on large job sites to enable developer/contractors to source-separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance and finish phases. b. Mixed C&D Processing. Contractor will provide containers for mixed construction & demolition roll-off processing. Below are Contractor's diversion targets by service sector and date Refuse Green Waste Recyclables Total Solid Diversion Year Disposal Diversion Diversion Waste Rate Target Target Target Generated Target Current 150,000 30,600 21,000 201,600 26% 2016 138,100 38,500 25,000 201,600 31% 2020 120,600 48,000 33,000 201,600 40% 2025 91,600 63,000 47,000 201,600 55% Page 115 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 878 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 116 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 879 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 8 Customer Service Plan Customer Service Representatives will work from local division offices, not a regional call center. This localized customer service system promotes a better understanding of local programs and customer needs. 1. LOCATION The customer service center for the City of San Bernardino will be initially located at Contractor's existing San Bernardino Division Office at 5455 Industrial Parkway. 2. STAFFING Will consist of nine (9) fulltime Customer Service Representatives will be available to answer and process all incoming telephone calls from City residents and commercial enterprises. Customer Service Representatives will receive in-house training on the programs and services to be provided. 3. CALL HANDLING Customer Service Department will be accessible via a local, toll free telephone number, which will be listed under Contractor's name in the white pages directory servicing San Bernardino. Customer Service Department hours are 8:00 AM - 5:00 PM Monday through Friday and on Saturdays between 8:00 AM and 2:00 PM after recognized holidays. Customer phone calls and customer issues will be recorded in a computerized log, including the date and time, customer's name and address, nature of concern, and resolution. Phone calls received via the message center will be recorded in the log and responded to no later than the following workday. The log will be available for review by City representatives during normal office hours. Contractor will provide ongoing dispatch communications between drivers, route supervisors and customer service to address issues such as locked gates, equipment malfunctions, or missed collections. Page 117 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 880 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 118 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 881 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year Sweepers/Equipment 0492-03 BROOMSWEEPER 71,163 2003 7468 AIRSWEEPER CNG 34,476 2007 7469 AIRSWEEPER CNG 34,476 2007 7476 BROOMSW EEPER CNG 45,866 2007 7478 BROOMSW EEPER CNG 48,040 2007 9490 BROOM SWEEPER 38,690 2009 9491 CNG SWEEPER 22,639 2009 483 COMPACT TRUCK 90,375 1995 Right of Way Vehicles/Equipment 1557 1975 1556 MOWER FIELD & BRUSH 2007 1555 MOUNTED PUMP 1,555 1996 1553 3/4T PU W/SRVC.BDY 132,383 2001 1552 3/4T PU W/SRVC.BDY 78,000 2001 1551 VAN PASS-15 1-TON 76,717 2003 1550 VAN PASS-15 1-TON 68,170 2003 1549 TRAILER 10 FT 1989 1548 TILT BED TRLR 58,292 1989 1547 3/4 T PICKUP 119,237 2002 1546 PRESSURE WASHER 100 1989 1544 3/4 T PICKUP 41,249 1997 1543 TRAILER 1 AXLE 2 1984 1542 TRAILER 10 FT 1984 1541 FLATBED 115,349 2002 1540 1 T FLTBED DUMP 164,949 1992 1539 TRAILER 15 FT 1988 1536 ARROW BOARD TRLR 2003 813 O STEER MOWER 846 2007 802 3/4T PU W/SRVC.BDY 116,004 1998 768 TRAILER 20 FT. 2 AXL 2007 764 MOWER 3 DECK 4,750 2005 758 TRAILER 10 FT 1979 739 1 T FLTBED DUMP 35,750 2006 732 1/2 T PICKUP 113,856 2002 724 1/2 T PICKUP 121,296 2002 720 1/2 T PICKUP 87,742 2002 719 3/4 T PICKUP 122,586 2002 716 1/2 T PICKUP 98,867 2002 703 1 TON PICK UP 55,280 2008 577 TRAILER 10 FT 1990 576 CARRIER TRL 16' 1996 Page 119 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 882 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2010 530 529 75 2010 528 PRESSURE WASHER 2009 527 2008 526 PAINT SPRAYER 687 2008 525 PAINT SPRAYER 3 2008 524 PAINT SPRAYER 2008 523 PAINT SPRAYER 2008 517 2010 515 PAINT SPRAYER 2011 511 GENERATOR PORTABLE 2000 505 COMPACT PU REG.CAB 86,167 2007 487 TRAILER 10 FT 1980 485 TRAILER 15 FT 1973 472 VIBROPLATE 2011 308 MOWER-RIDING 72" RIGHT OF WAY" 21201 2007 Refuse Collection/Equipment Vehicle# Description Odometer Year 01107-02 SIDELOADER AUTOMATED 104,095 2002 01114-02 SIDELOADER AUTOMATED 82,853 2002 129 PRESSURE WASHER 659 2005 0155-87 REAR LOADER 252,804 1987 161 FORKLIFT 1,151 2010 224 SMALL REF. TRUCK 81,146 2006 225 SMALL REF. TRUCK 86,339 2007 7140 SIDELOADER AUTO 48,305 2007 7141 SIDELOADER AUTO 70,288 2007 7142 SIDELOADER AUTO 78,896 2007 7143 SIDELOADER AUTO 53,129 2007 7144 SIDELOADER AUTO 66,680 2007 7145 SIDELOADER AUTO 65,182 2007 7146 SIDELOADER AUTO 79,921 2007 7147 SIDELOADER AUTO 75,363 2007 7148 SIDELOADER AUTO 80,951 2007 7149 SIDELOADER AUTO 66,483 2007 7150 SIDELOADER AUTO 64,845 2007 7151 SIDELOADER-AUTO 67,814 2007 7152 SIDELOADER-AUTO 62,359 2007 8100 SIDELOADER AUTO 73,432 2008 8101 SIDELOADER AUTO 46,442 2008 8102 SIDELOADER AUTO 62,928 2008 8103 SIDELOADER AUTO 67,243 2008 8104 SIDELOADER AUTO 64,691 2008 8105 SIDELOADER AUTO 67,033 2008 Page 120 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 883 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 8106 SIDELOADER AUTO 77,856 2008 8107 SIDELOADER AUTO 76,008 2008 8108 SIDELOADER AUTO 79,437 2008 8109 SIDELOADER AUTO 73,679 2008 8223 REAR LOADER LNG 60,337 2008 9110 LNG SIDE LOADER 58,133 2009 9111 LNG SIDE LOADER 68,039 2009 9112 LNG SIDE LOADER 57,233 2009 9113 LNG SIDELOADER 61,554 2009 9114 LNG SIDELOADER 61,213 2009 9115 LNG SIDE LOADER 59,537 2009 9116 LNG SIDE LOADER 59,912 2009 9222 REAR LOADER 71,018 2009 10112 LNG SIDELOADER 41,169 2010 10113 LNG SIDE LOADER 40,425 2010 10114 LNG SIDE LOADER 7,600 2010 10115 LNG SIDE LOADER 45,184 2010 10117 LNG AUTO RES 49,480 2010 10119 LNG AUTO RES 44,606 2010 10120 LNG SIDELOADER 42,522 2010 12104 LNG SIDELOADER 40,217 2012 12116 LNG SIDELOADER 43,831 2012 12151 STAKEBED 23,174 2012 12152 STAKEBED 22,387 2012 200 1/2 T PICKUP CNG 51,081 2014 201 1/2 T PICKUP CNG 100,273 2014 209 1/2 T PICKUP CNG 65,440 2014 220 3/4 T PICKUP 108,320 1995 226 COMPACT SEDAN 45,348 1997 1101 FUEL ONLY 59,155 2007 1136 FUEL ONLY Not know 1507-02 4DR IVIED SEDAN 50,887 2002 RES OIL MISC. OIL CHRGS,ETC. 5,535 1997 145 BIN BUGGY 103,640 2006 206 STEAM CLEANER 2005 208 STEAM CLEANER 2005 221 TRAILER UTIL 15' 1996 1200 ROLL OFF 231,028 2001 1201 ROLL OFF 235,374 2001 1203 ROLL OFF 255,563 2002 1204 ROLL OFF 244,637 2001 154 BIN BUGGY 153,074 1998 2170 FR. END LOADER 150,787 2002 2171 FR. END LOADER 161,902 2002 2172 FR. END LOADER 150,217 2002 Page 121 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026       Packet Pg. 884 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2173 FR. END LOADER 33,373 2002 2174 FR. END LOADER 45,485 2002 2175 FR. END LOADER 4,473 2002 7176 FRONTLOADER AUTO 55,820 2007 7182 FRONTLOADER AUTO 67,888 2007 7188 FRONTLOADER AUTO 79,563 2007 7198 ROLL OFF LNG 120,653 2007 7202 ROLL OFF LNG 131,908 2007 7203 ROLL OFF LNG 238,304 2007 7204 ROLL OFF LNG 149,960 2007 8177 FRONTLOADER AUTO 181,143 2008 8178 FRONTLOADER AUTO 1,827 2008 8179 FRONTLOADER LNG 30 2008 8199 ROLL OFF LNG 130,000 2008 8200 ROLL OFF LNG 113,971 2008 9180 FRONT LOADER LNG 63,441 2009 9181 FRONT LOADER LNG 66,387 2009 9183 FRONT LOADER LNG 61,887 2009 9205 ROLLOFF LNG 117,568 2009 10191 LNG FRONT LOADER 54,956 2008 10193 LNG FRONT LOADER 59,353 2010 10196 LNG ROLL OFF 80,292 2011 12153 BIN CARRIER HREM 25,252 2012 12174 LNG FRONT LOADER 44,426 2012 12194 LNG FRONT LOADER 43,880 2012 12202 LNG ROLL OFF 52,523 2012 205 1/2 T PICKUP CNG 100,427 2004 207 4DR STD. SEDAN 113,796 2001 414 COMPACT SEDAN 54,786 1997 1505 COMPACT SEDAN 51,599 2000 202 WELDER WIRE FEED 2005 1130 BIN REPAIR 87,807 2000 234 VAN CARGO 1/2 TON 23,473 1997 1941 CLASSIC PICKUP 1,194 1941 COM OIL MISC. OIL CHRGS, ETC. 1 1997 Page 122 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026       Packet Pg. 885 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 10 Displaced City Employee Compensation Minimum Requirements BENEFITS. Displaced City Employees ("employees") employed by Contractor will receive the exact same benefits as all other Contractor employees: Health Insurance. Comprehensive medical plan paid by company for employee only and weekly premium payroll deduction for family coverage. Retirement. Employees will have the opportunity to join Contractor's 401 k retirement plan the first of the month following three months of service. Contractor will make a matching contribution in an amount equal to 50% of the portion of elective deferrals up to 6% of compensation and employee will become 100% vested when you enter the plan. Vacation. Vacation is accrued based upon length of employment: Years of Service Weeks Weekly Accrual 1 1 0.77 x 52 = 40.04 2 2 1.54 x 52 = 80.08 8-15 3 2.31 x 52 = 120.12 16 3 + 1 day 2.46 x 52 = 128.0 17 3 + 2 days 2.62 x 52 = 136.0 18 3 + 3days 2.77x52 = 144.0 19 3 + 4days 2.92x52 = 152.0 20 4 3.08 x 52 = 160.0 Paid Holidays. Contractor's employees receive six paid holidays. Paid Sick Leave — Employees will be granted 32 hours of Paid Sick Leave on every anniversary hire date. Upon successfully completing 90 days of employment employees may begin to use their 32 hours. Birthday Pay- Contractor employees receive their Birthday as a floating holiday Other. Service Awards-Contractor values employee's commitment to company and will recognize employee's anniversary milestones with a service award. Page 123 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 886 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 124 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026       Packet Pg. 887 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 11 Contractor's Subcontractors Contractor will use only one subcontractor who will perform street sweeping services: CleanStreet, Inc. Jere Costello, CEO and Founder 1937 W. 169th Street Gardena, CA 90247 800) 538-8015 info @cleanstreet.com Federal Tax Identification Number: 95-4147708 Page 125 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 888 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 126 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026       Packet Pg. 889 BURRTEC WASTE INDUSTRIES, INC. We'll Take Care Of It" March 19, 2019 FIs_ Trish Rhay Director of Public Works City of San Bernardino 600 N Arrowhead Avenue San Bernardino, CA 92401 Re: Performance Bond Dear Ms. Rhay: CITY OF tbk'l , C Pr -rt 2019 MAR 29 AM 8: 28' Attached please find the Continuation Certificate for Performance Bond# 0139122 in the amount of $2,000,000.00 for Burrtec Waste Industries, Inc. The term is for April 1, 2019 through March 31, 2020. Please let me know if you have any questions. Sincerely, r f Iia Siu Administrative Assistant Attachment 9890 Cherry Avenue • Fontana, California 92335 • 909-429-4200 • FAX 909-429-4290       Packet Pg. 890 CONTINUATION CERTIFICATE In consideration of the premium charged, BERKLEY INSURANCE COMPANY hereby continues in force Bond Number 0139122 in the amount of TWO MILLION AND 00/100'S ($2,000,000.00) dollars on behalf of BURRTEC WASTE INDUSTRIES, INC., as Principal, in favor of CITY OF SAN BERNARDINO, for the period beginning APRIL 1ST, 2019 and ending MARCH 31ST, 2020. Subject to all the terms and conditions of said bond. This Continuation Certificate is executed upon the express condition that the Undersigned company's liability under said bond, shall not exceed in the aggregate the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof. Signed and Sealed March 8th. 2019 date) BERKLEY INSURANCE COMPANY urety Company) ilnes E. Hurst, Jr., (Attorney -in -Fad)       Packet Pg. 891 CALiFOFINIA ALL -I LMPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r 3 x:'rrr+.r.,•;rya....,.t.w-,Garrrrcet'.tv rt,„'ej43tx'.rrr c^.,ret<^.!GtSs'2c'.6X`L'="r'"r .r.fi.,f5¢i;t S'.L'P.;i 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 Orange on March 8th, 2019 before me, Date personally appeared Deborah Priest -McGinn Hen: Insert Name and Title of the Officer James E. Hurst, Jr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameN is/* subscribed to the within instrument and acknowledged to me that he/sPfe/tf>y executed the same in hist&/their authorized capacity(A), and that by hi&gXr/tIXir signature(iKon the instrument the person(K or the entity upon behalf of which the person(¢ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph DEBORAH PRIEST MCGINN is true and correct. Commission rlt 2119868 z WITNESS a -d Notary Public - California z mY hand and official sea/l]. Z Orange Countyt My Comm. Ex ices Aug14, 2019 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description. of Attached Document Title or Type of Document: Document Date. Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Stgner(s) Signer's Name: Corporate Officer — Title(s): O Partner — Limited General O Individual O Attorney in Fact Trustee Guardian or Conservator rT Other: Signer Is Representing: Signer's Name: U Corporate Officer — Title(s): Partner — O Limited FI General Individual Attorney in Fact Trustee Guardian or Conservator I Other: _ Signer Is Representing: f:4QYG''St7.4`CGCG(.`;:!1'.:i:S:.'!'..r;.%G C.'5)(G S4''Ct)SiL iX`S%4'+CJ1(.Y 2014 National Notary Association • www.NationaiNotary.org • 1 -800 -LIS NOTARY (1-800-876-6827) kem #5907       Packet Pg. 892 No. BI -572c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constitutedCd and appointed, and does by these presents make, constitute and appoint: Matthew F. Schafnitz; James E Hurst, Jr.; or Victoria 5 Al Ried[ of Acrisure of California, LLC dba Brakke-Schafnitz Insurance Brokers, LLC of Laguna Niguel, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Cd Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o > resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: 0 RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive cOfficer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute w 0 bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal y of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and 3revoke any power of attorney previously granted; and further p.. RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and d further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any u - power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or y other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as iu 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. y IN WITNESS WHEREOF, the Comp y has caused these presents to be si ed and attested by its appropriate officers and its 0 o co poratc seal hereunto affixed thi!77y of Z. Y Att% 1M Berkle Insurance Compan x (Seal) BY f By F" T, . e an Jef e $er Executive Vice President & Secretary en o i elent 0 WARNING; THIS POWER INVALID IF NOT PRINTED ON BLUE `• BERKLEY"- SECURITY PAPER. STATE OF CONNECTICUT) ss: o COUNTY OF-FAIRFIELD. ) o -0Sworn to before me, a Notary Public in the State of Connecticut, AWAa, day ofILI - , by Ira S. Lederman Y and lefrmy- M. Rafter who are sworn to me fo be the Executive 'Vice Pre 'de t and Secretary, n the :Senior Vice President, respectively, of Berkley Insurance Compart glARIA G. RUNDBAKEN / NOTARY PUBUC - - ' `° dMY C6mmiSS10N EXPIRES otary Public, State afConnecticut' o APRIL30, 2019 CERT117ICATE Z o I the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CER'T'IFY that the foregoing is a true, correct fand complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or rescinded and that the authority of the Q>Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as 0 of this date. ` Given under my hand and seal of the Company, this v day of 4 uSeal) Vincent P. Forte       Packet Pg. 893       Packet Pg. 894       Packet Pg. 895       Packet Pg. 896       Packet Pg. 897       Packet Pg. 898       Packet Pg. 899       Packet Pg. 900       Packet Pg. 901       Packet Pg. 902       Packet Pg. 903       Packet Pg. 904 Packet Pg. 905 Packet Pg. 906