HomeMy WebLinkAbout10-18-2023 MCC 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, OCTOBER 18, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA, 92410 •
WWW.SBCITY.ORG
MAYOR TRAN WILL BE PARTICIPATING REMOTELY FROM WALDORF ASTORIA,
1100 PENNSYLVANIA AVENUE NW, BUSINESS CENTER, WASHINGTON, DC 20004.
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
A.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d
i.(1):Juanita Martinez v. Home Depot, et al., San Bernardino Superior Court
Case No. CIVSB1936862
B.PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section
54957)
City Manager
C.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)):
One Item
D.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
Property: 300 North E Street Parcel Map 688, Parcel 12 Book 25 Page
47 Parcel Map 688 Parcel No. 12 formally known as City PTN
Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement
p.13
Mayor and City Council of the City of San Bernardino Page 3
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
PRESENTATIONS
1.Assemblymember James Ramos (DSan Bernardino) Check Presentation: $5 Million to
the City of San Bernardino to Develop a New 12.5 Acre Park, Community Garden,
Emergency Shelter, and/or a Permanent Supportive Housing Facility for Homeless
Individuals (Ward 1)
2.Inland Empire 66ers Annual Report & Update
3.October 2023 Citizen of the Month – Pastor Martin Martinez, Cornerstone
Assemblies of God – 3rd Ward
4.October 2023 Citizen of the Month – Bertha Parra – 3rd Ward
5.Proclamation for Breast Cancer Awareness Month in the City of San Bernardino
October 2023 (All Wards)
6.City of San Bernardino Youth Civic Engagement Council Members
7.City Cleanup Efforts Update Presentation
CONSENT CALENDAR
8.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 AugustSeptember 2023.
9.Investment Portfolio Report for June 2023 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
accept and file the Monthly Investment Portfolio Report for June 2023.
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Mayor and City Council of the City of San Bernardino Page 4
10.Strategic Initiatives – Approving Job Classifications and Amending the Salary
Schedule
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2023157:
1. Establishing the Park Ranger Supervisor classification;
2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4.Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6.Establishing the Veterinary Assistant classification;
7.Amending the salary for Deputy Director of Parks, Recreations and Community Services
(U);
8.Amending the salary for Police Personnel & Training Technician;
9.Retitling the Agency Directors classifications; and
10.Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal
positions.
11.Execution of a fiveyear agreement between the County of San Bernardino and the
City of San Bernardino for Police Department access to the County Radio
Communication System (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Berardino, California,
adopt Resolution No. 2023158 authorizing the City Manager to
1.Execute a fiveyear agreement between the City of San Bernardino and the County of
San Bernardino, for Police Department access to the County’s digital radio
communication system, and
2. Authorize the Director of Administrative Services to issue an annual purchase order to
the County of San Bernardino for radio services, not to exceed $2,343,228 over the
duration of the agreement.
12.Construction Contract Award – Genevieve and Ralston Lighting Circuit Upgrades
(Ward 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Approve the award of a construction contract with Elecnor Belco
Electric, Inc., in the amount of $2,045,193 for the construction of
Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and
2.Authorize the project construction, construction contingencies and
engineering and inspections costs in the total amount of $600,000 for
construction for Genevieve and Ralston Lighting Circuit Upgrades
(‘Project”); and
3.Authorize the Agency Director of Administrative Services to issue a
purchase order in an amount not to exceed $2,645,193.
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Mayor and City Council of the City of San Bernardino Page 5
13.Agreement with Econolite for the Purchase of Traffic Signal Cabinets (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,California:
1.Authorize the City Manager to execute a Goods Purchase Agreement withEconolite Control Products, Inc., for the purchase of traffic signal cabinets andrelated components; and
2.Authorize the Director of Administrative Services to issue a purchase order inthe amount of $100,000; and
3.Authorize the City Manager or designee to extend the Goods PurchaseAgreement with Econolite Control Products, Inc., for up to four additional one year terms for an amount not to exceed $100,000 annually.
14.Agreement with JTB Supply Co, Inc. for the Purchase of Traffic Intersection Signal
Supplies (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,California:
1.Authorize the City Manager to execute a Goods Purchase Agreement with JTBSupply Co., Inc., for the purchase of traffic signal supplies and relatedcomponents; and
2.Authorize the Director of Administrative Services to issue a purchase order inthe amount of $200,000; and
3.Authorize the City Manager or designee to extend the Goods PurchaseAgreement with JTB Supply Co., Inc., for up to four additional oneyear terms foran amount not to exceed $200,000 annually.
15.Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company
(Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
approve the extension of Amendment No. 1 Professional Services Agreement with
Infrastructure Engineers, A Bowman Company, until October 18, 2024, for construction
management and inspections services for the creation and installation of Advanced
Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline
Street, Mount Vernon Avenue, and Highland Avenue.
DISCUSSION
16.Employment Agreement for the Position of City Manager
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the Mayor to execute an employment agreement for the position of City Manager
with Charles A. Montoya to commence on October 30, 2023.
17.San Bernardino Regional Housing Trust Letter of Intent
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1.Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting a
Letter of Intent to the San Bernardino Council of Governments.
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Mayor and City Council of the City of San Bernardino Page 6
18. Introduction of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
introduce, read by title, and waive further reading of Ordinance No. MC1622: adopting a
new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard
maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San
Bernardino municipal code.
19.Amendment No. 1 to Memorandum of Understanding for Temporary License
between the City of San Bernardino and the San Bernardino City Unified School
District, and Southern California Gas Company; and Approve a Task Order for
Design Services for the Cross Street Bridge Emergency Replacement (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for the
Temporary License between the City of San Bernardino and the San Bernardino
City Unified School District and Southern California Gas Company (“SoCal Gas”)
for use of property on Fairfax Elementary School; and
2.Authorize the Agency Director of Administrative Services to approve a task order
for design services to the City’s oncall consultant, IMEG Consultants Corp., in the
amount of $190,190 for the Cross Street Bridge Emergency Replacement project.
20.Approving Amendment No. 2 to Cooperative Agreement No. 191002205 with the San
Bernardino County Transportation Authority (SBCTA) for the Interstate
215/University Parkway Interchange Project (SS04019) (Wards 5,6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement
No. 191002205 with the San Bernardino County Transportation Authority (SBCTA) for
the Interstate 215/University Parkway Interchange Project (SS04019); and
2.Adopt Resolution No. 2023159 authorizing the Director of Administrative Services to
amend the Interstate 215/University Parkway Interchange Project budget in the
amount of $864,908 through the General Fund Balance.
21.Professional Services Agreement with Redwood Private Security, LP, for Citywide
Armed and Unarmed Security Guard Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Authorize the City Manager or designee, to execute a Professional Services
Agreement with Redwood Private Security, LP, for citywide armed and unarmed
security guard services; and
2.Authorize the Director of Administrative Services to issue a purchase order to
Redwood Private Security, LP, in the amount of $1,912,076.
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Mayor and City Council of the City of San Bernardino Page 7
PUBLIC HEARING
22. Pathways to Removing Obstacles to Housing (PRO Housing) Grant Application
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways to
Removing Obstacles to Housing (PRO Housing) grant application to the
Department of Housing and Urban Development (HUD); and
2.Authorize the City Manager, or designee, to take necessary steps to effectuate the
submittal of the proposed Pathways to Removing Obstacles to Housing (PRO
Housing) grant application, and related documents, to the Department of Housing and
Urban Development (HUD).
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
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 November 01,
2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the
agenda for the October 18, 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, October 13, 2023.
I declare under the penalty of perjury that the foregoing is true and correct.
p. 744
Mayor and City Council of the City of San Bernardino Page 8
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, 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 9
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 10
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view
the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?
channel=6
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)
Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email
publiccomments@sbcity.org. Please indicate whether you are speaking on an item on the
agenda (identify the item number) or providing a general comment.
Please use identifying information when submitting your request to speak such as a name or last
four digits of your phone number so that staff can call on you.
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.
For the Regular Meeting please log on no later than 15 minutes after the meeting start time.
Mayor and City Council of the City of San Bernardino Page 11
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
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. 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:
https://sbcityorg.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09
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 whether you are speaking remotely or in person you
have an opportunity to speak until the Public Hearing has been closed.
This page is intentionally left blank.
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Sonia Carvalho, City Attorney
Department:City Attorney's Office
Subject:CLOSED SESSION
Recommendation:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d (1):
i.Juanita Martinez v. Home Depot, et al., San Bernardino Superior Court
Case No. CIVSB1936862
B. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section
54957)
City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
Property: 300 North E Street
Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel
Map 688 Parcel No. 12 formally known as City PTN
Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Assemblymember James Ramos (D-San Bernardino)
Check Presentation: $5 Million to the City of San
Bernardino to Develop a New 12.5 Acre Park,
Community Garden, Emergency Shelter, and/or a
Permanent Supportive Housing Facility for Homeless
Individuals (Ward 1)
Packet Pg. 14
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles McNeely, Interim City Manager
Mary E. Lanier, Interim Director of Community, Housing, and
Economic Development
Department:Community, Housing, & Economic Development (CED)
Subject:Inland Empire 66ers Annual Report & Update
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2023 SEASON IN REVIEW
●About The Team
●Stadium & Fan Experience Improvements
●Attendance & Team Performance
●Community Involvement
●2024 & Beyond
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ABOUT THE 66ERS
●Major League Baseball has a Minor League System
●The Inland Empire 66ers of San Bernardino are theLow-A Affiliate of the Los Angeles Angels
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ABOUT THE 66ERS
●Often the “First Stop” in the journey for aplayer to earn their way to the Majors!
●The 66ers play in San Manuel Stadium(4k seats + standing room for another 1.5k-2k fans)
●Stadium owned by the residents of the City of San Bernardino
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STADIUM UPGRADES
$2 MILLION IN 2023
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CLUB HOUSES
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CLUB HOUSES
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INSTRUCTIONAL FACILITY
INDOORBATTING CAGES!
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ATTENDANCE
●2023: 143,247 (over 2,100 per night!)
●2022: 141,792
●2021: 90,587 (partial Covid year)
The 66ers finished 68-61 & made it to the CA League Playoffs!
In 2022 the 66ers were 2nd in total attendance in the CA League. 2023 total numbers by all teams are still pending release.
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COMMUNITY INVOLVEMENT
●Hit The Books:50 San Bernardino schools participate, where students are rewarded for reading with free 66ers tickets.
●66ers Foundation:partner with local businesses to provide funding for underprivileged youth in the IE to play baseball/softball
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COMMUNITY INVOLVEMENT
●Back To School:partnered with Miracles & Dreams Foundation with 100 backpacks filled with supplies & given away to kids
●Back To School Drive:received donations of backpacks & school supplies to help youth in the community
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ALL ABOUT KIDS & FAMILIES
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2024 AND BEYOND
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Juan Figueroa, Council Member, 3rd Ward
Department:Council Office
Subject:October 2023 Citizen of the Month – Pastor Martin
Martinez, Cornerstone Assemblies of God – 3rd Ward
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City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
PASTORPASTOR MARTINMARTIN MARTINEZMARTINEZ
CORNERSTONECORNERSTONE ASSEMBLIESASSEMBLIES OFOF GODGOD
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the
community and for the civic pride demonstrated by numerous
deeds for the benefit of the citizens of San Bernardino
Presented this 18th day of October 2023
Packet Pg. 30
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Juan Figueroa, Council Member, 3rd Ward
Department:Council Office
Subject:October 2023 Citizen of the Month – Bertha
Parra – 3rd Ward
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City of San Bernardino
FROM THE
MAYOR AND CITY COUNCIL HONORING
BERTHABERTHA PARRAPARRA
OCTOBEROCTOBER 20232023
CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the
community and for the civic pride demonstrated by numerous
deeds for the benefit of the citizens of San Bernardino
Presented this 18th day of October 2023
Packet Pg. 32
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation for Breast Cancer Awareness Month in
the City of San Bernardino - October 2023 (All
Wards)
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PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
PROCLAIMING OCTOBER 2023, AS
BREAST CANCER AWARENESS MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, October is National Breast Cancer Awareness Month, which is an annual
campaign to increase awareness of the disease and drive action; and,
WHEREAS, about every two minutes one case of breast cancer is diagnosed in the
United States; and,
WHEREAS, in California, more than 32,000 new cases of breast cancer will be
diagnosed in 2023 and more than 4,680 people will die of the disease; and,
WHEREAS, the journey for many individuals is quite different. It is estimated that more
than 168,000 Americans are living with metastatic breast cancer in the U.S.; and,
WHEREAS, metastatic breast cancer is a devastating stage of breast cancer that
occurs when cancer spreads beyond the breast to other parts of the body, including the
bones, lungs, liver and brain; and,
WHEREAS, although metastatic breast cancer cannot be cured today, it can be treated,
in which treatment focuses on extending life and maintaining quality of life; and,
WHEREAS, the mortality rate is about 40 percent higher in Black women than in white
women; and,
WHEREAS, breast cancer is the most common cancer and the leading cause of cancer
death in Hispanic and Latina women; and,
WHEREAS, the more than 4 million breast cancer survivors in the U.S., those living with
the disease and the people who love them can attest to the urgent need for access to
timely, affordable health care – including screening, diagnosis and treatment – and
robust funding for cancer research; and,
WHEREAS, by joining together as a community, we can work towards a future where
breast cancer is no longer a life-threatening disease, and all individuals have access to
the necessary care and support.
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of
San Bernardino, do hereby designate October 2023 as Breast Cancer Awareness Month. We
encourage all residents to join in promoting awareness, education, and early detection
of breast cancer, and to support efforts to find a cure.
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely
Department:City Manager's Office
Subject:City of San Bernardino Youth Civic Engagement
Council Members
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PRESENTATION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely; Ernesto Salinas, Acting Director of Public
Works
Department:Public Works
Subject:City Clean-up Efforts Update Presentation
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City Clean-up Efforts Update
Ernesto
Salinas
Acting Director of Public
Works
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City Clean-up Efforts
Update
2
•Current Strategy/New Teams
•Recognition
•Upcoming Efforts
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Current
Strategy
3
Wed Control
Illegal Dump
Roving Crews
In-House
Clean-Up Team
Weed
Abatement Illegal Dump
Roving Teams
Three-Tiered Strategy
Requests reportable to us by
Call Center and Go-App
Daily City-wide field visits
and street patrols
Known dumping areas
frequently visited
We encourage residents
reporting dumping and weeds
to us via Call Center!
Graffiti
Team
Ø Rob’s Weed Control
Ø Parks Maintenance
Weed Spraying
Ø Downtown Team
Ø Beautification Team
Ø In-House Roving Crew
Ø CEO Works Roving Crew
Ø New STRIKE team!
Stats to Date
(completed requests)
Illegal Dumps
5,765
Weed Abatement
694
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4
Recent In-House Beautification Efforts
Recent Projects
ü Arrowhead Pocket Park
ü Inland Center Walking Path
ü Arrowhead Look-Out Point
ü Muscupiabe Zen Sitting Area
ü Perris Hill Zen Sitting Area
ü Nunez Soccer Field Bleachers
ü Redlands Blvd
ü Valley College (Mt. Vernon)
ü Wildwood Dog Park
ü …and many others.
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City Clean-Up Efforts
Update
5
Zen Sitting Space at Muscupiabe Greenbelt Arrowhead Pocket Park
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City Clean-Up Efforts
Update
6
Walking Path
Inland Center
Drive / I Street
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City Clean-Up Efforts
Update
7
Arrowhead Look-Out Point Nunez Park Ruben C. Campos
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City Clean-Up Efforts
Update
8
Redlands Blvd Valley College Median Ruben C. Campos Wildwood Median
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City Clean-Up Efforts
Update
9
Gutierrez Ballfields Perris Hill Park Sitting Space
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The Beautification
Team
10
Robbie Carlton,
Lead MW
Daniel Villa, MWI
Brian Klein, MWI
Jared Nielson, MWI
Estimated Project Savings:
$1.1 million as a result of
their in-house work.
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Roving
Teams
11
Before After
New STRIKE Team!
Ø Assigned for quick
response to urgent requests
and areas prone to blight
Ø Inland Community Outreach Center
(San Bernardino Owned and Operated)
Ø Surveys major roads and arterials daily!
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Roving
Teams
12
CEO Works Roving Crews
Ø Assigned major arterials for
collection of illegal dumps and
debris
Ø Assist with city lots as needed
Ø Assist with homeless encampment
clean ups
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Roving
Teams
13
In-House Staff
Ø Service-request based
Ø City lot clean ups
Ø Neighborhood clean ups
Ø Arterials
Ø Alleys
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Weed
Abatement
14
Ø In-House Staff preventative
maintenance and spraying
Ø On-demand contractor for
weed abatement and specialized
services, such as working in ravines
and hard-to-reach areas
ROBs WEED CONTROL
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Collaborative Clean Up
Efforts
15
Graffiti Abatement and Homeless Clean Ups
Integral part of all our routine clean up efforts
Graffiti team removes graffiti in 24 hours or less
and supplements clean-ups as needed.
Homeless encampment clean up team utilizes
all components mentioned today to assist in their
efforts (mobilize all crews for larger efforts)
Volunteer Group Support
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Freeway and Ramp Clean Up
Efforts
16
Working with Cal Trans
City staff recently met with Cal Trans to discuss
areas adjacent to freeways and ramps that had
not been maintained, posed a fire hazard due to
dead brush, or housed encampments.
As a result, a formal communications channel
between the City and Cal Trans has been
established and there have been noticeable
improvements in the upkeep and maintenance
of San Bernardino’s Freeways, especially on the
210 Freeway.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. 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 August-September
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 August 31, 2023 $2,972,781.82
Bi-Weekly for September 14, 2023 $3,644,878.26
Bi-Weekly for September 28, 2023 $6,940,703.41
Monthly for September 15, 2023 $26,950.00
Total Payroll D emands: $13,585,313.49
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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 there is no further
budgetary impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for August-September 2023.
Attachments
Attachment 1 Payroll Summary Report for August-September 2023
Attachment 2 Commercial checks & Payroll Register #7
Attachment 3 Commercial checks & Payroll Register #8
Attachment 4 Commercial checks & Payroll Register #9
Attachment 5 Commercial checks & Payroll Register #10
Attachment 6 Commercial checks & Payroll Register #11
Attachment 7 Commercial checks & Payroll Register #12
The following check registers are being presented for approval:
August 15, 2023 2023/24 (Regi ster #7)$41,730.00
August 16, 2023 2023/24 (Regi ster #8)$8,346.00
August 16, 2023 2023/24 (Regi ster #9)$24,000.00
August 17, 2023 2023/24 (Regi ster #10)$1,102,218.82
August 17, 2023 2023/24 (Regi ster #11)$11,125.00
August 24, 2023 2023/24 (Regi ster #12)$1,394,846.48
August 24, 2023 2023/24 (Regi ster #13)$2,000.00
August 30, 2023 2023/24 (Regi ster #14)$739,671.35
September 7, 2023 2023/24 (Regi ster #15)$2,481,023.09
September 14, 2023 2023/24 (Regi ster #16)$1,798,614.65
September 21, 2023 2023/24 (Regi ster #17)$6,273,553.95
September 28, 2023 2023/24 (Regi ster #18)$992,854.57
Total commercial check demands:$14,869,983.91
The following Electroni c Funds Transfer (EFT) regi sters presented for approval:
July 5 to July 26, 2023 2023/24 (Regi ster #1512-1524)$35,431,747.82
August 8 to August 29, 2023 2023/24 (Regi ster #1525-1537)$3,783,176.10
Total commercial EFT demands:$39,214,923.92
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Attachment 8 Commercial checks & Payroll Register #13
Attachment 9 Commercial checks & Payroll Register #14
Attachment 10 Commercial checks & Payroll Register #15
Attachment 11 Commercial checks & Payroll Register #16
Attachment 12 Commercial checks & Payroll Register #17
Attachment 13 Commercial checks & Payroll Register #18
Attachment 14 Commercial EFT Registers #1512-1524
Attachment 15 Commercial EFT Registers #1525-1537
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager
Barbara Whitehorn, Agency Director of Administrative Services
Department:Finance
Subject:Investment Portfolio Report for June 2023 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for June 2023.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the
City’s investment portfolio for the month ended June 30, 2023.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash
flow from a combination of liquid and maturing securities, bank deposits, and income
to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for June 2023.
Attachments
Attachment 1 Investment Portfolio Management Summary Report
June 2023
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager
Suzie H. Soren, Director of Human Resources
Department:Human Resources
Subject:Strategic Initiatives – Approving Job Classifications
and Amending the Salary Schedule
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2023-157:
1. Establishing the Park Ranger Supervisor classification;
2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4. Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6. Establishing the Veterinary Assistant classification;
7. Amending the salary for Deputy Director of Parks, Recreations and Community
Services (U);
8. Amending the salary for Police Personnel & Training Technician;
9. Retitling the Agency Director classifications; and
10. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Executive Summary
These actions are the continuation of the strategic initiatives established at the May
2023 Mayor and City Council three-day workshop retreat (“Retreat”). Follow-up
meetings included further discussion and direction, resulting in the establishment of
new positions and classifications as outlined above and described in detail below.
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Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023,
where goals and priorities for the City of San Bernardino were defined. At the Retreat,
economic development opportunities and city staffing priorities, among other topics,
were discussed.
On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s
goals and priorities. The Workshop was informational only and allowed staff to present
a series of strategic initiatives and other programs and proposals for the Council’s
future consideration. During the Workshop, the Council expressed concern regarding
the reoccurring costs of the strategic initiatives and the impact that a potential reduction
in consumer spending may have on the City’s ability to fund these ongoing costs.
Additionally, Council inquired about the viability of closing vacant positions and re-
allocating their budgets to fund the strategic initiatives.
On September 12, 2023, staff presented a follow-up to the Workshop addressing the
concerns and provided an analysis of the City’s economic forecast, position control,
and a comparative analysis of other cities. The presentation contained the addition of
several new positions and proposed establishing new position classifications within
several departments. As such, staff will be recommending a total of 10 new position
classifications and updating 4 position classifications. Outlined below are some of
those changes with additional classification updates to be presented in a subsequent
council meeting. Classification and compensation studies were conducted to
determine the salary ranges of the new classifications. Considerations of the City’s
current salary schedule was also contemplated.
Discussion
Quality of Life- Park Ranger Program
The Park Ranger Supervisor will be a classified position in the Middle Management
bargaining unit, responsible for supervising, assigning and participating in the work of
staff performing a variety of specialized Park Ranger duties in support of the City’s
parks and park facilities; this position will be in salary range 480, $5,386-$6,546/month.
The Park Ranger will be a classified position in the General bargaining unit,
responsible for patrolling parks and grounds to promote park safety and to enforce City
rules, codes, and policies; this position will be in salary range 397, $3,563-
$4,331/month.
These classifications will promote a culture of exemplary customer service in the
Parks, Recreation, and Community Services Department to all individuals by
demonstrating a willingness to be attentive, understanding, responsive, fair, courteous,
and respectful in maintaining a positive customer service environment.
One Stop Shop
The Ombudsperson will be a classified position in the Management/Confidential
bargaining unit, responsible for facilitating the processing of new development plans
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for review and permitting and providing dispute resolution related to compliance with
government codes and regulations; this position will be in salary range 518, $6,368-
$7,740/month.
This classification will serve as the primary point of contact between city staff and city
developers and residents while working closely with departments and outside agencies
to maintain efficient and effective progress toward the permitting and public hearing
process.
Legislative Affairs
The Legislative & Governmental Affairs Manager (U) will be an unclassified position in
the Management/Confidential bargaining unit, responsible for planning, organizing,
directing, and implementing the development and implementation of the City's
legislative and governmental affairs program; this position will be in salary range 593,
$9,257-$11,252/month.
This classification will act as a liaison with local, state, and federal legislative bodies,
communicate the City's position on legislative matters, and act as a liaison between
the City and other governmental agencies or public entities on issues of governmental
relations.
Strategic Staffing – Animal Services
The Deputy Director of Animal Services (U) will be an unclassified position in the
Management/Confidential bargaining unit, responsible for assisting the Director of
Animal Services in managing, directing, and integrating the functions, programs, and
activities of the Animal Services Department; this position will be in salary range 619,
$10,538-$12,810/month.
The Veterinary Assistant will be a classified position in the General bargaining unit,
responsible for assisting licensed veterinary staff and other animal care professionals
in providing animal care, treatment, and welfare services to the public; this position will
be in salary range 400, $3,617-$4,396/month.
These positions will play an important role in the operations of animal services
including veterinary care, field enforcement, shelter care, licensing and immunization,
and administrative services.
Strategic Staffing – Parks, Recreation and Community Services
The Deputy Director of Parks, Recreations and Community Services (U) is an
established classification within the City‘s Salary Schedule. However, it is currently
range 612 as the position has not been utilized for some time. Staff recommends
placing the classification at range 629, $11,078-$13,465/month.
This position will play a critical role in making recommendations relative to the
operation, maintenance, construction, and protection of public parks, parkways,
buildings, and grounds.
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Other Considerations - Police Personnel & Training Technician
A salary survey was conducted at the request of the Police Department for the Police
Personnel and Training Technician classification. The study included local agencies
with comparable classifications. It was determined that the Police Personnel & Training
Technician salary is significantly below the average market salary. Staff recommend
raising the salary from Range 430, $4,201–$5,058/month, to Range 461, $4,792–
$5,825/month. By doing so, this classification will reflect a more competitive range,
and will assist the City in attracting qualified candidates and retaining those currently
employed.
Agency Director Titles
The Agency Director titles will be changed as follows (see Attachment 3):
Agency Director of Public Works, Operations and Maintenance
New Title – Director of Public Works, Operations and Maintenance
Agency Director of Community, Housing and Economic Development
New Title – Director of Community, Housing and Economic Development
Agency Director of Administrative Services
New Title – Director of Finance and Management Services
As changes are made to salaries or classifications, the City is required to adopt a
revised salary schedule in a public meeting. The attached salary schedule meets the
California Public Employees Retirement System’s (CalPERS) pay rate reporting
requirements in accordance with Government Code Section 20636 defining
“Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
2021-2025 Strategic Targets and Goals
Establishing the proposed classification and amending the salary schedule aligns with
Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling
the City to improve service delivery and function more efficiently.
Fiscal Impact
There will be sufficient salary savings within the Police Department to cover the cost
associated with the increase of the Personnel & Training Technician’s salary. There is
no other impact to the General Fund as costs were previously approved by the Mayor
and City Council on September 12, 2023 and formally adopted and the budget
amended on October 4, 2023.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2023-157:
1. Establishing the Park Ranger Supervisor classification;
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2. Establishing the Park Ranger classification;
3. Establishing the Ombudsperson classification;
4. Establishing the Legislative & Governmental Affairs Manager (U) classification;
5. Establishing the Deputy Director of Animal Services (U) classification;
6. Establishing the Veterinary Assistant classification;
7. Amending the salary for Deputy Director of Parks, Recreations and Community
Services (U);
8. Amending the salary for Police Personnel & Training Technician;
9. Retitling the Agency Directors classifications; and
10. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Attachments
Attachment 1 Resolution 2023-157
Attachment 2 Resolution 2023-157; Exhibit A – City-wide Salary Schedule
Attachment 3 Slide 56, Re-Title Agency Directors, Strategic Initiatives
Presentation to Council, 6-30-2023
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023 Mayor and City Council adopted Resolution No. 2023-147
amending the City-wide salary schedule for full-time, part-
time, temporary, and seasonal positions.
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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RESOLUTION NO. 2023-157
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.
ESTABLISHING THE PARK RANGER SUPERVISOR
CLASSIFICATION; 2. ESTABLISHING THE PARK
RANGER CLASSIFICATION; 3. ESTABLISHING THE
OMBUDSPERSON CLASSIFICATION; 4. ESTABLISHING
THE LEGISLATIVE & GOVERNMENT AFFAIRS
CLASSIFICATION; 5. ESTABLISHING THE DEPUTY
DIRECTOR OF ANIMAL SERVICES (U)
CLASSIFICATION; 6. ESTABLISHING THE VETERINARY
ASSISTANT CLASSIFICATION; 7. AMENDING THE
SALARY OF DEPUTY DIRECTOR OF PARKS,
RECREATION AND COMMUNITY SERVICES (U); 8.
AMENDING THE SALARY OF POLICE PERSONNEL &
TRAINING TECHNICIAN; 9. RETITLING THE AGENCY
DIRECTOR CLASSIFICATIONS; AND 10. AMENDING
THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME,
PART-TIME, TEMPORARY, AND SEASONAL
WHEREAS, The Mayor and City Council held a Retreat Workshop (“Retreat”) May 11,
2023 through May 13, 2023, where they defined their goals and priorities for the City of San
Bernardino.
WHEREAS, On June 30, 2023, a Special Workshop (“Workshop”) was held to address
the Council’s goals and priorities.
WHEREAS, On September 12, 2023, staff presented a follow-up to the June 30 Workshop
providing an analysis of the City’s economic forecast, position control, and a comparative analysis
of other cities.
WHEREAS, The presentation contained the addition of several new positions and
established new position classifications within several departments.
WHEREAS, A salary survey was conducted at the request of the Police Department for
the Police Personnel and Training Technician classification. The study included local agencies
with comparable classifications. It was determined that the Police Personnel & Training
Technician salary was significantly below the average market salary.
WHEREAS, the salary schedule includes all adopted and approved classification and
salaries; and
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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WHEREAS, the salary schedule meets the California Public Employees Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The classification of Park Ranger Supervisor, range 480, $5,386-
$6,546/month, is hereby established and approved.
SECTION 3. The classification of Park Ranger, range 397, $3,563-$4,331/month, is
hereby established and approved.
SECTION 4. The classification of Ombudsperson, range 518, $6,368-$7,740/month, is
hereby established and approved.
SECTION 5. The classification of Legislative & Governmental Affairs Manager (U),
range 593, $9,257-$11,252/month, is hereby established and approved.
SECTION 6. The classification of Deputy Director of Animal Services (U), range 619,
$10,538-$12,810/month, is hereby established and approved.
SECTION 7. The classification of Veterinary Assistant, range 400, $3,617-$4,396/month,
is hereby established and approved.
SECTION 8. The compensation of Deputy Director of Parks, Recreation and Community
Services (U), range 629, $11,078-$13,465/month, is hereby approved.
SECTION 9. The compensation of Police Personnel & Training Technician, range 461,
$4,792-$5,825/month, is hereby approved.
SECTION 10. The Agency Director of Public Works, Operations and Maintenance
classification retitled to Director of Public Works, Operations and Maintenance, is hereby
approved.
SECTION 11. The Agency Director of Community, Housing and Economic
Development classification retitled to Director of Community, Housing and Economic
Development, is hereby approved.
SECTION 12. The Agency Director of Administrative Services classification retitled to
Director of Finance and Management Services, is hereby approved.
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Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
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SECTION 13. The city-wide salary schedule incorporated herein as Exhibit A, is hereby
approved.
SECTION 14. 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 15. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 16. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 18th day of October 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 211
Resolution No. 2023-157
Resolution 2023-157
October 18, 2023
Page 4 of 4
3
5
3
2
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. 2023-157, adopted at a regular meeting held on the 18th day of October 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. 212
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30011 ACCOUNTANT I (FLEX)465 $5,001.98 $6,080.40 MONTHLY GENERAL
30012 ACCOUNTANT II 485 $5,527.33 $6,718.81 MONTHLY GENERAL
10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 $6,566.40 MONTHLY CONFIDENTIAL
20013 ACCOUNTANT III 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT
10860 ACCOUNTING DIVISION MANAGER (U)608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT
30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,599.92 $4,374.65 MONTHLY GENERAL
30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 $4,833.51 MONTHLY GENERAL
30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 $5,287.93 MONTHLY GENERAL
30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL
10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL
10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,716.48 $4,516.97 MONTHLY CONFIDENTIAL
10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL
10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 $4,747.69 MONTHLY CONFIDENTIAL
20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 $6,678.72 MONTHLY MIDDLE MANAGEMENT
10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,931.44 $8,425.18 MONTHLY MANAGEMENT
30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,821.59 $4,645.09 MONTHLY GENERAL
30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 $4,956.53 MONTHLY GENERAL
30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 $3,786.12 MONTHLY GENERAL
20320 ANIMAL SERVICES MANAGER 526 $6,775.07 $8,235.73 MONTHLY MIDDLE MANAGEMENT
30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 $3,786.12 MONTHLY GENERAL
20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT
30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL
00300 APPRENTICE (PT)381 $2,969.00 $3,608.00 MONTHLY NA
20620 AQUATICS SUPERVISOR 468 $5,073.00 $6,167.11 MONTHLY MIDDLE MANAGEMENT
30400 ARBORIST 452 $4,688.31 $5,699.13 MONTHLY GENERAL
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 $7,239.73 MONTHLY GENERAL
10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 $10,704.25 MONTHLY MANAGEMENT
30271 ASSISTANT BUYER 430 $4,201.75 $5,106.16 MONTHLY GENERAL
50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 $23,765.30 MONTHLY POLICE MANAGEMENT
10644 ASSISTANT CITY MANAGER (U)705 $16,184.19 $19,669.95 MONTHLY EXECUTIVE
PENDING ASSISTANT LITERACY PROGRAM COORDINATOR 385 $3,029.00 $3,681.00 MONTHLY GENERAL
30168 ASSISTANT PLANNER (FLEX)486 $5,555.04 $6,752.06 MONTHLY GENERAL
10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT
10104 ASSISTANT TO THE MAYOR I (U)430 $4,106.44 $4,990.33 MONTHLY MANAGEMENT
10105 ASSISTANT TO THE MAYOR II (U)480 $5,268.72 $6,403.92 MONTHLY MANAGEMENT
10106 ASSISTANT TO THE MAYOR III (U)530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT
10107 ASSISTANT TO THE MAYOR IV (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT
20169 ASSOCIATE PLANNER 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT
00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 $6,308.00 MONTHLY NA
10060 BUDGET DIVISION MANAGER (U)608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT
10062 BUDGET OFFICER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT
City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
EXHIBIT A
Packet Pg. 213
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT
30072 BUILDING INSPECTOR I (FLEX)460 $4,878.95 $5,930.77 MONTHLY GENERAL
30073 BUILDING INSPECTOR II 487 $5,582.75 $6,785.31 MONTHLY GENERAL
30074 BUILDING INSPECTOR III 511 $6,292.09 $7,648.71 MONTHLY GENERAL
10500 BUILDING OFFICIAL (U)613 $10,228.72 $12,431.96 MONTHLY MANAGEMENT
30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 $5,900.85 MONTHLY GENERAL
20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 $8,401.84 MONTHLY MIDDLE MANAGEMENT
30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 $4,833.51 MONTHLY GENERAL
30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 $5,080.67 MONTHLY GENERAL
20271 BUYER 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT
10870 CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT
30292 CEMETERY CARETAKER 395 $3,527.87 $4,288.20 MONTHLY GENERAL
10398 CHIEF DEPUTY CITY CLERK (U)565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT
50280 CHIEF OF POLICE NA $28,565.57 $28,565.57 MONTHLY EXECUTIVE
10399 CITY CLERK (U)636 $10,590.00 $12,873.00 MONTHLY NA
00601 CITY COUNCIL NA $3,125.00 $3,125.00 MONTHLY NA
10370 CITY MANAGER (U)NA $23,750.00 $23,750.00 MONTHLY MANAGEMENT
10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,591.59 $12,873.91 MONTHLY MANAGEMENT
10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,970.23 $9,688.20 MONTHLY MANAGEMENT
30450 CODE ENFORCEMENT OFFICER I (FLEX)441 $4,437.83 $5,394.33 MONTHLY GENERAL
30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 $6,296.53 MONTHLY GENERAL
10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 $6,468.91 MONTHLY CONFIDENTIAL
30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL
30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL
30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL
10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT
30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 $6,234.46 MONTHLY GENERAL
20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 $9,564.61 MONTHLY MIDDLE MANAGEMENT
30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 $4,141.90 MONTHLY GENERAL
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 $6,813.83 MONTHLY MIDDLE MANAGEMENT
20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 $5,867.00 MONTHLY MIDDLE MANAGEMENT
30758 COMMUNITY SERVICES OFFICER 427 $4,138.57 $5,030.79 MONTHLY GENERAL
20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT
30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL
20424 CONSTRUCTION MANAGER 585 $9,093.96 $11,052.95 MONTHLY MIDDLE MANAGEMENT
10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL
30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL
30603 CRIME ANALYST 493 $5,752.33 $6,991.46 MONTHLY GENERAL
00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 $3,282.00 MONTHLY NA
20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT
30602 CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 $6,991.46 MONTHLY GENERAL
00054 CUSTODIAL AIDE (PT)361 $2,687.00 $3,266.00 MONTHLY NA
20616 CUSTODIAL SUPERVISOR 477 $5,306.66 $6,449.49 MONTHLY MIDDLE MANAGEMENT
30621 CUSTODIAN 368 $3,083.43 $3,748.43 MONTHLY GENERAL
30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 $4,100.89 MONTHLY GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Pg. 214
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,545.61 $4,310.37 MONTHLY GENERAL
30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,545.61 $4,310.37 MONTHLY GENERAL
30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,373.81 $4,100.89 MONTHLY GENERAL
30100 DATA ANALYST 444 $4,505.44 $5,476.35 MONTHLY GENERAL
10650 DEPUTY CITY CLERK I (U)490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL
10654 DEPUTY CITY CLERK II (U)530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT
10372 DEPUTY CITY MANAGER (U)681 $14,357.90 $17,452.63 MONTHLY MANAGEMENT
PENDING DEPUTY DIRECTOR OF ANIMAL SERVICES (U)619 $10,538.52 $12,810.00 MONTHLY MANAGEMENT
10066 DEPUTY DIRECTOR OF FINANCE (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10830 DEPUTY DIRECTOR OF OPERATIONS (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)678 $14,144.51 $17,192.66 MONTHLY MANAGEMENT
10802 DEPUTY DIRECTOR/CITY PLANNER (U)662 $13,060.22 $15,874.39 MONTHLY MANAGEMENT
10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,462.01 $10,286.13 MONTHLY MANAGEMENT
40466 DETECTIVE/CORPORAL P2 $8,746.90 $11,471.16 MONTHLY POLICE SAFETY
10685 DIRECTOR OF ANIMAL SERVICES (U)630 $11,133.20 $13,532.50 MONTHLY EXECUTIVE
09520 DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE
PENDING DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE
09665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE
10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE
10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $13,060.22 $15,874.39 MONTHLY EXECUTIVE
09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE
20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT
10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT
10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT
10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 $9,544.13 MONTHLY MANAGEMENT
10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL
30831 ELECTRICIAN I (FLEX)445 $4,527.60 $5,502.95 MONTHLY GENERAL
30841 ELECTRICIAN II 465 $5,001.98 $6,080.40 MONTHLY GENERAL
10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT
30432 ENGINEERING ASSISTANT I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL
30434 ENGINEERING ASSISTANT II 475 $5,258.00 $6,391.85 MONTHLY GENERAL
30436 ENGINEERING ASSISTANT III 511 $6,292.09 $7,648.71 MONTHLY GENERAL
20441 ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT
10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT
30445 ENGINEERING TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL
10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT
30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 $6,050.47 MONTHLY GENERAL
20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT
20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 $9,329.84 MONTHLY MIDDLE MANAGEMENT
20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 $8,113.91 MONTHLY MIDDLE MANAGEMENT
30921 EQUIPMENT MECHANIC I (FLEX)431 $4,221.70 $5,131.65 MONTHLY GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Pg. 215
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30902 EQUIPMENT MECHANIC II 450 $4,641.76 $5,642.60 MONTHLY GENERAL
30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 $4,576.37 MONTHLY GENERAL
30707 EXECUTIVE ASSISTANT 430 $4,201.75 $5,106.16 MONTHLY GENERAL
10707 EXECUTIVE ASSISTANT (U)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL
10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL
10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL
10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL
10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT
00083 EXTRA RELIEF HEAVY LABORER (PT)361 $2,687.00 $3,266.00 MONTHLY NA
10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT
30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 $4,857.89 MONTHLY GENERAL
20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT
10512 FINANCIAL ANALYST 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT
30506 FLEET PARTS STOREKEEPER 398 $3,581.07 $4,353.59 MONTHLY GENERAL
30944 FLEET PARTS TECHNICIAN 438 $4,372.43 $5,314.53 MONTHLY GENERAL
00259 FOOD SERVICE PROGRAM SPECIALIST (PT)361 $2,687.00 $3,266.00 MONTHLY NA
20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT
30165 FORENSICS SPECIALIST I (FLEX)448 $4,596.32 $5,586.08 MONTHLY GENERAL
30166 FORENSICS SPECIALIST II 478 $5,337.81 $6,488.27 MONTHLY GENERAL
20160 FORENSICS SUPERVISOR 543 $7,375.28 $8,964.40 MONTHLY MIDDLE MANAGEMENT
20490 FORESTRY SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT
10624 GIS ADMINISTRATOR 580 $8,676.49 $10,546.10 MONTHLY CONFIDENTIAL
10623 GIS ANALYST 483 $5,347.79 $6,500.32 MONTHLY CONFIDENTIAL
10730 GRANT DIVISION MANAGER (U)601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT
10778 GRANT WRITER 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL
30133 GRANTS ANALYST 476 $5,284.61 $6,423.99 MONTHLY GENERAL
30136 GRANTS ASSISTANT 390 $3,441.42 $4,182.91 MONTHLY GENERAL
20100 GRANTS MANAGER (U)506 $6,132.78 $7,453.90 MONTHLY MIDDLE MANAGEMENT
30098 GROUNDWORKER ARBORIST 392 $3,475.78 $4,225.02 MONTHLY GENERAL
30516 HAZMAT TECHNICIAN 452 $4,688.31 $5,699.13 MONTHLY GENERAL
10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT
10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY MANAGEMENT
10129 HOUSING DIVISION MANAGER (U)601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT
10657 HUMAN RESOURCES ANALYST 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL
10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL
10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL
10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL
10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT
10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL
30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 $4,810.23 MONTHLY GENERAL
30101 HVAC MECHANIC 460 $4,878.95 $5,930.77 MONTHLY GENERAL
10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)498 $5,763.74 $7,006.18 MONTHLY CONFIDENTIAL
10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 $7,818.59 MONTHLY CONFIDENTIAL
10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 $11,593.56 MONTHLY MANAGEMENT
10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Pg. 216
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL
30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,573.05 $5,558.37 MONTHLY GENERAL
30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 $6,141.36 MONTHLY GENERAL
00308 LAW ENFORCEMENT TRAINEE NA $34.77 $34.77 HOURLY NA
30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 $5,287.93 MONTHLY GENERAL
30080 LEAD BUILDING INSPECTOR 526 $6,780.88 $8,242.79 MONTHLY GENERAL
30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 $7,168.80 MONTHLY GENERAL
30311 LEAD CUSTODIAN 397 $3,563.34 $4,331.43 MONTHLY GENERAL
30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 $6,234.46 MONTHLY GENERAL
20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 $7,834.85 MONTHLY MIDDLE MANAGEMENT
30490 LEAD MAINTENANCE WORKER 452 $4,688.31 $5,699.13 MONTHLY GENERAL
30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 $6,265.49 MONTHLY GENERAL
10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,734.50 $6,970.44 MONTHLY CONFIDENTIAL
PENDING LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT
30335 LIBRARIAN I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL
30366 LIBRARIAN II 479 $5,364.41 $6,520.41 MONTHLY GENERAL
30341 LIBRARY ASSISTANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL
20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT
10401 LIBRARY DIRECTOR (U)635 $11,414.83 $13,873.71 MONTHLY MANAGEMENT
20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 $6,951.14 MONTHLY MIDDLE MANAGEMENT
30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 $4,906.66 MONTHLY GENERAL
00361 LIBRARY PAGE (PT)361 $2,687.00 $3,266.00 MONTHLY NA
20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 $5,637.77 MONTHLY MIDDLE MANAGEMENT
30391 LIBRARY TECHNICIAN I (FLEX)380 $3,274.06 $3,980.08 MONTHLY GENERAL
30392 LIBRARY TECHNICIAN II 402 $3,653.12 $4,441.15 MONTHLY GENERAL
00133 LIFEGUARD (PT)370 $2,810.00 $3,416.00 MONTHLY NA
30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 $6,234.46 MONTHLY GENERAL
20484 MAINTENANCE SUPERVISOR 522 $6,642.18 $8,072.94 MONTHLY MIDDLE MANAGEMENT
30486 MAINTENANCE WORKER I (FLEX)393 $3,493.51 $4,246.08 MONTHLY GENERAL
30487 MAINTENANCE WORKER II 415 $3,898.06 $4,738.19 MONTHLY GENERAL
30488 MAINTENANCE WORKER III 425 $4,097.56 $4,980.92 MONTHLY GENERAL
10530 MANAGEMENT ANALYST I (FLEX)476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT
10531 MANAGEMENT ANALYST I (FLEX)(U)476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT
10532 MANAGEMENT ANALYST II 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT
10533 MANAGEMENT ANALYST II (U)506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT
10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL
30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 $5,960.70 MONTHLY GENERAL
00502 MAYOR NA $4,166.67 $4,166.67 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U)580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT
10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,891.16 $9,591.80 MONTHLY MANAGEMENT
10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 $9,834.43 MONTHLY CONFIDENTIAL
30425 NPDES INSPECTOR I (FLEX)461 $4,903.33 $5,960.70 MONTHLY GENERAL
30426 NPDES INSPECTOR II 485 $5,527.33 $6,718.81 MONTHLY GENERAL
20555 NPDES MANAGER 525 $6,741.85 $8,194.75 MONTHLY MIDDLE MANAGEMENT
PENDING OMBUDSPERSON 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Pg. 217
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT
PENDING PARK RANGER 397 $3,563.34 $4,331.43 MONTHLY GENERAL
PENDING PARK RANGER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT
30581 PARKING ENFORCEMENT OFFICER 380 $3,274.06 $3,980.08 MONTHLY GENERAL
20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 $8,571.27 MONTHLY MIDDLE MANAGEMENT
30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,441.42 $4,182.91 MONTHLY GENERAL
30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 $4,882.27 MONTHLY GENERAL
10064 PAYROLL SUPERVISOR 521 $6,464.58 $7,857.58 MONTHLY MANAGEMENT
10068 PAYROLL TECHNICIAN 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL
20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT
30691 PLANNING AIDE 456 $4,782.52 $5,813.29 MONTHLY GENERAL
10713 PLANNING DIVISION MANAGER (U)594 $9,303.66 $11,308.68 MONTHLY MANAGEMENT
30680 PLANS EXAMINER I (FLEX)499 $5,927.45 $7,204.26 MONTHLY GENERAL
30682 PLANS EXAMINER II 534 $7,056.85 $8,578.62 MONTHLY GENERAL
30481 PLUMBER 450 $4,641.76 $5,642.60 MONTHLY GENERAL
00192 POLICE CADET (PT)NA $15.50 $17.00 HOURLY NA
00520 POLICE CALL TAKER (PT)396 $19.85 $24.14 HOURLY NA
50283 POLICE CAPTAIN P5 $19,412.09 $19,412.09 MONTHLY POLICE MANAGEMENT
20775 POLICE DISPATCH MANAGER 528 $6,843.73 $8,318.78 MONTHLY MIDDLE MANAGEMENT
20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 $7,162.66 MONTHLY MIDDLE MANAGEMENT
32767 POLICE DISPATCHER I (FLEX)425 $4,146.40 $5,040.29 MONTHLY POLICE DISPATCHER
32768 POLICE DISPATCHER II 456 $4,839.53 $5,882.58 MONTHLY POLICE DISPATCHER
30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 $4,353.59 MONTHLY GENERAL
50402 POLICE LIEUTENANT P4 $16,494.29 $16,494.29 MONTHLY POLICE MANAGEMENT
40751 POLICE OFFICER P1 $7,532.62 $10,059.74 MONTHLY POLICE SAFETY
30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 461 $4,903.33 $5,960.70 MONTHLY GENERAL
20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 $6,045.29 MONTHLY MIDDLE MANAGEMENT
30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $3,098.94 $3,767.28 MONTHLY GENERAL
30220 POLICE RECORDS TECHNICIAN II 390 $3,441.42 $4,182.91 MONTHLY GENERAL
40332 POLICE SERGEANT P3 $9,898.35 $12,962.73 MONTHLY POLICE SAFETY
30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 $4,882.27 MONTHLY GENERAL
00331 POOL MANAGER I (PT)421 $3,624.00 $4,405.00 MONTHLY NA
00333 POOL MANAGER II (PT)443 $4,044.00 $4,916.00 MONTHLY NA
20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 $9,283.33 MONTHLY MIDDLE MANAGEMENT
10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT
10243 PRINCIPAL PLANNER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT
20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT
00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 $3,967.00 MONTHLY NA
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT
10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT
20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT
30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,821.59 $4,645.09 MONTHLY GENERAL
30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 $6,296.53 MONTHLY GENERAL
10212 PUBLIC INFORMATION OFFICER (U)593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT
30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $5,284.61 $6,423.99 MONTHLY GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
Packet Pg. 218
ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 $7,204.26 MONTHLY GENERAL
30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 $8,366.92 MONTHLY GENERAL
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 $7,438.38 MONTHLY MANAGEMENT
10863 PURCHASING DIVISION MANAGER (U)598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT
30770 RANGEMASTER 465 $5,001.98 $6,080.40 MONTHLY GENERAL
10440 REAL PROPERTY MANAGER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT
10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,768.28 $5,796.24 MONTHLY CONFIDENTIAL
00222 RECREATION AIDE (PT)361 $2,687.00 $3,266.00 MONTHLY NA
00244 RECREATION LEADER (PT)368 $2,782.00 $3,382.00 MONTHLY NA
00230 RECREATION SPECIALIST (PT)393 $3,152.00 $3,831.00 MONTHLY NA
00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 $5,942.00 MONTHLY NA
30825 RECREATION THERAPIST 468 $5,077.34 $6,172.39 MONTHLY GENERAL
30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 $5,642.60 MONTHLY GENERAL
10690 RISK DIVISION MANAGER (U)590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT
10538 SAFETY OFFICER 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL
00266 SECURITY OFFICER I (PT)371 $2,824.00 $3,433.00 MONTHLY NA
00265 SECURITY OFFICER II (PT)395 $3,183.00 $3,869.00 MONTHLY NA
30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL
30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 $4,182.91 MONTHLY GENERAL
30410 SENIOR ARBORIST 502 $6,016.12 $7,312.88 MONTHLY GENERAL
10154 SENIOR CIVIL ENGINEER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT
30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 $5,235.84 MONTHLY GENERAL
30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,527.60 $5,502.95 MONTHLY GENERAL
30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,527.60 $5,502.95 MONTHLY GENERAL
10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $4,209.34 $5,117.07 MONTHLY CONFIDENTIAL
10632 SENIOR GIS ANALYST 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL
10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 $5,825.49 MONTHLY CONFIDENTIAL
10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 $9,217.01 MONTHLY CONFIDENTIAL
10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 $6,664.97 MONTHLY CONFIDENTIAL
00283 SENIOR LIFEGUARD (PT)396 $3,199.00 $3,889.00 MONTHLY NA
10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT
10514 SENIOR MANAGEMENT ANALYST (U)556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT
10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 $11,196.02 MONTHLY CONFIDENTIAL
30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 $3,881.44 MONTHLY GENERAL
10223 SENIOR OFFICE ASSISTANT (U)375 $3,120.72 $3,793.39 MONTHLY CONFIDENTIAL
20243 SENIOR PLANNER 549 $7,598.97 $9,236.82 MONTHLY MIDDLE MANAGEMENT
00294 SENIOR RECREATION LEADER (PT)375 $2,881.00 $3,502.00 MONTHLY NA
10300 SHELTER VETERINARIAN 644 $11,938.02 $14,511.72 MONTHLY MANAGEMENT
30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 $5,642.60 MONTHLY GENERAL
20995 STATION MANAGER 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT
00019 STUDENT INTERN (PT)361 $2,687.00 $3,266.00 MONTHLY NA
10689 SUPERVISING HUMAN RESOURCES ANALYST 559 $7,813.17 $9,496.47 MONTHLY CONFIDENTIAL
20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT
10443 TRAFFIC ENGINEER 573 $8,378.60 $10,184.31 MONTHLY MANAGEMENT
20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
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ADOPTED 10/18/23
EFFECTIVE 10/19/23
CLASS
CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM
STEP NEW TOP STEP TOP HOURLY/
MONTHLY UNIT
20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 $9,376.35 MONTHLY MIDDLE MANAGEMENT
20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 $8,528.08 MONTHLY MIDDLE MANAGEMENT
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,641.76 $5,642.60 MONTHLY GENERAL
30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 $6,684.45 MONTHLY GENERAL
30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 $7,725.19 MONTHLY GENERAL
30667 TREASURY ASSISTANT 399 $3,599.92 $4,374.65 MONTHLY GENERAL
10740 TREASURY MANAGER 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT
20666 TREASURY SUPERVISOR 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT
PENDING VETERINARY ASSISTANT 400 $3,617.65 $4,414.22 MONTHLY GENERAL
30620 VOLUNTEER COORDINATOR 358 $2,933.80 $3,565.56 MONTHLY GENERAL
30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY GENERAL
REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws,
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
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CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6 Following Third Fourth Fifth & Sub-
JOB Months 18 Months Year Year sequent Yrs
TITLE Service Service Service Service Service
Monthly Pay Rates Effective July 1, 2023:
Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
P-1
Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16
P-2
Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73
P-3
Lieutenant -- -- -- -- $16,494.29
P-4
Captain -- -- -- -- $19,412.09
P-5
Assistant Chief -- -- -- -- $23,765.30
P-6
Packet Pg. 221
Agency Directors
Re-title Agency Directors:
Agency Director of Community, Housing and Economic Development
• Director of Economic Development
• Director of Community Development & Housing
Agency Director of Public Works, Operations and Maintenance
• Director of Public Works, Operations and Maintenance
Agency Director of Administrative Services
• Director of Finance and Management Services
•No longer directing Administrative Services (HR and IT)
Proposed Changes – City Structure
56
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager
Darren Goodman, Chief of Police
Department:Police
Subject:Execution of a five-year agreement between the
County of San Bernardino and the City of San
Bernardino for Police Department access to the
County Radio Communication System (All Wards)
Recommendation:
It is recommended that the Mayor and city Council of the City of San Berardino,
California, adopt Resolution No. 2023-158 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County
of San Bernardino, for Police Department access to the County’s digital radio
communication system, and
2. Authorize the Director of Administrative Services to issue an annual purchase
order to the County of San Bernardino for radio services, not to exceed $2,343,228
over the duration of the agreement.
Executive Summary
The Police Department is seeking to enter into a new five-year agreement for access
to the San Bernardino County digital radio system to support daily law enforcement
operations. There is no existing alternative radio system available to the Police
Department for use, necessitating a continuing contractual relationship with San
Bernardino County to provide radio services.
Radio services are an operational cost that is included each year within the Police
Department’s annual budget, and this year’s costs have already been provided for in
the FY2023/24 Adopted Budget. The new contract will cost $439,884 for the first year
and the expense falls within the existing budget allocation for radio-related expenses.
Background
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Public safety agencies, including the San Bernardino Police Department, are heavily
reliant on radio communications for their day-to-day operations. The County of San
Bernardino operates a digital radio communication system that covers the entirety of
San Bernardino County.
The radio system provided by the County is encrypted and serves as the primary radio
communications service for the major public safety agencies within the County of San
Bernardino. This system allows subscribers to have consistent communication both
within their own agencies and with other subscribers to the radio system, particularly
during incidents involving multi-agency responses.
The San Bernardino Police Department became a subscriber to the County’s digital
radio system in 2017 after the Department’s independently operated radio
communications platform became obsolete and could no longer be maintained. Since
that time, San Bernardino County has provided radio communication services to the
San Bernardino Police Department. Radio services are an ongoing operating expense
for the Police Department and are provided for each year as part of the Police
Department’s budget.
Discussion
The San Bernardino County Innovation and Technology Division coordinates contract
agreements for subscription services to the County’s digital radio communications
system. The previous agreement, signed in 2017, between the County and the City of
San Bernardino has expired, requiring the establishment of a new agreement for radio
services. The agreement with the County offers access to the County’s established
backbone system of repeaters and equipment that are necessary for the proper
operation of dispatch and field equipment such as dispatch consoles, vehicle-mounted
radios, handheld radios, and mobile data access modems. Although the County owns
the backbone equipment, the Police Department purchases and owns the dispatch
consoles and field equipment that function through access to the backbone system.
Additional services covered by the agreement include replacement, maintenance, and
access for dispatch consoles, pager access, radio access and maintenance, radio
labor services, and radio mobile data access.
The costs for radio services provided by the County are based on hourly rates for labor-
related activities and monthly access rates for devices connected to the radio network.
The table below lists the rates by hour or month for connection services and/or labor
for 2023.
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TABLE A: 2023 COSTS
Service Cost
Dispatch Console Access, Maintenance,
and Replacement
$693.48 per console/month
Pager Access $16.22 per pager/month
Radio Access and Maintenance $53.58 per radio/month
Radio Labor Services $88.97 per hour
Radio Mobile Data Access $103.58 per modem/month
Based on the current active radios, dispatch consoles, and pagers, the cost for Police
Department radio services for the first year of the agreement is expected to be $36,657
monthly and $439,884 for the year. Future costs for radio services are contingent upon
active radios, dispatch consoles, and pagers for the Police Department in the system.
Considering historical cost increases for radio services and anticipating modest staff
growth within the Police Department during the duration of the agreement, staff has
projected future costs related to the agreement.
TABLE B: COSTS BY YEAR
Year Year 2 Year 3 Year 4 Year 5 Total Cost
$439,884 $454,464 $468,492 $482,928 $497,460 $2,343,228
In addition to radio communications, the agreement with the County also includes the
coverage of Wide Area Network (WAN) services. WAN connectivity allows the Police
Department to connect to the County’s telecommunications network for the purpose of
accessing computer information systems managed by the County that are necessary
for Police Department operations and authorized for use by the County. WAN services
will include set up, network access, and monitoring for cyber threats or system
intrusions.
The services included within the agreement are necessary components of successful
Police Department operations. Since there is no alternative radio system available for
use by the Police Department, staff is recommending entering into a new five-year
agreement with the County of San Bernardino to provide digital radio system and WAN
access.
2021-2025 Strategic Targets and Goals
The request to enter into a new agreement with San Bernardino County for radio
services aligns with Goal No. 3. Improved Quality of Life; Constantly evaluate public
safety service delivery models to enhance the quality of service.
Fiscal Impact
There is no fiscal impact to the FY2023/24 Adopted Budget. The current Adopted
Budget allocated $440,000 for Police Department radio services, and projected
expenditures for radio services under the new contract fall within the existing budget
amount to $439,884.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Berardino,
California, adopt Resolution No. 2023-158 authorizing the City Manager to
1. Execute a five-year agreement between the City of San Bernardino and the County
of San Bernardino, for Police Department access to the County’s digital radio
communication system, and
2.Authorize the Director of Administrative Services to issue an annual purchase
order to the County of San Bernardino for radio services, not to exceed $2,343,228
over the duration of the agreement.
Attachments
Attachment 1 Resolution No. 2023-158
Attachment 2 Information Technology Service Contract
Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2017 Mayor and City Council adopted Resolution No. 2017-198,
authorizing an agreement with San Bernardino County for
radio system access.
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Resolution No. 2023-158
Resolution 2023-158
October 18, 2023
Page 1 of 3
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RESOLUTION NO. 2023-158
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERNARDINO
FOR POLICE DEPARTMENT ACCESS TO THE COUNTY’S
DIGITAL RADIO COMMUNICATION SYSTEM, AND
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO ISSUE AN ANNUAL
PURCHASE ORDER TO THE COUNTY OF SAN
BERNARDINO FOR RADIO SERVICES, NOT TO EXCEED
$2,343,228 OVER THE DURATION OF THE AGREEMENT.
WHEREAS, the City of San Bernardino Police Department requires radio communication
capabilities for operations; and
WHEREAS, the County of San Bernardino has provided access to the County’s digital
radio system to the City of San Bernardino through a five-year contractual agreement that became
effective in 2017; and
WHEREAS, the previous agreement has expired, requiring the establishment of a new
agreement between the City of San Bernardino and County of San Bernardino for Police
Department access to the County’s digital radio system.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is authorized to execute a five-year agreement with the
County of San Bernardino for Police Department access to the County’s digital radio system.
SECTION 3. The Agency Director of Administrative Services is authorized to issue a
purchase order to the County of San Bernardino
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
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Resolution No. 2023-158
Resolution 2023-158
October 18, 2023
Page 2 of 3
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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 18th day of Ocotber 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-158
Resolution 2023-158
October 18, 2023
Page 3 of 3
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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. 2023-158, adopted at a regular meeting held on the 18th day of October 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
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Standard Contract Page 1 of 15
CITY THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Innovation and Technology Department
Department Contract Representative Staci McClane
Telephone Number 909-388-0622
Customer City of San Bernardino Police
Department (6000-00ES/6000-
00FB)
Customer Representative Captain Adam Affrunti
Telephone Number 909-384-5690
Contract Term 5/1/2023 – 4/30/2028
Original Contract Amount Based on Actual Usage
Amendment Amount N/A
Total Contract Amount Based on Actual Usage
Cost Center Varies
INFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT
This CONTRACT is entered into in the State of California by and between San Bernardino County, hereinafter
called, “County”, and City of San Bernardino Police Department, hereinafter called “Customer”.
NameCity of San Bernardino Police Department
Address
710 North D Street
San Bernardino, CA 92401
Telephone(909) 384 - 5690 Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Contract Number
ITD-23015
SAP Number
N/A
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A. CONTRACTED SERVICES (Select all that apply):
General ITD Services (Attachment A)
Defined as all services contained in Attachment A “ITD Rate Sheet – External Customers” with
exception to Public Safety Communication Services.
Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B “ITD Rate Sheet – External
Customers”.
Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C “Wide Area Network Services”. County and Customer agree that the existing
Contract (County No. ISD-19026) executed between the parties and effective from August 1, 2019,
for a period of five (5) years is terminated effective upon execution of this Contract.
B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter,
“Services,” to Customer by the County Innovation and Technology Department, hereinafter, “ITD”.
Customer understands that County may elect to have other vendors provide similar professional services
under other contracts.
All Services available under this Contract are listed in full in the Attachments and are detailed by Service
name, Service description, rate, and charge measurement as applicable and as identified in the
Attachments.
Services are initiated at Customer’s request, subject to ITD’s acceptance, and consist of the following
types of charges, as further set forth in the Attachments:
B.1 Per item; one-time charge as requested.
B.2 Per month; per unit charge ongoing until Customer submits a request to cancel.
B.3 Per hour; per work order, project, or quote.
C. CUSTOMER RESPONSIBILITIES
Customer will:
C.1 Determine the Services needed, including any adjustments to ongoing Services.
C.2 Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk
by calling: 909-884-4884 or isdhelpdesk@isd.sbcounty.gov (email for non-urgent requests only).
C.3 Promptly inform County, in writing, of any pending changes in programs/funding applicable to
Services provided herein.
D. COUNTY RESPONSIBILITIES
County will:
D.1 Provide the Services requested by Customer, subject to ITD’s approval, and in accordance with
established work schedules and County Board of Supervisor (Board) approved service rates in
effect at the time Service is provided.
D.2 Perform the Services in a workmanlike manner, but County assumes no liability for failure to
provide or delay in providing Services under this Contract.
D.3 Furnish the necessary equipment and personnel to perform the Services, but County assumes
no liability for equipment failure or adverse consequences cause by such failed equipment.
E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of
the Contract, shall be valid only when reduced to writing, executed and attached to the original
Contract and approved by the person(s) authorized to do so on behalf of Customer and County.
E.2 Contract Assignability
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Without the prior written consent of the County, the Contract is not assignable by Customer either
in whole or in part.
E.3 Permits
Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by
any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
E.4 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its
own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not
apply to those costs and attorney fees directly arising from a third-party legal action against a
party hereto and payable under Indemnification and Insurance Requirements.
E.5 Change of Address
Customer shall notify the County, in writing, of any change in mailing address within ten (10)
business days of the change.
E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
E.7 Confidentiality
To the extent applicable, if Customer is a business that collects the personal information of a
consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the
provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).
For purposes of this provision, “business,” “consumer,” and “personal information” shall have the
same meanings as set forth at Civil Code section 1798.140. Customer must contact the County
immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that
requires any action on the part of the County, including but not limited to, providing a list of
disclosures or deleting personal information. Customer must not sell, market or otherwise disclose
personal information of a consumer provided by the County unless specifically authorized
pursuant to terms of this Contract. Customer must immediately provide to the County any notice
provided by a consumer to Customer pursuant to Civil Code section 1798.150(b) alleging a
violation of the CCPA, that involves personal information received or maintained pursuant to this
Contract. Customer must immediately notify the County if it receives a notice of violation from the
California Attorney General pursuant to Civil Code section 1798.155(b).
Customer shall hold as confidential and use reasonable care to prevent unauthorized access by,
storage, disclosure, publication, dissemination to and/or use by third parties of, confidential
information that is either: (1) provided by the County to Customer or an agent of Customer or
otherwise made available to Customer or Customer’s agent in connection with this Contract; or, (2)
information and/or data acquired, obtained, or learned by Customer or an agent of Customer
regarding this Contract.
For the purposes of this provision and consistent with California Civil Code Section 1798.29, PII, is
any information that can be used to distinguish or trace an individual’s identity, for example, any
combination of name, social security number, date and place of birth, mother’s maiden name, or
biometric records; and any other information that is linked or linkable to an individual, such as
medical, educational, financial, and employment information.
E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.
Customer shall not change the primary contact without prior written notice to the County.
Customer will also designate a back-up point of contact in the event the primary contact is not
available.
E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly
authorized representative of the Customer and has the full power and authority to enter into this
Contract on the Customer’s behalf.
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E.10 County Representative
The County Chief Information Officer or his/her designee shall represent the County in all matters
pertaining to the Services to be rendered under this Contract, including termination and
assignment of this Contract, and shall be the final authority in all matters pertaining to the
Services/Scope of Work by County.
E.11 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of the respective parties,
provided no such assignment is made in violation of the provisions of this Contract.
E.12 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Contract are specifically
made severable. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full effect.
E.13 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable
manner consistent with the standards of “good faith” and “fair dealing”.
E.14 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or
employment arrangement between the parties hereto, nor shall either party have the right, power
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party
hereto.
E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the
performance of the Contract or Customer’s relationship with County may be made or used without
prior written approval of the County, as applicable.
E.16 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by
the other party, or the failure by a party to exercise its rights upon the default of the other party,
shall not constitute a waiver of such party’s right to insist and demand strict compliance by the
other party with the terms of this Contract thereafter.
E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way
concerning the Services provided under this Contract is served upon Customer or County, such party
agrees to notify the other party in the most expeditious fashion possible following receipt of such
subpoena or other legal process. Customer and County further agree to cooperate with the other
party in any lawful effort by such other party to contest the legal validity of such subpoena or other
legal process commenced by a third party as may be reasonably required and at the expense of the
party to whom the legal process is directed.
E.18 Termination for Convenience
The County and the Customer each reserve the right to terminate the Contract, for any reason, with
a thirty (30) day written notice of termination. Such termination may include all or part of the Services
provided hereunder. Upon such termination, payment will be made to the County for Services
rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt
of termination notice County shall promptly discontinue Services unless the notice directs otherwise.
E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other
contractors for the same or similar services. The Customer does not guarantee or represent that
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the County will be permitted to perform any minimum amount of work, or receive compensation
other than on a per order basis, under the terms of this Contract.
E.20 Information Dispute Resolution
In the event the Customer determines that Service in unsatisfactory, or in the event of any other
dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof,
the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith, and recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
E.21 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue of any action
or claim brought by any party to this Contract will be the Superior Court of California, San
Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the
court which would allow them to request or demand a change of venue. If any action or claim
concerning this Contract is brought by any third party and filed in another venue, the parties hereto
agree to use their best efforts to obtain a change of venue to the Superior Court of California, San
Bernardino County, and San Bernardino District.
F. TERM OF CONTRACT
This Contract is effective as of May 1, 2023 (Effective Date) and remains in effect for a period of five (5)
years, unless terminated earlier in accordance with provisions of this Contract.
G. TERMINATION OR SUSPENSION OF SERVICES
G.1 Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of
the Services for breach of any of the conditions identified below. The County will provide Customer
a written notice of breach and allow the Customer 30 days to correct the condition giving rise to
such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County
may immediately terminate the Services with no further notice required.
G.1.1 Customer shall comply with all applicable laws, statutes, ordinances, administrative orders,
rules or regulations relating to its duties, obligations and performance under the terms of the
Contract. Customer shall ensure that it has all necessary licenses and permits required by
the laws of the United States, State of California, County, and all other appropriate
governmental agencies, and agrees to maintain these licenses and permits in effect for the
duration of the Agreement. Customer shall notify County immediately of loss or suspension
of any such required licenses and permits.
G.1.2 Customer represents and warrants to County that (i) the information Customer provides in
connection with registration for the Services is accurate and complete; (ii) Customer’s use
of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on
race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer’s use of
the Services complies with all applicable laws, rules and regulations; (iv) Customer has
obtained all consents and licenses required to legally access and use the System; (v) the
execution and delivery of this Agreement will not conflict with, or violate any provision of,
Customer’s charter, by-laws or other governing documents; and (vi) Customer has
otherwise taken all necessary steps to legally execute this Agreement.
G.1.3 Customer agrees to abide by all existing and future security practices, policies and
protocols established by the County, which the County has established to ensure the
integrity of the System. Customer understands that the County closely monitors the
System and may perform periodic security audits to provide insight into any potential
abnormalities that may impact ensuring confidentiality, integrity, and availability.
G.1.4 Customer agrees to implement measures that are reasonable for Customer’s use of the
System to prevent interference with the operation of the System. NEITHER COUNTY
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NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO,
MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM
OR CUSTOMER’S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY
COUNTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO
THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
G.2 Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate
all or part of the Services for any of the conditions identified below. The County will promptly
provide Customer a written notice of termination or suspension of Services to Customer.
G.2.1 County discovers that Customer provided false registration information, or that Customer
lacked the capacity to enter into this Agreement at the time of its consummation;
G.2.2 County determines, in its sole discretion, that Customer’s use of the Services poses a
threat or an adverse effect to the security, privacy, or performance of the System or to any
of County’s other users or suppliers;
G.2.3 County determines, in its sole discretion, that Customer’s use of the Services is illegal;
G.2.4 County reasonably believes that Customer’s use of the Services has or will subject County
to civil or criminal liability;
G.2.5 Customer fails to make any payment when due; or
G.2.6 Customer breaches any of the other material terms and conditions in this Agreement.
H. FISCAL PROVISIONS
H.1 There is no minimum or maximum amount of payment under this Contract.
H.2 Services are charged equitably to all customers in accordance with State Controller's Handbook
of Cost Plan Procedures for California Counties.
H.3 Charges will be based on actual usage at the rates effective at the time Services are rendered
(see Attachment A “ITD Rate Sheet – External Customers” and Attachment C “Wide Area Network
Services”, if applicable). Rates are reviewed and subject to change annually based on the cost
to provide services to Customers and are effective July 1st of each year. Rates are also subject
to change throughout the year via a mid-year rate change, if deemed appropriate based on the
cost to provide services to Customers being significantly higher or lower than anticipated during
the annual review. County will not amend this Contract due to rate changes or changes in usage
amounts by Customer. Attachment A includes the list of County service rates effective at the time
this Contract is entered into. County will attempt to provide at least thirty (30) days advance
written notice of any rate change, which will be sent to Customer at the following address:
City of San Bernardino Police Department
ATTN: Contracts Management and Accounts Payable
710 North D Street
San Bernardino, CA 92401
H.4 Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the
preceding month.
H.4.1 For Customers that use the County’s Enterprise Financial Management System:
Monthly charges will be handled by an automated transfer processed by ITD via the
County’s Enterprise Financial Management System. A copy of the billing statement can
be accessed via the ITD Billing System by Customer, provided that Customer has the
necessary permission on the County’s network.
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H.4.2 For Customers that do not use the County’s Enterprise Finance Management System:
County will mail an invoice on a monthly basis starting on the Effective Date of this
Contract, or starting on the installation or implementation date, if applicable. Payment shall
be due sixty (60) days from date of invoice.
Payment can be made by check or electronic funds transfer (EFT). Checks shall be made
payable to San Bernardino County. Customers requesting to make payments to County
via electronic funds transfer (EFT) directly deposited into the County’s designated bank
account shall provide County with instructions to process EFT payments.
Payment address is:
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
I. DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term
or condition of this Contract, County may declare immediately due and payable the entire unpaid amount,
plus all other amounts due hereunder, less any unearned charges.
J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents
and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the
acts, errors or omissions of County in the performance of this Agreement, except where such
indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense
in the defense of any claim, action or proceeding, but such participation shall not relieve County of any
obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or
proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the
County, its agents, officers and employees from any claim, action, or proceeding against County, arising
solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole
discretion, County may participate at its own expense in the defense of any such claim, action or
proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.
County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the
defense. In the event that County and/or Customer are determined to be comparatively at fault for any
claim, action, loss or damage that results from their respective obligations under this Agreement, County
and/or Customer shall indemnify the other to the extent of its comparative fault.
K. INSURANCE
County is an authorized self-insured public entity for purposes of General Liability and warrants that
through its program of self-insurance, it has adequate coverage or resources to protect against liabilities
arising out of the performance of the terms, conditions or obligations of this Agreement.
L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in
the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Innovation and Technology Department
City of San Bernardino Police Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
710 North D Street
San Bernardino, CA 92401
Attn: Administration Services Attn: Captain Affrunti
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as
provided in this paragraph.
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M. FORCE MAJEURE
Except for payment obligations and as otherwise provided herein, when either party has knowledge that
any actual or potential situation is delaying or threatens to delay the timely performance of this Contract,
that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with
respect thereto, to the other party. County shall not be held liable for any delay or failure in performance
of any part of this Contract from any cause beyond its control and without its fault or negligence, such as
acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes,
epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods,
power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances,
unusually severe weather conditions, inability to secure product or services of other persons or
transportation facilities, or acts or omissions of transportation common carriers.
N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and
other documents incorporated herein, represents the final, complete and exclusive agreement between
the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject
matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed
without reliance upon any promise, warranty or representation by any party or any representative of any
party other than those expressly contained herein. Each party has carefully read this Contract and signs
the same of its own free will. This Contract may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute one
and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this
Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on
the party whose name is contained therein. Each party providing an electronic signature agrees to
promptly execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF, San Bernardino County and Customer have each caused this Contract to be
subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO POLICE
DEPARTMENT
(Print or type name of Customer)
By
Chief Information Officer (Authorized signature - sign in blue ink)
Dated:____________________Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address 710 North D. Street
San Bernardino, CA 92401
Approved as to Legal Form
County Counsel
Date
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ATTACHMENT A
ITD RATE SHEET – EXTERNAL CUSTOMERS
2023-24 Approved Rates
Service Service Description
Business Solutions Development
Business Solutions Labor
Services
Hourly labor programming services for the development, enhancement and maintenance of business
solutions on a variety of hardware and software platforms.
Computer Operations
CPU Usage Access to applications and processing of data on the enterprise server.
Network Labor Services Hourly labor services for Local Area Network and Wi-Fi services. Includes labor services to connect a
location to the Wide Area Network (WAN) via the Internet and to connect a site to the County’s WAN.
Customer is responsible for all costs related to circuit installation, ongoing circuit charges, and office
cabling.
Payroll System Services (EMACS)Maintenance, support, and enhancements of the EMACS system and infrastructure.
Virtual Private Network (VPN) Access for a single user to remotely connect to the wide area network.
Geographic Information System
Aerial Imagery Augments and enhances GIS data visualization tools, applications and solutions developed for County
departments and the public.
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access,
Maintenance, and Replacement
Repair, maintenance, programming, and replacement of Motorola radio dispatch console equipment.
Pager Access Access for a single pager to connect to the County's Digital Paging System.
Radio Access and Maintenance Access for a single radio connected to the County's Public Safety Radio frequencies and repair and
maintenance of that radio or radio's accessories, excluding batteries; covers normal wear and tear.
Radio Labor Services Hourly labor services for installation and repair of radio and other related equipment in vehicles, not
including materials; or escort of other government agencies to County communication sites to access
their equipment.
Radio Mobile Data Access Access and maintenance for radio modems in vehicles.
Telephone Services:
Dial Tone Single line telephone services. Includes voicemail, local, long distance, Telephone Service Specialist
consulting services, and software changes.
Telecommunication Labor
Services – Normal Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – Normal
Hours (Monday through Friday, 7:00 am – 5:00 pm, excluding weekends and holidays).
Telecommunication Labor
Services – After Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – After Hours
(Monday through Friday, 5:00 pm – 7:00 am, and all weekends and holidays).
All Funds
Parts and Materials Parts and Materials provided per customer request.
Service 2023-24 Rate Charge Measurement
Business Solutions Development
Business Solutions Labor Services $128.21 Per hour
Computer Operations
CPU Usage $99.63 Per CPU hour
Network Labor Services $96.84 Per hour
Payroll System Services (EMACS)$6.99 Per payroll warrant
Virtual Private Network (VPN) $3.46 Per VPN/month
Geographic Information System
Aerial Imagery Cost Pass Through Per customer
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access, Maintenance, and Replacement $693.48 Per console/month
Pager Access $16.22 Per pager/month
Radio Access and Maintenance $53.58 Per radio/month
Radio Labor Services $88.97 Per hour
Radio Mobile Data Access $103.58 Per modem/month
Telephone Services:
Dial Tone $31.23 Per phone/month
Telecommunication Labor Services – Normal Hours $95.56 Per hour
Telecommunication Labor Services – After Hours $110.52 Per hour
All Funds
Parts and Materials
Actual cost plus 15%
processing and
handling Per order
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ATTACHMENT B
PUBLIC SAFETY COMMUNICATIONS SERVICES
I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following
services as defined in Attachment A, “ITD Rate Sheet – External Customers”, and as further defined within
this Attachment B:
Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access
II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS
The San Bernardino County (County) Public Safety Communications System, hereinafter called “System”,
is composed of two components known as the backbone and field equipment. The Backbone is defined
as a portion of the System that provides the means by which dispatch centers, public safety locations,
mobile radios, and portable radios communicate with each other through voice transmission. It is
composed primarily of fixed relay equipment and associated centralized dispatch and control equipment,
including Radio Mobile Data Access modems owned and maintained by the County. Field Equipment is
defined as that portion of the System that uses the Backbone for communications and consists primarily
of local dispatch equipment, mobile radios, and portable radios.
a) System Purpose and Objective
The primary purpose of the System is to serve the County and accommodate participation by public
safety and local governmental agencies in the County. Secondarily, other governmental and safety
related non-governmental users may be allowed access to the System as conditions warrant and as
provided for by this Contract. During a disaster, public safety users will receive priority in all areas,
based entirely on emergency response responsibilities and access to the System by non-public safety
users may be limited or suspended.
b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the
case of a disaster, public safety users affected by the disaster shall have operational priority over all
other public safety users, with County public safety users afforded the highest priority.
County has the final authority, at all times, to exercise discretionary control over the Backbone, and to
otherwise manage Backbone traffic to ensure the ability of immediate-need public safety agencies to
effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY
NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE
COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.
c) Backbone Modification (Post Backbone Implementation)
(i) The County may determine that Backbone modification is needed from time to time to meet the
changing needs of County and/or users.
(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed
as follows:
(a) If the modification benefits all users, each user will bear the pro rata cost of the modification
based on the user’s derived benefit. Derived benefit shall be determined as a percentage
based on the number of units that are in service by each end user divided by the total units
being serviced by the Backbone infrastructure at the time the modification is made.
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(b) If the modification improves service only for users in a definable local area, all users in such
definable local area, and participating in and receiving direct benefit from the modification, shall
share the costs for its implementation, operation, and maintenance equally.
(c) If the modification only applies to a specific subset of users, the subset of users that caused
the modification shall share the costs of the modification its implementation, operation, and
maintenance equally.
(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire
cost of the modification, its implementation, operation, and maintenance.
(iii) Customer acknowledges and agrees that the County is the sole decision-maker in determining the
allocation of costs for all Backbone modifications.
d) Field Equipment
(i) Customer shall, at Customer’s expense and future financial liability, purchase and maintain its own
Field Equipment.
(ii) Customer shall, at Customer’s expense, expand or modify existing Customer structures, facilities,
or dispatch centers as required to support the installation of Customer’s Field Equipment.
(iii) Customer is solely responsible for ensuring that the Field Equipment is compatible with the
System.
e) Related Non-Governmental Users
(i) At times, Customer’s non-governmental users may have a need to communicate with public
safety/local government services during emergencies, or in their daily support of public safety/local
government services. Where it is not in conflict with Federal Communications Commission (FCC)
Regulations or other laws, and subject to approval by County, Customer’s non-governmental users
may be allowed to have Backbone access. However, Customer’s non-governmental use of the
Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to
channel loading limits, as determined by County.
(ii) County shall be responsible for coordinating Backbone access and implementing terms and
conditions of such use, including one-time and recurring costs to be paid by new users.
(iii) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local
government expand to the point of competition with non-governmental use of the Backbone,
Customer’s non-governmental users may be required by the County to terminate their use of the
Backbone.
(iv) Customer’s non-governmental users will be removed in reverse order of their entry into the
System, i.e., the last user to enter the System will be the first user to be removed unless any other
Customer’s non-governmental user voluntarily relinquishes access.
(v) County will provide Customer ninety (90) days prior written notice of termination of access to allow
Customer’s non-governmental users to remove their equipment or transfer their operations to
another communications system. At the expiration of the notice period, the Customer’s non-
governmental users will be denied access to the System.
f) Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termination of this
Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall
remain with the County.
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III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES
The County Innovation and Technology Department (ITD) offers a number of radio and equipment
maintenance services to public safety and local governmental agencies in the County of San Bernardino, as
well as other governmental and safety-related non-governmental users. Services provided under this
Contract consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable
radio equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch
equipment maintenance, and radio battery replacement.
a) County Responsibilities in Providing Maintenance Services
If providing maintenance services to Customer, ITD:
(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from
service for maintenance reasons;
(ii) Will remove, reinstall, and maintain Customer-owned radios or other covered equipment that has
become defective from normal wear and usage, as solely determined by ITD, and perform repairs
at ITD or elsewhere as determined by ITD;
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment
and Backbone radio equipment, and reasonable response time during normal County work hours
on normal County business days for maintenance of Mobile Data Access Modems, and
mobile/portable radios with afterhours service available at premium rates;
(iv) Reserves the right to subcontract for all or part of services;
(v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by
such failed equipment;
(vi) Assumes no liability for failure to provide or delay in providing services, under this Agreement.
b) County Services Provided on a Time and Materials Basis
(i) Service required due to Customer abuse or abnormal wear;
(ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify
equipment;
(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems;
(iv) Services in addition to those identified above, to the extent feasible and cost-effective, as
determined by ITD;
(v) Program or re-program radios at Customer’s request or in response to abnormal wear and usage,
except for County-originated systems reconfigurations;
(vi) Replacement of accessories and consumable items, including batteries, antennas, and
microphone cords;
(vii)Radio reactivations are processed within 5 business days after the request is received and are
billed for each serial number reactivated at one-half of the Board-approved hourly rate in effect at
the time reactivation is ordered.
c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:
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(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract.
(ii) Designate an individual as the single point of contact for maintenance coordination.
(iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible.
(iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24-hours of relocation
or reassignment.
(v) Have sole responsibility to maintain a current inventory of its Field Equipment using the System
and to approve and validate billing of that inventory. Customer must notify ITD in writing when
any Field Equipment is no longer in use by Customer, including notification of damaged,
lost, or stolen Field Equipment. ITD will continue to bill Customer until notification is
received, and Customer remains responsible for payment of charges for such Field
Equipment. If Customer identifies discrepancies between billing and its inventory, a dispute notice
should be sent by e-mail to isdbilling@isd.sbcounty.gov along with a justification and related
documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable
credit on the next monthly billing cycle.
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ATTACHMENT C
WIDE AREA NETWORK SERVICES
IV. SERVICES UNDER THIS ATTACHMENT
This Attachment C is applicable for Wide Area Network (WAN) services which consist of the following
services as further defined in this Attachment C:
WAN Access
•Includes WAN monitoring and threat detection
WAN Setup
Circuit/s
V. SERVICES TO BE PROVIDED
The County agrees to provide Customer WAN connectivity to the County’s telecommunication network for the
purpose of accessing computer information systems managed by the County as authorized by the data owner
department, including WAN connection, configuration, installation of a router at the Customer location and
overall circuit and router maintenance including monitoring of network communication and cyber threat
detection with a two-hour response time from the County if notified of a problem or incident affecting services.
Specific charges are set forth in this Attachment C.
The connection will be located at:
710 North D. Street
San Bernardino, CA 92401
VI. SERVICE CONDITIONS
a) ITD reserves the right to subcontract for all or part of Services.
b) Authorized applications under this Contract are on file with ITD and are subject to change during the
term of this Contract. ITD and the Customer will work together to ensure the Customer has access to
authorized applications as needed.
c) ITD assumes no liability for failure to provide or delay in providing Services under this Contract.
d) Customer is responsible for the costs of the data circuit. County owns the data circuit. The County
will order the circuit, monitor it, and will work with the vendor providing the circuit to resolve any
problems. The costs for the circuit are included in this Attachment C and will be billed monthly by ITD.
There is no billable data circuit associated with this/these connection(s). The location(s), identified
in Section II above, has/have cabling (i.e., fiber or copper) that can be used for the connectivity
eliminating the need for a data circuit.
e) ITD will provide coordination for data communications problems, including problem isolation and
resolution from the County Central Computer or County’s WAN to the last component of ITD-supplied
equipment. Coordination includes working with all necessary vendors in an effort to restore normal
data communications in a timely manner. Reporting, tracking, and diagnosing of problems related to
Customer supplied equipment and software is the responsibility of the Customer.
f) Customer is responsible for the coordination of the isolation and resolution of all problems involving
hardware and software not supplied by ITD.
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g) ITD will coordinate a pre-installation site survey identifying all necessary pre-installation site
requirements. This service will be limited to the definition of those requirements and the ordering of
the data communications or WAN circuits, modems, and WAN equipment (e.g., routers). The
Customer will be responsible for making all site preparations prior to the installation of data
communications or WAN service.
VII. RATES AND PAYMENT TERMS
The payment terms for WAN services are outlined in Section H “Fiscal Provisions” of the Contract.
Additionally, the following rates apply to WAN services:
a) WAN Access, including WAN monitoring and threat detection, is provided to Customer at no monthly
cost.
b) WAN Setup is a one-time cost to connect to the WAN and is provided to Customer at time and
materials, at the current Network Services Labor rate (see Attachment A “ITD Rate Sheet – External
Customers”) and for the actual cost of the network equipment.
c) Circuits are provided to Customer, if applicable, at the monthly cost as identified by the telephone
company at the time this Contract is executed. Section III.d. “Service Conditions” of this Attachment
identifies if this service and cost is applicable.
If applicable, the cost for your Circuit/s are listed as follows:
Serial Number: [#] Cost: [$]
VIII. CUSTOMER RESPONSIBILITIES
a) Except to the extent caused by County’s breach of the Contract, (a) Customer is responsible for all
activities that occur through Customer’s WAN access, regardless of whether the activities are
authorized by Customer or undertaken by Customer, Customer’s employees or a third party (including
Customer’s contractors, agents or end users), and County is not responsible for unauthorized access
to Customer’s account.
b) Customer is responsible for taking appropriate action to secure, protect and backup Customer
information and data.
c) Customer is responsible for its account information, passwords and other login credentials and must
notify County immediately of any known unauthorized possession or use of Customer’s credentials.
Customer shall not: (i) make WAN access available to any third party not authorized or as otherwise
contemplated by the Contract; (ii) send or store code that can harm or result in damage to the WAN (including
but not limited to malicious code and malware); (iii) willfully interfere with or disrupt the integrity of the WAN
or the data contained therein; (iv) attempt to gain unauthorized access to the WAN or its related system or
networks; (v) use the WAN to provide services to third parties except as expressly permitted by the Contract;
(vi) use the WAN in order to cause harm such as overload or create multiple agents for the purpose of
disrupting operations of a third party; or (vii) perform or disclose any security testing of the WAN.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely; Interim City Manager
Ernesto Salinas, Acting Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Construction Contract Award – Genevieve and
Ralston Lighting Circuit Upgrades (Ward 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the award of a construction contract with Elecnor Belco Electric, Inc.,
in the amount of $2,045,193 for the construction of Genevieve and Ralston
Lighting Circuit Upgrades (‘Project”); and
2. Authorize the project construction, construction contingencies and
engineering and inspections costs in the total amount of $600,000 for
construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”);
and
3. Authorize the Agency Director of Administrative Services to issue a purchase
order in an amount not to exceed $2,645,193.
Executive Summary
The project involves the installation of electrical streetlights to enhance public safety
and improve overall quality of life for the residents. This project is a critical
component of the City's infrastructure enhancement plan. The award of the
construction contract for electrical streetlights is a significant step toward improving
infrastructure and quality of life for the residence in the Genevieve and Ralston
areas of the City. Staff recommends the selection of Elecnor Belco Electrical, Inc.
as the contractor and moving forward with the issuance of a purchase order totaling
$2,045,193 to initiate the construction phase of this contract.
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Background
The Genevieve Street lighting circuit project involves replacing existing decorative
post-top poles that no longer meet current City standards due to significant
deterioration. Furthermore, the existing conduits, typically constructed of 1"
galvanized steel, have deteriorated to an extent that reusing them would present
significant challenges. The plan is to substitute the old poles with a style similar to
the post-top poles used in the recently finished project on Broadmoor Circuit
conversion.
The Ralston Street lighting circuit project entails the removal of the existing poles
and the installation of new standard cobra head type poles in accordance with City
standards. Presently, the lights along Sierra Way are linked via an overhead power
cable, and the proposed design includes the installation of underground power lines.
Additionally, the older-style, short mast arm poles situated mostly to the east of
Sierra Way will be replaced with poles that adhere to the current City standard.
On June 16, 2021, the Mayor and City Council adopted Resolution No 2021-138
approving Capital Improvement Program FY 2021/22 funding for the design and
construction of these improvements.
On December 15, 2021, the Mayor and City Council adopted Resolution No. 2021-
302 awarding Michael Baker International a Professional Design Services
Agreement to design the Genevieve and Ralston Lighting Circuits in the amount of
$63,280. Design was completed in December 2022 including the Southern
California Edison Service drop locations.
Upon thorough examination of the engineering estimates included in the approved
plans, staff has determined that there is a shortfall of $1,040,258 for the Genevieve
Circuit Lighting Upgrade project and a shortfall of $1,243,294 for the Ralston Circuit
Lighting Upgrade project.
On June 26, 2023, the City Council adopted Resolution No. 2023-090 authorizing
the Agency Director of Administrative Services to amend the FY 2022/23 Capital
Improvement Plan, recording supplement appropriation in the amount of $1,040,258
from Measure S for the Genevieve Circuit lighting Upgrade project; and $1,243,294
form Measure S for the Ralston Circuit Lighting Upgrade Project.
Discussion
The project for construction for Genevieve and Ralston Lighting Circuit Upgrades
was advertised for public bidding on July 26, 2023, on Planet Bids. Sealed bids were
received and opened on August 31, 2023. The City received four (4) bids as
follows:
Bidder City Base Bid
Elecnor Belco Electric Inc.Chino, CA $2,045,193
Comet Electric Chatsworth, CA $2,250,088
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ILB Corona, CA $2,251,636
Espinoza Electric Inc. (DBA QLE)Bloomington, CA $3,931,925
The City has reviewed the bid package and confirmed that Elecnor Belco Inc. of
Chino, California, is the lowest responsible and responsive bidder, with a total bid
amount of $2,045,193. Based on the bidder information and experience form in the
bid package, Elecnor Belco Electric Inc. listed a vast number of projects completed
in Southern California. Therefore, based on qualifications and competitive bidding,
City staff recommends awarding the construction contract to Elecnor Belco Electric,
Inc.
Following the completion of the design phase of the project, the Genevieve Circuit
had a remaining account balance of $362,853.07 and the Ralston Circuit had a
remaining account balance of $361,472.24.
On June 26, 2023, Mayor and City Council adopted Resolution No. 2023-90
authorizing the Agency Director of Administrative Services to amend the FY 2022/23
for Capital Improvement Plan and record a supplement appropriation in the amount
of $1,040,258 from Measure S for the Genevieve Circuit Lighting Upgrade project
and $1,243,294 from Measure S for the Ralston Circuit Lighting Upgrade project.
There was a technical correction that took place following the formal bidding
process. Due to the bids coming in at a lower amount than expected, Finance
decreased the overall allocation amount by $103,118. The supplemental
appropriation amount for the Genevieve Lighting Circuit Upgrade project is now
reflected as $988,699 and $1,191,735 for the Ralston Circuit Lighting Upgrade
project. The total available budgets for the construction phase of the project are
shown below:
Genevieve Lighting Circuit (007-160-8872*5504) $1,351,552.07
Ralston Lighting Circuit (007-160-8873*5504) $1,553,207.24
Total $2,904,759.31
The overall construction costs of the project are as follows:
Construction Bid Amount $2,045,193.00
Construction Contingency $ 400,000.00
Engineering and Inspection $ 200,000.00
Total Construction Project Cost $2,645,193.00
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 award contract will
result in public improvements being constructed that minimize risk and litigation
exposure through removing and upgrading the existing the street light system.
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Fiscal Impact
There is no General Fund impact associated with this action. There is sufficient
funding in the Measure S project accounts in FY 2022/23 that will be carried over
into FY 2023/24 to cover the total construction project cost.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the award of a construction contract with Elecnor Belco Electric, Inc.,
in the amount of $2,045,193 for the construction of Genevieve and Ralston
Lighting Circuit Upgrades (‘Project”); and
2. Authorize the project construction, construction contingencies and
engineering and inspections costs in the total amount of $600,000 for
construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”);
and
3. Authorize the Agency Director of Administrative Services to issue a purchase
order in an amount not to exceed $2,645,193.
Attachments
Attachment 1 Construction Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Bid Proposal
Attachment 4 Location Map-Genevieve Circuit
Attachment 5 Location Map-Ralston Circuit
Ward:
Seventh Ward
Synopsis of Previous Council Actions:
June 16, 2021 Adopted Resolution No. 2021-138 approving Capital
Improvement Program FY 2021/22.
June 26, 2023 Adopted Resolution No. 2023-090 to amend FY 2022/23
Capital Improvement Plan.
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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. TC22-008 & TC009 is made and entered into this 18th day of
October, 2023 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and
Elecnor Belco Electric, Inc , sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor,
materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict
compliance with the Contract Documents as specified in Article 5, below, for the following Project:
GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008
& RALSTON CIRCUIT LIGHTING UPGRADE TC22-009
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be
liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the
City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 200
calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder,
Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any
additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the
sum of Two Million Forty- Five Thousands One Hundred Ninety-Three Dollars ($2,045,193). Payment shall
be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the
prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the
Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or
extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code
section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar
day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated
Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may
deduct that amount from any money due or that may become due the Contractor under the Contract. This Section
does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be
deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor,
or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of
Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following WITH APPENDICES:
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Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
Appendix A – City of San Bernardino Business Registration Application Form
Appendix B – Pole Tags and SCE Maps
Appendix C – Construction 4’ x 8’ Project Signs
Appendix D – Restoration of Permanent Surfacing / Trenching (modified)
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract
Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract
Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede
any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be
included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal,
state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor
Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such
rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which
must be posted at the job site.
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ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor
may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California
Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information. In the event the City
seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding on public
contracts for a period of up to five (5) years.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and
year above written.
CITY OF SAN BERNARDINO
By:
CHARLES E. McNEELY
Interim City Manager
ATTEST:
By:
GENOVEVA ROCHA CMC
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ELECNOR BELCO ELECTRIC, INC.
(If CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURE REQUIRED)
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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BID TABULATION FOR
TC22-008 TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT
BID OPENING: 08/31/23 @ 2:30PM
FILE: PROJECT NO. TC22-008 & TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT
Item
No.BID ITEM DESCRIPTION Estimated
Quantity Unit LOW BIDDER
BELCO
2ND LOW
ILB
3RD LOW
COMET
4TH LOW
ESPINOZA ELECTRIC INC.DBA
QLE
5TH LOW 6TH LOW 7TH LOW
BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
SCHEDULE NO. 1 GENEVIEVE
1.1 MOBILIZATION 1 LS $18,000.00 $18,000.00 $56,294.00 $56,294.00 $90,000.00 $90,000.00 $87,000.00 $87,000.00
1.2 TRAFFIC CONTROL 1 LS $18,000.00 $18,000.00 $7,084.00 $7,084.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00
1.3 FURNISH AND INSTALL STREET LIGHT SERVICE PEDESTAL PER CITY OF SAN BERNARDINO
STANDARD DRAWING SL-2 1 EA $8,200.00 $8,200.00 $5,265.00 $5,265.00 $10,000.00 $10,000.00 $15,237.00 $15,237.00
1.4 FURNISH AND INSTALL TYPE III-C SERVICE EQUIPMENT ENCLOSURE PER CALTRANS
STANDARD PLAN ES-2F 1 EA $10,300.00 $10,300.00 $8,018.00 $8,018.00 $9,000.00 $9,000.00 $17,163.00 $17,163.00
1.5 FURNISH AND INSTALL NO. 3 1/2 PULL BOX PER CITY OF SAN BERNARDINO STANDARD
DRAWING SL-2 52 EA $605.00 $31,460.00 $1,004.00 $52,208.00 $700.00 $36,400.00 $323.00 $16,796.00
1.6 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD
DRAWING SL-2 1 EA $830.00 $830.00 $1,934.00 $1,934.00 $3,808.00 $3,808.00 $757.00 $757.00
1.7 FURNISH AND INSTALL STRESSCRETE CALIFORNIA 15' CONCRETE POLE WITH KING POST
TOP ACORN LUMINAIRE WASHINGTON 36 EA $11,067.00 $398,412.00 $10,226.00 $368,136.00 $10,000.00 $360,000.00 $17,331.00 $623,916.00
1.8 REMOVE EXISTING STREET LIGHT AND FOUNDATION 34 EA $1,160.00 $39,440.00 $2,233.00 $75,922.00 $2,500.00 $85,000.00 $3,163.00 $107,542.00
1.9 FURNISH AND INSTALL PHOTOELECTRIC CONTROL UNIT 2 EA $195.00 $390.00 $268.00 $536.00 $587.00 $1,174.00 $209.00 $418.00
1.1 REMOVE AND REINSTALL EXISTING SIGN 9 EA $250.00 $2,250.00 $246.00 $2,214.00 $449.00 $4,041.00 $343.00 $3,087.00
1.11 REMOVE EXISTING HPS LUMINAIR AND REPLACE WITH NEW CREE LED TYPE E 2 EA $770.00 $1,540.00 $754.00 $1,508.00 $1,672.00 $3,344.00 $974.00 $1,948.00
1.12 FURNISH AND INSTALL 2" SCHEDULE 80 PVC CONDUIT 5,335 LF $52.00 $277,420.00 $74.60 $397,991.00 $61.00 $325,435.00 $10.00 $53,350.00
1.13 FURNISH AND INSTALL 3” SCHEDULE 80 PVC CONDUIT 50 LF $100.00 $5,000.00 $339.00 $16,950.00 $205.00 $10,250.00 $70.00 $3,500.00
1.14 FURNISH AND INSTALL 3" SCHEDULE 80 PVC CONDUIT WITH PULL ROPE 40 LF $110.00 $4,400.00 $95.00 $3,800.00 $232.00 $9,280.00 $120.00 $4,800.00
1.15 FURNISH AND INSTALL #4 CONDUCTOR 1,440 LF $3.90 $5,616.00 $3.00 $4,320.00 $3.00 $4,320.00 $48.00 $69,120.00
1.16 FURNISH AND INSTALL #6 CONDUCTOR 4,840 LF $3.00 $14,520.00 $2.50 $12,100.00 $2.00 $9,680.00 $15.00 $72,600.00
1.17 FURNISH AND INSTALL #8 CONDUCTOR 9,015 LF $2.40 $21,636.00 $2.00 $18,030.00 $2.00 $18,030.00 $9.00 $81,135.00
1.18 FURNISH AND INSTALL #10 CONDUCTOR 5,020 LF $1.80 $9,036.00 $1.75 $8,785.00 $1.00 $5,020.00 $14.00 $70,280.00
1.19 FURNISH AND INSTALL #14 CONDUCTOR 810 LF $1.60 $1,296.00 $1.00 $810.00 $1.00 $810.00 $81.00 $65,610.00
1.2 REWIRE EXISTING TRAFFIC SIGNAL AT SIERRA WAY AT MARSHALL BLVD FOR 4 PHASE
OPERATION USING MULTI-CONDUCTOR CABLES WITH NEW UNDERGROUND CONDUIT 1 LS $20,068.00 $20,068.00 $8,442.00 $8,442.00 $23,000.00 $23,000.00 $40,000.00 $40,000.00
1.21 CONSTRUCTION 4’ x 8’ PROJECT SIGN 1 LS $2,500.00 $2,500.00 $3,047.00 $3,047.00 $5,000.00 $5,000.00 $2,613.00 $2,613.00
1.22 WATER POLLUION CONTROL, BEST MANAGEMENT PRACTICES 1 LS $2,000.00 $2,000.00 $3,047.00 $3,047.00 $2,500.00 $2,500.00 $5,750.00 $5,750.00
SCHEDULE NO. 1 GENEVIEVE SUBTOTAL $892,314.00 $1,056,441.00 $1,026,092.00 $1,362,622.00
SCHEDULE NO. 2 RALSTON
2.1 MOBILIZATION 1 LS $18,000.00 $18,000.00 $58,394.00 $58,394.00 $90,000.00 $90,000.00 $10,000.00 $10,000.00
2.2 TRAFFIC CONTROL 1 LS $19,000.00 $19,000.00 $7,084.00 $7,084.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00
2.3 FURNISH AND INSTALL STREET LIGHT SERVICE PEDESTAL PER CITY OF SAN BERNARDINO
STANDARD DRAWING SL-2 2 EA $8,200.00 $16,400.00 $5,109.00 $10,218.00 $10,000.00 $20,000.00 $19,924.50 $39,849.00
2.4 FURNISH AND INSTALL NO. 3 ½ PULL BOX PER CITY OF SAN BERNARDINO STANDARD
DRAWING SL-2 83 EA $605.00 $50,215.00 $992.00 $82,336.00 $1,000.00 $83,000.00 $575.63 $47,777.29
2.5 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD
DRAWING SL-2 2 EA $830.00 $1,660.00 $1,340.00 $2,680.00 $1,700.00 $3,400.00 $1,225.00 $2,450.00
2.6 FURNISH AND INSTALL STREET LIGHT POLE TYPE B FIXTURE, TYPE III DISTRIBUTION PER
CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 50 EA $7,074.00 $353,700.00 $5,763.00 $288,150.00 $6,500.00 $325,000.00 $11,221.94 $561,097.00
2.7 FURNISH AND INSTALL STREET LIGHT POLE TYPE C FIXTURE, TYPE III DISTRIBUTION PER
CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 6 EA $7,892.00 $47,352.00 $6,734.00 $40,404.00 $8,500.00 $51,000.00 $13,209.17 $79,255.02
2.8 FURNISH AND INSTALL STREET LIGHT POLE TYPE D FIXTURE, TYPE IV DISTRIBUTION PER
CITY OF SAN BERNARDINO STANDARD DRAWING SL-1 4 EA $9,628.00 $38,512.00 $6,734.00 $26,936.00 $8,500.00 $34,000.00 $13,209.25 $52,837.00
2.9 FURNISH AND INSTALL BACK LIGHT CONTROL SHIELD BY MANUFACTURER 6 EA $150.00 $900.00 $215.00 $1,290.00 $500.00 $3,000.00 $641.34 $3,848.04
2.1 FURNISH AND INSTALL PHOTOELECTRIC CONTROL UNIT 2 EA $195.00 $390.00 $433.00 $866.00 $600.00 $1,200.00 $463.50 $927.00
2.11 REMOVE AND REINSTALL EXISTING SIGN 2 EA $250.00 $500.00 $701.00 $1,402.00 $800.00 $1,600.00 $1,259.50 $2,519.00
2.12 REMOVE EXISTING SIGN AND INSTALL NEW SIGN 4 EA $500.00 $2,000.00 $353.00 $1,412.00 $600.00 $2,400.00 $135.00 $540.00
2.13 CONSTRUCT MEANDERING SIDEWALK 3 SF $400.00 $1,200.00 $594.00 $1,782.00 $1,300.00 $3,900.00 $5,825.00 $17,475.00
2.14 UPGRADE EXISTING PULL BOX BOLTS TO PENTA HEAD PER CALTRANS STANDARD ES-8A
(per bolt)60 EA $22.00 $1,320.00 $37.00 $2,220.00 $72.00 $4,320.00 $270.95 $16,257.00
2.15 REMOVE EXISTING STREET LIGHT AND FOUNDATION 43 EA $1,160.00 $49,880.00 $2,151.00 $92,493.00 $2,000.00 $86,000.00 $4,029.07 $173,250.01
2.16 FURNISH AND INSTALL 2” SCHEDULE 80 PVC CONDUIT 8,455 LF $52.00 $439,660.00 $56.00 $473,480.00 $51.00 $431,205.00 $49.40 $417,677.00
2.17 FURNISH AND INSTALL 3” SCHEDULE 80 PVC CONDUIT WITH PULL ROPE 20 LF $110.00 $2,200.00 $226.00 $4,520.00 $500.00 $10,000.00 $1,337.20 $26,744.00
2.18 FURNISH AND INSTALL #8 CONDUCTOR 11,305 LF $2.40 $27,132.00 $2.00 $22,610.00 $2.00 $22,610.00 $28.55 $322,757.75
2.19 FURNISH AND INSTALL #10 CONDUCTOR 22,700 LF $1.80 $40,860.00 $1.75 $39,725.00 $1.00 $22,700.00 $14.28 $324,156.00
2.2 FURNISH AND INSTALL #14 CONDUCTOR 855 LF $1.60 $1,368.00 $1.00 $855.00 $2.00 $1,710.00 $363.82 $311,066.10
2.21 FURNISH AND INSTALL CONDUIT CROSSINGS (SONORA DRIVE)160 LF $200.00 $32,000.00 $152.00 $24,320.00 $145.00 $23,200.00 $184.93 $29,588.80
2.22 FURNISH AND INSTALL NO. 3 ½ PULL BOX PER CITY OF SAN BERNARDINO STANDARD
DRAWING SL-2 FOR SONORA DRIVE CROSSINGS 6 EA $605.00 $3,630.00 $1,004.00 $6,024.00 $1,100.00 $6,600.00 $2,450.67 $14,704.02
2.23 CONSTRUCTION 4’ x 8’ PROJECT SIGN 1 LS $3,000.00 $3,000.00 $3,047.00 $3,047.00 $4,100.00 $4,100.00 $2,603.00 $2,603.00
2.24 WATER POLLUION CONTROL, BEST MANAGEMENT PRACTICES 1 LS $2,000.00 $2,000.00 $3,047.00 $3,047.00 $2,500.00 $2,500.00 $5,750.00 $5,750.00
SCHEDULE NO. 2 RALSTON SUBTOTAL $1,152,879.00 $1,195,295.00 $1,243,445.00 $2,483,128.03
TOTAL BID SCHEDULE $2,045,193.00 $2,251,736.00 $2,269,537.00 $3,845,750.03 $-$-$-
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Agreement with Econolite Control Products, Inc. for
the Purchase of Traffic Signal Cabinets (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with
Econolite Control Products, Inc., for the purchase of traffic signal cabinets and
related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in
the amount of $100,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase
Agreement with Econolite Control Products, Inc., for up to four additional one-
year terms for an amount not to exceed $100,000 annually.
Executive Summary
A purchase order in the amount of $100,000 is requested for the purchase of traffic
signal cabinets and related components from Econolite of Anaheim, CA. These
cabinets are utilized for City wide traffic signal upgrades and replacement of
damaged traffic cabinets at signalized intersections. This amount is consistent with
the projected requirements for this fiscal year.
Background
The Operations and Maintenance Division (O&M) of the Public Works Department is
responsible for the maintenance, repair, beautification, and clean-up of City-owned
infrastructure and rights of way. In conjunction with the Public Works Engineering
Division, it is also responsible for ensuring the City’s traffic intersections are properly
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maintained, inspected, upgraded, and repaired as needed.
Traffic signal cabinets are sometimes subject to vehicle collisions and require
replacement. Staff requires these cabinets be available on-hand for quicker
replacement of cabinets due to collisions rather than ordering them as each incident
occurs. The replacement of cabinets is largely performed by in-house staff that are part
of the Traffic and Lighting work section of the O&M Division.
Discussion
The City of San Bernardino has approximately 275 traffic intersections comprised of
various traffic signal components, cabinets, and hardware. Each traffic intersection
requires routine inspection and maintenance which includes replacement and repair of
traffic signal cabinets. In many instances, vandalism or traffic collisions at intersections
may necessitate the quick repair and replacement of cabinets. In general, the City can
expect approximately 18 cabinet collisions per year.
To ensure that the City properly maintains and repairs our traffic intersection efficiently
with industry standard components and hardware, staff is requesting $100,000 for
traffic signal cabinets and related materials under this goods purchase agreement.
The Operations and Maintenance Division of Public Works worked with the Finance
Department, and in July of 2023, a formal bid process was initiated to solicit quotes for
traffic signal cabinets and related materials. Notices were posted on the City’s website.
The results of the bid opening yielded two qualified vendors as noted below. Both
vendors have provided services to the City in the past. In reviewing the results of the
bid solicitation, it was determined that Econolite was the lowest vendor and was
therefore selected as the winning vendor. It is important to note this purchase order
will be set at $100,000 to allow for additional purchases should they be required. To
ensure the City continues operations uninterrupted and maintains costs within the
same range, approval of the Goods Purchase Agreement authorizes a one-year
agreement and four one-year extension options that would be executed
administratively by staff. This is beneficial to the City, not just in cost, but also with
reducing staff’s administrative burden.
NAME OF BIDDER CITY UNIT COSTS
Econolite Control
Products, Inc.
Anaheim, CA $69,986.88
Swarco McCain, Inc.Vista, CA $94,621.20
Staff is confident that Econolite is qualified to provide the required traffic signal cabinets
and related materials. The City has worked with Econolite in the recent past and they
have always provided quality products and timely services.
2021-2025 Strategic Targets and Goals
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This project is aligned with Key Target No. 3c: Improved Quality of Life: To evaluate
and enhance the quality of public safety service, and Key Target No. 3d: Improve the
City’s appearance, cleanliness, and attractiveness. The goods and services agreement
will ensure City traffic intersections are properly maintained and repaired as needed in
all economic corridors, neighborhoods, major thoroughfares, and secondary streets.
Fiscal Impact
The General Fund impact is $100,000 and is appropriated in the FY 2023/24 budget.
This amount will need to be programmed annually for additional four option years.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with
Econolite Control Products, Inc., for the purchase of traffic signal cabinets and
related components; and
2. Authorize the Director of Administrative Services to issue a purchase order in
the amount of $100,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase
Agreement with Econolite Control Products, Inc., for up to four additional one-
year terms for an amount not to exceed $100,000 annually.
Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 Goods Purchase Agreement Exhibit C
Attachment 3 Summarized Cost Sheet
Attachment 4 Bid Documents– RFQ F-23-55
Ward
All Wards
Synopsis of Previous Council Actions
N/A
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this October 18,
2023, by and between the City of San Bernardino, a charter city and municipal corporation
organized under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and Econolite Control Products, Inc., a
CORPORATION with its principal place of business at 1250 N. Tustin Ave. Anaheim,
CA. 92807 (“Supplier”). City and Supplier are sometimes individually referred to as
“Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials,
labor or other services, including design, engineering and installation services, provided
by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by
reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be
delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer,
model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by
this Section 2 will be deemed to be defective material for purposes of Section 4. Where
machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular
standard, City will decide the question of equality. When requested by City, Supplier will
furnish City with the name of the manufacturer, the performance capabilities and other
pertinent information necessary to properly determine the quality and suitability of any
machines, equipment and material to be incorporated in the Goods. Material samples
will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If
upon inspection or testing the Goods or any portion thereof are found to be
nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet
any requirements or specifications contained in Exhibit “A,” then without prejudice to any
other rights or remedies, City may reject the Goods or exercise any of its rights under
Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment
for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s
failure to notify Supplier of a rejection of nonconforming goods or revocation of
acceptance thereof or to specify with particularity any defect in nonconforming goods after
rejection or acceptance thereof.
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Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free
from defects in design, engineering, material, and workmanship for a period of two (2)
years, or such longer period as provided by a manufacturer’s warranty or as agreed to by
Supplier and City, from the date of final written acceptance of the Goods by City as
required for final payment under Section 7. Supplier further warrants that any services
provided in connection with the Goods will be performed in a professional and
workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included
in the Goods will meet the performance requirements and specifications specified in
Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval,
or acceptance of any such machinery, equipment, or process will not relieve Supplier of
its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B,
Supplier will, immediately after receiving notice from City, at the option of City, and at
Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s
plant, office or other location of City where the Goods was originally performed or
delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to
City, including but not limited to, the costs of removal, repair, and replacement of the
defective Goods, and reinstallation of new Goods. All such defective Goods that is so
remedied will be similarly warranted as stated above. In addition, Supplier will repair or
replace other items of the Goods which may have been damaged by such defects or the
repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and
encumbrances whatsoever, that Supplier has a good and marketable title to same, and
that Supplier owns or has a valid license for all of the proprietary technology and
intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend,
and hold City harmless against any and all third-party claims resulting from the breach or
inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4,
City will not be limited to the remedies set forth in this Section 4, but will have all the rights
and remedies permitted by applicable law, including without limitation, all of the rights and
remedies afforded to City under the California Commercial Code.
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Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,”
attached hereto and incorporated herein by reference, are firm and shall not be subject
to change without the written approval of City. No extra charges of any kind will be
allowed unless specifically agreed to in writing by City’s authorized representative. The
total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll,
occupational and other taxes applicable to the Goods furnished to City hereunder; and
(ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make
changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an
equitable adjustment will be made in the price or time for performance or both. Any
change in the price necessitated by such change will be agreed upon between City and
Supplier and such change will be authorized by a change order document signed by City
and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment are net thirty (30) days, less any applicable retention,
after receipt of invoice, or completion of applicable Progress Milestones. Final payment
shall be made by City after Supplier has satisfied all contractual requirements. Payment
of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments
for the Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application by
Supplier during the progress of the Goods and according to the terms of payment as
specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments
due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit
“B” and each change order will be itemized on the invoice. Invoices for cost plus work,
whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier
invoices attached to Supplier’s invoice. Other format and support documents for invoices
will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective
Goods not remedied, liens or other claims filed, reasonable evidence indicating probable
filing of liens or other claims, failure of Supplier to make payments properly to its
subcontractors or for material or labor, the failure of Supplier to perform any of its other
obligations under the Agreement, or to protect City against any liability arising out of
Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which
payment is withheld are removed, the withheld payments will be made promptly. If the
said causes are not removed within a reasonable period after written notice, City may
remove them at Supplier’s expense.
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D. Payment of the final Progress Milestone payment or any retention will be
made by City upon:
1. Submission of an invoice for satisfactory completion of the
requirements of a Progress Milestone as defined in Exhibit “B” and in the amount
associated with the Progress Milestone.
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of
this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be
entitled to file, claim, or maintain a lien of any kind or character, and containing an
averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may
furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to
City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment
pursuant to Section 7.D will constitute a waiver, release and discharge of any and all
claims and demands of any kind or character which Supplier then has, or can
subsequently acquire against City, its successors and assigns, for or on account of any
matter or thing arising out of, or in any manner connected with, the performance of this
Agreement. However, payment for the final Progress Milestone by City will not constitute
a waiver, release or discharge of any claims or demands which City then has, or can
subsequently acquire, against Supplier, its successors, and assigns, for or on account of
any matter or thing arising out of, or in any manner connected with, the performance of
this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.”
Supplier must immediately notify City in writing any time delivery is behind schedule or
may not be completed on schedule. In addition to any other rights City may have under
this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for
each calendar day for which the item of Goods is unavailable beyond the scheduled
delivery date(s) specified in Exhibit “B.”
B. In the event that the Goods is part of a larger project or projects that require
the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in
scheduling the delivery so that City can maximize the efficient completion of such
project(s).
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Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value
added or gross receipts tax imposed similar to a sales and use tax) imposed by any
federal, state or local taxing authority on the ultimate purchase price of the Goods
provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to
withhold all required taxes and contributions of any federal, state or local taxing authority
which is measured by wages, salaries or other remuneration of its employees or the
employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a
timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price
of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all
taxes assessed by any taxing jurisdiction based on Supplier property used or consumed
in the provision of the Goods such as and including ad valorem, use, personal property
and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any
filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an
employee of City. Supplier shall have no power or authority by this Agreement to bind
City in any respect. Nothing in this Agreement shall be construed to be inconsistent with
this relationship or status. All employees, agents, contractors, or subcontractors hired or
retained by the Supplier are employees, agents, contractors or subcontractors of the
Supplier and not of City. City shall not be obligated in any way to pay any wage claims
or other claims made against Supplier by any such employees, agents, contractors or
subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in
Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials
or equipment, or any other part of the Goods, will require that the subcontractor be bound
by and subject to all of the terms and conditions of the Agreement. No subcontract or
order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s
insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed
and partially completed portions of the Goods upon delivery, as well as materials
delivered to and stored on City property which are intended to become a part of the
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Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the
materials caused by Supplier or its subcontractors, their agents or employees, and
Supplier will replace, or repair said Goods or materials at its own cost to the complete
satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid
Supplier for all or a portion of the Goods which remains in the possession of Supplier,
then City shall have title to, and the right to take possession of, such Goods at any time
following payment therefor. Risk of loss for any Goods which remains in the possession
of Supplier shall remain with Supplier until such Goods has been delivered or City has
taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property
used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials,
officers, employees, agents, subcontractors and subconsultants arising out of or in
connection with the Goods or the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys’ fees and other related
costs and expenses except such loss or damage which was caused by the sole
negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the City,
its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost,
expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that
may be rendered against City or its officials, officers, employees, agents, or volunteers,
in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its
officials, officers, employees, agents, and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per
occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property
damage, at least as broad as Insurance Services Office Commercial General Liability
most recent Occurrence Form CG 00 01;
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2. Automobile Liability Insurance for bodily injury and property damage
including coverage for owned, non-owned and hired vehicles, of at least $1,000,000
per accident for bodily injury and property damage, at least as broad as most recent
Insurance Services Office Form Number CA 00 01 covering automobile liability, Code
1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per
occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence
and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous
materials.
5. If Supplier is also the manufacturer of any equipment included in the
Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance
which covers said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per
occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial
or loss of service, and (4) the introduction, implantation or spread of malicious
software code, in a form and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on
Coverage. The policies required under this Section shall give City, its officials, officers,
employees, agents or volunteers additional insured status. Such policies shall contain a
provision stating that Supplier’s policy is primary insurance and that any insurance, self-
insurance or other coverage maintained by the City or any additional insureds shall not
be called upon to contribute to any loss and shall contain or be endorsed with a waiver of
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.
The limits set forth herein shall apply separately to each insured against whom claims are
made or suits are brought, except with respect to the limits of liability. Requirements of
specific coverage or limits contained in this section are not intended as a limitation on
coverage, limits, or other requirement, or a waiver of any coverage normally provided by
any insurance. Any available coverage shall be provided to the parties required to be
named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed
with insurers with a current A.M. Best’s rating no less than A-: VII, licensed to do business
in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates
of insurance and endorsements effecting coverage required by the Agreement. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and
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approved by the City before delivery commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this
Section before commencing work. In addition, Supplier shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by
Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a
mechanic’s or other lien or claim of any kind or character against the Goods, for or on
account of any labor, materials, fixtures, tools, machinery, equipment, or any other things
furnished, or any other work done or performance given under, arising out of, or in any
manner connected with the Agreement (such liens or claims referred to as “Claims”); and
Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights
which they now have, or may subsequently acquire, to file or maintain any Claim and
Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims
will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all
Claims that may be filed by a subcontractor, supplier or any other person or entity and
Supplier will, at its own expense, defend any and all actions based upon such Claims and
will pay all charges of attorneys and all costs and other expenses arising from such
Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with
promptness and diligence, or to perform any of its other obligations under the Agreement,
City may terminate Supplier’s right to proceed with the delivery of the Goods by written
notice to Supplier. In such event City may obtain the Goods by whatever method it may
deem expedient, including the hiring of another contractor or other contractors and, for
that purpose, may take possession of all materials, machinery, equipment, tools and
appliances and exercise all rights, options and privileges of Supplier. In such case
Supplier will not be entitled to receive any further payments until the Goods is delivered.
If City’s cost of obtaining the Goods, including compensation for additional managerial
and administrative services, will exceed the unpaid balance of the Agreement, Supplier
will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with
the delivery of any portion or all of the Goods by written notice to Supplier. Such
termination will be effective in the manner specified in such notice, will be without
prejudice to any claims which City may have against Supplier, and will not affect the
Packet Pg. 316
obligations and duties of Supplier under the Agreement with respect to portions of the
Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the
portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing
of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to
procure cancellation of all existing orders or contracts upon terms satisfactory to City;
and
3. Deliver only such portions of the Goods which City deems necessary
to preserve and protect those portions of the Goods already in progress and to protect
material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata
portion of the compensation in the Agreement for any portion of the terminated Goods
already delivered, including material and services for which it has made firm contracts
which are not canceled, it being understood that City will be entitled to such material and
services. Upon determination of the amount of said pro rata compensation, City will
promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens
and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City
for failure or delay in accepting goods described herein if such failure or delay is due to a
Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable
delay in the issuance of permits or approvals by governmental authorities that are
required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes
and other organized labor action occurring at the project site and the effects thereof on
the work, only to the extent such strikes and other organized labor action are beyond the
control of Supplier and its subcontractors, of every tier, and to the extent the effects
thereof cannot be avoided by use of replacement workers. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations and
orders, rules to protect the public health, welfare and safety, and other actions of the City
in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall
have the option either to reduce the quantity provided for in the order accordingly or to
exercise its right of cancellation as set forth in this Agreement.
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Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address or at such other address
as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
Econolite Control Products, Inc.
1250 N. Tustin Ave
Anaheim, CA. 92807
Attn: Corey Kelly
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest
in this Agreement whether by assignment or novation, without the prior written consent of
the City, which will not be unreasonably withheld. Provided, however, that claims for
money due or to become due Supplier from the City under this Agreement may be
assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished
promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel or otherwise.
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F. Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action
for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in
the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who
have signed this Agreement have the legal power, right and authority to make this
Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ
other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties relative to the Goods specified herein. There are no understandings,
agreements, conditions, representations, warranties or promises with respect to this
Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND ECONOLITE CONTROL PRODUCTS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
ECONOLITE CONTROL PRODUCTS,
INC
Signature
Name
Title
Packet Pg. 320
Exhibit A
Goods Specifications
TRAFFIC SIGNAL CONTROLLER CABINETS
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor,
coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform
and complete the project pursuant to the Agreement. The following is a non-inclusive description
of the project work and/or goods to be provided.
The term of this agreement will be from October 18, 2023 to June 30, 2024 WITH FOUR (4) 1
year option to extend.
Specifications include the following:
General Specifications:
•Dimensions: 67” H x 24” W x 30” D
•Material: 5052-H32 aluminum, 0.125” thick
•Finish: Natural, anodized, or powder coated with optional anti-graffiti coating
•Door(s): Front (1), back (1), all full size
•Handles: 3/4” round, stainless steel, with padlock feature
•Mounting: Base mounted
•Interchangeable with standard 170 controllers
Standard Features:
•8-phase, 4-pedestrian operation
•36 detector channel capability
•2-channel or 4-channel industry standard detection modules
•Railroad (2) and emergency vehicle (4) preemption inputs
•Solid state relay (SSR)
•Relay safety feature
•Programmable “Yellow/Red” or “All Red” flashes
•DC isolation inputs for pedestrian push buttons and special functions
•210 Signal Monitor slot
•Transient voltage and surge suppression filter
•Drawer/shelf combination
Assemblies:
•14-position input files (2)
•12-position output file
•Power-saving, high-efficiency power supply
•Flash transfer relay sockets (4)
•Dual-circuit flasher sockets (2)
•Input panel
•Service panel
•Police panel with signal “On/Off” and “Auto/Flash” switches
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Plug-ins required:
•12 – Load switches, 200
•2 – Flashers, 204
•18 – Detectors, 222
•3 - DC isolators, 242
•1 - CMU, 210
•4 – Flash transfer relays
•1 – Surge suppressor, 1250 ITS/1750 TEES
•1- 24VDC power supply, 206L
Must be fully compliant with 2009 Caltrans Transportation Electrical Equipment
Specifications (TEES)
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Exhibit B
Delivery Schedule
Supplies must be ready to be delivered no longer than 30 days after orders are placed
(notwithstanding national supply-chain issues).
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City of San Bernardino
Bid Results for Project Traffic Signal Controller Cabinets (RFQ F-23-55)
Bid Due on August 17, 2023 3:00 PM (PDT)
Anaheim, CA.Vista, CA.
Econolite Swarco McCain, Inc.
Quantity 8 8
Cost Per Unit $8,748.36 $11,827.65
Total: 69,986.88 $94,621.20
Option Year #1 $73,120.56 $104,083.32
Option Year #2 $76,548.16 $109,287.49
Option Year #3 $80,312.80 $114,751.86
Option Year #4 $84,466.88 $120,489.45
Packet Pg. 325
REQUEST FOR VENDOR QUOTES
FOR
CITY OF SAN BERNARDINO
FOR
TRAFFIC SIGNAL CONTROLLER CABINETS
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
Packet Pg. 326
REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-55
TRAFFIC SIGNAL CONTROLLER CABINETS
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San
Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00
P.M., Thursday, August 17, 2023. Quotes may NOT be submitted by fax, email, telephone, mail, hand
delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the
Vendor unopened.
The award of this contract is subject to available budget adequate to carry out the provisions of the proposed
agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.
The City is committed to inclusion and diversity and welcomes proposals and bids from contractors,
consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender
identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism,
bigotry, hatred, bullying, or violence towards any group within or outside of our community.
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for Traffic Signal Supplies
(“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the
Project/Equipment, as described below.
The City of San Bernardino is soliciting quotes for the purchase of Traffic Signal Controller Cabinets
A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”,
attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such
Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the
successful Vendor shall be set forth in the Goods Agreement (“Agreement”) executed by and between City and
the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated
herein by this reference.
B. Project Manager
The Project Manager for the City regarding this request will be Mayra Calderon, Buyer, Finance
Department, purchasing@sbcity.org or a designated representative, who will coordinate the assistance to be
provided by the City to the Vendor.
C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be
requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must
be received in writing no later than July 27, 2023, by 3:00pm local time.
D. Meeting
There is no meeting
1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or
joint venture.
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any
way affect the performance of the work; shall familiarize themselves with all federal, state and local laws,
ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such
investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the
terms of the Agreement; and correlate its observations, investigations, and determinations with the
requirements of the Agreement.
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00pm local time, on or before August 17, 2023, through
PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in
proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only
consider Quotes that have transmitted successfully and have been issued a confirmation number with a time
stamp from PlanetBids indicating that the Quote was submitted successfully.
Vendors experiencing any technical difficulties with the Quote submission process may contact
PlanetBids Support at (818) 992-1771. Neither the City nor PlanetBids make any guarantee as to the timely
availability of assistance or assurance that any given problem will be resolved by the Quote submission date
and/or time.
Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote
Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a
Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the
terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to
the request, including but not limited to, the Agreement.
G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply
or work or service at the lowest quotation or determined to be in the best interest of the City. During the
evaluation process, the City reserves the right, to request additional information or clarifications from Vendors,
or to allow corrections of errors or omissions.
H. General Conditions
1. General: It is solely the responsibility of the Vendor to see that its Quote is properly
submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late
Quotes.
2. Amendments to Request: The City reserves the right to amend the request or issue to all
Vendors addenda to answer questions for clarification.
3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or
incomplete.
4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing
any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain
all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.
5. Price Validity: Quotes provided by Proposers in response to this request are valid for 180
days from the due date. The City intends to award the Agreement within this time but may request an
extension from the Vendors to hold pricing, until negotiations are complete, and the Agreement is awarded.
6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within
14 working days of the contract being awarded and must complete all Project/Equipment within 180 “working”
days.
7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost
and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans,
documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the
necessary insurance as required by the Agreement and a City business license.
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
8. Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and
Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this
Agreement.
[END OF SECTION]
Packet Pg. 329
REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
ATTACHMENT “A”
TRAFFIC SIGNAL CONTROLLER CABINETS
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination,
permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project
pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of
the project work and/or goods to be provided.
The City of San Bernardino is soliciting bids for the purchase of Traffic Signal Controller Cabinets as specified
in our Unit Price Sheet (Attachment C). Other specifications include the following:
General Specifications:
•Dimensions: 67” H x 24” W x 30” D
•Material: 5052-H32 aluminum, 0.125” thick
•Finish: Natural, anodized, or powder coated with optional anti-graffiti coating
•Door(s): Front (1), back (1), all full size
•Handles: 3/4” round, stainless steel, with padlock feature
•Mounting: Base mounted
•Interchangeable with standard 170 controllers
Standard Features:
•8-phase, 4-pedestrian operation
•36 detector channel capability
•2-channel or 4-channel industry standard detection modules
•Railroad (2) and emergency vehicle (4) preemption inputs
•Solid state relay (SSR)
•Relay safety feature
•Programmable “Yellow/Red” or “All Red” flashes
•DC isolation inputs for pedestrian push buttons and special functions
•210 Signal Monitor slot
•Transient voltage and surge suppression filter
•Drawer/shelf combination
Assemblies:
•14-position input files (2)
•12-position output file
•Power-saving, high-efficiency power supply
•Flash transfer relay sockets (4)
•Dual-circuit flasher sockets (2)
•Input panel
•Service panel
•Police panel with signal “On/Off” and “Auto/Flash” switches
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
Plug-ins required:
•12 – Load switches, 200
•2 – Flashers, 204
•18 – Detectors, 222
•3 - DC isolators, 242
•1 - CMU, 210
•4 – Flash transfer relays
•1 – Surge suppressor, 1250 ITS/1750 TEES
•1- 24VDC power supply, 206L
Must be fully compliant with 2009 Caltrans Transportation Electrical Equipment Specifications
(TEES)
Packet Pg. 331
REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
ATTACHMENT “B”
CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of
[***INSERT MONTH***], 2021, by and between the City of San Bernardino, a charter city and
municipal corporation organized under the laws of the State of California with its principal place of
business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY -
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with
its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or
other services, including design, engineering and installation services, provided by Supplier as
specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to
City, ready for approval, testing and/or use as specified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade
name, no substitution will be made without City’s written approval. Machinery, equipment or material
installed in the Goods without the approval required by this Section 2 will be deemed to be defective
material for purposes of Section 4. Where machinery, equipment or materials are referred to in
Exhibit “A” as equal to any particular standard, City will decide the question of equality. When
requested by City, Supplier will furnish City with the name of the manufacturer, the performance
capabilities and other pertinent information necessary to properly determine the quality and suitability
of any machines, equipment and material to be incorporated in the Goods. Material samples will be
submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon
inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory,
defective, of inferior quality or workmanship, or fail to meet any requirements or specifications
contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the
Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection,
acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming
goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or
revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods
after rejection or acceptance thereof.
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects
in design, engineering, material, and workmanship for a period of two (2) years, or such longer period
as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final
written acceptance of the Goods by City as required for final payment under Section 7. Supplier
further warrants that any services provided in connection with the Goods will be performed in a
professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the
Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be
fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such
machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will,
immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and
without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office
or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City,
including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and
reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted
as stated above. In addition, Supplier will repair or replace other items of the Goods which may have
been damaged by such defects or the repairing of the same, all at its own expense and without cost
to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances
whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a
valid license for all of the proprietary technology and intellectual property incorporated within the
Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party
claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not
be limited to the remedies set forth in this Section 4, but will have all the rights and remedies
permitted by applicable law, including without limitation, all of the rights and remedies afforded to City
under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached
hereto and incorporated herein by reference, are firm and shall not be subject to change without the
written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in
writing by City’s authorized representative. The total price shall include (i) all federal, state and local
sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-55
to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in
the Goods, including but not limited to, City’s requirements and specifications. If such changes affect
the cost of the Goods or time required for its performance, an equitable adjustment will be made in
the price or time for performance or both. Any change in the price necessitated by such change will
be agreed upon between City and Supplier and such change will be authorized by a change order
document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of
invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after
Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute
acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods
will be made as the requirements of such Progress Milestones are met. Progress payments for the
Goods will be made by City upon proper application by Supplier during the progress of the Goods and
according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will
include progress payments due for the original scope of work and changes. Each “Item for Payment”
shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus
work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices
attached to Supplier’s invoice. Other format and support documents for invoices will be determined
by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not
remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other
claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the
failure of Supplier to perform any of its other obligations under the Agreement, or to protect City
against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If
the causes for which payment is withheld are removed, the withheld payments will be made promptly.
If the said causes are not removed within a reasonable period after written notice, City may remove
them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City
upon:
1. Submission of an invoice for satisfactory completion of the requirements of a
Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress
Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this
Agreement; and
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5. Delivery of an affidavit listing all persons who might otherwise be entitled to file,
claim, or maintain a lien of any kind or character, and containing an averment that all of the said
persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond
satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to
Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any
kind or character which Supplier then has, or can subsequently acquire against City, its successors
and assigns, for or on account of any matter or thing arising out of, or in any manner connected with,
the performance of this Agreement. However, payment for the final Progress Milestone by City will
not constitute a waiver, release or discharge of any claims or demands which City then has, or can
subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or
thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement. The Goods
will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately
notify City in writing any time delivery is behind schedule or may not be completed on schedule. In
addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the
sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of
Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
B. In the event that the Goods is part of a larger project or projects that require the
coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the
delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross
receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing
authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all
required taxes and contributions of any federal, state or local taxing authority which is measured by
wages, salaries or other remuneration of its employees or the employees of its subcontractors.
Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing
authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the
Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by
any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods
such as and including ad valorem, use, personal property and inventory taxes will be the
responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings or
payments of all taxes required to be paid by Supplier hereunder.
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Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of
City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All
employees, agents, contractors or subcontractors hired or retained by the Supplier are employees,
agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in
any way to pay any wage claims or other claims made against Supplier by any such employees,
agents, contractors or subcontractors or any other person resulting from performance of this
Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all
subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other
part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and
conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City,
including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or
order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially
completed portions of the Goods upon delivery, as well as materials delivered to and stored on City
property which are intended to become a part of the Goods. However, Supplier will be liable for any
loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their
agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the
complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid
Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall
have title to, and the right to take possession of, such Goods at any time following payment therefor.
Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier
until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of
loss or damage to Supplier’s property used in the construction of the Goods but which does not
become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful
misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants
arising out of or in connection with the Goods or the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys’ fees and other related costs and
expenses except such loss or damage which was caused by the sole negligence or willful misconduct
of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
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employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall
pay and satisfy any judgment, award, or decree that may be rendered against City or its officials,
officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.
Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/
$4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as
Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including
coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily
injury and property damage, at least as broad as most recent Insurance Services Office Form
Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements
and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods,
Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said
equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence
and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4)
the introduction, implantation or spread of malicious software code, in a form and with insurance
companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The
policies required under this Section shall give City, its officials, officers, employees, agents or
volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s
policy is primary insurance and that any insurance, self-insurance or other coverage maintained by
the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain
or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees,
agents, and volunteers. The limits set forth herein shall apply separately to each insured against
whom claims are made or suits are brought, except with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation
on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any
insurance. Any available coverage shall be provided to the parties required to be named as
additional insured pursuant to this Agreement.
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C. Insurance Carrier. All insurance required under this Section is to be placed with
insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California,
and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance
and endorsements effecting coverage required by the Agreement. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and
endorsements must be received and approved by the City before delivery commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before
commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have
adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or
other lien or claim of any kind or character against the Goods, for or on account of any labor,
materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done
or performance given under, arising out of, or in any manner connected with the Agreement (such
liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive
and relinquish any and all rights which they now have, or may subsequently acquire, to file or
maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the
right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may
be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own
expense, defend any and all actions based upon such Claims and will pay all charges of attorneys
and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and
diligence, or to perform any of its other obligations under the Agreement, City may terminate
Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event
City may obtain the Goods by whatever method it may deem expedient, including the hiring of
another contractor or other contractors and, for that purpose, may take possession of all materials,
machinery, equipment, tools and appliances and exercise all rights, options and privileges of
Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is
delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and
administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for
and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery
of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in
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the manner specified in such notice, will be without prejudice to any claims which City may have
against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with
respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the
Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for
materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure
cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve
and protect those portions of the Goods already in progress and to protect material, plant and
equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the
compensation in the Agreement for any portion of the terminated Goods already delivered, including
material and services for which it has made firm contracts which are not canceled, it being
understood that City will be entitled to such material and services. Upon determination of the amount
of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by
Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure
or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring
at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities
(including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or
approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or
quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site
and the effects thereof on the work, only to the extent such strikes and other organized labor action
are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects
thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect
the public health, welfare and safety, and other actions of the City in its capacity as a municipal
authority.
C. In the event of any such excused interference with shipments, City shall have the option
either to reduce the quantity provided for in the order accordingly or to exercise its right of
cancellation as set forth in this Agreement.
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Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address or at such other address as the respective
parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this
Agreement whether by assignment or novation, without the prior written consent of the City, which will
not be unreasonably withheld. Provided, however, that claims for money due or to become due
Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee
in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or
involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Bernardino County.
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G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall
pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation
of this Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to make this Agreement and bind
each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other
contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relative to the Goods specified herein. There are no understandings, agreements, conditions,
representations, warranties or promises with respect to this Agreement, except those contained in or
referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may
be executed by electronic or digital signature, which shall be considered as an original signature for
all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first
above written.
CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]
DO NOT SIGN FOR REVIEW
PURPOSES ONLY
Signature
Name
Title
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Exhibit A
Goods Specifications
[ATTACHED]
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Exhibit B
Delivery Schedule
[ATTACHED]
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Exhibit C
Fee Schedule
[ATTACHED]
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ATTACHMENT “C”
VENDOR QUOTE FORM
VENDOR NAME:
ADDRESS:
PHONE:
The undersigned, hereby declare that they have carefully examined the location of the proposed work,
familiarized themselves with the local conditions affecting the cost of the work, and have read and examined
the terms and conditions for the following Project:
TRAFFIC SIGNAL CONTROLLER CABINETS
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the Project in strict
accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE
PRICE.
Traffic Signal Controller Cabinet Quantity
(annual)
Cost per
Unit Total Cost
332L Anodized Complete with Plug ins and No
Controller 8
TOTAL VENDOR QUOTE
Total Number of Additional Pages:
I hereby declare under penalty of perjury that the foregoing is true and correct.
Submitted By: Title:
(Authorized Representative Signature)
Print Name:
Contractor’s License Number and Classification:
DIR Registration Number (if applicable): ____________________________
The term of this agreement will be from July 1, 2023 to Jun 30, 2024 WITH FOUR (4) 1 year option to extend.
Overall Pricing for Option Years MUST be indicated below:
OPTION YEAR OVERALL TOTAL COST (ALL ITEMS)
Option Year #1 July 1, 2024 to June 30, 2025 $
Option Year #2 July 1, 2025 to June 30, 2026 $
Option Year #3 July 1, 2026 to June 30, 2027 $
Option Year #4 July 1, 2027 to June 30, 2028 $
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works,
Operations and Maintenance
Department:Public Works
Subject:Agreement with JTB Supply Co, Inc. for the
Purchase of Traffic Intersection Signal Supplies
(All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with JTB
Supply Co., Inc., for the purchase of traffic signal supplies and related
components; and
2. Authorize the Director of Administrative Services to issue a purchase order in
the amount of $200,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase
Agreement with JTB Supply Co., Inc., for up to four additional one-year terms
for an amount not to exceed $200,000 annually.
Executive Summary
The City of San Bernardino has approximately 275 traffic intersections comprised of
various traffic signal components and hardware. Each traffic intersection requires
routine inspection and maintenance which includes replacement and repair of
components and related hardware. In order to maintain City infrastructure staff
recommends authorizing a purchase order in the amount of $200,000 for traffic signal
supplies and related components from JTB Supply Co., Inc. of Orange, CA.
Background
The Operations and Maintenance Division (O&M) of the Public Works Department is
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responsible for the maintenance, repair, beautification, and clean-up of City-owned
infrastructure and rights of way. In conjunction with the Public Works Engineering
Division, it is also responsible for ensuring the City’s traffic intersections are properly
maintained, inspected, upgraded, and repaired as needed. Routine inspections and
maintenance of traffic intersections is largely performed by in-house staff that are part
of the Traffic and Lighting work section of the O&M Division.
Discussion
The City of San Bernardino has approximately 275 traffic intersections comprised of
various traffic signal components and hardware. Each traffic intersection requires
routine inspection and maintenance which includes replacement and repair of
components and related hardware. In many instances, vandalism or traffic collisions
at intersections may necessitate the repair and replacement of damaged
components. Sun damage, wind, and end of component lifecycles are also
contributing factors in the replacement of components and related
hardware. Generally, the most critical traffic intersection supplies required for staff to
have readily available or in stock will consist of signal heads, back plates, pedestrian
buttons (ped), controller cabinets, red-yellow-green LED lights (in various sizes),
conflict monitors, ADA ped buttons, to list a few. Some specialized items also required
from time to time.
To ensure the City properly maintains and repairs its traffic intersection efficiently with
industry standard components and hardware, staff is requesting $200,000 for traffic
intersection signal supplies and related materials under this goods purchase
agreement.
The Operations and Maintenance Division of Public Works worked with the Finance
Department, and, in July of 2023, a formal bid process was initiated to solicit quotes
for traffic signal supplies and related materials. Notices were posted on the City’s
website.
The results of the bid opening yielded two qualified vendors as noted below. Both
vendors have provided services to the City in the past. In reviewing the results of the
bid solicitation, it was determined that JTB Supply Co, Inc. was the lowest vendor and
was therefore selected as the winning vendor. It is important to note this purchase
order will be set at $200,000 to allow for additional purchases should they be required.
To ensure the City continues operations uninterrupted and maintains costs within the
same range, approval of the Goods Purchase Agreement authorizes a one-year
agreement and four one-year extension options that would be executed
administratively by staff. This is beneficial to the City, not just in cost, but also with
reducing our administrative burden.
NAME OF BIDDER CITY UNIT COSTS
JTB Supply Co., Inc.Orange, CA $148,645.00
McCain, Inc.Anaheim, CA $174,555.70
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Staff are confident that JTB Supply Co, Inc. is qualified to provide the required traffic
intersection signal supplies and related materials. The City has worked with JTB
Supply Co., Inc. in the recent past and they have always provided quality products and
timely services.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target No. 3c: Improved Quality of Life: To evaluate
and enhance the quality of public safety service, and Key Target No. 3d: Improve the
City’s appearance, cleanliness, and attractiveness. The goods and services agreement
will ensure City traffic intersections are properly maintained and repaired as needed in
all economic corridors, neighborhoods, major thoroughfares, and secondary streets.
Fiscal Impact
The General Fund impact is $200,000 and is appropriated in the FY 2023/24 budget.
This amount will need to be programmed annually for additional four option years.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Goods Purchase Agreement with JTB
Supply Co., Inc., for the purchase of traffic signal supplies and related components;
and
2. Authorize the Director of Administrative Services to issue a purchase order in the
amount of $200,000; and
3. Authorize the City Manager or designee to extend the Goods Purchase Agreement
with JTB Supply Co., Inc., for up to four additional one-year terms for an amount
not to exceed $200,000 annually.
Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 Goods Purchase Agreement Exhibit C
Attachment 3 Summarized Cost Sheet
Attachment 4 Bid Documents– RFQ F-23-54
Ward
All Wards
Synopsis of Previous Council Actions
N/A
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this October 18,
2023, by and between the City of San Bernardino, a charter city and municipal corporation
organized under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and JTB Supply Co., Inc., a CALIFORNIA
CORPORATION with its principal place of business at 1030 N Batavia Street, Suite A,
Orange, CA 92867 (“Supplier”). City and Supplier are sometimes individually referred to
as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials,
labor or other services, including design, engineering and installation services, provided
by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by
reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be
delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer,
model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by
this Section 2 will be deemed to be defective material for purposes of Section 4. Where
machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular
standard, City will decide the question of equality. When requested by City, Supplier will
furnish City with the name of the manufacturer, the performance capabilities and other
pertinent information necessary to properly determine the quality and suitability of any
machines, equipment and material to be incorporated in the Goods. Material samples
will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If
upon inspection or testing the Goods or any portion thereof are found to be
nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet
any requirements or specifications contained in Exhibit “A,” then without prejudice to any
other rights or remedies, City may reject the Goods or exercise any of its rights under
Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment
for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s
failure to notify Supplier of a rejection of nonconforming goods or revocation of
acceptance thereof or to specify with particularity any defect in nonconforming goods after
rejection or acceptance thereof.
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Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free
from defects in design, engineering, material, and workmanship for a period of two (2)
years, or such longer period as provided by a manufacturer’s warranty or as agreed to by
Supplier and City, from the date of final written acceptance of the Goods by City as
required for final payment under Section 7. Supplier further warrants that any services
provided in connection with the Goods will be performed in a professional and
workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included
in the Goods will meet the performance requirements and specifications specified in
Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval,
or acceptance of any such machinery, equipment, or process will not relieve Supplier of
its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B,
Supplier will, immediately after receiving notice from City, at the option of City, and at
Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s
plant, office or other location of City where the Goods was originally performed or
delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to
City, including but not limited to, the costs of removal, repair, and replacement of the
defective Goods, and reinstallation of new Goods. All such defective Goods that is so
remedied will be similarly warranted as stated above. In addition, Supplier will repair or
replace other items of the Goods which may have been damaged by such defects or the
repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and
encumbrances whatsoever, that Supplier has a good and marketable title to same, and
that Supplier owns or has a valid license for all of the proprietary technology and
intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend,
and hold City harmless against any and all third-party claims resulting from the breach or
inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4,
City will not be limited to the remedies set forth in this Section 4, but will have all the rights
and remedies permitted by applicable law, including without limitation, all of the rights and
remedies afforded to City under the California Commercial Code.
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Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,”
attached hereto and incorporated herein by reference, are firm and shall not be subject
to change without the written approval of City. No extra charges of any kind will be
allowed unless specifically agreed to in writing by City’s authorized representative. The
total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll,
occupational and other taxes applicable to the Goods furnished to City hereunder; and
(ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make
changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an
equitable adjustment will be made in the price or time for performance or both. Any
change in the price necessitated by such change will be agreed upon between City and
Supplier and such change will be authorized by a change order document signed by City
and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment are net thirty (30) days, less any applicable retention,
after receipt of invoice, or completion of applicable Progress Milestones. Final payment
shall be made by City after Supplier has satisfied all contractual requirements. Payment
of invoices shall not constitute acceptance of the Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments
for the Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application by
Supplier during the progress of the Goods and according to the terms of payment as
specified in Exhibit “B.” The supplier’s progress billing invoice will include progress
payments due for the original scope of work and changes. Each “Item for Payment”
shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for
cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor
and/or supplier invoices attached to Supplier’s invoice. Other format and support
documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective
Goods not remedied, liens or other claims filed, reasonable evidence indicating probable
filing of liens or other claims, failure of Supplier to make payments properly to its
subcontractors or for material or labor, the failure of Supplier to perform any of its other
obligations under the Agreement, or to protect City against any liability arising out of
Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which
payment is withheld are removed, the withheld payments will be made promptly. If the
said causes are not removed within a reasonable period after written notice, City may
remove them at Supplier’s expense.
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D. Payment of the final Progress Milestone payment or any retention will be
made by City upon:
1. Submission of an invoice for satisfactory completion of the
requirements of a Progress Milestone as defined in Exhibit “B” and in the amount
associated with the Progress Milestone.
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of
this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be
entitled to file, claim, or maintain a lien of any kind or character, and containing an
averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may
furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to
City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment
pursuant to Section 7.D will constitute a waiver, release and discharge of any and all
claims and demands of any kind or character which Supplier then has, or can
subsequently acquire against City, its successors and assigns, for or on account of any
matter or thing arising out of, or in any manner connected with, the performance of this
Agreement. However, payment for the final Progress Milestone by City will not constitute
a waiver, release or discharge of any claims or demands which City then has, or can
subsequently acquire, against Supplier, its successors, and assigns, for or on account of
any matter or thing arising out of, or in any manner connected with, the performance of
this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.”
Supplier must immediately notify City in writing any time delivery is behind schedule or
may not be completed on schedule. In addition to any other rights City may have under
this Agreement or at law, Supplier shall pay City the sum of $10.00 per item of Goods for
each calendar day for which the item of Goods is unavailable beyond the scheduled
delivery date(s) specified in Exhibit “B.”
B. In the event that the Goods is part of a larger project or projects that require
the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in
scheduling the delivery so that City can maximize the efficient completion of such
project(s).
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Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value
added or gross receipts tax imposed similar to a sales and use tax) imposed by any
federal, state or local taxing authority on the ultimate purchase price of the Goods
provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to
withhold all required taxes and contributions of any federal, state or local taxing authority
which is measured by wages, salaries or other remuneration of its employees or the
employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a
timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price
of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all
taxes assessed by any taxing jurisdiction based on Supplier property used or consumed
in the provision of the Goods such as and including ad valorem, use, personal property
and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any
filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an
employee of City. Supplier shall have no power or authority by this Agreement to bind
City in any respect. Nothing in this Agreement shall be construed to be inconsistent with
this relationship or status. All employees, agents, contractors, or subcontractors hired or
retained by the Supplier are employees, agents, contractors or subcontractors of the
Supplier and not of City. City shall not be obligated in any way to pay any wage claims
or other claims made against Supplier by any such employees, agents, contractors or
subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in
Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials
or equipment, or any other part of the Goods, will require that the subcontractor be bound
by and subject to all of the terms and conditions of the Agreement. No subcontract or
order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s
insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed
and partially completed portions of the Goods upon delivery, as well as materials
delivered to and stored on City property which are intended to become a part of the
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Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the
materials caused by Supplier or its subcontractors, their agents or employees, and
Supplier will replace, or repair said Goods or materials at its own cost to the complete
satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid
Supplier for all or a portion of the Goods which remains in the possession of Supplier,
then City shall have title to, and the right to take possession of, such Goods at any time
following payment therefor. Risk of loss for any Goods which remains in the possession
of Supplier shall remain with Supplier until such Goods has been delivered or City has
taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property
used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials,
officers, employees, agents, subcontractors and subconsultants arising out of or in
connection with the Goods or the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys’ fees and other related
costs and expenses except such loss or damage which was caused by the sole
negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the City,
its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost,
expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that
may be rendered against City or its officials, officers, employees, agents, or volunteers,
in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its
officials, officers, employees, agents, and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per
occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property
damage, at least as broad as Insurance Services Office Commercial General Liability
most recent Occurrence Form CG 00 01;
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2. Automobile Liability Insurance for bodily injury and property damage
including coverage for owned, non-owned and hired vehicles, of at least $1,000,000
per accident for bodily injury and property damage, at least as broad as most recent
Insurance Services Office Form Number CA 00 01 covering automobile liability, Code
1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per
occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence
and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous
materials.
5. If Supplier is also the manufacturer of any equipment included in the
Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance
which covers said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per
occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial
or loss of service, and (4) the introduction, implantation or spread of malicious
software code, in a form and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on
Coverage. The policies required under this Section shall give City, its officials, officers,
employees, agents or volunteers additional insured status. Such policies shall contain a
provision stating that Supplier’s policy is primary insurance and that any insurance, self-
insurance or other coverage maintained by the City or any additional insureds shall not
be called upon to contribute to any loss and shall contain or be endorsed with a waiver of
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers.
The limits set forth herein shall apply separately to each insured against whom claims are
made or suits are brought, except with respect to the limits of liability. Requirements of
specific coverage or limits contained in this section are not intended as a limitation on
coverage, limits, or other requirement, or a waiver of any coverage normally provided by
any insurance. Any available coverage shall be provided to the parties required to be
named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed
with insurers with a current A.M. Best’s rating no less than A-: VII, licensed to do business
in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates
of insurance and endorsements effecting coverage required by the Agreement. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and
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approved by the City before delivery commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this
Section before commencing work. In addition, Supplier shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by
Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a
mechanic’s or other lien or claim of any kind or character against the Goods, for or on
account of any labor, materials, fixtures, tools, machinery, equipment, or any other things
furnished, or any other work done or performance given under, arising out of, or in any
manner connected with the Agreement (such liens or claims referred to as “Claims”); and
Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights
which they now have, or may subsequently acquire, to file or maintain any Claim and
Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims
will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all
Claims that may be filed by a subcontractor, supplier or any other person or entity and
Supplier will, at its own expense, defend any and all actions based upon such Claims and
will pay all charges of attorneys and all costs and other expenses arising from such
Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with
promptness and diligence, or to perform any of its other obligations under the Agreement,
City may terminate Supplier’s right to proceed with the delivery of the Goods by written
notice to Supplier. In such event City may obtain the Goods by whatever method it may
deem expedient, including the hiring of another contractor or other contractors and, for
that purpose, may take possession of all materials, machinery, equipment, tools and
appliances and exercise all rights, options and privileges of Supplier. In such case
Supplier will not be entitled to receive any further payments until the Goods is delivered.
If City’s cost of obtaining the Goods, including compensation for additional managerial
and administrative services, will exceed the unpaid balance of the Agreement, Supplier
will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with
the delivery of any portion or all of the Goods by written notice to Supplier. Such
termination will be effective in the manner specified in such notice, will be without
prejudice to any claims which City may have against Supplier, and will not affect the
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obligations and duties of Supplier under the Agreement with respect to portions of the
Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the
portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing
of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to
procure cancellation of all existing orders or contracts upon terms satisfactory to City;
and
3. Deliver only such portions of the Goods which City deems necessary
to preserve and protect those portions of the Goods already in progress and to protect
material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata
portion of the compensation in the Agreement for any portion of the terminated Goods
already delivered, including material and services for which it has made firm contracts
which are not canceled, it being understood that City will be entitled to such material and
services. Upon determination of the amount of said pro rata compensation, City will
promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens
and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City
for failure or delay in accepting goods described herein if such failure or delay is due to a
Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable
delay in the issuance of permits or approvals by governmental authorities that are
required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes
and other organized labor action occurring at the project site and the effects thereof on
the work, only to the extent such strikes and other organized labor action are beyond the
control of Supplier and its subcontractors, of every tier, and to the extent the effects
thereof cannot be avoided by use of replacement workers. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations and
orders, rules to protect the public health, welfare and safety, and other actions of the City
in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall
have the option either to reduce the quantity provided for in the order accordingly or to
exercise its right of cancellation as set forth in this Agreement.
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Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address or at such other address
as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
JTB Supply Co., Inc.
1030 N Batavia Street, Suite A
Orange, CA 92867
Attn: Mindy Myers
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest
in this Agreement whether by assignment or novation, without the prior written consent of
the City, which will not be unreasonably withheld. Provided, however, that claims for
money due or to become due Supplier from the City under this Agreement may be
assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished
promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel or otherwise.
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F. Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action
for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in
the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who
have signed this Agreement have the legal power, right and authority to make this
Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ
other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties relative to the Goods specified herein. There are no understandings,
agreements, conditions, representations, warranties or promises with respect to this
Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND JTB SUPPLY CO., INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
JTB SUPPLY CO., INC
Signature
Name
Title
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Exhibit A
Goods Specifications
Description Quantity
(annual)
Cost per
Unit Total Cost
8” 3 Section Signal Head w/LED’s, Louvered Back
and Tunnel Visors 10 394 3,940
12” 3 Section Signal Head w/LED’s (RYG),
Louvered Back Plates and Tunnel Visors 40 407 16,280
8” Louver Back-Plates, 3 Section 10 47 470
12” Louver Back-Plates, 3 Section 30 42 1,260
12” 5 Section In-Line Signal Head w/LED’s
(RYG,YA, GA), Louvered Back Plates and Tunnel
Visors
10 682 6,820
12” 5 Section “Doghouse” Style (MAS) w/LED’s
(RYG,YA,GA), Louvered Back Plates and Tunnel
Visors
5 935 4,675
8” Tunnel Visors 100 16 1,600
12” Tunnel Visors 200 19 3,800
Pedestrian Housing (Clam Shell) Hand/Man w/LED 30 238 7,140
DC Isolator 222 25 43 1,075
Load Switch 200 100 24 2,400
Flasher 204 100 24 2,400
Detector 222 50 147 7,350
Ped-button, ADA 150 52 7,800
Ped-button Assembly w/ADA Button and directional
signs 100 123 12,300
Conflict Monitor 210 15 578 8,670
Conflict Monitor 2010 ECL 10 825 8,250
Framework (Bronze), SV-1-T (LOD) for 12” 3
section head 10 283 2,830
Framework (Bronze), SV-2-T for 12” 3 section
head 10 350 3,500
Framework (Bronze), TV-1-T (LOD) for 12 “ 3
section head 10 398 3,980
Framework (Bronze), TV-2-T for 12” 3 section
heads 10 467 4,670
Framework (Bronze), TV-2-T 12” 5 section
(LOD), 12” 3 section (ROD)5 487 2,435
Framework (Bronze), SP-1-T 10 268 2,680
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Description Quantity
(annual)
Cost per
Unit Total Cost
Framework (Bronze), SP-2-T 10 332 3,320
8” Red LED 40 36 1,440
8” Yellow LED 12 40 480
8” Green LED 40 40 1,440
12” Red LED Ball 100 39 3,900
12” Yellow LED Ball 20 43 860
12” Green LED Ball 100 42 4,200
12” Red Arrows 50 47 2,350
12” Yellow Arrows 20 44 880
12” Green Arrows 50 46 2,300
Pedestrian Module Hand/Man (Count Down)50 160 8,000
24VDC Power Supply 206 10 315 3,150
TOTAL VENDOR QUOTE $148,645
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Exhibit B
Delivery Schedule
Supplies must be ready to be delivered no longer than 30 days after orders are placed
(notwithstanding national supply-chain issues).
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REQUEST FOR VENDOR QUOTES
FOR
CITY OF SAN BERNARDINO
FOR
TRAFFIC SIGNAL SUPPLIES
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.ci.san-bernardino.ca.us/
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
REQUEST FOR VENDOR PRICE QUOTES
PROJECT NO. RFQ F-23-54
TRAFFIC SIGNAL SUPPLIES
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San
Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00
P.M., Thursday, August 10, 2023. Quotes may NOT be submitted by fax, email, telephone, mail, hand
delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the
Vendor unopened.
The award of this contract is subject to available budget adequate to carry out the provisions of the proposed
agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.
The City is committed to inclusion and diversity and welcomes proposals and bids from contractors,
consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender
identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism,
bigotry, hatred, bullying, or violence towards any group within or outside of our community.
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors1 (“Vendors”) for Traffic Signal Supplies
(“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the
Project/Equipment, as described below.
The City of San Bernardino is soliciting quotes for the purchase of Traffic Signal Supplies
A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”,
attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such
Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the
successful Vendor shall be set forth in the Goods Agreement (“Agreement”) executed by and between City and
the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated
herein by this reference.
B. Project Manager
The Project Manager for the City regarding this request will be Mayra Calderon, Buyer, Finance
Department, purchasing@sbcity.org or a designated representative, who will coordinate the assistance to be
provided by the City to the Vendor.
C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be
requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must
be received in writing no later than July 24, 2023, by 3:00pm local time.
D. Meeting
There is no meeting
1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or
joint venture.
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E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may in any
way affect the performance of the work; shall familiarize themselves with all federal, state and local laws,
ordinances, rules, regulations, and codes affecting the performance of the Project/Equipment; make such
investigations, as it may deem necessary for performance of the Project/Equipment at its Quote within the
terms of the Agreement; and correlate its observations, investigations, and determinations with the
requirements of the Agreement.
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00pm local time, on or before August 10, 2023, through
PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in
proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only
consider Quotes that have transmitted successfully and have been issued a confirmation number with a time
stamp from PlanetBids indicating that the Quote was submitted successfully.
Vendors experiencing any technical difficulties with the Quote submission process may contact
PlanetBids Support at (818) 992-1771. Neither the City nor PlanetBids make any guarantee as to the timely
availability of assistance or assurance that any given problem will be resolved by the Quote submission date
and/or time.
Vendors to provide a Quote for the scope of Project/Equipment as set forth in in the Vendor Quote
Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a
Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the
terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to
the request, including but not limited to, the Agreement.
G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply
or work or service at the lowest quotation or determined to be in the best interest of the City. During the
evaluation process, the City reserves the right, to request additional information or clarifications from Vendors,
or to allow corrections of errors or omissions.
H. General Conditions
1. General: It is solely the responsibility of the Vendor to see that its Quote is properly
submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late
Quotes.
2. Amendments to Request: The City reserves the right to amend the request or issue to all
Vendors addenda to answer questions for clarification.
3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or
incomplete.
4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing
any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain
all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.
5. Price Validity: Quotes provided by Proposers in response to this request are valid for 180
days from the due date. The City intends to award the Agreement within this time but may request an
extension from the Vendors to hold pricing, until negotiations are complete, and the Agreement is awarded.
6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within
14 working days of the contract being awarded and must complete all Project/Equipment within 180 “working”
days.
7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all cost
and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans,
documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the
necessary insurance as required by the Agreement and a City business license.
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8. Vendor License: Pursuant to Section 7028.15 of the Business and Professions Code and
Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this
Agreement.
[END OF SECTION]
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ATTACHMENT “A”
TRAFFIC SIGNAL SUPPLIES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination,
permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project
pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of
the project work and/or goods to be provided.
The City of San Bernardino is soliciting bids for the purchase of Traffic Signal Supplies as specified in our Unit
Price Sheet (Attachment C). Other requirements include the following:
•It is highly desired that the selected vendor must be able to provide ALL items in the listing below
“Attachment C”; however, some flexibility will be allowed due to current national supply chain issues.
•Warranty for all products and supplies (defects and/or shipping damages). Standard warranty for full
replacement if damaged via shipping and/or minimum of one-year defect free.
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ATTACHMENT “B”
CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of
[***INSERT MONTH***], 2021, by and between the City of San Bernardino, a charter city and
municipal corporation organized under the laws of the State of California with its principal place of
business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY -
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with
its principal place of business at [***INSERT ADDRESS***] (“Supplier”). City and Supplier are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or
other services, including design, engineering and installation services, provided by Supplier as
specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to
City, ready for approval, testing and/or use as specified in Exhibit “B.”
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade
name, no substitution will be made without City’s written approval. Machinery, equipment or material
installed in the Goods without the approval required by this Section 2 will be deemed to be defective
material for purposes of Section 4. Where machinery, equipment or materials are referred to in
Exhibit “A” as equal to any particular standard, City will decide the question of equality. When
requested by City, Supplier will furnish City with the name of the manufacturer, the performance
capabilities and other pertinent information necessary to properly determine the quality and suitability
of any machines, equipment and material to be incorporated in the Goods. Material samples will be
submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon
inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory,
defective, of inferior quality or workmanship, or fail to meet any requirements or specifications
contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the
Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection,
acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming
goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or
revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods
after rejection or acceptance thereof.
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Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects
in design, engineering, material, and workmanship for a period of two (2) years, or such longer period
as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final
written acceptance of the Goods by City as required for final payment under Section 7. Supplier
further warrants that any services provided in connection with the Goods will be performed in a
professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the
Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be
fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such
machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will,
immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and
without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office
or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City,
including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and
reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted
as stated above. In addition, Supplier will repair or replace other items of the Goods which may have
been damaged by such defects or the repairing of the same, all at its own expense and without cost
to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances
whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a
valid license for all of the proprietary technology and intellectual property incorporated within the
Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party
claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not
be limited to the remedies set forth in this Section 4, but will have all the rights and remedies
permitted by applicable law, including without limitation, all of the rights and remedies afforded to City
under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached
hereto and incorporated herein by reference, are firm and shall not be subject to change without the
written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in
writing by City’s authorized representative. The total price shall include (i) all federal, state and local
sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished
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to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in
the Goods, including but not limited to, City’s requirements and specifications. If such changes affect
the cost of the Goods or time required for its performance, an equitable adjustment will be made in
the price or time for performance or both. Any change in the price necessitated by such change will
be agreed upon between City and Supplier and such change will be authorized by a change order
document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of
invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after
Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute
acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods
will be made as the requirements of such Progress Milestones are met. Progress payments for the
Goods will be made by City upon proper application by Supplier during the progress of the Goods and
according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will
include progress payments due for the original scope of work and changes. Each “Item for Payment”
shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus
work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices
attached to Supplier’s invoice. Other format and support documents for invoices will be determined
by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not
remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other
claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the
failure of Supplier to perform any of its other obligations under the Agreement, or to protect City
against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If
the causes for which payment is withheld are removed, the withheld payments will be made promptly.
If the said causes are not removed within a reasonable period after written notice, City may remove
them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City
upon:
1. Submission of an invoice for satisfactory completion of the requirements of a
Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress
Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this
Agreement; and
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5. Delivery of an affidavit listing all persons who might otherwise be entitled to file,
claim, or maintain a lien of any kind or character, and containing an averment that all of the said
persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond
satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to
Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any
kind or character which Supplier then has, or can subsequently acquire against City, its successors
and assigns, for or on account of any matter or thing arising out of, or in any manner connected with,
the performance of this Agreement. However, payment for the final Progress Milestone by City will
not constitute a waiver, release or discharge of any claims or demands which City then has, or can
subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or
thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement. The Goods
will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately
notify City in writing any time delivery is behind schedule or may not be completed on schedule. In
addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the
sum of $[***INSERT AMOUNT***] per item of Goods for each calendar day for which the item of
Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.”
B. In the event that the Goods is part of a larger project or projects that require the
coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the
delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross
receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing
authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all
required taxes and contributions of any federal, state or local taxing authority which is measured by
wages, salaries or other remuneration of its employees or the employees of its subcontractors.
Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing
authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the
Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by
any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods
such as and including ad valorem, use, personal property and inventory taxes will be the
responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings or
payments of all taxes required to be paid by Supplier hereunder.
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Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of
City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All
employees, agents, contractors or subcontractors hired or retained by the Supplier are employees,
agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in
any way to pay any wage claims or other claims made against Supplier by any such employees,
agents, contractors or subcontractors or any other person resulting from performance of this
Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all
subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other
part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and
conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City,
including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or
order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially
completed portions of the Goods upon delivery, as well as materials delivered to and stored on City
property which are intended to become a part of the Goods. However, Supplier will be liable for any
loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their
agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the
complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid
Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall
have title to, and the right to take possession of, such Goods at any time following payment therefor.
Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier
until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of
loss or damage to Supplier’s property used in the construction of the Goods but which does not
become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful
misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants
arising out of or in connection with the Goods or the performance of this Agreement, including without
limitation the payment of all consequential damages and attorneys’ fees and other related costs and
expenses except such loss or damage which was caused by the sole negligence or willful misconduct
of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the City, its officials, officers,
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employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall
pay and satisfy any judgment, award, or decree that may be rendered against City or its officials,
officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding.
Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/
$4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as
Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including
coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily
injury and property damage, at least as broad as most recent Insurance Services Office Form
Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements
and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods,
Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said
equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence
and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4)
the introduction, implantation or spread of malicious software code, in a form and with insurance
companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The
policies required under this Section shall give City, its officials, officers, employees, agents or
volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s
policy is primary insurance and that any insurance, self-insurance or other coverage maintained by
the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain
or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees,
agents, and volunteers. The limits set forth herein shall apply separately to each insured against
whom claims are made or suits are brought, except with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation
on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any
insurance. Any available coverage shall be provided to the parties required to be named as
additional insured pursuant to this Agreement.
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C. Insurance Carrier. All insurance required under this Section is to be placed with
insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California,
and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance
and endorsements effecting coverage required by the Agreement. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and
endorsements must be received and approved by the City before delivery commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before
commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have
adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or
other lien or claim of any kind or character against the Goods, for or on account of any labor,
materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done
or performance given under, arising out of, or in any manner connected with the Agreement (such
liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive
and relinquish any and all rights which they now have, or may subsequently acquire, to file or
maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the
right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may
be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own
expense, defend any and all actions based upon such Claims and will pay all charges of attorneys
and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and
diligence, or to perform any of its other obligations under the Agreement, City may terminate
Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event
City may obtain the Goods by whatever method it may deem expedient, including the hiring of
another contractor or other contractors and, for that purpose, may take possession of all materials,
machinery, equipment, tools and appliances and exercise all rights, options and privileges of
Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is
delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and
administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for
and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery
of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in
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the manner specified in such notice, will be without prejudice to any claims which City may have
against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with
respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the
Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for
materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure
cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve
and protect those portions of the Goods already in progress and to protect material, plant and
equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the
compensation in the Agreement for any portion of the terminated Goods already delivered, including
material and services for which it has made firm contracts which are not canceled, it being
understood that City will be entitled to such material and services. Upon determination of the amount
of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by
Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure
or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring
at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities
(including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or
approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or
quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site
and the effects thereof on the work, only to the extent such strikes and other organized labor action
are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects
thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect
the public health, welfare and safety, and other actions of the City in its capacity as a municipal
authority.
C. In the event of any such excused interference with shipments, City shall have the option
either to reduce the quantity provided for in the order accordingly or to exercise its right of
cancellation as set forth in this Agreement.
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be
given to the respective parties at the following address or at such other address as the respective
parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this
Agreement whether by assignment or novation, without the prior written consent of the City, which will
not be unreasonably withheld. Provided, however, that claims for money due or to become due
Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee
in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or
involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Bernardino County.
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Project No. RFQ F-23-54
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall
pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation
of this Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to make this Agreement and bind
each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other
contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relative to the Goods specified herein. There are no understandings, agreements, conditions,
representations, warranties or promises with respect to this Agreement, except those contained in or
referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may
be executed by electronic or digital signature, which shall be considered as an original signature for
all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first
above written.
CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
[***INSERT SUPPLIER NAME***]
DO NOT SIGN FOR REVIEW
PURPOSES ONLY
Signature
Name
Title
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
Exhibit A
Goods Specifications
[ATTACHED]
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
Exhibit B
Delivery Schedule
[ATTACHED]
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
Exhibit C
Fee Schedule
[ATTACHED]
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
ATTACHMENT “C”
VENDOR QUOTE FORM
VENDOR NAME:
ADDRESS:
PHONE:
The undersigned, hereby declare that they have carefully examined the location of the proposed work,
familiarized themselves with the local conditions affecting the cost of the work, and have read and examined
the terms and conditions for the following Project:
TRAFFIC SIGNAL SUPPLIES
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services,
and to discharge all duties and obligations necessary and required to perform and complete the Project in strict
accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE
PRICE.
Description Quantity
(annual)
Cost per
Unit Total Cost
8” 3 Section Signal Head w/LED’s, Louvered Back
and Tunnel Visors 10
12” 3 Section Signal Head w/LED’s (RYG),
Louvered Back Plates and Tunnel Visors 40
8” Louver Back-Plates, 3 Section 10
12” Louver Back-Plates, 3 Section 30
12” 5 Section In-Line Signal Head w/LED’s
(RYG,YA, GA), Louvered Back Plates and Tunnel
Visors
10
12” 5 Section “Doghouse” Style (MAS) w/LED’s
(RYG,YA,GA), Louvered Back Plates and Tunnel
Visors
5
8” Tunnel Visors 100
12” Tunnel Visors 200
Pedestrian Housing (Clam Shell) Hand/Man w/LED 30
DC Isolator 222 25
Load Switch 200 100
Flasher 204 100
Detector 222 50
Ped-button, ADA 150
Ped-button Assembly w/ADA Button and directional
signs 100
Conflict Monitor 210 15
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
Description Quantity
(annual)
Cost per
Unit Total Cost
Conflict Monitor 2010 ECL 10
Framework (Bronze), SV-1-T (LOD) for 12” 3
section head 10
Framework (Bronze), SV-2-T for 12” 3 section
head 10
Framework (Bronze), TV-1-T (LOD) for 12 “ 3
section head 10
Framework (Bronze), TV-2-T for 12” 3 section
heads 10
Framework (Bronze), TV-2-T 12” 5 section
(LOD), 12” 3 section (ROD)5
Framework (Bronze), SP-1-T 10
Framework (Bronze), SP-2-T 10
8” Red LED 40
8” Yellow LED 12
8” Green LED 40
12” Red LED Ball 100
12” Yellow LED Ball 20
12” Green LED Ball 100
12” Red Arrows 50
12” Yellow Arrows 20
12” Green Arrows 50
Pedestrian Module Hand/Man (Count Down)50
24VDC Power Supply 206 10
TOTAL VENDOR QUOTE
Total Number of Additional Pages:
I hereby declare under penalty of perjury that the foregoing is true and correct.
Submitted By: Title:
(Authorized Representative Signature)
Print Name:
Contractor’s License Number and Classification:
DIR Registration Number (if applicable): ____________________________
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-23-54
The term of this agreement will be from July 1, 2023 to Jun 30, 2024 WITH FOUR (4) 1 year option to extend.
Overall Pricing for Option Years MUST be indicated below:
OPTION YEAR OVERALL TOTAL COST (ALL ITEMS)
Option Year #1 July 1, 2024 to June 30, 2025 $
Option Year #2 July 1, 2025 to June 30, 2026 $
Option Year #3 July 1, 2026 to June 30, 2027 $
Option Year #4 July 1, 2027 to June 30, 2028 $
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Amendment No. 1 to Agreement with Infrastructure
Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the extension of Amendment No. 1 Professional Services
Agreement with Infrastructure Engineers, A Bowman Company, until October 18,
2024, for construction management and inspections services for the creation and
installation of Advanced Dilemma Zone Detection system at 49 signalized intersections
on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Executive Summary
Advanced Dilemma Zone Detection Systems improve safety by measuring vehicle
speeds and flows and adjusting yellow-signal phases based on these observations to
reduce rear-end crashes associated with unsafe stopping, and angle crashes due to
vehicles illegally continuing into the intersection during the red phase.
This project involves the construction and installation of the Advanced Dilemma Zone
Detection system at 49 signalized intersections on three corridors: Baseline Street,
Mount Vernon Avenue, and Highland Avenue. The extension of the Professional
Service Agreement will provide construction management and inspections services for
the project and not lead to any costs beyond the amount initially awarded by the Mayor
and the City Council.
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 roads not owned by the State and roads on tribal land. The
HSIP requires a data-driven, strategic approach to improving highway safety on all
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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
924). The HSIP consists of three main components: the Strategic Highway Safety Plan
(SHSP), State Highway Safety Improvement Projects (HSIP), and the Railway-
Highway Crossing Program (RHCP). In addition, some states also have a High-Risk
Rural Roads (HRRR) program if an area has had an increase of fatalities on rural
roads.
The announcement for project submissions from HSIP Cycle 9’s came in May of 2018.
In August 2018, the City of San Bernardino submitted an application to obtain funding
for construction and installation of an Advanced Dilemma Zone Detection System for
49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue,
and Highland Avenue. On December 27, 2018, the City received a HSIP grant in the
amount of $4,341,400 to carry out the project.
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 the Capital Improvement Plan (CIP) TC20-008 project to provide construction
and installation of Advanced Dilemma Zone Detection systems at 49 signalized
intersections on three corridors: Baseline Street, Mt. Vernon Avenue, and Highland
Avenue; and established $4,341,400 in HSIP Grant funds to support the project. The
Design for the project was completed in July 2021 by Iteris Corporation at a total cost
of $339,547.
Discussion
On June 15, 2022, the Mayor and City Council awarded Infrastructure Engineers a
Professional Services Agreement for overseeing construction management (CM) and
inspection services related to the installation of the Advanced Dilemma Zone Detection
system at 49 signalized intersections along three corridors: Baseline Street, Mount
Vernon Avenue, and Highland Avenue. Additionally, on the same date, Elecnor Belco
Electric Inc. was granted a construction contract for implementing the improvements
necessary for the dilemma zone project.
Following a pre-construction meeting held between City staff and the CM team, Elecnor
Belco Electric Inc. requested the termination of their contract on September 13, 2022,
citing price escalations for traffic signal poles, traffic signal controller cabinets, traffic
signal controllers, software, conflict monitors, and additional labor cost increases.
Construction was subsequently delayed as these issues were being addressed.
Infrastructure Engineers’ responsibility for project oversight was placed on hold during
this period while efforts were made to resolve Elecnor Belco Electric Inc.'s concerns.
After an extensive period of legal assistance provided by the City's legal team spanning
from September 2022 to August 2023, along with consultations involving staff from
Caltrans District 8 and the Federal Highway Administration, a consensus was reached.
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It was determined that the most favorable course of action for both the City and Elecnor
Belco Electric Inc. was to proceed with the construction phase. With input from Caltrans
District 8 staff, it was concluded that Elecnor Belco Electric Inc. had no valid grounds
for requesting a cost increase prior to commencing construction. As a result, Caltrans
recommended to proceed with the construction project in accordance with the original
bid documents. Elecnor Belco Electric Inc. was duly notified of this decision, and a
Notice to Proceed has been issued to initiate the procurement of materials for the
project.
During the dispute, the Infrastructure Engineers' contract expired on June 15, 2023. To
continue work on the project, it is recommended that the contract be extended to
October 18, 2024.
The total design and construction cost for the project is estimated to be $4,340,947.
The design phase of the project was completed at cost amount of $339,547, leaving
$4,001,400 for the construction cost. The overall construction costs of the project are
as follows:
Construction Bid Amount $3,757,314.00
Construction Contingency $122,026.00
Construction Engineering & Inspections $122,060.00
Total Construction Project Cost $4,001,400.00
Total Design Cost $339,547.00
Total Construction Cost $4,001,400.00
Total Design and Construction Cost $4,340,947.00
Available Grant Fund Amount $4,341,400.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Improved Operational & Financial
Capacity – Create a framework for spending decisions. Approval of this resolution will
result in the execution of public improvements which minimize risk and litigation
exposure by upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact associated with this item. The extension of the
proposed term also has no impact on the cost of the project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the extension of Amendment No. 1 Professional Services
Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024,
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for construction management and inspections services for the creation and installation
of Advanced Dilemma Zone Detection system at 49 signalized intersections on three
corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
Attachments
Attachment 1 Amendment No. 1 to Agreement – Infrastructure Engineers
Attachment 2 Professional Services Agreement with Infrastructure Engineers
Ward:
First Ward; Second Ward; Third Ward; Sixth Ward; Seventh Ward
Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168
approving Capital Program FY 2019/20.
June 15, 2022 Mayor and City Council awarding Professional Services
Agreement to Infrastructure Engineers for construction
management and inspection services for the installation of
advanced dilemma zone detection at 49 intersections to on
three corridors: Baseline Street, Mount Vernon Avenue, and
Highland Avenue.
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AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
This Amendment No. 1 to the Professional Services Agreement for project
management services is made and entered into as of October 18, 2023, by and between
the City of San Bernardino, a charter city and municipal corporation (“City”) and
Infrastructure Engineers, a Bowman Company 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
June 15, 2022, for the purpose of providing construction management and inspections
services for the construction and installation of Advanced Dilemma Zone Detection
system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon
Avenue, and Highland Avenue (the “Master Agreement”);
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
October 18, 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 October 18, 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
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Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
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 E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
INFRASTRUCTURE ENGINEERS, a
BOWMAN COMPANY
Signature
Name
Title
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8
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager
Suzie H. Soren, Director of Human Resources
Department:Human Resources
Subject:Employment Agreement for the Position of City
Manager
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Mayor to execute an employment agreement for the position
of City Manager with Charles A. Montoya to commence on October 30, 2023.
Executive Summary
Approving an employment agreement for the position of City Manager, effective
October 30, 2023.
Background
On October 11, 2023, the Mayor and City Council discussed and provided direction
to prepare an Employment Agreement appointing Charles A. Montoya as the City
Manager effective October 30, 2023, for approval on October 18, 2023.
Discussion
The employment agreement presented in Exhibit "A" sets forth the terms of
employing the City Manager with a commencement date of October 30, 2023, and
continuing for a term of three (3) years. Other terms regarding additional benefits
and standard employment provisions are set forth in the employment agreement.
2021-2025 Strategic Targets and Goals
The authorization to execute the employment agreement aligns with Key Target No.
2: Focused, Aligned Leadership and Unified Community.
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1
5
8
6
Fiscal Impact
The costs of salary and benefits for the City Manager are included in the FY 2023/24
Operating Budget
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Mayor to execute an employment agreement for the position
of City Manager with Charles A. Montoya to commence on October 30, 2023.
Attachments
Attachment 1: Exhibit “A” – City Manager Employment Agreement
Attachment 2 – Resume
Ward:
All Wards
Synopsis of Previous Council Actions:
On October 11, 2023, the appointment of Charles A. Montoya was approved with
direction to prepare and present an employment agreement on October 18, 2023.
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CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is entered into as of
the 18th day of October, 2023 (the “Effective Date”), between the City of San Bernardino
(hereinafter referred to as the “City”) and Charles Montoya (hereinafter referred to as
the “City Manager” or the “Employee”). City and City Manager/Employee are
sometimes referred to in this Agreement as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, it is the desire of the Mayor and City Council of the City to retain the
services of Employee as City Manager; and
WHEREAS, Employee is competent, trained and qualified for the position of City
Manager; and
WHEREAS, it is the desire of the Mayor and City Council to provide certain
benefits, establish certain conditions of employment and to set certain working
conditions of the City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and promise
as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
1.1 Duties.
The City Manager shall perform those duties and have those
responsibilities that are commonly assigned to a city manager of a city in California, and
as may be further set forth in the City’s Charter and Municipal Code. City Manager shall
perform such other legally permissible and proper duties and functions consistent with
the Office of the City Manager, as the Mayor and City Council shall from time to time
assign. It is expected that City Manager shall abide by the ICMA Code of Ethics. City
Manager is encouraged to participate in community and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City
of San Bernardino subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work
It is recognized that City Manager devotes a great deal of time outside the
normal office hours-schedule, and to that end, Employee shall be allowed to establish an
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appropriate work schedule recognizing the normal City work schedule and community
meetings.
1.4 Devotion to City Business
The City Manager’s position is full-time. City Manager shall not engage in
any business, educational, professional, charitable, or other activities that would conflict
or materially interfere with performance of his City Manager duties, except as may be
specifically authorized by the Mayor and City Council.
2. Term.
This Agreement shall be for a term of three (3) years commencing from and
after October 30, 2023 (“Commencement Date”), and ending at midnight Pacific standard
time on October 30, 2026, unless terminated earlier in accordance with Section 11.
3. Compensation.
3.1 Salary
City agrees to pay City Manager, and City Manager agrees to accept from
City, as compensation for services rendered by City Manager pursuant to this
Agreement, an annual base salary, commencing on the Commencement Date, the annual
base salary shall be in the amount of Three Hundred and Twenty Five Thousand Dollars
($325,000.00) (hereinafter “Annual Base Salary”), payable in installment payments in the
same manner and at the same times as salaries of other executive managers of the City
are paid.
Commencing October 30, 2023 and each year thereafter, said Annual Base
Salary shall be automatically increased by the percentage change to the Consumer Price
Index for All Urban Consumers (CPI–U) for the Riverside-San Bernardino-Ontario area
for the preceding 12 months ending in July (subject to a 5% maximum cap) (“CPI
Increase”).
The term “Annual Base Salary” as used in this Agreement shall also include
any such adjustments approved by the Mayor and City Council other than payments not
eligible to be added to the City Manager’s Annual Base Salary pursuant to the terms of
any applicable salary resolution of City.
Agreement.
Any salary adjustment shall be memorialized by an amendment to this
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3.2 Benefits
Except for such benefits as are inconsistent with this Agreement (including,
for example any CPI Increase) or the position of City Manager, City Manager shall receive
all such other benefits and compensation that are generally applicable to new Executive
employees of the City as set forth in the Executive Compensation and Benefits Plan
approved by Resolution No. 2022-59 (as amended by the Side Letter executed October 18,
2022), as the same may be modified from time to time after the date of this Agreement,
including but not limited to CalPERS retirement benefits, health insurance, life insurance,
holidays, administrative leave, vacation leave, executive leave, and sick leave. In the
event the City Manager’s employment is terminated, either voluntarily or involuntarily,
the City Manager shall be compensated for accrued leave in accordance with the
Executive Compensation and Benefits Plan.
3.3 Relocation Benefit
City Manager shall receive a one-time relocation benefit of up to $10,000 to
cover the costs associated with relocating to work for the City. Such relocation benefit
shall be payable to City Manager upon presentation of receipts showing expenses related
to City Manager’s relocation.
4. Performance Evaluation.
The Mayor and Council shall review the City Manager’s job performance at
least once annually. The City Manager shall remind the Mayor and Council of its
obligations under this Section each year and shall work with the Mayor and Council in
finding an appropriate time to place his annual evaluation on the agenda. The Mayor
and Council shall in writing and in accordance with criteria established by the Mayor and
Council in consultation with the City Manager, develop the annual performance reviews
and evaluations. The Mayor and Council shall provide the City Manager a reasonable
and adequate opportunity to discuss the City Manager's evaluation with the Mayor and
Council.
The annual performance reviews and evaluations shall be reasonably
related to the City Manager's written job description and shall be based, in whole or in
part, on goals for the City Manager's performance that are jointly developed and adopted
by the Mayor and Council and the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City
Manager under any law or ordinance.
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6. Vehicle Allowance.
City agrees to pay to the City Manager, during the term of this Agreement
and in addition to other salary and benefits herein provided a vehicle allowance as
provided in Resolution No. 2018-171 as amended or its successor.
7. [Intentionally Omitted]
8. General Business Expenses
8.1 City agrees to budget and pay for professional dues and
subscriptions for City Manager necessary for Employee’s continuation and participation
in national, regional, state and local boards, task-forces, conferences and meetings,
associations and organizations desirable for City Manager’s continued participation,
professional growth, and advancement, and for the benefit of the City.
8.2 City agrees to budget and pay for travel and subsistence expenses of
City Manager for professional and official travel, board and task-force meetings,
conferences, and occasions to adequately continue the professional development of City
Manager and to pursue necessary official functions for City.
8.3 City recognizes that the City Manager may incur expenses of a non-
personal, job-related nature that are reasonably necessary to the City Manager’s service
to the City. The City agrees to either pay such expenses in advance or to reimburse the
expenses, so long as the expenses are incurred and submitted in accordance with the
City’s normal expenditure reimbursement procedures. To be eligible for reimbursement,
all expenses must be supported by documentation meeting the City’s normal
requirements and must be submitted within time limits established by the City.
9. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City
Manager is convicted of a crime involving an abuse of Employee’s office or position, all
of the following shall apply: (1) if Manager is provided with administrative leave pay
pending an investigation, City Manager shall be required to fully reimburse City such
amounts paid; and (2) if City pays for the criminal legal defense of City Manager (which
would be in its sole discretion, as it is generally not obligated to pay for a criminal
defense), City Manager shall be required to fully reimburse City such amounts paid; and
(3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to
the termination that City Manager may receive from City shall be fully reimbursed to
City or void if not yet paid to City Manager. For purposes of this Section, abuse of office
or position means either: (1) an abuse of public authority, including waste, fraud, and
violation of the law under color of authority; or (2) a crime against public justice,
including, but not limited to, a crime described in Title 7 (commencing with Section 92)
of Part 1 of the Penal Code.
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10. Notices.
Any notice required or permitted by this Agreement shall be in writing and
shall be personally served upon the other Party, or sent by United States Postal Service,
postage prepaid and addressed to the appropriate Party as follow:
If to City: Attn: Mayor and City Council
City of San Bernardino
If to City Manager: Personal Address on File
City Manager
Notice shall be deemed given as of the date of personal service or upon the
date of deposit in the course of transmission with the United States Postal Service.
11. Termination.
11.1 At-Will Employee
City Manager shall serve at the will and pleasure of the Mayor and City
Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of the Mayor and City Council to suspend from duty, remove from office or
otherwise terminate the services of City Manager at any time, at the sole discretion of the
Mayor and City Council. This Agreement may be terminated as follows.
11.2 Termination – Mayor and Council Vote
The Mayor and City Council may remove the City Manager with or without
cause by motion adopted by five (5) affirmative votes of the Mayor and City Council.
11. 3 Resignation
City Manager may voluntarily resign his position as City Manager, after
giving City at least sixty (60) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the Mayor and City Council.
In the event the City Manager resigns from his employment with City, the City Manager
shall not be entitled to any Severance Pay.
11.4 Death
If, during the Term or any extended Term, the City Manager dies, the City
Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to
any additional compensation or payment, including Severance Pay.
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11.5 Disability
In the event the City Manager is permanently disabled or is otherwise
unable to perform his duties because of sickness, accident, injury, or mental incapacity
for a period of six (6) consecutive months, the City may terminate the City Manager’s
employment and this Agreement.
11.6 For Cause Termination
The City Council may remove the City Manager For Cause at any time
without prior notice by motion adopted by the affirmative votes of a majority of the City
Council. “For Cause” for purposes of this Agreement shall mean any of the following:
(a) Conviction of, or plea of guilty or nolo contendre to, any crime or
offense (other than minor traffic violations or similar offenses) which is likely to
have a material adverse impact on the City or on the City Manager’s reputation;
(b) Gross misconduct which is likely to have a material adverse impact
on the City or on the City Manager’s reputation;
(c) Proven failure of the Manager to observe or perform any of his duties
and obligations, if that failure continues for a period of thirty (30) days from the
date of his receipt of notice from the City Council specifying the acts or omissions
deemed to amount to that failure; or
(d) Any other action or inaction by the City Manager that materially and
substantially impedes or disrupts the performance of the City and its
organizational component units, is detrimental to employee or public safety,
violates properly established rules or procedures, or adversely affects the
reputation of the City, its officers, or its employees.
11.7 Severance Pay
In the event this Agreement is terminated pursuant to Section 11.2 of this
Agreement, the City Manager shall receive a severance payment, in a lump sum, equal
to twelve (12) months of City Manager’s then monthly Base Salary or, if lesser, an amount
equal to the Annual Base Salary remaining on the unexpired term of the contract
(“Severance Pay”). Such severance payment shall be City Manager’s sole remedy for
termination under Section 11.2 of this Agreement. The Severance Pay shall only be paid
after the City Manager executes a waiver and release agreement prepared by the City
Attorney in a form substantially similar to that one set forth as Exhibit “A” to this
Agreement. Government Code section 53260 provides that all contracts of employment
with a city manager must include a provision limiting the maximum cash settlement for
the termination of the contract to the monthly salary multiplied by the number of months
left on the unexpired term.
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City Manager shall not be eligible for Severance Pay if this Agreement is
terminated for any reason other than pursuant to Section 11.2 of this Agreement.
12. General Provisions.
12.1 This writing constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior oral or written
representations or written agreements on the subject matter hereof, which may have been
entered into between the parties. No modification or revision to this Agreement shall be
of any force or effect, unless the same is in writing and executed by the Parties hereto.
12.2 Each Party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any Party, which are not embodied herein and that any
agreement, statement, or promise not contained in this Agreement shall not be valid or
binding on either Party.
12.3 If any provision, or portion thereof, contained in the Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
12.4 This Agreement shall be governed by and construed in accordance
with the law of the State of California. Venue shall be in San Bernardino County.
12.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in limitation,
this Agreement shall not be construed in favor of the party receiving a benefit or against
the Party responsible for any particular language in this Agreement.
12.6 City Manager acknowledges that he has had an opportunity to
consult legal counsel in regard to this Agreement, that he has read and understands this
Agreement, that he is fully aware of its legal effect, and that he has entered into it freely
and voluntarily and based on his own judgment and not on any representations or
promises other than those contained in this Agreement.
12.7 In any dispute arising out of this Agreement, the prevailing party
shall recover its reasonable attorneys’ fees and costs.
13. Other Terms and Conditions of Employment
The City, only upon written agreement with City Manager, shall fix any
such other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the City Manager, provided such terms and conditions are
not inconsistent with or in conflict with the provisions of this Agreement, the City Code,
or any other law, ordinance or City Resolution.
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14. Indemnification
14.1 City shall defend, hold harmless and indemnify City Manager
against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in the
performance of City Manager’s duties or resulting from the exercise of his judgment or
discretion in connection with the performance of his duties, unless the act or omission
involved unlawful conduct. City shall not unreasonably refuse to provide for legal
representation at City’s expense. Legal representation, provided by City for City
Manager, shall extend until a final determination of the legal action including any and all
losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable
costs and expenses of legal proceedings, including appeals, and including attorneys’ fees,
and expert witness fees and all other trial and appellate costs, and other liabilities
incurred, imposed upon, or suffered by such City Manager in connection with or
resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of
or in connection with the performance of City Manager’s duties.
14.2 City agrees to pay all reasonable litigation expenses of City Manager
throughout pendency of any City-related litigation to which City Manager is a party,
witness or advisor to the City. Such expense payments shall continue beyond City
Manager’s employment with the City as long as litigation is pending. Post-employment,
City agrees to pay City Manager for reasonable consulting fees, travel expenses and other
costs, when City Manager serves as a witness, advisor or consultant to City regarding
pending litigation.
IN WITNESS WHEREOF, the parties have executed this City Manager
Employment Agreement on this th day of October, 2023.
EMPLOYEE/CITY MANAGER
CHARLES MONTOYA, City Manager
CITY OF SAN BERNARDINO
HELEN TRAN, Mayor
ATTEST:
City Clerk
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EXHIBIT A – TEMPLATE WAIVER AND RELEASE
Exhibit “A”
GENERAL WAIVER AND RELEASE
I, the undersigned, do hereby acknowledge and attest that I have read and
understood Section 11.7 of my Employment Agreement with the City of San Bernardino
and hereby agree that by accepting Severance Pay in the amount of twelve (12) months’
or, if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term
of the Agreement, I agree to waive all rights to further claims, remedies, or legal action
against the City of San Bernardino, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits
owing, I and my representatives, heirs, successors, and assigns do hereby completely
release and forever discharge the City of San Bernardino and its related entities and their
present and former officers, directors, council members, agents, employees, attorneys,
and successors (collectively, “Released Parties”) from all claims, rights, demands, actions,
obligations, liabilities, and causes of action of every kind and character, known or
unknown, mature or unmatured, which I may have now or in the future arising from any
act or omission or condition occurring on or prior to the date this General Waivers and
Release is signed whether based on tort, contract (express or implied), or any federal,
state, or local law, statute, or regulation (collectively, the “Released Claims”). Released
Claims shall also include, but not be limited to, claims for wages or other compensation
due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any
other fringe benefit. This General Waivers and Release specifically releases and waives
any and all claims arising out of my employment and separation from employment with
the City of San Bernardino, including but not limited to claims arising under the
California Fair Employment and Housing Act (“FEHA”), the California Labor Code, the
California Family Rights Act (“CFRA”), the California Constitution, federal Title VII of
the Civil Rights Act of 1964, as amended, the federal Age Discrimination in Employment
Act (“ADEA”), the federal Equal Pay Act (“EPA”), the federal Americans with
Disabilities Act (“ADA”), the federal Fair Labor Standards Act (“FLSA”), the federal
Family and Medical Leave Act (“FMLA”), tort and contract claims, privacy claims, and
any other applicable state, federal, local or other laws that may apply.
I knowingly and voluntarily waive any and all rights or benefits that I may now
have, or in the future may have, under the terms of Section 1542 of the California Civil
Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
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EXHIBIT A – TEMPLATE WAIVER AND RELEASE
I acknowledge that I have read and understand this waiver and voluntarily and
knowingly am waiving his right under Section 1542 to pursue unknown or unanticipated
claims, rights, demands, actions, obligations, liabilities, and causes of action of any kind
that may have materially affected this General Waivers and Release.
Unless otherwise required by law, I shall not file any claim, sue or initiate an action
against any Released Party or participate in any compliance review, action, or
proceeding, individually or as a member of a class, under any contract (express or
implied), or any federal, state, or local law, statute, or regulation pertaining in any
manner to the Released Claims.
By signing this Agreement, I certify that Employee has read all of this Agreement,
understands its terms and conditions, and knowingly and voluntarily consents to such
terms. Employee acknowledges that the Company has advised Employee in writing to
consult with an attorney before signing this Agreement. Employee certifies that
Employee has been given at least twenty-one (21) days to consider this Agreement, and
that Employee’s signature below indicates either that Employee has taken twenty-one
(21) days to consider this Agreement, or has knowingly and voluntarily waived some or
all of this consideration period. In addition, Employee has seven (7) days from the date
of signing this Agreement to revoke the Agreement, after which the Agreement will
become final and binding (which shall be deemed the “Effective Date” of this
Agreement). If Employee does not execute and return this Agreement upon expiration of
the twenty-one (21) day period, the Agreement and any severance payment offer it
contains shall be deemed rescinded and no longer offered to Employee.
Approved and Agreed to By:
CHARLES MONTOYA, City Manager
CITY OF SAN BERNARDINO
HELEN TRAN, Mayor
[DO NOT SIGN]
[FOR TEMPLATE PURPOSES ONLY]
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Mary Lanier Interim Agency Director of Community, Housing,
and Economic Development
Department:Community, Housing, and Economic Development
Subject:San Bernardino Regional Housing Trust Letter of
Intent
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting
a Letter of Intent to the San Bernardino Council of Governments.
Executive Summary
The recommended action is for the Mayor and City Council to listen to a Regional
Housing Trust presentation from the San Bernardino Council of Governments that
highlights the purpose and benefits of the City joining a Regional Housing Trust, which
would give the City a competitive edge when applying for various funding which is
needed to increase the development of affordable housing in the City.
The submission of a Letter of Intent to the San Bernardino Council of Governments
serves as the initial step in becoming a member of the San Bernardino Regional
Housing Trust. Participation in the Regional Housing Trust does not financially obligate
the City in any way.
Background
In response to increasing concern around the region’s housing shortage, the San
Bernardino Council of Governments (SBCOG) City/County Managers Technical
Advisory Committee (CCMTAC) determined that an ad hoc Committee was needed to
explore the feasibility of implementing a housing trust for the San Bernardino region.
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On January 4, 2023, SBCOG approved the establishment of an ad hoc committee to
review the governance structure of the proposed Regional Housing Trust.
On January 23, 2023, the ad hoc committee met to discuss governance structure
options and voted to proceed with SBCOG’s staff recommendations to establish a
separate Joint Powers Authority (JPA) for the Regional Housing Trust. It was
recommended that the JPA be its own separate legal entity known as the San
Bernardino Regional Housing Trust (SBRHT) and be made up of member agencies
with a non-profit component that would enable the SBRHT to solicit and accept private
donations. The purpose of SBRHT is to attract significant funding and affordable
housing interest into the San Bernardino Region. The goals of the SBRHT are to:
•Attract affordable housing developers.
•Increase/preserve the region’s affordable housing supply.
•Increase equitable access to community resources.
•Provide financial relief for vulnerable and cost burdened households.
•Protect against displacement, overcrowding, and poor housing conditions.
On April 5, 2023, SBCOG authorized the following:
•The process of establishing a San Bernardino Regional Housing Trust;
•The process of establishing a new JPA;
•Hiring necessary consultants upon receipt of award of Regional Early Action
Planning (REAP) 2.0 funds; and
•Direction for its staff to work with the housing trust ad hoc committee to develop
recommendations for SBCOG Board’s consideration on policy decisions
regarding the establishment of a Regional Housing Trust.
SBCOG will utilize Southern California Association of Governments (SCAG) REAP
2.0 funds once awarded to initiate and implement the new JPA. This includes all
studies, research, analysis, legal action/fees, etc. to be funded by REAP 2.0. Qualified
staffing will be selected through a procurement process that will likely include member
agency staff.
Discussion
The HOME Investment Partnerships Program (HOME) is administered by the United
States Department of Housing and Urban Development (HUD) and is the largest
federal block grant to state and local governments designed exclusively to create
affordable housing for low-income households. HOME funds are awarded annually as
formula grants to participating jurisdictions, and funding can be used to perform a wide
range of activities including building, buying, and/or rehabilitating affordable housing
for rent or homeownership or providing direct rental assistance to low-income people.
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On average, the City receives approximately $1.4 million in HOME funds annually. This
amount is not nearly enough to create the level of affordable housing needed in the
City. According to the SCAG 2021-2029 6th cycle Regional Housing Needs
Assessment (RHNA) Report, the County needs 8,832 affordable housing units to meet
its housing demand, but specifically, the City has a future housing need of 1,415 units
for very low-income units, of which half (703 units) are the projected need for extremely
low-income households.
A Housing Trust is created to provide the following:
•Raise funds for new construction of affordable and workforce housing
•Affordable housing preservation or rehabilitation
•Financing for the purchase of land
•Transitional and supportive housing
•Pre-development loans
•Down payment assistance
•Community land trust
The above listed items would be offered to the City should it decide to join the San
Bernardino Regional Housing Trust. There are several benefits to joining a Regional
Housing Trust that include flexible gap financing, pooled funding to preserve and
produce affordable housing in the City, strengthening the financial viability of individual
housing projects and programs, and increasing each project’s competitiveness for
additional state and federal funding sources. Additionally, a Housing Trust works with
a variety of government and philanthropic groups to attract more housing funds to the
San Bernardino region.
Joining the SBRHT would allow the City the opportunity to work with other jurisdictions’
policy makers who have submitted a Letter of Intent to SBCOG’s Board to participate
in SBHRT. To date, there are eleven (11) jurisdictions that have provided a Letter of
Intent:
•City of Colton
•City of Fontana
•City of Needles
•City of Ontario
•City of Rancho Cucamonga
•City of Redlands
•City of Rialto
•City of Twentynine Palms
•City of Yucaipa
•City of Yucca Valley
•County of San Bernardino
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The first step in becoming a member of the SBRHT is to submit a Letter of Intent (LOI),
signed by the City Manager, to the San Bernardino Council of Governments. The LOI
does not financially obligate the City or commit the City to remaining in the SBRHT; it
only serves to communicate the City’s interest in becoming a member.
2021-2025 Strategic Targets and Goals
Joining a Regional Housing Trust aligns with Strategic Target No. 3: Focused, Aligned
Leadership and Unified Community as a Regional Housing Trust would allow the City
to expand its funding pool and the resources necessary to increase affordable housing.
Joining a Regional Housing Trust also aligns with Strategic Target No. 4 - Improved
Quality of Life. According to the 2021-2029 6th cycle Regional Housing Needs
Assessment (RHNA) Report, the City is in need of 1415 affordable housing units for
low- and very low-income residents.
Fiscal Impact
There is no financial impact in expressing the City’s intent to join a Regional Housing
Trust. Should the City enter a Memorandum of Understanding (MOU) with SBCOG to
administer a Housing Trust the annual administrative fee would be approximately
$26,000 (based on population size).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Receive and file presentation from San Bernardino Council of Governments; and
2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting
a Letter of Intent to the San Bernardino Council of Governments.
Attachments
Attachment 1: Regional Housing Trust Fund Slide Deck
Attachment 2: Regional Housing Trust Letter of Intent
Ward:
All Wards
Synopsis of Previous Council Actions:
Feb 1, 2023 The City declared a Homelessness State of Emergency, which is
exacerbated by the lack of affordable housing.
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SBCTA/SBCOG in Collaboration with
Regional Housing Trust
San Bernardino Region
MARCH 2023
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2
What is a Housing Trust?01
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Housing Trust Overview
A program
or
organization
that raises
funding for:
New Construction of Affordable & Workforce Housing
Affordable Housing Preservation or Rehabilitation
Financing for the Purchase of Land
Transitional and Supportive Housing
Pre-Development Loans
Down Payment Assistance
Community Land Trusts
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Housing Trust Benefits
Flexible
Source of
Gap
Financing
•Revolving
Loan Funds
Ability to
Compete
for State
Funds
•Local
Housing
Trust
Program
Targeted
Solutions
for
Regional
Issues
•Workforce
Housing
Ability to
Pool
Resources
•Helps funds
go further
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Housing Trust Vision and Goals
•Attract affordable housing developers.
•Increase/preserve the region’s affordable
housing supply.
•Increase equitable access to community
resources.
•Provide financial relief for vulnerable and
cost-burdened households.
•Protect against displacement and poor
housing conditions
Attract significant
funding and
affordable housing
development
interest into the
San Bernardino
region.
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Why Do We Need a Housing Trust?02
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Why are we here?
Household Overcrowding
(more than 1 persons per bedroom)
•The Region has Census tracts with concentrations
of more than 20% of households that experience
overcrowded.
Household Overpayment
(spending more than 30% of income on housing
costs)
•Renters are especially cost burdened
•The Region has Census tracts where more than
80% of renters are burdened by the cost of
housing.
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Why are we here?
Poverty
(varies by number of people per household – a family
of 4 [2 adults and 2 children] are considered to live in
poverty if they earn less than $27k per year)
•The Region has Census tracts with concentrations
of more than 40% of households living below the
poverty level
Cost of Transportation
(as a percent of total household income)
•Regional average transportation cost is 27%
•Regional average combined housing and
transportation cost is 59%
Tax Credit - Higher Resource Areas
(higher resource areas are more competitive for
accessing TCAC funds for affordable housing)
•Most areas in the region fall within the moderate
to low resource categories.
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5th Cycle 6th Cycle
Lower-Income Moderate/ Above Moderate-Income
22,663
34,543
2,216
25,220
5th Cycle RHNA Compared to Units Permitted
San Bernardino County
RHNA Units Permitted
10%
of Lower-
Income
RHNA
Achieved
Lower-Income Moderate/ Above Moderate-Income
57,570
80,540
6th Cycle RHNA Allocation
San Bernardino County
RHNA
Increase
of 140%
73%
of Mod/Above
Mod-Income
RHNA
Achieved
Regional Housing Needs Assessment (RHNA) Cycles
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Steps Taken To Date03
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Strategic Plan
Outreach
Summary
Housing Need
Analysis
Funding
Opportunity
Analysis
Housing Trust
Activities
Affordable
Housing and
Project Pipeline
Inventory
Local Funding
Gap Analysis
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Outreach Summary
Outreach to all SBCOG member jurisdictions
Individual meetings with 15+ member jurisdictions
Letters of Interest Received from 11 member jurisdictions
Interviews with outside organizations
•Orange County Housing Finance Trust
•County of Orange
•San Gabriel Valley Regional Housing Trust
•Inland SoCal Housing Collective
•San Diego Innovative Housing Trust
Group Presentations
•SBCOG Board and Ad-Hoc Committee
•City/County Managers
•Planning Directors
•City Councils
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Funding Opportunity Analysis
Grant
Funding
Pursuits
Member
Agency
Revolving
Loan Fund
•Interest gained
over time
Nonprofit
Component
•Private
Donations
VMT
Mitigation
Bank
Earmark
Funds
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Local Funding Gap Analysis
5 Recently Completed Developments
•445 affordable units created
•$247,258,861 total investment
•Local funding share is 33% total project cost
4 Pipeline Projects
•321 affordable units
•$146,880,151 total investment
•Local funding share is 35% total project cost
*Local funds provide a notable financing layer that closes the affordable housing
development gap.
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Housing Trust Structure04
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Purpose and Structure
§Includes the following:
§Vision
§The San Bernardino Regional Housing Trust will attract significant funding and affordable
housing development interest into the San Bernardino region. Through strong participatory
governance, member jurisdictions will increase the region’s affordable housing supply, reduce
household overcrowding, increase equitable access to community resources, and provide
financial relief for vulnerable and cost-burdened households.
§Goals
§Increase/preserve region’s affordable housing supply
§Attract affordable housing developers
§Increase housing opportunities
§Protect against displacement and poor housing conditions
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A program
or
organization
that raises
funding for:
New Construction of Affordable Housing
Affordable Housing Preservation or Rehabilitation
Community Land Trusts
Workforce Housing
Pre-Development Loans
Down Payment Assistance
Financing for the Purchase of Land
Programming Priorities
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Administration05
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Proposed JPA Board of Directors Composition
§Board of Directors:
§One Director perJurisdiction (elected or designee by the jurisdictions’ appointed
body)
§Alternates for each Director position
§Members could be incentivized to join as founding members
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Administration
MOU with SBCOG to Administer Housing Trust
§Staffing
§Executive Director and agency staff
§Independent contractors, agents, volunteers, and consultants
§Treasurer and Auditor/Controller
§Lumped in with COG Annual Audits
§Attorney
§Account Set Up
§Need to establish accounts and subaccounts in commercial banking institutions
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Cost of the Trust06
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Projected Cost
§$315,000 Annual Operating Budget (this option totals $315k)
Population Annual Admin Fee
Up to 25,000 $26,000
25,001 – 50,000 $30,000
50,001 – 100,000 $32,000
250,001+$35,000
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Visualizing How it Works07
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Next Steps08
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Steps to Establish a Regional Housing Trust
Identify Participating Jurisdictions
Draft Administrative Plan (based on grant
criteria)
REAP 2.0 Funding Application
Establish a Joint Powers Authority (JPA)
Adopt an Administrative Plan
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Schedule
October November December January February March April May
•CCMTAC
•Letters of
Interest
•CCMTAC
•GPC
•MVSS
•Mtn/ Desert
Committee
•Board
•Ad-Hoc
Committee
•Board •Establish
JPA
•(Ongoing)
•REAP 2.0
Application
•Launch
Housing
Trust
•(Ongoing)
2022 2023
City Council Presentations – Letters of Interest
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Thank you
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290 North D St, San Bernardino, CA 92401 | P: 909-384-5122 | F: 909-384-5138 | www.SBCity.org
Office of the City Manager | Charles E McNeely, City Manager
LETTER OF INTENT
July 19, 2023
Raymond Wolfe, Executive Director
San Bernardino Council of Governments
1170 W. Third Street, 2nd Floor
San Bernardino, California
92410
RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST
Dear Mr. Wolfe,
The City of San Bernardino is interested in participating in the San Bernardino Regional Housing Trust
(SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT,
the City of San Bernardino intends to further the SBHRT’s goal to attract significant funding and
affordable housing development interest into the San Bernardino region.
The City of San Bernardino anticipates that SBCTA/SBCOG will administer SBRHT and that each
participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT.
In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose
of SBRHT.
This letter of interest is not a commitment, and we are providing this letter only to further the planning
for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to City Council
approval, funding availability, and other factors.
Should you have any questions regarding the City of San Bernardino’s interest, please contact Cassandra
Searcy at searcy_ca@sbcity.org or at 909-210-7767.
Thank you.
Sincerely,
Charles E McNeely
Interim City Manager
On behalf of the City of San Bernardino
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Introduction of Ordinance No. MC-1622: Floodplain
Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title, and waive further reading of Ordinance No. MC-
1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code;
adopting flood hazard maps; designating a floodplain administrator; and repealing
Chapter 19.16 of the City of San Bernardino municipal code.
Executive Summary:
The goal and objective is to adopt the latest floodplain regulations per state and
federal agencies in order for the City of San Bernardino (the “City”) to remain in the
National Flood Insurance Program. The National Flood Insurance Program (NFIP)
is administered by the Federal Emergency Management Agency (FEMA) and
enables property owners in participating communities to purchase insurance in
exchange for state and community floodplain management regulations to reduce
exposure to flooding and lessen the financial burden during disaster events. In order
to remain in the NFIP, the City of San Bernardino is required to adopt a floodplain
ordinance in accordance with FEMA and the Department of Water Resources
(DWR) requirements. These requirements can be found in the Background and
Discussion parts of this report.
Background
The U.S. Congress established the National Flood Insurance Program (NFIP) with
the passage of the National Flood Insurance Act of 1968. The NFIP is administered
by the Federal Emergency Management Agency (FEMA) and enables property
owners in participating communities to purchase insurance in exchange for state
and community floodplain management regulations to reduce exposure to flooding
and lessen the financial burden during future disaster events. Jurisdictions such as
the City may participate in the NFIP subject to certain ongoing federal and state
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requirements. The NFIP is based on a mutual agreement between the Federal
Government and communities such as the City. Communities that participate agree
to regulate development in mapped flood hazard areas according to certain criteria
and standards as stated above. The partnership involves: flood hazard maps, flood
insurance, and regulations as presented above and in the proposed ordinance
attached.
Discussion
The City applied for and was accepted into the NFIP on July 16, 1979. Since that
time, the City has been required to meet state and federal requirements in order to
continue to participate. These requirements include Title 44, Parts 59 and 60, of the
Code of Federal Regulations. The Code of Federal Regulations (CFR) Title 44 is a
codified set of U.S. federal laws and regulations issued by federal agencies of the
United States regarding emergency management and assistance, including
insurance and hazard mitigation, fire prevention and control, disaster assistance, and
emergency preparedness.
In addition, the City is required by California Health and Safety Code, Division 13,
Parts 1.5 and 2.5, to administer and enforce the California Building Standards Code,
as adopted and modified by the City. The California Building Standards Code
contains certain provisions related to the design and construction of buildings and
structures in flood hazard areas.
Both state and federal regulations in this area continue to be updated. In order to
remain in the NFIP, the City is required to adopt and implement a Floodplain
Ordinance (Ordinance) in accordance with FEMA and the Department of Water
Resources (DWR) requirements. These requirements can be found in the Ordinance
document that was created through joint effort from both agencies (attached).
Currently, Chapter 19.16 of the City’s Municipal Code has a floodplain section in
Chapter 19.16, FP (Flood Plain Overlay) Zone. In order to continue to remain
enrolled in NFIP, the City needs to incorporate an updated version reflecting the new
floodplain management regulations (attached). The attached Ordinance MC-1622
implements the needed changes to the Chapter, by repealing and replacing Chapter
19.16 in its entirety. These changes include the following list of items:
•recognizing flood hazards in community planning
•adopting and enforcing flood maps and a flood damage prevention ordinance
•requiring permits for all types of development in the floodplain
•assuring that building sites are reasonably safe from flooding
•establishing base flood elevations (BFE) where not determined on Flood
Insurance Rate Map (FIRM)
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•requiring new and substantially improved homes and manufactured homes to
be elevated above the BFE
•requiring non-residential buildings to be elevated above the BFE or dry flood-
proofed
•determining if damaged buildings are substantially damaged
•conducting field inspections
•citing and issuing remedy violations
•requiring and maintaining surveyed elevation information to document
compliance
•carefully considering requests for variances
•resolving non-compliance and violations of floodplain management
requirements
•advising and working with FEMA and the State when updates to flood maps
are needed
•maintaining records for review
•responding to periodic requests for reports to FEMA
The projected date for the effective date of the FIRM and Flood Insurance Study (FIS)
is September 28, 2023. This date is subject to change and not final as the date is
dependent of when the Letter of Final Determination is sent to the City. Per DWR, the
City will have six months after the Letter of Final Determination until maps become
effective. A FIS is a report containing detailed flood elevation data in flood profiles,
maps, and data tables; this is compiled once a flood study is performed for NFIP. A
FIRM is the official community map showing special flood hazard areas and risk
premium zones.
2021-2025 Strategic Targets and Goals
Adoption of this Ordinance aligns with the City’s Guiding Principles, as set forth in the
2020-2025 “Key Strategic Targets and Goals” document. In particular, the Ordinance
furthers:
•Key Target No. 1: Financial Stability. This action will help enable property
owners to purchase federally backed flood insurance to provide financial
protection against flood losses, reduce potential hazards, and minimize the risks
associated with flooding.
•Key Target No. 3: Improved Quality of Life. Specifically, updating the Flood Plain
Overlay zone as reflected in Chapter 19.16 of the City’s Municipal Code will help
the City maintain its enrollment in the NFIP, which will in turn help protect public
health, safety, and general welfare by ensuring the City remains up to date with
applicable federal and state floodplain laws and regulations.
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Fiscal Impact
There is no fiscal impact to the City‘s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title, and waive further reading of Ordinance No. MC-1622:
adopting a new Chapter 8.79 of the City of San Bernardino Municipal Code; adopting
flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16
of the City of San Bernardino municipal code.
Attachments
Attachment 1 – Ordinance No. MC-1622
Attachment 2- Email Communications
Attachment 3-Presentation Powerpoint
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Ordinance No. MC-1622
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ORDINANCE NO. MC-1622
AN ORDINANCE BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING A NEW
CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
WHEREAS, the Legislature of the State of California has, in Government Code Sections
65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of San Bernardino and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, the City of San Bernardino was accepted for participation in the National
Flood Insurance Program on July 16, 1979, and the Mayor and City Council of the City of San
Bernardino desires to continue to meet the requirements of Title 44 Code of Federal Regulations,
Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and
Part 2.5, the City of San Bernardino is required to administer and enforce the California Building
Standards Code, and such building codes contain certain provisions that apply to the design and
construction of buildings and structures in flood hazard areas; and
WHEREAS, the Mayor and City Council of the City of San Bernardino has determined
that it is in the public interest to adopt the proposed floodplain management regulations that are
coordinated with the California Building Standards Code.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Adoption of Chapter 8.79. Chapter 8.79 of Title 8 of the San Bernardino Municipal
Code is hereby adopted to read in its entirety as follows:
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“CHAPTER 8.79
FLOODPLAIN MANAGEMENT
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 101 GENERAL PROVISIONS
8.79.010 - Title. This chapter, in combination with the flood provisions of California Code of
Regulations Title 24, the California Building Standards Code (hereinafter “building codes,”
consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related
codes), shall be known as the Floodplain Management Regulations of the City of San
Bernardino.
8.79.020 - Statutory authority. The legislature of the State of California has, in Government Code
Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry.
8.79.030 - Scope. The provisions of this chapter, in combination with the flood provisions of the
building codes, shall apply to all proposed development entirely or partially in flood hazard areas
established in Section 8.79.110 of this chapter.
8.79.040 – Purposes and objectives. The purposes and objectives of this chapter and the flood
load and flood resistant construction requirements of the building codes are to promote the public
health, safety, and general welfare and to minimize public and private losses due to flood
conditions in specific flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
a) Minimize unnecessary disruption of commerce, access and public service during times of
flooding.
b) Require the use of appropriate construction practices in order to prevent or minimize future
flood damage.
c) Manage the alteration of natural floodplains, stream channels and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain.
d) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential.
e) Prevent or regulate the construction of flood barriers which will divert floodwater or
increase flood hazards.
f) Contribute to improved construction techniques in the floodplain.
g) Minimize damage to public and private facilities and utilities.
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h) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
i) Minimize the need for rescue and relief efforts associated with flooding.
j) Ensure that property owners, occupants, and potential owners are aware of property located
in flood hazard areas.
k) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events.
l) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
8.79.050 - Coordination with the California Building Standards Code. Pursuant to the
requirement established in State statute that the City of San Bernardino administer and enforce
the California Building Standards Code, the Mayor and City Council of the City of San
Bernardino hereby acknowledges that the building codes contain certain provisions that apply to
the design and construction of buildings and structures in flood hazard areas. Therefore, this
chapter is intended to be administered and enforced in conjunction with the building codes.
8.79.060 - Warning. The degree of flood protection required by this chapter and the building codes
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by man-made or
natural causes. Enforcement of this chapter and the building codes does not imply that land outside the
special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from
flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of
Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring this community to revise this chapter to remain eligible for participation in the
National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with this chapter.
8.79.070 - Disclaimer of liability. These regulations shall not create liability on the part of Mayor
and City Council of the City of San Bernardino, any officer or employee thereof, the State of
California, or the Federal Emergency Management Agency, for any flood damage that results from
reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain
Administrator and any employee charged with the enforcement of this chapter, while acting for
the community in good faith and without malice in the discharge of the duties required by this
chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is
hereby relieved from personal liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that officer or employee in the
lawful discharge of duties and under the provisions of this chapter shall be defended by a legal
representative of the community until the final termination of the proceedings. The Floodplain
Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that
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is instituted in pursuance of the provisions of this chapter.
8.79.080 - Other laws. The provisions of this chapter shall not be deemed to nullify any provisions
of local, State or federal law.
8.79.090 - Abrogation and greater restrictions. These regulations supersede any ordinance in
effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate, or impair
any existing ordinances including land development regulations, subdivision regulations, zoning
ordinances, stormwater management regulations, or building codes, nor any existing easements,
covenants, or deed restrictions. In the event of an overlap or conflict between this chapter and any
other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall
govern.
ARTICLE 102 APPLICABILITY
8.79.100 - General applicability. These regulations, in conjunction with the building codes,
provide minimum requirements for development located in flood hazard areas, including the
subdivision of land; filling, grading and other site improvements; installation of utilities;
installation, placement and replacement of manufactured homes; placement of recreational
vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility
and miscellaneous Group U buildings and structures; certain building work exempt from permit
under the building codes; and flood control projects.
8.79.110 - Establishment of flood hazard areas. The Flood Insurance Study for the County of
San Bernardino, California and Incorporated Areas dated July 16, 1979, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all
subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of
this chapter and serve as the basis for establishing flood hazard areas. Where the building code
establishes flood hazard areas, such areas are established by this section. Additional maps and
studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood
hazard areas. Maps and studies that establish flood hazard areas are on file at the following
address: 825 E Third St. San Bernardino, CA 92415, County of San Bernardino, Department
of Public Works.
8.79.120 - Interpretation. In the interpretation and application of this chapter, all provisions shall
be:
a) Considered as minimum requirements.
b) Liberally construed in favor of the governing body.
c) Deemed neither to limit nor repeal any other powers granted under state statutes.
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ARTICLE 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8.79.130 - Designation. The City Engineer is designated the Floodplain Administrator. The
Floodplain Administrator shall have the authority to delegate the performance of certain duties to
other employees.
8.79.140 - General authority. The Floodplain Administrator is authorized and directed to
administer and enforce this chapter. The Floodplain Administrator shall have the authority to
render interpretations of this chapter and to establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be consistent with
the intent and purpose of this chapter and the flood provisions of the building code and shall not
have the effect of waiving specific requirements without the granting of a variance pursuant to
Article 107 of this chapter. The Floodplain Administrator is authorized to waive the submission of
site plans, construction documents, and other data that are required by this chapter but that are not
required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer
when it is found that the nature of the proposed development is such that the review of such
submissions is not necessary to ascertain compliance with this chapter.
8.79.150 - Coordination. The Floodplain Administrator shall coordinate with and provide
comments to the Building Official to administer and enforce the flood provisions of the building
code and to ensure compliance with the applicable provisions of this chapter. The Floodplain
Administrator and the Building Official have the authority to establish written procedures for
reviewing applications and conducting inspections for buildings and for administering and
documenting determinations of substantial improvement and substantial damage made pursuant to
Section 8.79.170 of this chapter.
8.79.160 - Duties. The Floodplain Administrator, in coordination with other pertinent offices of
the community, shall:
a) Review all permit applications and plans to determine whether proposed development is
located in flood hazard areas.
b) Review all applications and plans for development in flood hazard areas for compliance
with this chapter.
c) Review, in coordination with the Building Official, required design certifications and
documentation of elevations specified by the building code to determine that such
certifications and documentations are complete.
d) Review applications and plans for modification of any existing development in flood
hazard areas for compliance with this chapter.
e) Require development in flood hazard areas to be reasonably safe from flooding and to be
designed and constructed with methods, practices and materials that minimize flood
damage.
f) Interpret flood hazard area boundaries and provide available flood elevation and flood
hazard information.
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g) Determine whether additional flood hazard data shall be obtained from other sources or
developed by the applicant.
h) Complete the appropriate section of the Department of Housing and Community
Development Floodplain Ordinance Compliance Certification for Manufactured
Home/Mobil home Installations when submitted by applicants.
i) Review requests submitted to the Building Official seeking approval to modify the strict
application of the flood load and flood resistant construction requirements of the building
code, to determine whether such requests require consideration as a variance pursuant to
Article 107 of this chapter.
j) Coordinate with the Building Official and others to identify and investigate damaged
buildings located in flood hazard areas and inform owners of the requirement to obtain
permits for repairs.
k) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps when the analyses indicate changes in base flood
elevations, flood hazard area boundaries, or floodway designations; such submissions
shall be made within 6 months of such data becoming available.
l) Require applicants who propose alteration of a watercourse to notify adjacent
communities and the NFIP State Coordinating Agency, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
m) Inspect development in accordance with Article 106 of this chapter and inspect flood
hazard areas to determine when development is undertaken without issuance of permits.
n) Prepare comments and recommendations for consideration when applicants seek
variances for development other than buildings in accordance with Article 107 of this
chapter.
o) Cite violations in accordance with Article 108 of this chapter.
p) Notify FEMA when the corporate boundaries of the City of San Bernardino have been
modified and provide a map and legal description of the changes in the corporate
boundaries.
8.79.170 - Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
a) Estimate the market value or require the applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the building or structure before the start
of construction of the proposed work; in the case of repair, the market value of the building
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or structure shall be the market value before the damage occurred and before any repairs
are made.
b) Compare the cost to perform the improvement, the cost to repair the damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, when
applicable, to the market value of the building or structure.
c) Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage.
d) Notify the applicant when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the building code is required and notify the applicant when it
is determined that work does not constitute substantial improvement or repair of substantial
damage.
8.79.180 - Department records. In addition to the requirements of the building code and this
chapter, and regardless of any limitation on the period required for retention of public records, the
Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this chapter and the flood
provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate
Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required certifications and documentation specified by the
building codes and this chapter; notifications to adjacent communities, FEMA, and the State
related to alterations of watercourses; assurance that the flood carrying capacity of altered
waterways will be maintained; documentation related to variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood
resistant provisions of the building codes.
ARTICLE 104 PERMITS FOR FLOODPLAIN DEVELOPMENT
8.79.190 - Permits required. Any person, owner or authorized agent who intends to conduct any
development in a flood hazard area shall first make an application to the Floodplain Administrator
and shall obtain the required permit for floodplain development. No permit shall be issued until
compliance with the requirements of this chapter and all other applicable codes and regulations
has been satisfied. No building permit shall be issued based on Conditional Letters of Map
Revision issued by FEMA. Depending on the nature and extent of proposed development that
includes a building or structure, the Floodplain Administrator may determine a permit for
floodplain development is required in addition to a building permit.
8.79.200 - Application for permit. The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. The information provided shall:
a) Identify and describe the development to be covered by the permit.
b) Describe the land on which the proposed development is to be conducted by legal
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description, street address or similar description that will readily identify and definitely
locate the site.
c) Indicate the use and occupancy for which the proposed development is intended.
d) Be accompanied by a site plan and construction documents as specified in Article 105 of
this chapter, including grading, excavation and filling plans and other information deemed
appropriate by the Floodplain Administrator.
e) State the valuation of the proposed work.
f) Be signed by the applicant or the applicant's authorized agent.
g) Include such other data and information required by the Floodplain Administrator to
demonstrate compliance with this chapter.
8.79.210 - Validity of permit. The issuance of a permit for floodplain development under this
chapter or the building codes shall not be construed to be a permit for, or approval of, any violation
of this chapter, the building code, or any other ordinance of the community. The issuance of a
permit for floodplain development based on submitted documents and information shall not
prevent the Floodplain Administrator from requiring the correction of errors and omissions. The
Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is
in violation of this chapter.
8.79.220 - Other permits required. The applicant shall obtain all other required state and federal
permits prior to initiating work authorized by this chapter and shall provide documentation of such
permits to the Floodplain Administrator. Such permits include but are not limited to the California
State Water Resources Control Board for activities that affect wetlands and alter surface water
flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
8.79.230 - Expiration. A permit for floodplain development shall become invalid when the
proposed development is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain
Administrator is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance
Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries,
flood zones, or base flood elevations, in which case the permit is invalid.
8.79.240 - Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a permit for floodplain development issued under this chapter wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this
chapter or any ordinance or code of this community.
8.79.250 - Appeals of decisions. When it is alleged, there is an error in any decision or
determination made by the Floodplain Administrator in the interpretation or enforcement of this
chapter, such decision or determination may be appealed to the Council, Commission, and
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Development Review Committee (DRC) by filing a written appeal setting forth the reasons of
the appeal.
ARTICLE 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
8.79.260 - Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this chapter shall be drawn to scale
and shall include, as applicable to the proposed development:
a) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood
elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage
patterns and facilities when necessary for review of the proposed development.
b) Where base flood elevations or floodway data are not included on the FIRM or in the Flood
Insurance Study, they shall be established in accordance with Section 8.79.270 or Section
8.79.280 of this chapter.
c) Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or
in the Flood Insurance Study, such elevations shall be established in accordance with
Section 8.79.270(b) of this chapter.
d) Location of the proposed activity and proposed structures; locations of water supply,
sanitary sewer, and other utilities; and locations of existing buildings and structures.
e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
f) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
g) Existing and proposed alignment of any proposed alteration of a watercourse.
8.79.270 - Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator is authorized to:
a) Require the applicant to include base flood elevation data prepared by a qualified CA
Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow review
and approval by the Floodplain Administrator. The accuracy of data submitted for such
determination shall be the responsibility of the applicant.
b) Obtain, review, and provide to applicants base flood elevation and floodway data available
from a federal or state agency or other source or require the applicant to obtain and use
base flood elevation and floodway data available from a federal or state agency or other
source.
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c) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
1) Require the applicant to include base flood elevation data in accordance with
Section 8.79.270(a) of this chapter; or
2) Specify that the base flood elevation is two (2) feet above the highest adjacent
grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two (2) feet.
d) Where the base flood elevation data are to be used to support a request for a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified
CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the processing
fees.
8.79.280 - Additional analyses and certifications. As applicable to the location and nature of
the proposed development activity, and in addition to the requirements of this chapter, the
applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil
Engineer for submission with the site plan and construction documents:
a) For development activities proposed to be located in a floodway, a floodway encroachment
analysis that demonstrates that the encroachment of the proposed development will not
cause any increase in base flood elevations; where the applicant proposes to undertake
development activities that do increase base flood elevations, the applicant shall submit
such analysis to FEMA as specified in Section 8.79.290 of this chapter and shall submit
the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and
construction documents.
b) For development activities proposed to be located in a riverine flood hazard area where
base flood elevations are included in the Flood Insurance Study or on the FIRM but
floodways have not been designated, hydrologic and hydraulic analyses that demonstrate
that the cumulative effect of the proposed development, when combined with all other
existing and anticipated flood hazard area encroachments, will not increase the base flood
elevation more than one (1) foot at any point within the community. This requirement does
not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as Zone AO or Zone AH.
c) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices that demonstrates the flood-carrying capacity of the altered
or relocated portion of the watercourse will not be decreased, and certification that the
altered watercourse shall be maintained in a manner which preserves the channel's flood-
carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section
8.79.290 of this chapter. The applicant shall notify the chief executive officer of adjacent
communities and the California Department of Water Resources. The Floodplain
Administrator shall maintain a copy of the notification in the permit records and shall
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submit a copy to FEMA.
8.79.290 - Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a
qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional
Letter of Map Revision, construction of proposed flood control projects and land preparation for
development are permitted, including clearing, excavation, grading, and filling. Permits for
construction of buildings shall not be issued until the applicant satisfies the FEMA requirements
for issuance of a Letter of Map Revision.
ARTICLE 106 INSPECTIONS
8.79.300 - Inspections, in general. Development for which a permit for floodplain development
is required shall be subject to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this chapter or the building code.
Inspections presuming to give authority to violate or cancel the provisions of this chapter or the
building code or other ordinances shall not be valid.
8.79.310 - Inspections of development other than buildings and structures. The Floodplain
Administrator shall make or cause to be made, inspections of all development other than buildings
and structures that is authorized by issuance of a permit for floodplain development under this
chapter. The Floodplain Administrator shall inspect flood hazard areas from time to time to
determine when development is undertaken without issuance of a permit.
8.79.320 - Inspections of manufactured homes installations. The Floodplain Administrator shall
make or cause to be made, inspections of installation and replacement of manufactured homes in
flood hazard areas authorized by issuance of a permit for floodplain development under this
chapter. Upon installation of a manufactured home and receipt of the elevation certification
required in Section 8.79.580 of this chapter the Floodplain Administrator shall inspect the
installation or have the installation inspected.
8.79.330 - Buildings and structures. The Building Official shall make or cause to be made,
inspections for buildings and structures in flood hazard areas authorized by permit, in accordance
with the building code:
a)Lowest floor elevation. Upon placement of the lowest floor, including the basement, and
prior to further vertical construction, certification of the elevation required in the building
code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted
to the building official.
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b)Final inspection. Prior to the final inspection, certification of the elevation required in the
building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and
submitted to the building official.
ARTICLE 107 VARIANCES
8.79.340 - Nature of variances. The considerations and conditions for variances set forth in this
article are based on the general principle of zoning law that variances pertain to a piece of property
and are not personal in nature. A variance may be issued for a parcel of property with physical
characteristics so unusual that complying with the requirements of this chapter would create an
exceptional hardship to the applicant or the surrounding property owners. The characteristics must
be unique to the property and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance
of a variance is for floodplain management purposes only. Federal flood insurance premium rates
are determined by the National Flood Insurance Program according to actuarial risk and will not
be modified by the granting of a variance.
It is the duty of the Mayor and City Council of the City of San Bernardino to promote public
health, safety and welfare and minimize losses from flooding. This duty is so compelling and the
implications of property damage and the cost of insuring a structure built below flood level are so
serious that variances from the elevation or other requirements in the building codes should be
quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing
recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly
limited. Therefore, the variance requirements in this chapter are detailed and contain multiple
provisions that must be met before a variance can be properly issued. The criteria are designed to
screen out those situations in which alternatives other than a variance are more appropriate.
8.79.350 – Variances; general. The Development Review Committee (DRC) shall hear and
decide requests for variances from the strict application of this chapter.
8.79.360 - Limitations on authority. The Development Review Committee (DRC) shall base
its determination on technical justifications submitted by applicants, the considerations and
conditions set forth in this article, the comments and recommendations of the Floodplain
Administrator and Building Official, as applicable, and has the right to attach such conditions to
variances as it deems necessary to further the purposes and objectives of this chapter and the
building code.
8.79.370 - Records. The Floodplain Administrator shall maintain a permanent record of all
variance actions, including justification for issuance.
8.79.380 - Historic structures. A variance is authorized to be issued for the repair, improvement,
or rehabilitation of a historic structure upon a determination that the proposed repair, improvement,
or rehabilitation will not preclude the structure's continued designation as a historic structure, and
the variance is the minimum necessary to preserve the historic character and design of the structure.
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When the proposed work precludes the structure’s continued designation as a historic building, a
variance shall not be granted and the structure and any repair, improvement, and rehabilitation
shall be subject to the requirements of the building code.
8.79.390 - Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway when any increase in flood levels would result during the base flood
discharge, as evidenced by the applicable analyses required in Section 8.79.280(a) of this chapter.
8.79.400 - Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use provided the
criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the
residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum
necessary to allow the construction or substantial improvement, and that all due consideration has
been given to use of methods and materials that minimize flood damages during the base flood
and create no additional threats to public safety.
8.79.410 - Considerations for issuance of variances. In reviewing applications for variances, all
technical evaluations, all relevant factors, all other requirements of this chapter and the building
code, as applicable, and the following shall be considered:
a) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage.
b) The danger to life and property due to flooding or erosion damage.
c) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners.
d) The importance of the services provided by the proposed development to the community.
e) The availability of alternate locations for the proposed development that are not subject to
flooding or erosion and the necessity of a waterfront location, where applicable.
f) The compatibility of the proposed development with existing and anticipated development.
g) The relationship of the proposed development to the comprehensive plan and floodplain
management program for that area.
h) The safety of access to the property in times of flood for ordinary and emergency vehicles.
i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwater and the effects of wave action, if applicable, expected at the site.
j) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
8.79.420 - Conditions for issuance of variances. Variances shall only be issued upon:
a) Submission by the applicant of a showing of good and sufficient cause that the unique
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characteristics of the size, configuration or topography of the site limit compliance with
any provision of this chapter or renders the elevation standards of the building code
inappropriate.
b) A determination that failure to grant the variance would result in exceptional hardship due
to the physical characteristics of the land that render the lot undevelopable.
c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or future property owners, or conflict with
existing local laws or ordinances.
d) A determination that the variance is the minimum necessary, considering the flood hazard,
to afford relief.
e) When the request is to allow construction of the lowest floor of a new building or
substantial improvement of a building below the base flood elevation, notification to the
applicant in writing over the signature of the Floodplain Administrator specifying the
difference between the base flood elevation and the proposed elevation of the lowest floor,
stating that issuance of a variance to construct below the elevation required in the building
code will result in increased premium rates for federal flood insurance up to amounts as
high as $25 for $100 of insurance coverage, and that such construction below the required
elevation increases risks to life and property.
ARTICLE 108 VIOLATIONS
8.79.430 - Violations. Any development in any flood hazard area that is being performed without
an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building
or structure without the documentation of the elevation of the lowest floor, other required design
certifications, or other evidence of compliance required by this chapter or the building code, is
presumed to be a violation until such time as required documentation is submitted. Violation of
the requirements shall constitute a misdemeanor.
8.79.440 - Authority. The Floodplain Administrator is authorized to serve notices of violation or
stop work orders to owners of property involved, to the owner’s agent, or to the person or persons
doing the work for development that is not within the scope of the building codes, but is regulated
by this chapter and that is determined to be a violation.
8.79.450 - Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by law. Penalties, fines, and remediation fees will be determined by Public Works
Department on case-by-case basis.
PART II. – DEFINITIONS
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ARTICLE 201 DEFINITIONS
8.79.460 – General. The following words and terms shall, for the purposes of this chapter, have
the meanings shown herein. Where terms are not defined in this chapter and are defined in the
building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such
terms shall have the meanings ascribed to them in those codes. Where terms are not defined in this
chapter or the building code, such terms shall have ordinarily accepted meanings such as the
context implies.
8.79.470 - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain management
purposes, the term includes only accessory structures used for parking and storage.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the direction
and/or velocity of the riverine flow of water during conditions of the base flood.
“ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the
building code, developed and published by the American Society of Civil Engineers, Reston, VA.
Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any
given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
“Basement” means, for the purpose of floodplain management, the portion of a building having
its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.]
“Building code” means California Code of Regulations Title 24, the California Building
Standards Code, the family of building codes specifically adopted by the State of California and
composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this
part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three
stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code).
(4) Other specified codes.
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“Design flood” means the flood associated with the greater of the following two areas: [Also
defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise
legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height,
relative to the datum specified on the community’s legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where a depth number is not specified on the map, the depth
number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.]
“Development” means any manmade change to improved or unimproved real estate, including
but not limited to, buildings or other structures, temporary structures, temporary or permanent
storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations,
flood control projects, and other land-disturbing activities.
“Encroachment” means the placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from this chapter or the building
code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere
economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule,
qualify as exceptional hardships. All of these circumstances can be resolved through other means
without granting variances, even when the alternatives are more expensive or require the property
owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed before July
16, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation
of normally dry land from:
(1) The overflow of inland or tidal waters.
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(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding.
“Flood control project” means a dam or barrier design and constructed to keep water away from
or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resistant materials” means any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic repair. [Also defined in CCR Title 24 Part 2.]
“Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title
24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the
Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard
areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24
Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Emergency
Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and
Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical
data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the community official designated by title to administer and
enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.]
"Fraud or victimization" means, for the purpose of variances from this chapter or the building
code, the intentional use of deceit to deprive another of rights or property, making a victim of the
deprived person or the public. As it pertains to buildings granted variances to be constructed below
the elevation required by the building code, future owners or tenants of such buildings and the
community as a whole may bear the burden of increased risk of damage from floods, increased
cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
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necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair
facilities. The term does not include long-term storage, manufacture, sales or service facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
"Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) Individually listed on the inventory of historic places maintained by the California Office
of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the California Office of Historic
Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with the community’s floodplain
management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds
or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
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(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve
(12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but
excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building
access or limited storage provided that such enclosure is not built so as to render the structure in
violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24
Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a
permanent chassis, designed for use as a single-family dwelling with or without a permanent
foundation when connected to the required utilities, and constructed to the Manufactured Home
Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban
Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a).
For the purposes of floodplain management, the term also includes mobile homes and recreational
vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site
for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“Market value” means the price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings
and structures, excluding the land and other improvements on the parcel. Market value may be
established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated
for age and quality of construction), (2) tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed on or after
July 16, 1979.
"Nuisance" means that which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or
use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Permit for floodplain development” means an official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specified development activities that are located in flood hazard areas and that are determined to
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be compliant with this chapter.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16
m2) or less when measured at the largest horizontal projection, designed to be self-propelled or
permanently towable by a light-duty truck, and designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A
recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices and has no permanently
attached additions. Also see definitions in Health and Safety Code section 18010.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on
a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH,
V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.]
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition
or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is started. When the structure
has sustained substantial damage, any repairs are considered substantial improvement regardless
of the actual repair work performed. The term does not, however, include either: [Also defined in
CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Utility and Miscellaneous Group U” means buildings and structures of an accessory character
and miscellaneous structure not classified in any special occupancy, as described in the building
code.
“Variance” means a grant of relief from the requirements of this chapter which permits
construction in a manner otherwise prohibited and where specific enforcement would result in
exceptional hardship.
“Violation” means a development that is not fully compliant with this chapter or the flood
provisions of the building code, as applicable.
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“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least periodically.
PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 301 BUILDINGS AND STRUCTURES
8.79.480 - Requirements for buildings and structures in flood hazard areas. Applications for
building and structures within the scope of the building code that are proposed in flood hazard
areas shall comply with the applicable requirements of the building code.
8.79.490 – Detached garages and accessory storage structures. Detached garages and accessory
storage structures used only for parking or storage are permitted below the base flood elevation
provided the garages and accessory storage structures:
a) Are one story and not larger than 600 square feet in area when located in special flood
hazard areas.
b) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
c) Have flood openings in accordance with the building code.
d) Have flood damage-resistant materials used below the base flood elevation.
e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
to or above the base flood elevation.
8.79.500 - Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes
buildings that are accessory in character and miscellaneous structures not classified in any specific
occupancy in the building code, including, but not limited to, agricultural buildings, aircraft
hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet
(1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters,
private garages, retaining walls, sheds, stables, and towers. In addition to the building code
requirements for fire and life safety, the following shall apply to utility and miscellaneous Group
U buildings and structures in flood hazard areas:
a) New construction and substantial improvement of such buildings and structures shall be
anchored to prevent flotation, collapse or lateral movement resulting from flood loads,
including the effects of buoyancy, during conditions of the design flood.
b) New construction and substantial improvement of such buildings and structures, when fully
enclosed by walls, shall be elevated such that the lowest floor, including basement, is
elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry
floodproofed in accordance with ASCE 24.
c) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be
constructed in accordance with ASCE 24 and limited to parking, storage, and building
access.
d) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE
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24.
e) Flood damage-resistant materials shall be used below the design flood elevation.
f) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located
or installed in accordance with ASCE 24.
ARTICLE 302 SUBDIVISIONS
8.79.510 - Minimum requirements. Subdivision proposals in flood hazard areas, including
proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding.
b) All public utilities and facilities, such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage in accordance
with Section 8.79.520 and Section 8.79.530 of this chapter, as applicable, and appropriate
codes.
c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwater around and away from
proposed structures.
8.79.520 - Subdivision requirements. In addition to the requirements of Section 8.79.510 of this
chapter, where any portion of proposed subdivisions, including proposals for manufactured home
parks and subdivisions, lies within a flood hazard area, the following shall be required:
a) The flood hazard area, including floodways, as appropriate, shall be delineated on
preliminary subdivision plats.
b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 8.79.270(a) of this chapter.
c) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill
shall be placed in accordance with the building code and approval of the subdivision shall
require submission of as-built elevations for each filled pad certified by a licensed land
surveyor or registered civil engineer.
ARTICLE 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
8.79.530 - Minimum requirements. All proposed development in flood hazard areas shall be
reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding.
b) Where the proposed development has more than 50 lots or is larger than 5 acres and base
flood elevations are not included on the FIRM, the base flood elevations determined in
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accordance with Section 8.79.270(a) of this chapter.
c) All public utilities and facilities, such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage.
d) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwater around and away from
proposed structures.
8.79.540 - Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage
treatment plants (including all pumping stations and collector systems) and on-site waste disposal
systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and
impairment of the facilities and systems.
8.79.550 - Water supply facilities. All new and replaced water supply facilities shall be designed
in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of
floodwaters into the systems.
8.79.560 - Development in floodways. Development, site improvements and land disturbing
activity involving fill or regrading shall not be authorized in the floodway unless the floodway
encroachment analysis required in Section 8.79.280(a) of this chapter demonstrates the proposed
work will not result in any increase in the base flood level during occurrence of the base flood
discharge.
8.79.570 - Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, when intended to support buildings and structures, fill shall comply
with the requirements of the building code. The placement of fill intended to change base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs shall be subject to the requirements of Section 8.79.290 of this chapter.
ARTICLE 304 INSTALLATION OF MANUFACTURED HOMES
8.79.580 - Installation. All manufactured homes installed in flood hazard areas shall be installed
by an installer that is licensed pursuant to the Business and Professions Code and shall comply
with the requirements of the Department of Housing and Community Development (HCD) and
the requirements of this chapter. In addition to permits pursuant to this chapter, permits from the
HCD are required where the HCD is the enforcement agency for installation of manufactured
homes. Upon completion of installation and prior to the final inspection by the Floodplain
Administrator, the installer shall submit certification of the elevation of the manufactured home,
prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
8.79.590 - Foundations. All new and replacement manufactured homes, including substantial
improvement of manufactured homes installed in flood hazard areas shall be installed on
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permanent, reinforced foundations that are designed in accordance with the foundation
requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and this chapter.
Foundations for manufactured homes subject to Section 8.79.620 of this chapter are permitted to
be reinforced piers or other foundation elements of at least equivalent strength.
8.79.600 - Anchoring. All new and replacement manufactured homes to be placed or substantially
improved in a flood hazard area shall be installed using methods and practices which minimize
flood damage and shall be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition
to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
8.79.610 - General elevation requirement. Unless subject to the requirements of Section
8.79.620 of this chapter, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as
applicable to the flood hazard area, is at or above the base flood elevation.
8.79.620 - Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 8.79.610 of this chapter,
including manufactured homes that are placed, replaced, or substantially improved on sites located
in an existing manufactured home park or subdivision, unless on a site where substantial damage
as a result of flooding has occurred, shall be elevated such that either the:
a) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the
flood hazard area, is at or above the base flood elevation.
b) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
8.79.630 - Flood damage-resistant materials. Materials below elevated manufactured homes
shall comply with the flood-damage resistant materials requirements of Section R322 of the
residential code (CCR Title 24 Part 2.5).
8.79.640 - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply
with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part
2.5).
8.79.650 - Protection of mechanical equipment and outside appliances. Mechanical equipment
and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest
horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent
water from entering or accumulating within their components and the systems are
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constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects
of buoyancy, during the occurrence of flooding up to the elevation required by Section
8.79.610 or Section 8.79.620, as applicable, the systems and equipment shall be permitted
to be located below that elevation. Electrical wiring systems shall be permitted below the
design flood elevation provided they conform to the provisions of NFPA 70 (National
Electric Code).
ARTICLE 305 RECREATIONAL VEHICLES
8.79.660 - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on
a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.
Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions, such as rooms, stairs, decks and porches.
8.79.670 - Permanent placement. Recreational vehicles that do not meet the limitations in Section
305-1 for temporary placement shall meet the requirements of Article 304 for manufactured
homes.
ARTICLE 306 OTHER DEVELOPMENT
8.79.680 - General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this chapter or the building code, shall:
a) Be located and constructed to minimize flood damage.
b) Meet the limitations of Section 8.79.560 of this chapter when located in a regulated
floodway.
c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
d) Be constructed of flood damage-resistant materials.
e) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of the building code
for wet locations.
8.79.690 - Tanks. Tanks that serve buildings shall comply with the requirements of the building
code. Underground and above-ground tanks that serve other purposes shall be designed,
constructed, installed and anchored in accordance with ASCE 24.
8.79.700 - Requirements for temporary structures and temporary storage in flood hazard
areas. Temporary structures shall be erected for a period of less than 180 days and temporary
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storage of goods and materials shall be permitted for a period of less than 180 days. Extensions
may be granted in accordance with Section 8.79.230 of this chapter. In addition, the following
apply:
a) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement
resulting from hydrostatic loads, including the effects of buoyancy, during conditions of
the design flood. Fully enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
b) Temporary stored materials shall not include hazardous materials.
c) The requirements of Section 8.79.560 of this chapter, when located in floodways.
8.79.710 - Fences in floodways. Fences in floodways that have the potential to block the passage
of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section
8.79.560 of this chapter.
8.79.720 - Oil derricks. Oil derricks located in flood hazard areas shall be designed in
conformance with flood loads required by the building code.
8.79.730 - Retaining walls, sidewalks and driveways in floodways. Retaining walls and
sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of
Section 8.79.560 of this chapter and the requirements for site grading in Chapter 18 of the building
code.
8.79.740 - Roads and watercourse crossings in floodways. Roads and watercourse crossings that
encroach into floodways or riverine waterways with base flood elevations where floodways have
not been designated, including roads, bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the
limitations of Section 8.79.560 of this chapter. Alteration of a watercourse that is part of work
proposed for a road or watercourse crossing shall meet the requirements of Section 8.79.280(c) of
this chapter.
8.79.750 - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-
ground swimming pools that involve placement of fill in floodways shall meet the requirement of
Section 8.79.560 of this chapter.
ARTICLE 307 FLOOD CONTROL PROJECTS
8.79.760 - Flood control projects; general. In addition to applicable Federal, State and other local
permits, a permit for floodplain development is required for construction of flood control projects.
The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base
flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations,
issuance of this permit does not address the sufficiency of the structural elements of the proposed
flood control project. Permits for floodplain development and building permits in areas affected
by proposed flood control projects shall not be issued based on Conditional Letters of Map
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Revision issued by FEMA.
8.79.770 - Flood control projects; applications. Applications for permits for flood control
projects shall include documentation including but not limited to:
a) Site plan or document showing the existing topography and the boundaries of the flood
hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.
b) Site plan or document showing the proposed topography and the proposed changes to the
boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
c) The documentation submitted to FEMA for a Conditional Letter of Map Revision
(CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements
and processing fees shall be the responsibility of the applicant. A CLOMR is required when
a proposed flood control project alters a floodway and increases base flood elevations more
than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which
base flood elevations are included in the Flood Insurance Study or on the FIRM and
floodways have not been designated and increases base flood elevations more than 1.0
foot.”
SECTION 3. Applicability. For the purposes of jurisdictional applicability, this Ordinance shall
apply in the City of San Bernardino. This Ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this Ordinance.
SECTION 4. Chapter 19.16 Repealed. Chapter 19.16 (FP (Flood Plain Overlay) Zone) of the
San Bernardino Municipal Code is hereby repealed.
SECTION 5. Inclusion into the San Bernardino Municipal Code. It is the intent of the City
Council of the City of San Bernardino that the provisions of this Ordinance shall become and be
made a part of the San Bernardino Municipal Code, and that the sections of this Ordinance may
be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,”
“regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance
is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after the date of its
adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to
the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
to by the Clerk this ___ day of __________________, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1622, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 18th day of October, 2023. Ordinance No. MC-1622 was approved,
passed and adopted at a regular meeting held the ___ day of _______________, 2023, by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
_______________, 2023.
____________________________________
Genoveva Rocha, CMC, City Clerk
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INTRODUCTION: FLOODPLAIN
ORDINANCE (FPO)
Presented by
City of San Bernardino
Public Work Department
October 18, 2023
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title, and waive further reading of the following
Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A
NEW CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
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National Flood Insurance Program
•Purpose
•Enables property owners in participating communities
to purchase flood insurance.
•Background
•Established by the U.S. Congress through the
National Flood Insurance Act of 1968.
•Administered by the Federal Emergency Management
Agency (FEMA).
•Partnership / mutual agreement between the Federal
Government and State and local governments.
•City applied and was accepted into the NFIP on July
16, 1979.
•FEMA and State Dept. of Water Resources (DWR)
last updated the regulations in August 2020.
•City last updated the Floodplain Ordinance on
January 2, 2014.
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•Requirements
•Jurisdictions must adopt the latest floodplain regulations and
a floodplain ordinance.
•Regulations must be in accordance with FEMA and DWR
requirements.
•Process
•Repealing Chapter 19.16 of the City Municipal Code, which
contains outdated floodplain regulations.
•Adopt a new Chapter 8.79 of the City Municipal Code for the
up-to-date Floodplain Ordinance.
•Adopt Flood Insurance Rate Map and Flood Insurance Study
when finalized by DWR.
•Designate City Engineer to be the Floodplain Administrator.
National Flood Insurance Program
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Adopting and enforcing flood maps and a flood damage prevention ordinance.
Recognizing flood hazards in community planning.
Requiring permits for all types of development in the floodplain.
Assuring that building sites are reasonably safe from flooding.
establishing base flood elevations (BFE) where not determined on Flood Insurance Rate
Map.
Requiring new and substantially improved homes and manufactured homes to be
elevated above the BFE.
Requiring non-residential buildings to be elevated above the BFE or dry flood-proofed.
Proposed Regulations
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Determining if damaged buildings are substantially damaged.
Conducting field inspections.
Citing and issuing remedy violations.
Requiring and maintaining surveyed elevation information to document compliance.
Carefully considering requests for variances
Resolving non-compliance and violations of floodplain management requirements.
Advising and working with FEMA and the State when updates to flood maps are needed.
Maintaining records for review.
Responding to periodic requests for reports to FEMA.
Proposed Regulations
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There is no fiscal impact to the City‘s General Fund as a result of
this action.
Fiscal Impact
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title, and waive further reading of the following
Ordinance:
Ordinance No. MC-___: AN ORDINANCE BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A
NEW CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
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Questions?
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely; Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations,
and Maintenance
Department:Public Works
Subject:Amendment No. 1 to Memorandum of Understanding for
Temporary License between the City of San Bernardino
and the San Bernardino City Unified School District, and
Southern California Gas Company; and Approve a Task
Order for Design Services for the Cross Street Bridge
Emergency Replacement (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for
the Temporary License between the City of San Bernardino and the San
Bernardino City Unified School District and Southern California Gas Company
(“SoCal Gas”) for use of property on Fairfax Elementary School; and
2. Authorize the Agency Director of Administrative Services to approve a task
order for design services to the City’s on-call consultant, IMEG Consultants
Corp., in the amount of $190,190 for the Cross Street Bridge Emergency
Replacement project.
Executive Summary
There are two actions requested in this staff report.
(1) Approval of Amendment No. 1 to the current MOU is a crucial step as it allows
for the temporary use of Fairfax Elementary School's property for the installation
of a temporary utility gas line. This is a required step before the demolition of the
Cross Street Bridge.
(2) Authorize the Agency Director of Administrative Servies to approve a task order
for design services by IMEG Consultants Corp., the City's on-call consultant, for
the final design and permitting activities for the new Cross Street bridge
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construction.
These two actions will ensure successful completion of the project, with efficient
temporary utility services and a seamless transition to bridge construction,
benefiting the City of San Bernardino and its residents.
Background
In late February 2023, the vehicular bridge located at 1367 Cross Street was
condemned due to fire damage. Subsequently, the bridge was closed to both
vehicular and pedestrian traffic. Given the emergency nature of the situation, the
City's on-call consultant, IMEG, was promptly issued a task order for conducting
structural assessments and preliminary design work, in accordance with City
Municipal Code, Section 3.04.030.
The bridge is situated over the flood control channel and serves as the sole access
point to a small residential neighborhood. The condemnation of the bridge following
the fire incident resulted in a total loss of access, including for emergency services,
to the neighborhood, creating an urgent situation. In response to these conditions,
the City evaluated available options and determined that the open field within the
northeastern part of the adjacent property belonging to Fairfax Elementary School,
could be utilized to establish a temporary access route from East 17th Street to
North Fairfax Drive. With the cooperation of the San Bernardino City Unified School
District (SBCUSD), a temporary access road was constructed that connects North
Fairfax Drive to East 17th Street through the school property. Access was promptly
provided upon the bridge's closure.
On April 19, 2023, the City Council officially approved an MOU between the
SBCUSD and the City to allow temporary access until the restoration of the bridge.
Discussion
The Cross Street Bridge spans the Del Rosa Channel, which is operated and
maintained by the San Bernardino County Flood Control District (SBCFCD).
Consequently, the City is required to obtain a permit for the construction of the newly
proposed bridge. The City has collaborated with the (SBCFCD) and has submitted
the proposed plans for permit issuance.
The bridge replacement requires the removal and replacement of utilities currently
situated within the existing bridge. The City has coordinated efforts with the San
Bernardino Municipal Water Department (SBMWD) and the SoCal Gas Company
to facilitate the relocation of their existing utilities from the bridge. To meet the permit
requirements set forth by the San Bernardino County Fire Department (SBCFD), the
existing gas line must be relocated before proceeding with the demolition.
A task order in the amount of $190,190 is being requested with IMEG Consultants
Corp., the City's on-call consultant, for the final design and permitting activities for
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the new Cross Street bridge construction under the City Manger’s authority.
Proposed Plan to Address the Bridge
As part of their initial scope, IMEG conducted a review of the site conditions and
presented a two-phase strategy for establishing a permanent access solution to the
neighborhood served by the Cross Street Bridge.
Originally, IMEG was authorized to proceed with an analysis aimed at rehabilitating
the existing bridge. However, after conducting field inspections and in-depth
structural investigations, it became evident that replacing the bridge would be a
more cost-effective solution than attempting to rehabilitate the aging bridge.
The design for the bridge replacement includes additional elements that were not
initially covered in IMEG's original scope and the associated fee of $88,750.
IMEG will be responsible for developing construction plans, specifications, and
estimates (PS&E) for the planned bridge replacement. Furthermore, their scope of
work will encompass bid support and construction assistance as well.
SoCal Gas will oversee the design and replacement of the gas line separately. This
necessitates an amendment to the existing MOU between the City and the SBCUSD
to include SoCal Gas. The City has worked in cooperation with SoCal Gas, and they
have agreed to enter into an MOU with both the City and the SBCUSD.
To minimize ongoing disruption to Fairfax Elementary School and to return the
school property to its original state, staff and IMEG are working to complete the
bridge design and permitting so that the construction phase can begin as soon as
possible.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 2b: Focused,
Aligned Leadership and Unified Community - Evaluate operations and performance,
investment in resources, technology, and tools to continually improve organizational
efficiency and effectiveness. Approval of this amendment will assist the City with
establishing multiagency partnerships and restructure governmental relationships
to meet shared goals while appropriately utilizing public school spaces for
educational and community purposes.
Fiscal Impact
There is no additional fiscal impact to the General Fund with this action. Sufficient
funding is available in the project budget to complete design services. The Mayor
and City Council approved a $1,000,000 budget amendment for the project
construction in FY 2022/23 and this amount will be carried over into FY 2023/24.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for
the Temporary License between the City of San Bernardino and the San
Bernardino City Unified School District and Southern California Gas Company
(“SoCal Gas”) for use of property on Fairfax Elementary School; and
1. Authorize the Agency Director of Administrative Services to approve a task
order for design services to the City’s on-call consultant, IMEG Consultants
Corp., in the amount of $190,190 for Cross Street Bridge Emergency
Replacement project.
Attachments
Attachment 1 MOU with SBCUSD Amendment No. 1
Attachment 2 Original MOU with SBCUSD
Attachment 3 Design Services Agreement with IMEG
Attachment 4 Scope of Work, IMEG
Ward:
Second Ward
Synopsis of Previous Council Actions:
April 19, 2023 Ratify Memorandum of Understanding for Temporary License
between the City of San Bernardino and the San Bernardino
City Unified School District and Southern California Gas
Company.
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AMENDMENT NO. 1 TO
MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT,
SOUTHERN CALIFORNIA GAS COMPANY
AND THE CITY OF SAN BERNARDINO
This Amendment No. 1 to the Memorandum of Understanding for is made and
entered into as October 18, 2023 (“Effective Date”) by and between the City of San
Bernardino, a charter city and municipal corporation (“City”), the San Bernardino City
Unified School District (“SBCUSD”) and Southern California Gas Company (“SoCalGas”).
For the purposes of this Amendment No. 1, City, SBCUSD, and SoCalGas are sometimes
referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and SBCUSD have entered into a Memorandum of
Understanding, dated March 10, 2023, for the purpose of providing temporary road
access during the construction of a new channel bridge (the “MOU”).
B. WHEREAS, construction of the new channel bridge will require the removal
of the existing gas line in order to proceed with bridge demolition activities.
C. WHEREAS, there is no auxiliary gas main to service the existing residential
neighborhood adjacent to the channel bridge.
D. WHEREAS, City and SBCUSD desire to install a temporary gas line to allow
residents to maintain gas service while the construction of the new channel bridge
continues.
E. WHEREAS, SoCalGas has agreed to perform the installation of the
temporary gas line.
F. WHEREAS, the purpose of this Amendment No. 1 is to define the rights and
responsibilities of the Parties related to the installation of the temporary gas line and add
SoCalGas as a party to the MOU for the purposes of carrying out the installation of the
temporary gas line.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the MOU,
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.
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2. Addition of New Party. The Parties hereby agree that SoCalGas shall be
added as a Party to the MOU solely with respect to the installation services and
obligations outlined in Section 12 of the MOU.
3. Addition of Section 12 to the MOU. Section 12 shall be added to the MOU
to read as follows:
“12. Installation of Temporary Gas Line.
a. General Grant. Subject to the terms and conditions hereinafter set
forth, SBCUSD hereby grants to SoCalGas a revocable, non-exclusive license in, on,
over, under and across the Property to install approximately 550 linear feet of 2” plastic
main for distribution of natural gas (herein after, referred to as the "Temporary Natural
Gas Line"), on the Property, across or along the Property. The exact location of the
Temporary Natural Gas Line being more particularly shown on Exhibit "B-1" attached
hereto and incorporated herein by reference.
b. Use. SoCalGas shall use Property and the Temporary Natural Gas
Line solely for the transmission of natural gas and shall not use it for any other purpose
whatsoever. No change shall be made by SoCalGas in the use of the Property or
Temporary Natural Gas Line without SBCUSD’s prior written approval.
c. Hazardous Materials Use and Related Indemnity.
i. Use and Termination. SoCalGas intends to use the
Temporary Natural Gas Line to transport medium pressure natural gas. The Parties
acknowledge that natural gas may be considered a Hazardous Material. As used in this
license, "Hazardous Materials" means any chemical, substance or material which is
now or becomes in the future listed, defined or regulated in any manner by any
Environmental Law based upon, directly or indirectly, its properties or effects. As used
in this preceding sentence, "Environmental Law" means any federal, state or local
environmental, health and/or safety-related laws, regulations, standards, decisions of
the courts, permits or permit conditions, currently existing or as amended or adopted in
the future which are or become applicable to the SoCalGas or the Property. In using,
transporting or handling the medium pressure natural gas in the Temporary Natural Gas
Line and/or on the Property, SoCalGas agrees fully to comply with all applicable federal,
state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter
referred to as "Hazardous Materials Standards") concerning Hazardous Materials.
SoCalGas further agrees that at SBCUSD's request it will furnish SBCUSD with proof,
reasonably satisfactory to SBCUSD, that SoCalGas is in such compliance. SoCalGas
further covenants that it will not handle or transport any Hazardous Materials other than
medium pressure natural gas on the Temporary Natural Gas Line or the Property;
however, in the event that any other Hazardous Materials are used, handled or
transported in the Temporary Natural Gas Line or the Property, SoCalGas shall comply
with all requirements set forth in this section.
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d. Maintenance and Repair. SoCalGas shall, at its own cost and
subject to the approval of SBCUSD or his designee, repair and maintain the parts of the
Temporary Natural Gas Line and those portions of the Property used or occupied by
SoCalGas so that it will not at any time be a source of danger to or interference with
other activities on the Property. SoCalGas shall provide SBCUSD no less than ten (10)
days written notice and shall acquire all necessary approvals from SBCUSD prior to
SoCalGas's commencement of any such repair or maintenance work.
e. Construction and Installation.
i. The Temporary Natural Gas Line shall be installed and
constructed at the SoCalGas’s sole cost in accordance with the design plans attached
hereto as Exhibit "B-1." Any deviation from the plans shall be approved in writing by the
SBCUSD, which approval shall not be unreasonably withheld, conditioned or delayed.
ii. The construction of the Temporary Natural Gas Line shall be
accomplished in such a manner so that it will not interfere with or be a source of danger
to the property of SBCUSD, or the safe operation of activities on the Property.
SBCUSD may require that SBCUSD’s representative be present during some or all of
the installation of the Temporary Natural Gas Line. Notwithstanding the presence of the
SBCUSD’s representative, SoCalGas shall, at all times, retain full liability and
responsibility for all aspects of the installation.
f. Insurance. SoCalGas, at its sole cost and expense, shall obtain
and maintain in full force and effect insurance as required by SBCUSD and SoCalGas
in the amounts and coverage specified and issued by insurance companies as
described on Exhibit "C- 1". SoCalGas reserves the right, to review and change the
amount and type of insurance coverage it requires in connection with this agreement or
the work to be performed on the Temporary Natural Gas Line. Prior to (i) entering the
Property or (ii) performing any work or maintenance on the Temporary Natural Gas
Line, SoCalGas shall furnish SBCUSD and SoCalGas with the insurance endorsements
and certificates in the form and amounts specified in Exhibit "C-1," evidencing the
existence, amounts and coverage of the insurance required to be maintained
hereunder.
i. Restoration of the Property, Claims for Costs. Upon the termination
of this MOU or when the Temporary Natural Gas Line is no longer needed, SoCalGas,
upon demand of SBCUSD and at SoCalGas's own cost and expense, shall commence
and diligently prosecute to completion the abandonment and removal of the Temporary
Natural Gas Line and restoration of the Property to the same condition in which they
were prior to the placing of the Temporary Natural Gas Line thereunder, reasonable
wear and tear excepted. In no event shall SoCalGas have any claim against the
SBCUSD for any of the costs of constructing, maintaining or removing the Temporary
Natural Gas Line. No termination hereof shall release SoCalGas from any liability or
obligation hereunder, whether of indemnity or otherwise, resulting from any acts,
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omissions or events happening prior to the date the Temporary Natural Gas Line is
removed and the Property restored as above provided.
4. Addition of Exhibits “B-1” and “C-1” to the MOU. The MOU is hereby
amended by adding Exhibits “B-1” and “C-1”, attached hereto to this Amendment No. 1
and incorporated herein by this reference.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of
the MOU, 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.
6. 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.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND
THE CITY OF SAN BERNARDINO
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:
SBCUSD
APPROVED BY:
Charles McNeely,
Interim City Manager
Terry Comnick,
Associate Superintendent
SOCALGAS
APPROVED BY:
Will Liao
Region Planning Supervisor
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EXHIBIT B-1
EXHIBIT B-1
Depiction of Temporary Gas Line/Location
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EXHIBIT C-1
EXHIBIT C-1
INSURANCE
SoCalGas shall obtain, and shall require any consultant or contractor entering
the Property on its behalf to obtain insurance of the types and in the amounts described
below and satisfactory to SBCUSD and City.
A.Commercial General Liability Insurance. SoCalGas shall maintain
occurrence version commercial general liability insurance or equivalent form with a
combined single limit of not less than two million dollars ($2,000,000) per occurrence and
the general aggregate limit not less than four million dollars ($4,000,000). Such insurance
shall:
1. Include the SBCUSD and City, their respective officials, officers,
employees, agents, and consultants as additional insureds with respect to the use of the
Property and shall contain no special limitations on the scope of coverage or the
protection afforded to the additional insureds;
2. Be primary with respect to any insurance or self-insurance programs
covering the SBCUSD and City, its officials, officers, employees, agents and consultants;
and
3. Contain standard separation of insured provisions.
4. Contain a waiver of subrogation that waives any right the insurer has
against SBCUSD and City for any claims or suits.
B.Workers' Compensation Insurance. SoCalGas shall maintain workers'
compensation insurance with statutory limits and employers' liability insurance with limits
of not less than $1,000,000 per occurrence.
C.Automobile Liability. SoCalGas 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 with limits of not less than $1,000,000 combined single limit.
E.Certificates of Insurance. SoCalGas shall, prior to entering the Property,
furnish SBCUSD and City with properly executed certificates of insurance and, if
requested by SBCUSD and City, certified copies of endorsements s, which clearly
evidence all insurance required under this MOU and provide that such insurance shall be
not canceled, allowed to expire or be materially reduced in coverage, except on thirty (30)
days' prior written notice to SBCUSD and City. SBCUSD and City shall have the sole
discretion to determine whether the certificates and endorsements presented comply with
the provisions of this MOU.
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EXHIBIT C-1
F.Coverage Maintenance. SoCalGas shall replace certificates, policies and
endorsements for any insurance expiring prior to the termination of this MOU. Unless
otherwise provided for in this MOU, SoCalGas shall maintain such insurance from the
execution of this MOU until completion of the agreed use of SBCUSD’s property is
complete and the Property is fully restored, except as otherwise provided in this MOU.
G.Licensed Insurer. SoCalGas shall place such insurance with insurers
having A.M. Best Company ratings of no less than” A-,:VII”.
H.Self-Insurance.SoCalGas shall have the right to self-insure with respect
to any or all of the insurance required to be carried by SBCUSD and the City, and such
insurance shall be deemed to have satisfied any or all obligations required under this
agreement.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN BERNARDINO
This Memorandum of Understanding (“MOU”) is entered into as of this 10 day of
March, 2023 by and between the San Bernardino City Unified School District, a California
school district (“SBCUSD”); and the City of San Bernardino, a municipal corporation and
charter city (“City”). SBCUSD and City may be individually referred to as “Party” and
collectively as the “Parties”.
RECITALS
A. SBCUSD owns that certain real property described in Exhibit “A” attached
hereto and incorporated herein by reference (“Property”).
B. City has recently conducted an inspection of the bridge on Cross Street
which connects Conejo Drive and N Fairfax Drive and has determined that bridge must
be replaced.
C. The bridge replacement will result in a loss of road access for residents of
Cross Street and North Fairfax Drive.
D. City desires to obtain temporary access, as defined below, across the
Property for the purpose of providing alternate access for residents of Cross Street and
North Fairfax Drive during construction of a new channel bridge (“Project”).
NOW THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
TERMS
1. Recitals. The Recitals states above are incorporated into and made part of
this MOU for all purposes.
2. Grant of Temporary License SBCUSD hereby grants to City, its invitees,
guests and contractors, a temporary and non-exclusive license for ingress and egress,
construction and maintenance of an access road (“Access Road”) upon, over, and across
the Property (“Temporary Access Area”) as described in Exhibit “A”, attached hereto and
incorporated herein by this reference. Notwithstanding anything to the contrary above,
SBCUSD, its invitees, guests and tenants, may make any use of the Temporary Access
Area and Access Road.
3. Obligations of City.
a. Improvements. City shall improve the Temporary Access Area, at its
sole cost and expense, with grading, gravel and such other improvements in order to
construct and install the Access Road. Such other improvements shall include the
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installation of fencing in order to prevent access to the Property other than the Temporary
Access Area.
b. Maintenance. City shall be responsible, at its sole cost and expense,
for the maintenance and repair of the Access Road. City shall also employ and utilize
prudent dust control measures, signage and other actions to keep and maintain the
Access Road in good condition and to prevent City’s use of the Access Road from
becoming a nuisance to SBCUSD, SBCUSD’s tenants or invitees.
c. Condition of Property. Upon expiration of this MOU, City shall
restore the Temporary Access Area to the condition, as near as practicable, that existed
prior to City’s activities. Additionally, upon expiration of this MOU, City shall have no
other or further obligation, liability or duty in connection with the Property or to SBCUSD
except any liability conditions addressed in Section 5 below that may have arisen during
City’s use of the Temporary Access Area.
d. Security. City shall, at its own cost and expense, provide security
services until fencing is installed within the Temporary Access Area.
4. Term. This MOU shall go into effect upon the Effective Date and shall
remain in effect until an alternative access arrangement is entered into or construction
on the new bridge is completed.
5. Indemnity Each Party (“Indemnifying Party”) shall defend, indemnify and
hold every other Party (each an “Indemnified Party”), and their officials, officers,
employees, and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses (including legal fees), liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death (the “Claims”), arising out of or in
connection with the Indemnifying Party’s performance and obligations under this MOU,
except that the Indemnified Party shall not be responsible for any such Claim arising out
of Indemnified Party’s sole negligence or willful misconduct.
6. Entire MOU. This MOU is the result of negotiations between the Parties.
This MOU is intended by the Parties as a full and final expression of their understanding
with respect to the matters contained in this MOU.
7. Authority to Enter MOU. City warrants that the undersigned is authorized
to execute this MOU on behalf of City. SBCUSD warrants that it is the owner of the
Property and that the undersigned is authorized to execute this MOU on behalf of
SBCUSD.
8. Amendment; Modification. No supplement, modification, or amendment of
this MOU shall be binding unless executed in writing and signed by both Parties.
9. Attorneys’ Fees, Governing Law, Venue. In the event of a dispute between
the Parties with respect to the terms or conditions of this MOU, the prevailing Party shall
be entitled to collect from the other its reasonable attorneys’ fees as established by the
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judge or arbitrator presiding over such dispute. This MOU shall be governed by the laws
of the State of California. Venue shall be in San Bernardino County.
10. Counterparts. This MOU may be executed in any number of counterparts
each of which shall he deemed an original, but all of which together shall constitute one
and the same instrument.
11. Severability. If any term of this MOU is held by any court of competent
jurisdiction to contravene, or to be invalid under, the laws of any political body having
jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the
entire MOU. Instead, this MOU shall be construed as reformed to the extent necessary
to render valid the particular provision or provisions held to be invalid, consistent with the
original intent of that provision and the rights and obligations of the parties shall be
construed and enforced accordingly, and this MOU shall remain in full force and effect as
reformed.
[SIGNATURES ON FOLLOWING PAGE ]
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SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be duly executed
as of the date first written above
SBCUSD:
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
By:
Mohammad Islam
Interim Associate Superintendent
CITY:
CITY OF SAN BERNARDINO
By:
Charles McNeely,
Interim City Manager
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EXHIBIT “A”
DESCRIPTION OF PROPERTY AND
TEMPORARY ACCESS AREA
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CITY OF SAN BERNARDINO
DESIGN SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into as March 30th, 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, California 92401 (“City”), and IMEG, a California Corporation with its principal place
of business at 901 Via Piemonte, Suite 400, Ontario, Ca 91764 (hereinafter referred to as
“Designer”). City and Designer are sometimes individually referred to herein as “Party” and
collectively as “Parties.”
2. RECITALS.
2.1 City. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
2.2 Designer. Designer desires to perform and assume responsibility for the provision
of certain professional design services required by the City on the terms and conditions set forth
in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the
services required by this Agreement; provided, however, that if Designer is a corporation or other
organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself,
shall be fully licensed to practice as an architect and/or engineer in the State of California.
2.3 Project. City desires to engage Designer to render such services for the Cross
Street Bridge Rehabilitation ("Project") as set forth in this Agreement.
3. TERMS
3.1 Employment of Designer.
3.1.1 Scope of Services. Designer promises and agrees to furnish to City all
labor, materials, tools, equipment, services, and incidental and customary work necessary to fully
and adequately supply the professional design and related services necessary for the full and
adequate completion of the Project consistent with the provisions of this Agreement (hereinafter
referred to as “Services”). The Services are more particularly described throughout this
Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, any exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations. All Services performed by Designer shall be subject to the sole and
discretionary approval of the City, which approval shall not be unreasonably withheld.
3.1.2 Term. The term of this Agreement shall be from March 30th 2023 to March
30th 2024, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Project Designer; Key Personnel.
3.2.1 Project Designer. Designer shall name a specific individual to act as
Project Designer, subject to the approval of City. Designer hereby designates John M. Thompson
(License No. C82557) to act as the Project Designer for the Project. The Project Designer shall:
(1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the
Designer for all purposes under this Agreement; (3) supervise and direct the Services using his
or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences
and procedures used for the Services; (5) adequately coordinate all portions of the Services; and
(6) act as principal contact with City and all contractors, consultants, engineers and inspectors on
the Project. Any change in the Project Designer shall be subject to the City’s prior written
approval, which approval shall not be unreasonably withheld. The new Project Designer shall be
of at least equal competence as the prior Project Designer. In the event that City and Designer
cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate
this Agreement for cause.
3.2.2 Key Personnel. In addition to the Project Designer, Designer has
represented to the City that certain additional key personnel, engineers and consultants will
perform the Services under this Agreement. Should one or more of such personnel, engineers
or consultants become unavailable, Designer may substitute others of at least equal competence
upon written approval of the City. In the event that City and Designer cannot agree as to the
substitution of key personnel, engineers or consultants, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or
refuse to perform the Services in a manner acceptable to the City, or who are determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project
or a threat to the safety of persons or property, shall be promptly removed from the Project by the
Designer at the request of the City. The key additional personnel, engineers and consultants for
performance of this Agreement are as follows: John M. Thompson, Civil Client Executive,
C82557.
3.3 Hiring of Consultants and Personnel.
3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects
in writing after notice, to employ at its expense architects, engineers, experts or other consultants
qualified and licensed to render services in connection with the planning and/or administration of
the Project, and to delegate to them such duties as Designer may delegate without relieving
Designer from administrative or other responsibility under this Agreement. Designer shall be
responsible for the coordination and cooperation of Designer’s architects, engineers, experts or
other consultants. All consultants, including changes in consultants, shall be subject to approval
by City in its sole and reasonable discretion. Designer shall notify City of the identity of all
consultants at least fourteen (14) days prior to their commencement of work to allow City to
review their qualifications and approve to their participation on the Project in its sole and
reasonable discretion.
3.3.2 Qualification and License. All architects, engineers, experts and other
consultants retained by Designer in performance of this Agreement shall be qualified to perform
the Services assigned to them, and shall be licensed to practice in their respective professions,
where required by law.
3.3.3 Standards and Insurance. All architects, engineers, experts and other
consultants hired by Designer shall be required to meet all of the same standards and insurance
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requirements set forth in this Agreement, unless other standards or requirements are approved
by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements
with its consultants shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City
approval of any assignment, reassignment or replacement of such architects, engineers, experts
and consultants, or of other staff changes of key personnel working on the Project. As provided
in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to
approval by City.
3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be
retained by Designer at Designer’s sole expense.
3.4 Standard of Care.
3.4.1 Standard of Care. Designer shall perform all Services under this
Agreement in a skillful and competent manner, consistent with the standards generally recognized
as being employed by professionals qualified to perform the Services in the same discipline in the
State of California, and shall be responsible to City for damages sustained by the City and delays
to the Project as specified in the indemnification provision of this Agreement. Without limiting the
foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the
City as a result of any such delays in the design or construction of the Project. Designer
represents and maintains that it is skilled in the professional calling necessary to perform the
Services. Designer warrants and represents that all of its employees, architects, engineers,
experts and other consultants shall have sufficient skill and experience to perform the Services
assigned to them. Finally, Designer represents that it, its employees, architects, engineers,
experts and other consultants have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services assigned to or rendered by them and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to correct
errors or omissions which are caused by the Designer’s failure to comply with the standard of
care provided for herein.
3.4.2 Performance of Employees. Any employee or consultant who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee or
consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Designer and shall not be re-employed to perform
any of the Services or to work on the Project.
3.5 Laws and Regulations.
3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of
and in compliance with all applicable local, state and federal laws, rules and regulations in any
manner affecting the performance of the Services or the Project, and shall give all notices required
of the Designer by law. Designer shall be liable, pursuant to the standard of care and
indemnification provisions of this Agreement, for all violations of such laws and regulations in
connection with its Services. If the Designer performs any work knowing it to be contrary to such
laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.
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Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.5.2 Drawings and Specifications. Designer shall cause all drawings and
specifications to conform to any applicable requirements of federal, state and local laws, rules
and regulations, including the Uniform Building Code, in effect as of the time the drawings and
specifications are prepared or revised during the latest phase of the Services described in Exhibit
“A” attached hereto. Any significant revisions made necessary by changes in such laws, rules
and regulations after this time may be compensated as Additional Services which were not known
or reasonably should not have been known by Designer. Designer shall cause the necessary
copies of such drawings and specifications to be filed with any governmental bodies with approval
jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached
hereto. For the preparation of all such drawings and specifications, the Designer shall use
Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the
Designer and City.
3.5.3 Americans with Disabilities Act. Designer will use its best professional
efforts to interpret all applicable federal, state and local laws, rules and regulations with respect
to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform
City of the existence of inconsistencies of which it is aware or reasonably should be aware
between federal and state accessibility laws, rules and regulations, as well as any other issues
which are subject to conflicting interpretations of the law, and shall provide the City with its
interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such
inconsistencies and conflicting interpretations to the attention of the City and requests City’s
direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting
interpretations shall be the sole responsibility and liability of Designer, and the Designer shall
correct all plans, specifications and other documents prepared for the Project at no additional cost
if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s
direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the
Designer shall be responsible to the City only pursuant to the indemnification provisions of this
Agreement.
3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a
list of all permits, approvals or other authorizations required for the Project from all federal, state
or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist
the City in obtaining all such permits, approvals and other authorizations. The costs of such
permits, approvals and other authorizations shall be paid by the City.
3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.
Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in
compliance with all local, state and federal laws, rules and regulations that may impact, or be
implicated by the performance of the Services including, without limitation, all applicable
provisions of the City’s ordinances regulating water quality and storm water; the Federal Water
Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits
issued pursuant to any such authority. Designer shall additionally comply with the lawful
requirements of the City, and any other municipality, drainage district, or other local agency with
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jurisdiction over the location where the Services are to be conducted, regulating water quality and
storm water discharges.
(b) Standard of Care. Designer warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and
subcontractors will receive adequate training, as determined by the City, regarding these
requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and
ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify
and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
from and against any and all claims, demands, losses or liabilities of any kind or nature which the
City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for
noncompliance with the laws, regulations, and ordinances listed above, arising out of or in
connection with the Services, except for liability resulting from the sole established negligence,
willful misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement
action or civil action brought against the City for Designer’s failure to comply with any applicable
water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse
the City for the costs associated with, any settlement reached between the City and the relevant
enforcement entity.
(iii) Damages: City may seek damages from Designer for delay
in completing the Services caused by Designer’s failure to comply with the laws, regulations and
policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law,
regulation, or policy.
3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.
Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using
equipment and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the California Air Resources Board (CARB). Contractor shall
specifically be aware of the CARB limits and requirements’ application to “portable equipment”,
which definition is considered by CARB to include any item of equipment with a fuel-powered
engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any
other governmental or regulatory agency for violations of applicable laws, rules and/or
regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under
its indemnity obligations provided for in this Agreement.
3.6 Independent Contractor.
3.6.1 Control and Payment of Subordinates. City retains Designer on an
independent contractor basis and Designer is not an employee of City. Designer is not an
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employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits
afforded to City’s employees. Any additional personnel performing the Services under this
Agreement on behalf of Designer shall also not be employees of City, and shall at all times be
under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Designer shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.7 Schedule of Services.
3.7.1 Designer Services. Designer shall fully and adequately complete the
Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein
by reference.
3.7.2 Timely Performance Standard. Designer shall perform all Services
hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly
progress of the Project work so as not to be the cause, in whole or in part, of delays in the
completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Designer shall perform its Services so as to allow for the full and adequate completion
of the Project within the time required by the City and within any completion schedules adopted
for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the
performance of the Services, and shall be available to City’s staff, contractors and consultants at
all reasonable times.
3.7.3 Performance Schedule. Designer shall prepare an estimated time
schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be
unreasonably withheld, and shall include allowances for periods of time required for City’s review
and approval of submissions, and for approvals of authorities having jurisdiction over Project
approval and funding. If City and Designer cannot mutually agree on a performance schedule,
City shall have the authority to immediately terminate this Agreement. The schedule shall not be
exceeded by Designer without the prior written approval of City. If the Designer’s Services are
not completed within the time provided by the agreed upon performance schedule, or any
milestones established therein, it is understood, acknowledged and agreed that the City will suffer
damage for which the Designer will be responsible pursuant to the indemnification provision of
this Agreement.
3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following
shall be added to the time for completion of any obligations of Designer: (1) the actions of City or
its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions
of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not
within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor
the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such
delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for
such delays and the Designer will not receive an adjustment to the contract price or any other
compensation. A Force Majeure Event shall mean an event that materially affects a party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
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the issuance of permits or approvals by governmental authorities that are required for the work);
(4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor
action occurring at the project site and the effects thereof on the work, only to the extent such
strikes and other organized labor action are beyond the control of Designer and its subcontractors,
of every tier, and to the extent the effects thereof cannot be avoided by use of replacement
workers. For purposes of this section, “orders of governmental authorities,” includes ordinances,
emergency proclamations and orders, rules to protect the public health, welfare and safety, and
other actions of the City in its capacity as a municipal authority.
3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15)
calendar days of the beginning of any excusable delay, notify the City in writing of the causes of
delay (unless City grants in writing a further period of time to file such notice prior to the date of
final payment under the Agreement). City will then ascertain the facts and the extent of the delay,
and grant an extension of time for completing the Services when, in its sole judgment, the findings
of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive
on the parties. Extensions of time shall apply only to that portion of the Services affected by the
delay and shall not apply to other portions of the Services not so affected. The sole remedy of
Designer for extensions of time shall be an extension of the performance time at no cost to the
City. If Additional Services are required as a result of an excusable delay, the parties shall
mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should
Designer make an application for an extension of time, Designer shall submit evidence that the
insurance policies required by this Agreement remain in effect during the requested additional
period of time.
3.8 Additional Designer Services.
3.8.1 Request for Services. At City’s request, Designer may be asked to perform
services not otherwise included in this Agreement, not included within the basic services listed in
Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally
accepted design practice.
3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary for the Designer to perform at the
execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached
hereto. Designer shall not perform, nor be compensated for, Additional Services without prior
written authorization from City and without an agreement between the City and Designer as to
the compensation to be paid for such services. City shall pay Designer for any approved
Additional Services, pursuant to the compensation provisions herein, so long as such services
are not made necessary through the fault of Designer pursuant to the indemnification provision of
this Agreement.
3.8.3 Examples of Additional Services. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Designer was aware or should have been aware pursuant to
the laws and regulations provision of this Agreement above. Such Additional Services may
include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or
administration of work on portions of the Project separately bid.
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(b) Furniture and Interior Design. Assistance to City, if requested, for
the selection of moveable furniture, equipment or articles which are not included in the
Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or
insolvency of contractor, or by major defects in the work of the contractor, provided that any such
services made necessary by the failure of Designer to detect and report such matters when it
reasonably should have done so shall not be compensated.
(d) Inconsistent Approvals or Instructions. Revisions in drawings,
specifications or other documents when such revisions are inconsistent with written approvals or
instructions previously given and are due to causes beyond the control of Designer.
(e) Legal Proceedings. Serving as an expert witness on City's behalf
or attending legal proceedings to which the Designer is not a party.
(f) Damage Repair. Supervision of repair of damages to any structure.
(g) Extra Environmental Services. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Designer's services for the Project.
3.9 City Responsibilities. City’s responsibilities shall include the following:
3.9.1 Data and Information. City shall make available to Designer all necessary
data and information concerning the purpose and requirements of the Project, including
scheduling and budget limitations, objectives, constraints and criteria. As part of the budget
limitation information, the City shall provide the Designer with a preliminary construction budget
(“City’s Preliminary Construction Budget”).
3.9.2 Project Survey. If required pursuant to the scope of the Project and if
requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s
expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other
record documents which shall indicate existing structures, land features, improvements, sewer,
water, gas, electrical and utility lines, topographical information and boundary dimensions of the
site, and any other such pertinent information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the
opening and review of bids for the Project.
3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils,
geological or other tests required for proper design of the Project, and furnish such surveys,
borings, test pits, and other tests as may be necessary to reveal conditions of the site which must
be known to determine soil condition or to ensure the proper development of the required
drawings and specifications.
3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials
testing and inspection or environmental/hazardous materials testing and inspection pursuant to
any applicable laws, rules or regulations.
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3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurisdiction over the Project.
3.9.7 City’s Representative. The City hereby designates Charles E. McNeely, or
his or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Representative hereby designates Daniel Hernandez, Director of
Public Works, or his or her designee, as the City’s contact for the implementation of the Services
hereunder. Contractor shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.9.8 Review and Approved Documents. Review all documents submitted by
Designer, including change orders and other matters requiring approval by the City Council or
other officials. City shall advise Designer of decisions pertaining to such documents within a
reasonable time after submission, so as not to cause unreasonable delay as provided in the
excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer,
for the performance of all Services rendered under this Agreement, the total not to exceed amount
of Eighty Eight Thousand Seven Hundred and Fifty Dollars ($88,750.00) (“Total Compensation”).
This Total Compensation amount shall be based upon, and may be adjusted according to, the
fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated
herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall
constitute complete and adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this
Agreement, City may request that Designer perform Additional Services. As used herein,
Additional Services means any work which is determined by City to be necessary for the proper
completion of the Project, but which the Parties did not reasonably anticipate would be necessary
at the execution of this Agreement. Any additional work in excess of this amount must be
approved by the City. If authorized, such Additional Services will be compensated at the rates
and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference,
unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If
City requires Designer to hire consultants to perform any Additional Services, Designer shall be
compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and
incorporated herein by reference, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties. City shall have the authority to review and approve the rates
of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by
such consultants pursuant to the terms and conditions of Section 3.10.3.
3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to
compensation for the Services and Additional Services. Designer shall not be reimbursed for any
expenses unless authorized in writing by City, which approval may be evidenced by inclusion in
Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses
which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer
shall be required to acquire prior written consent in order to obtain reimbursement for the
following: (1) extraordinary transportation expenses incurred in connection with the Project; (2)
out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing
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approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in
excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
3.10.4 Payment to Designer. Designer’s compensation and reimbursable
expenses shall be paid by City to Designer no more often than monthly. Such periodic payments
shall be made based upon the percentage of work completed, and in accordance with the phasing
and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C”
attached hereto and incorporated herein by reference. In order to receive payment, Designer
shall present to City an itemized statement which indicates Services performed, percentage of
Services completed, method for computing the amount payable, and the amount to be paid at the
address listed in Section 3.29. The statement shall describe the amount of Services provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement, as well as those expenses for which
reimbursement is requested for that statement period. The amount paid to Designer shall never
exceed the percentage amounts authorized by the phasing and funding schedule located in
Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review
the statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than
monthly, proportionate to the degree of completion of such services or in such other manner as
the parties shall specify when such services are agreed upon, and in accordance with any
authorized fee or rate schedule. In order to receive payment, Designer shall present to City an
itemized statement which indicates the Additional Services performed, percentage of Additional
Services completed, method for computing the amount payable, and the amount to be paid. The
statement shall describe the amount of Additional Services provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within thirty (30) days of receiving such statement, review
the statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Designer shall be compensated as
set forth in the termination provision herein.
3.10.5 Withholding Payment to Designer. The City may withhold payment, in
whole or in part, to the extent reasonably necessary to protect the City from claims, demands,
causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent
arising out of or caused by the negligence, recklessness, or willful misconduct protected under
the indemnification provisions of this Agreement. Failure by City to deduct any sums from a
progress payment shall not constitute a waiver of the City’s right to such sums. The City may
keep any moneys which would otherwise be payable at any time hereunder and apply the same,
or so much as may be necessary therefor, to the payment of any expenses, losses, or damages
as determined by the City, incurred by the City for which Designer is liable under the Agreement
or state law. Payments to the Designer for compensation and reimbursable expenses due shall
not be contingent on the construction, completion or ultimate success of the Project. Payment to
the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of
offsetting reimbursement or credit from parties not within the Designer’s reasonable control.
3.10.6 Prevailing Wages. Designer 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
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wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Designer agrees to fully comply with and to require its
consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a
copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Designer shall make copies of the prevailing rates of per diem wages for each craft, classification
or type of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Designer’s principal place of business and at the Project site.
Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents
free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure
or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It
shall be mandatory upon the Designer and all subconsultants to comply with all California Labor
Code provisions, which include but are not limited to prevailing wages (Labor Code Sections
1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and
1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The
requirement to submit certified payroll records directly to the Labor Commissioner under Labor
Code section 1771.4 shall not apply to work performed on a public works project that is exempt
pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.10.7 Registration. 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 Designer and all subconsultants performing such Services must be registered with
the Department of Industrial Relations. Designer shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.10.8 Labor Compliance. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Designer or any
subcontractor that affect Designer’s performance of Services, including any delay, shall be
Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be
considered Designer caused delay and shall not be compensable by the City. Designer shall
defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Designer or any subcontractor.
3.11 Notice to Proceed.
Designer shall not proceed with performance of any Services under this Agreement unless
and until the City provides a written notice to proceed.
3.12 Termination, Suspension and Abandonment.
3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby
reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the
Project and the construction work thereon, or to terminate this Agreement at any time with or
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without cause. Designer shall be provided with at least seven (7) days advanced written notice
of such suspension, abandonment or termination. In the event of such suspension, abandonment
or termination, Designer shall be paid for Services and reimbursable expenses rendered up to
the date of such suspension, abandonment or termination, pursuant to the schedule of payments
provided for in this Agreement, less any claims against or damages suffered by City as a result
of the default, if any, by Designer. Designer hereby expressly waives any and all claims for
damages or compensation arising under this Agreement, except as set forth herein, in the event
of such suspension, abandonment or termination. Designer may terminate this Agreement for
substantial breach of performance by the City such as failure to make payment to Designer as
provided in this Agreement.
3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City,
City may require Designer to resume such Services within ninety (90) days after written notice
from City. When the Project is resumed, the Total Compensation and schedule of Services shall
be equitably adjusted upon mutual agreement of the City and Designer.
3.12.3 Documents and Other Data. Upon suspension, abandonment or
termination, Designer shall provide to City all preliminary studies, sketches, working drawings,
specifications, computations, and all other Project Documents, as defined below, to which City
would have been entitled at the completion of Designer’s Services under this Agreement. Upon
payment of the amount required to be paid to Designer pursuant to the termination provisions of
this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such
Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall
make such documents available to City upon request and without additional compensation other
than as may be approved as a reimbursable expense.
3.12.4 Employment of other Designers. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.13 Ownership and Use of Documents; Confidentiality.
3.13.1 Ownership. All plans, specifications, original or reproducible
transparencies of working drawings and master plans, preliminary sketches, design presentation
drawings, structural computations, estimates and any other documents prepared pursuant to this
Agreement, including, but not limited to, any other works of authorship fixed in any tangible
medium of expression such as writings, physical drawings and data magnetically or otherwise
recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and
remain the property of City. Although the official copyright in all Project Documents shall remain
with the Designer or other applicable subcontractors or consultants, the Project Documents shall
be the property of City whether or not the work for which they were made is executed or
completed. Within thirty (30) calendar days following completion of the Project, Designer shall
provide to City copies of all Project Documents required by City. In addition, Designer shall retain
copies of all Project Documents on file for a minimum of fifteen (15) years following completion of
the Project, and shall make copies available to City upon the payment of reasonable duplication
costs. Before destroying the Project Documents following this retention period, Designer shall
make a reasonable effort to notify City and provide City with the opportunity to obtain the
documents.
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3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part
of the Project Documents, at City’s sole discretion and with no additional compensation to
Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction
or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its
ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such
documents are used or reused for these purposes. City shall be able to use or reuse the Project
Documents for these purposes without risk of liability to the Designer or third parties with respect
to the condition of the Project Documents, and the use or reuse of the Project Documents for
these purposes shall not be construed or interpreted to waive or limit City’s right to recover for
latent defects or for errors or omissions of the Designer.
Any use or reuse by City of the Project Documents on any project other than this Project
without employing the services of Designer shall be at City’s own risk with respect to third parties.
If City uses or reuses the Project Documents on any project other than this Project, it shall remove
the Designer’s seal from the Project Documents and hold harmless Designer and its officers,
directors, agents and employees from claims arising out of the negligent use or re-use of the
Project Documents on such other project.
3.13.3 License. This Agreement creates a non-exclusive and perpetual license
for City to copy, use, modify or reuse any and all Project Documents and any intellectual property
rights therein. Designer shall require any and all subcontractors and consultants to agree in
writing that City is granted a non-exclusive and perpetual license for the work of such
subcontractors or consultants performed pursuant to this Agreement.
3.13.4 Right to License. Designer represents and warrants that Designer has the
legal right to license any and all copyrights, designs and other intellectual property embodied in
the Project Documents that Designer prepares or causes to be prepared pursuant to this
Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification
provisions of this Agreement for any breach of this Section. Designer makes no such
representation and warranty in regard to previously prepared designs, plans, specifications,
studies, drawings, estimates or other documents that were prepared by design professionals
other than Designer and provided to Designer by City.
3.13.5 Confidentiality. All Project Documents, either created by or provided to
Designer in connection with the performance of this Agreement, shall be held confidential by
Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All
Project Documents shall not, without the written consent of City, be used or reproduced by
Designer for any purposes other than the performance of the Services. Designer shall not
disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Designer
which is otherwise known to Designer or is generally known, or has become known, to the related
industry shall be deemed confidential. Designer shall not use City’s name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
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magazine, trade paper, newspaper, television or radio production or other similar medium without
the written consent of City.
3.14 Indemnification.
3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Designer’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials,
officers, employees, agents, or volunteers.
3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises
out of Designer’s performance of “design professional” services (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, Designer’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction,
Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s
proportionate percentage of fault.
3.15 Insurance. Designer shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that it has secured all insurance required under this
Section. In addition, Designer shall not allow any subconsultant to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subconsultant has
secured all insurance required under this section.
3.15.1 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in
full force and effect for the duration of the Agreement the following policies of insurance. If the
existing policies do not meet the insurance requirements set forth herein, Designer agrees to
amend, supplement or endorse the policies to do so.
3.15.2 Additional Insured. The City of San Bernardino, its officials, officers,
employees, agents, and volunteers shall be named as additional insureds on Designer’s and its
subconsultants’ policies of commercial general liability and automobile liability insurance using
the endorsements and forms specified herein or exact equivalents.
3.15.3 Commercial General Liability
(a) The Designer 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.
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(b) Coverage for Commercial General Liability insurance shall be at
least as broad as the following: Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent. 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
(c) 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.
(d) The policy shall give City, the City Council and each member of the
City Council, its 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.
(e) 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.
3.15.4 Automobile Liability
(a) At all times during the performance of the work under this
Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(c) The policy shall give City, the City Council and each member of the
City Council, its officers, employees, agents and City designated volunteers additional insured
status.
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(d) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(b) To the extent Designer has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Designer 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.
Designer 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.
3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this
Agreement the Designer 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 Designer. “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.
3.15.7 Privacy/Network Security (Cyber
(a) 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.
3.15.8 Minimum Policy Limits Required
(a) 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
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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
(b) Defense costs shall be payable in addition to the limits.
(c) Requirements of specific coverage or limits contained in this
Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Designer 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.
3.15.10 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this Agreement, except that the Designer shall
provide at least ten (10) days prior written notice of cancellation of any such policy due to non-
payment of premium. If any of the required coverage is cancelled or expires during the term of
this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability
Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of
cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Designer’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Designer shall maintain such coverage continuously for a period
of at least three years after the completion of the work under this Agreement. Designer 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.
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(d) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Designer from liability in
excess of such coverage, nor shall it limit the Designer’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.
3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements: Each
such policy shall be from a company or companies with a current A.M. Best's rating of no less
than A:VII and admitted to transact in the business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers under applicable provisions of
the California Insurance Code or any federal law.
3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Designer, 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 Designer pursuant to this Agreement, including but not limited to, the provisions
concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Designer or City will withhold
amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel
this Agreement.
(c) The City may require the Designer to provide complete copies of all
insurance policies in effect for the duration of the Project.
(d) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
3.15.13 Subconsultant Insurance Requirements
(a) Designer 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
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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 Designer, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
3.16 Records.
Designer shall maintain complete and accurate records with respect to all costs and
expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer
shall allow a representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and
activities related to the Agreement for a period of five (5) years from the date of final payment
under this Agreement.
3.17 Standardized Manufactured Items.
Designer shall cooperate and consult with City in the use and selection of manufactured
items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and
electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items
shall be standardized to City’s criteria to the extent such criteria do not interfere with building
design.
3.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
herein. Any additional or subsequent construction at the site of the Project, or at any other City
site, will be covered by, and be the subject of, a separate Agreement for design services between
City and the designer chosen therefor by City.
3.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable
to the parties hereto. The type and process of mediation to be utilized shall be subject to the
mutual agreement of the parties.
3.20 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,
Designer 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.
3.21 Asbestos Certification.
Designer shall certify to City, in writing and under penalty of perjury, that to the best of its
knowledge, information and belief no asbestos-containing material or other material deemed to
be hazardous by the state or federal government was specified as a building material in any
construction document that the Designer prepares for the Project. Designer shall require all
consultants who prepare any other documents for the Project to submit the same written
certification. Designer shall also assist the City in ensuring that contractors provide City with
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certification, in writing and under penalty of perjury, that to the best of their knowledge, information
and belief no material furnished, installed or incorporated into the Project contains asbestos or
any other material deemed to be hazardous by the state or federal government. These
certifications shall be part of the final Project submittal. Designer shall include statements in its
specifications that materials containing asbestos or any other material deemed to be hazardous
by the state or federal government are not to be included.
3.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party
except as expressly provided herein.
3.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the
State of California. Venue shall be in San Bernardino County.
3.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this
Agreement and are incorporated as if fully set forth.
3.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
3.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
3.27 Safety.
Designer shall execute and maintain its work so as to avoid injury or damage to any person
or property. In carrying out its Services, the Designer shall at all times be in compliance with all
applicable local, state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of its employees, consultant and subcontractors appropriate to the
nature of the work and the conditions under which the work is to be performed.
3.28 Harassment Policy.
Designer shall provide a copy of the City's Harassment Policy to each of its employees
assigned to perform the tasks under this Agreement. Designer shall submit to the City's
Personnel Manager a statement signed by each of its employees who are assigned to perform
the Services under this Agreement certifying receipt of City's Harassment Policy and certifying
that they have read the Harassment Policy. A finding by the City that any of Designer's employees
has harassed a City employee shall be grounds for appropriate discipline, up to and including
such employee's removal from performance of this Agreement at City's request.
3.29 Delivery of Notices.
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All notices permitted or required under this Agreement shall be given to the respective
parties at the following address, or at such other address as the respective parties may provide
in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
With a Copy to:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
DESIGNER:
IMEG
901 Via Piemonte, Suite 400
Ontario, Ca 91764
Attn: John M. Thompson
Civil Client Executive
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with
this Project or other projects.
3.32 Prohibited Interests.
3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Designer, to
solicit or secure this Agreement. Further, Designer 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 Designer, 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.
3.32.2 Conflict of Interest. For the term of this Agreement, no director, 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.
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3.33 Equal Opportunity Employment.
Designer 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 any other classification protected by federal or state law.
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. Designer shall also comply with all relevant provisions of City’s minority business
enterprise program, affirmative action plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.34 Labor Certification.
By its signature hereunder, Designer certifies that it is aware of the provisions of Section
3700 of the California Labor Code which require every employer to be insured against liability for
Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such provisions before commencing the performance of the
Services.
3.35 Subcontracting.
As specified in this Agreement, Designer shall not subcontract any portion of the Services
required by this Agreement, except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to each and every
provision of this Agreement.
3.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that
exhibit shall be incorporated herein by reference.
3.37 Electronic Signature.
Each Party acknowledges and agrees that this Agreement may be executed by electronic
or digital signature, which shall be considered as an original signature for all purposes and shall
have the same force and effect as an original signature.
3.38 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and
supersedes any and all other prior or contemporaneous negotiations, understandings and oral or
written agreements between the parties hereto. 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. Furthermore, any
modification of this Agreement shall only be effective if in writing signed by all parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND IMEG
IN WITNESS WHEREOF, the Parties hereto 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
IMEG
Signature
Name
Title
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John M. Thompson
John Mark Thompson, PE, C82557
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REVISED September 27, 2023
Daniel Hernandez
City of San Bernardino Public Works
300 North "D" Street, 3rd Floor.
San Bernardino, California 94218
RE: Amendment Number 001 for Additional Services
Cross Street Bridge Replacement
San Bernardino, CA
IMEG #23001453.00
Dear Daniel:
As we discussed, you would like IMEG to provide additional Civil engineering services for the City. The
City is interested in replacing the existing bridge to relieve the pressure off the new route that is being
used at this time. The replacement work will upgrade the load carrying capacity of the bridge to current
standards and widen the bridge to accommodate two (2) – 12’ wide drive lanes and a 5’ sidewalk.
We understand the additional scope of work is as follows:
PLANNING/DESIGN PHASE SERVICES
Phase 1:
1. Perform a topographic survey of the bridge and the channel.
2. Geotechnical investigation of the site including two borings , one at each abutment. For an
additional fee provide:
3. Expedited laboratory testing.
4. L-Pile design/analysis
5. Assessment of the existing bridge: Perform an in-depth inspection of the bridge superstructure
to include Ground Penetrating Radar (GPR) testing of the concrete deck, ultrasonic thickness
measurements of the steel beams, and measurements of the bridge deck and steel beams
adequate to perform load rating of the superstructure.
Phase 2:
1. Perform load rating of the superstructure to determine its load carrying capacity. The
superstructure will be rated to meet HL-93 AASHTO loads.
2. Bridge Replacement Plans (City of San Bernardino Public Works)
a. Title Sheet
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Amendment Number 001 for Additional Services San Bernardino, CA
Cross Street Bridge Rehabilitation REVISED September 27, 2023
Page 2 of 4
b. Demolition Plan
c. Superstructure Design (Including Girder Layout, Details, and Section)
d. General Plan, Elevation, and Section
e. Railing Layout and Details
f. Grading Plan
g. Utility Plan
h. Details Sheet
i. Erosion Control Plan
3. 8” Water Line Replacement Plans (San Bernardino Metropolitan Water District)
a. Title Sheet
b. General Notes Sheet
c. Plan and Profile Sheet
4. Prepare (1) Engineer’s Opinion of Probable Construction Costs
5. Prepare applicable technical specifications formatted per Agency requirements.
6. Address Agency plan check review comments (2 rounds budgeted)
7. Attend design coordination meetings, as required (8 one-hour meetings budgeted)
BID/NEGOTIATION PHASE SERVICES
1. Attend Prebid meeting, if necessary.
2. Respond to contractor questions.
3. Prepare addenda information as required.
CONSTRUCTION PHASE SERVICES
1. Attend preconstruction meeting, if necessary.
2. Contract administration related to IMEG scope of work including:
a. Answer contractor questions and Requests for Information (RFIs).
3. Review Project submittals for items requested in the contract documents.
4. Conduct three (3) site visits during construction and one (1) final job site observation at the end
of the construction period and prepare construction observation report(s).
5. Prepare record documents based upon contractor-supplied as-installed documents, with no
additional verification.
ASSUMPTIONS
1. The project will be awarded as a single prime contract for construction. Phased design and/or
issue of early documents are not required.
2. The City will distribute bidding documents and prepare and administer the contract, including
front end specifications, for construction.
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Amendment Number 001 for Additional Services San Bernardino, CA
Cross Street Bridge Rehabilitation REVISED September 27, 2023
Page 3 of 4
3. San Bernardino County Flood Control District will accept the replacement of Cross Street bridge
at its current elevation with the understanding that vertical clearance requirements (11’ from
channel bed to bridge soffit) of the future channel improvements will not be satisfied.
4. The existing gas line will be relocated by Southern California Gas Company prior to construction
of the new bridge. A gas utility plan prepared by IMEG will not be required.
5. The Utility Plan is limited to affected sanitary sewer facilities and to coordinate the location of the
new 8” water line. A separate plan set will be prepared for the new 8” water line per San
Bernardino Municipal Water Department (SBMWD) standards and requirements.
6. The new 8” water line alignment will be based on the location of water valves determined by
SBMWD which will be based on the limit of construction determined by IMEG.
7. PS&E deliverables will be submitted to the City’s contracted representative electronically.
8. The City’s contracted representative will coordinate and submit deliverables for the processing
and approvals of applicable construction permits.
9. Agency review is limited to City of San Bernardino Public Works, SBMWD, and San Bernardino
County Flood Control District. Changes to the plans as a result of reviews by agencies not listed
above will be prepared under a separate agreement.
10. If required by the City, an ADA compliant path-of-travel will be provided and limited to the new
bridge.
11. The new bridge will not be required to be designed to Caltrans standard width.
12. A Water Quality Management Plan is not anticipated and excluded.
13. A hydrology and hydraulic analysis for the existing channel is excluded.
14. Drainage studies are excluded.
15. All services not listed in scope of services above are excluded.
COMPENSATION
We propose to provide the additional services described above for a fixed fee of $190,190, broken down
as follows.
SERVICES FEE
Topographic Survey $15,000
Geotechnical $17,400
Planning/Design Phase $125,000
Bid/Negotiation Phase $5,200
Construction Phase $10,300
Contingency $17,290
TOTAL FIXED FEE $190,190
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Amendment Number 001 for Additional Services San Bernardino, CA
Cross Street Bridge Rehabilitation REVISED September 27, 2023
Page 4 of 4
PROJECT CONTINGENCY
1. IMEG will include 10% contingency to the above-mentioned service fees.
Reimbursable expenses remain as stated in our original agreement.
SERVICES NOT INCLUDED
1. Revising IMEG design documents as a result of equipment lead times or supply chain delays.
2. Revisions as a result of value engineering or negotiating construction cost/scope with contractors
after documents are complete.
We will begin our services following acceptance of this Amendment for Additional Services. Acceptance
may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and returning it to
our office.
Sincerely,
IMEG Corp. City of San Bernardino Public Works
By:
Accepted this day of , 20
By:
Name: John M. Thompson, PE C82557 Name:
Title: Civil Client Executive Title:
John.M.Thompson@imegcorp.com
KJK:JMT:AAG/did
\\files\Active\Projects\2023\23001453.01\ProjectManagement\Contracts\Possible ASRs for 23001453.00\20230927 - ASR 001 Cross Street Bridge Replacement.docx
Digitally signed by John
Mark Thomspon, PE
Date: 2023.09.27
14:12:41-07'00'
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Approving Amendment No. 2 to Cooperative
Agreement No. 19-1002205 with the San Bernardino
County Transportation Authority (SBCTA) for the
Interstate 215/University Parkway Interchange Project
(SS04-019) (Wards 5,6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement
No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for
the Interstate 215/University Parkway Interchange Project (SS04-019); and
2. Adopt Resolution No. 2023-159 authorizing the Director of Administrative Services
to amend the Interstate 215/University Parkway Interchange Project budget in the
amount of $864,908 through the General Fund Balance.
Executive Summary
The Diamond Divergent Interchange project focuses on optimizing traffic flow,
enhancing safety while improving operational efficiency, and reducing congestion
within the Interstate 215/University Parkway interchange.
Amendment No. 2 is necessary to clearly outline the funding responsibilities for the
anticipated increase in project costs due to various design updates and refinements
made to the 100% plans. The cost increase will be funded with General Fund balance
in the amount of $864,908.
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Background
The Interstate 215/University Parkway Interchange Project will improve freeway
access and relieve traffic congestion on University Parkway due to high traffic volumes
and heavy left turn movement onto the southbound I-215 Freeway. In October 2016,
the City completed a Project Study Report - Project Development Support (PSR-PDS)
recommending a Diverging Diamond Interchange (DDI) configuration as one
alternative to address the traffic needs at the interchange. The San Bernardino County
Transportation Authority (SBCTA) is currently the lead agency on Project
Management, PA/ED, PS&E, ROW, and construction phases and are responsible to
complete the PA/ED, PS&E, ROW, and construction work for the project, including the
selection and retention of consultants. The City provides permits, inspections, reviews,
and City-owned right-of way necessary for project construction. Further details on
SBCTA and City responsibilities are outlined in the Cooperative Agreement No. 19-
1002205 (Attachment #4).
On October 26, 2015, the Mayor and City Council approved Resolution No. 2015-233
and Cooperative Agreement No. 16-1001335, which provides that upon completion of
the PSR-PDS and acceptance by Caltrans, the project will be turned over to SBCTA
for Project Management and delivery.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-161 and
Cooperative Agreement No.19-1002205, which assumed the terms and conditions of
Cooperative Agreement No. 16-1001335. During discussions with SBCTA, it was
discovered that Cooperative Agreement No.16-1001335 had inadvertently terminated
on June 29, 2018. Therefore, SBCTA recommended a new cooperative agreement to
replace Cooperative Agreement No.16-1001335 and provide continuous management
after the termination. The new Cooperative Agreement No. 19-1002205 included an
increase in the estimated cost for the Project Approval and Environmental Document
(PAED) and Plans, Specifications, and Estimates (PS&E) phases, which included
estimated costs for the Construction phase. $1,848,293.05 was deposited with SBCTA
for Design (PS&E) and Right-of-Way (ROW).
On May 5, 2022, the City approved Amendment No.1 to Cooperative Agreement No.
19-1002205 to reflect cost increases in design costs and for the Right-of-Way phase
of the project in the amount of $396,437 addressing estimated settlement costs for
acquisition of rights needed to construct and operate the project. At the time, since
project design was only at 65% level, City staff and SBCTA agreed to defer any
estimated forecasted final construction cost increases to such a time when 100% final
plans have been completed.
Discussion
SBCTA is requesting that the City approve Amendment No 2. to Cooperative
Agreement No. 19-1002205 in the amount of $864,908 for the construction phase of
the project. The revised total amount of SBCTA’s project contribution is $14,236,292
and the City’s contribution is $3,241,418. The total amount of buy-down funds,
comprising of various federal funds, remain the same. Should actual construction costs
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at bid opening exceed the amounts forecasted in the final 100% PS&E an amendment
will be taken back to the Mayor and City Council for consideration for the increase in
the construction costs.
As of June 2023, the project team has advanced the completion of the 100% final
design plans to final approval. The current estimate in Cooperative Agreement No 1.
was based on the 65% design. Since then, there were several design updates and
refinements as part of the progression of the project design reflected in the 100% plans.
These refinements resulted in an overall increase in project costs as follows:
•Addition of street lighting on Southbound University Parkway, south of the I-215
Freeway.
•Addition of hardscape along University Avenue south of the I-215 Freeway.
•Site Improvements at the strip mall and Jack in the Box properties south of the I-
215 Freeway.
•Structural design refinements resulting in quantities increase for the overhead truss
signage costs on the southbound University Parkway north of the I-215 Freeway.
•Drainage design refinements that increased the size and length of the reinforced
concrete pipes needed.
•Traffic control and staging design refinements that increased the amount of K-rail,
signage, and crash cushions.
•Design refinements to signal mast arms, increasing associated material and post-
structural quantities.
•Addition of stamped concrete on the median and the outlying areas.
Therefore, the overall construction costs increased to approximately $864,908.
Completion of the project Plans Specifications and Estimates PS &E is scheduled for
November 2023 and SBCTA requires approval of Amendment No. 2 to Cooperative
Agreement No. 19-1002205 to proceed with advertisement of the construction contract
of the project based on federal requirements. SBCTA plans to advertise for the project
in December of 2023 and anticipates Notice to Proceed (NTP) to construction in March
of 2024. The construction phase of the project is funded with approximately $3.1M of
federal funds, which buys down the cost for the City and SBCTA. Cost increases in this
amendment will be funded with General Fund balance in the amount of $864,908.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development.
This project will contribute to ensure that the City is clean and attractive and provides
an infrastructure designed for long term economic growth.
Fiscal Impact
The General Fund impact for this action is $864,908. A budget amendment is being
requested to execute Amendment No. 2 to the Cooperative Agreement No. 19-
1002205 in the amount of $864,908.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement
No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for
the Interstate 215/University Parkway Interchange Project (SS04-019); and
2. Adopt Resolution No. 2023-159 authorizing the Director of Administrative Services
to amend the Interstate 215/University Parkway Interchange Project budget in the
amount of $864,908 through the General Fund Balance.
Attachments
Attachment 1 Resolution No. 2023-159
Attachment 2 Amendment No. 2 to Cooperative Agreement No.19-1002205
Attachment 3 I-215 University Pkwy Coop Agreement Amendment No. 1
Attachment 4 Original Agreement SBCTA I-215 Coop 19-1002205
Ward:
Fifth Ward; Sixth Ward
Synopsis of Previous Council Actions:
December 6, 2004 Mayor and City Council adopted Resolution No. 2004-383
approving Agreement with TY Lin International to provide a
PSR/PR document for the University Parkway/ Interstate 215
Interchange Southbound Loop Entrance Ramp project
(SS04-19)
July 16, 2007 Mayor and City Council adopted Resolution No. 2007-257
approving Amendment No. 1 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
February 19, 2008 Mayor and City Council dropped Resolution No. 2008-60
approving Amendment No. 2 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
May 19, 2008 Mayor and City Council adopted Resolution No. 2008-152
approving Amendment No. 3 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
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July 6, 2009 Mayor and City Council adopted Resolution No. 2009-199
approving Amendment No. 4 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
October 19, 2015 Mayor and City Council adopted Resolution No. 2015-233
approving a Memorandum of Understanding (MOU) No.15-
1001217 and Cooperative Agreement No. 16-1001335 with
SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).
September 6, 2016 Mayor and City Council adopted Resolution No. 2016-191
approving Amendment No.1 to Cooperative Agreement No.
16-1001335 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University
Parkway Interchange Project (SS04-19).
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-161
approving Cooperative Agreement No. 19-1002205 with San
Bernardino County Transportation Commission (Authority)
for the Interstate 215/University Parkway Interchange Project
(SS04-19).
May 4, 2022 Mayor and City Council approving Amendment No.1 to
Cooperative Agreement No. 19-1002205 with San
Bernardino County Transportation Commission (Authority)
for the Interstate 215/University Parkway Interchange Project
(SS04-19).
Packet Pg. 596
Resolution No. 2023-159
Resolution 2023-159
October 18, 2023
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RESOLUTION NO. 2023-159
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNANDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINSTRATIVE SERVICES TO AMEND THE
INTERSTATE 215 / UNIVERSITY PARKWAY
INTERCHANGE PROJECT BUDGET IN THE AMOUNT OF
$864,908 THROUGH THE GENERAL FUND BALANCE
WHEREAS, the I-215/University Parkway Project has a shortfall of $864,908; and
WHEREAS, a supplemental budget amendment to the project budget is being requested
to carryout Amendment No. 2 to the Cooperative Agreement No 19-1002205; and
WHEREAS, there is a General Fund Impact for this action in the amount of $864,908.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the Agency Director of
Administrative Services to amend the project budget in the amount of $864,908 for the I-
215/University Parkway interchange project (SS04-019).
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.
(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 removal and replacement of Traffic Signal poles and signal light upgrade.
Additionally, the City Council finds this Resolution is not subject to the California Environmental
Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. Where it can
be seen with certainty, as in this case, that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA.
Packet Pg. 597
Resolution No. 2023-159
Resolution 2023-159
October 18, 2023
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(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 removal and replacement
of Traffic Signal poles and signal light upgrade 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 18th day of October 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 598
Resolution No. 2023-159
Resolution 2023-159
October 18, 2023
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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. 2023-159, adopted at a regular meeting held on the 18th day of October 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. 599
1
Amendment No. 2 to 19-1002205
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO 19-1002205
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT-OF-WAY (ROW),
AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY
PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO
I. PARTIES
A. This Amendment No. 2 to Agreement 19-1002205 (AGREEMENT) is made by and
between the San Bernardino County Transportation Authority (SBCTA) and the City of
San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively the
"Parties" herein.
II. RECITALS
A. In November 2015, Parties entered into Cooperative Agreement No. 16-101335 to to define
the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and
ROW phases for the interchange at University Parkway and I-215 in the limits of the City
of San Bernardino (PROJECT); and
B. Cooperative Agreement No. 16-101335 terminated on June 29, 2018; and
C. The Parties entered into AGREEMENT in July 2019 which assumed the terms and
conditions of Cooperative Agreement No. 16-101335 and had an effective date of June 30,
2018; and
D. In June 2022, Parties amended AGREEMENT to reflect estimated cost increases in the
ROW phase for PROJECT; and
E. PARTIES agreed to defer estimated cost adjustments for the Construction phase until
completion of the 100% plans and specifications; and
F. PARTIES completed the draft 100% plans and specifications in November 2022; and
G. The estimated total cost of PROJECT has increased by $5,375,694 from estimated total of
$17,837,016 to $23,212,710; and
H. Parties desire to amend AGREEMENT to define funding responsibilities for the estimated
cost increase of PROJECT.
Packet Pg. 600
2
Amendment No. 2 to 19-1002205
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:
1.Replace Attachment A.1 in its entirety with Attachment A.2 attached to this Amendment
No. 2.
2.Except as amended by this Amendment No. 2, all other provisions of the AGREEMENT
and amendments thereto shall remain in full force and effect and are incorporated herein
by this reference.
3.Amendment No. 2 is deemed to be included and made part of the AGREEMENT.
4.The Recitals set forth above are incorporated herein by this reference.
5.Amendment No. 2 is effective upon execution by SBCTA.
--------------------------SIGNATURES ON FOLLOWING PAGE----------------------------
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Amendment No. 2 to 19-1002205
IN WITNESS WHEREOF, Parties have duly executed
Amendment No. 2 to Agreement 19-1002205 below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF SAN BERNARDINO
By:___________________________By:__________________________
Dawn M. Rowe Charles McNeely
President, Board of Directors Interim City Manager
Date:__________________________Date:__________________________
APPROVED AS TO FORM: APPROVED AS TO FORM AND
PROCEDURE:
By:____________________________By:____________________________
Juanda L. Daniel
Assistant General Counsel
Sonia R. Carvalho
City Attorney
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Amendment No. 2 to 19-1002205
Amendment No. 2 to Agreement 19-1002205
Attachment A.2
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving
freeway access to I-215 and improving local traffic flow on University Parkway by
reconstructing existing interchange configuration into a Diverging Diamond Interchange
(DDI).
Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA
Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8%
Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E)$1,203,856 $1,103,855 $84,201 $15,800
Right of Way
(ROW)$2,821,400 $612,000 $1,860,315 $349,085
Construction $17,555,278 $3,079,429 $12,188,665 $2,287,184
SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $23,212,710 $5,735,000 $14,236,292 $3,241,418
Packet Pg. 603
1
Amendment No. 1 to 19-1002205
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 19-1002205
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),
PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW),
AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY
PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO
I. PARTIES
A.This Amendment No. 1 (AMENDMENT) to Agreement 19-1002205 (AGREEMENT) is
made by and between the San Bernardino County Transportation Authority (SBCTA) and
the City of San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively
the "Parties" herein.
II. RECITALS
A.In November 2015, Parties entered into Cooperative Agreement No. 16-100335 to to define
the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and
ROW phases for the interchange at University Parkway and I-215 in the limits of the City
of San Bernardino (PROJECT), and
B.Cooperative Agreement No. 16-100335 terminated on June 29, 2018, and
C.The Parties entered into AGREEMENT in July 2019 which assumed the terms and
conditions of Cooperative Agreement No. 16-100335 and had an effective date of June 30,
2018, and
D. The estimated total cost of PROJECT has increased by $2,509,100 from estimated total of
$15,327,916 to $17,837,016, and
E.Parties desire to amend AGREEMENT to define funding responsibilities for the estimated
cost increase of PROJECT, and
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:
1.Replace Attachment A in its entirety with the attached Attachment A.1
2.Except as amended by AMENDMENT, all other provisions of the AGREEMENT and
amendments thereto shall remain in full force and effect and are incorporated herein by
this reference.
3.AMENDMENT is deemed to be included and made part of the AGREEMENT.
Packet Pg. 604
2
Amendment No. 1 to 19-1002205
4. The Recitals set forth above are incorporated herein by this reference.
5. AMENDMENT is effective upon execution by SBCTA.
--------------------------SIGNATURES ON FOLLOWING PAGE----------------------------
Packet Pg. 605
IN WITNESS WHEREOF, Parties have duly executed
Amendment No. 1 to Agreement 19-1002205 below
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By:~ Curt -.......____::
P::.i:::f Directors
Date : __ ~__,/_q~£--=,1,'-'--!)__----1,
CITY OF SAN BERNARDINO
By,llirl;J
Robert D. Field
City Manager
Date : ___ ~_,_fr...;._z .;,c...,~A'--:>=-::a--__ _
I
APPROVED AS TO FORM APPROVED AS TO FORM AND
PROCEDURE:
f'f . ...
~~~~· . ~~ ~/~ (o,~;.')... ~. Carvalho
City Attorney
3
Amendment No. 1 to 19-1002205
Packet Pg. 606
4
Amendment No. 1 to 19-1002205
Amendment No. 1 to Agreement 19-1002205
Attachment A.1
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving
freeway access to I-215 and improving local traffic flow on University Parkway by
reconstructing existing interchange configuration into a Diverging Diamond Interchange
(DDI).
Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA
Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8%
Project Milestones
Milestone Actual / (Forecast)
Start of PA/ED 6/2017
Environmental Approval 7/2020
Ready to List (12/2022)
Construction Notice to Proceed (7/2023)
Construction Complete (7/2024)
Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $1,203,856 $1,103,855 $84,201 $15,800
Right of Way
(ROW) $2,821,400 $612,000 $1,860,315 $349,085
Construction $12,179,584 $3,079,429 $7,662,331 $1,437,824
SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $17,837,016 $5,735,000 $9,709,958 $2,392,058
Packet Pg. 607
COOPERATIVE AGREEMENT NO. 19-1002205
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS,
SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT OF WAY (ROW), AND
CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY
AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO
I.PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT NO. 19-1002205 (“AGREEMENT”) is made and
entered into by and between the San Bernardino County Transportation Authority
(hereinafter referred to as “SBCTA”) and the City of San Bernardino (“CITY”), (SBCTA
and CITY may be referred to herein individually as a “PARTY” and collectively as
“PARTIES”).
B. This AGREEMENT is effective on June 30, 2018. Unless this AGREEMENT is terminated
early as provided in Section V, Paragraph E, this AGREEMENT shall terminate upon
completion of the PARTIES’ obligations associated with the PA/ED, PS&E, ROW, and
Construction phases described herein. The indemnification provisions identified in Section
V, Paragraphs C through D, shall survive the termination of this AGREEMENT. Should any
claims arising out of this AGREEMENT be asserted against one of the PARTIES prior to
termination of this AGREEMENT, the AGREEMENT shall be extended until such time as
the claims are settled, dismissed or paid.
II.RECITALS
A. WHEREAS, PARTIES entered into Cooperative Agreement No. 16-1001335 in November
2015, attached herein as ATTACHMENT B, to define roles and responsibilities and funding
for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University
Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and
B. WHEREAS, PARTIES amended Cooperative Agreement No. 16-1001335, attached herein
as ATTACHMENT C, in September 2016 to reflect an estimated increase in the cost for the
PA/ED and PS&E phases; and
19-1002205 1
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C. WHEREAS, SBCTA procured environmental and design services for the PA/ED and PS&E
phases and began preliminary design and environmental studies on June 20, 2017; and
D. WHEREAS, Cooperative Agreement No. 16-1001335 terminated on June 29, 2018,
according to Section I, Parties and Term, Article A of Cooperative Agreement No. 16-
1001335; and
E. WHEREAS, the CITY desires SBCTA to continue to lead the PROJECT and provide
project management services for PA/ED, PS&E, ROW, and Construction phases, at the sole
cost of CITY and pay 100% of actual SBCTA project management costs in accordance with
SBCTA Policy 40005/VFI-35; and
F. WHEREAS, PROJECT costs, aside from SBCTA project management costs, for PA/ED,
PS&E, ROW, and Construction phases, after reduction by application of buy-down funds,
are allocated as 15.8% Development Share funds and 84.2% Public Share funds, as defined
by the Nexus Study and the SBCTA Measure I 2010-2014 Strategic Plan; and
G. WHEREAS, Project development activities for the PA/ED, PS&E, and ROW phases are
continuing for the PROJECT; and
H. WHEREAS, PARTIES desire to enter into this AGREEMENT to continue the terms,
conditions, and funding in Cooperative Agreement 16-1001335, as amended, as referenced
herein as ATTACHMENT B and ATTACHMENT C, for the PA/ED, PS&E, and ROW
phases from the date of expiration of Cooperative Agreement No. 16-1001335, for
continuity of the project delivery process; and
I. WHEREAS, expenditures have occurred against the funding table shown in Attachment A
of this AGREEMENT under Cooperative Agreement 16-1001335; and
J. WHEREAS, increases in PROJECT cost, shown in Attachment A to Cooperative
Agreement No. 16-1001335, are anticipated, and Attachment A of this AGREEMENT
reflects the anticipated PROJECT cost increases; and
K. WHEREAS, PARTIES desire to include the Construction phase in this AGREEMENT to
delineate roles, responsibilities, and funding commitments relative to the Construction Phase
of PROJECT; and
NOW THEREFORE, in consideration of the terms and conditions set forth herein, the
PARTIES agree to the following:
19-1002205 2
Packet Pg. 609
III. SBCTA RESPONSIBILITIES
SBCTA agrees:
A. To be lead agency on Project Management, PA/ED, PS&E, ROW, and Construction Phases
and to diligently undertake and complete the PA/ED, PS&E, ROW, and Construction work
for the PROJECT, including the selection and retention of consultants. Performance of
services under these consultant contracts shall be subject to the technical direction of the
SBCTA’s Director of Project Delivery and Toll Operations, or designee(s), with input and
consultation from CITY.
B. To contribute towards PA/ED, PS&E, ROW, and Construction phases of the PROJECT cost
as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the
estimates provided in Attachment A, and should SBCTA’s total share of the PA/ED, PS&E,
ROW, and Construction phases exceed the estimates as shown in Attachment A, SBCTA
agrees to amend the AGREEMENT in good faith.
C. To prepare and submit to CITY signed invoices for reimbursement of allowable PROJECT
expenditures. Invoices may be submitted to CITY as frequently as monthly.
D. To establish and maintain an accounting system conforming to Generally Accepted
Accounting Principles (“GAAP”) to support SBCTA’s request for reimbursement, payment
vouchers, or invoices which segregate and accumulate costs of Project Management,
PA/ED, PS&E, ROW, and Construction work elements and produce monthly reports which
clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other
allowable expenditures by SBCTA.
E. To prepare a final accounting of expenditures, including a final invoice for the actual Project
Management, PA/ED, PS&E, ROW, and Construction phase costs. The final accounting
and invoice shall be submitted no later than one hundred and twenty (120) calendar days
following the completion of this AGREEMENT and shall be submitted to CITY. The
invoice shall include a statement that these PROJECT funds were used in conformance with
this AGREEMENT and for those PROJECT-specific Project Management, PA/ED, PS&E,
ROW, and Construction work activities.
F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon
completion of Project Management, PA/ED, PS&E, ROW, and Construction work.
The audit should justify and validate that all funds expended on the PROJECT were used in
conformance with this AGREEMENT.
19-1002205 3
Packet Pg. 610
G. To reimburse CITY for costs that are determined by subsequent audit to be unallowable
within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time
shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should
the finding not be otherwise resolved and SBCTA fails to reimburse monies due CITY
within ninety (90) calendar days of audit finding, or within such other period as may be
agreed between both PARTIES hereto, the CITY’s Council reserves the right to withhold
future payments due SBCTA from any source under CITY’s control.
H. SBCTA’s Director of Project Delivery and Toll Operations is authorized to act on behalf of
SBCTA under this Section of the AGREEMENT.
I. To designate a responsible staff member that will be SBCTA’s representative in attending
the Project Development Team (“PDT”) meetings, receiving day-to-day communication,
and providing Project Management services.
J. To complete review and provide comments on PROJECT documents in a timely manner
that is consistent with the schedule.
K. To include CITY in PDT meetings and related communications on PROJECT progress as
well as to provide CITY with copies of PDT meeting minutes and action items.
L. To provide CITY, with a reasonable amount of review time, an opportunity to review and
comment on PA/ED, PS&E, ROW and Construction deliverables.
M. To provide all necessary ROW services to acquire rights-of-way for PROJECT through
negotiated purchases of property, or if necessary, through Eminent Domain. If necessary,
SBCTA will conduct Resolutions of Necessity hearings and acquire property in the name of
SBCTA for the purposes of construction of the PROJECT and convey such property, or
portions thereof, to CITY. The interest conveyed to CITY shall be a permanent easement or
other required instrument for public street and/or utility purposes.
N. To identify the utilities within the PROJECT area and coordinate with utility companies to
determine their location, and if necessary, their relocation.
IV.CITY RESPONSIBILITIES
CITY agrees:
A. To reimburse SBCTA for the CITY’s share of actual costs incurred towards the PA/ED,
PS&E, ROW, and Construction phases of the PROJECT and for SBCTA’s Project
Management as shown in Attachment A. The actual cost of a specific phase may ultimately
vary from the estimates provided in Attachment A, and should CITY’s total share for the
19-1002205 4
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Project Management, PA/ED, PS&E, ROW, and Construction phase with SBCTA’s Project
Management exceed the estimates as shown in Attachment A, CITY agrees to amend the
AGREEMENT in good faith and contribute these additional costs.
B. When conducting an audit of the costs claimed under the provisions of this AGREEMENT,
to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to
the provisions of State and Federal laws. In the absence of such an audit, work of other
auditors will be relied upon to the extent that work is acceptable to CITY when planning on
conducting additional audits.
C. To designate a responsible staff member that will be CITY’s representative in attending the
PDT meetings, receiving day-to-day communication and reviewing the PROJECT
documents.
D. To complete review and provide comments on PROJECT documents within four (4) weeks
of receiving the review request from SBCTA.
E. CITY’s Public Works Director is authorized to act on behalf of CITY under this Section of
the AGREEMENT.
F. To accept all PROJECT acquired right-of-way located within CITY’s jurisdictional
boundaries upon completion of construction. The City of San Bernardino City Council, by
approval of this AGREEMENT, authorizes and directs the City Clerk to execute an
acceptance, in substantial conformance with the form attached hereto as Attachment D and
made a part of this AGREEMENT, within thirty (30) days of receipt of quit claim deeds for
property acquired by SBCTA.
G. To provide permits, inspections, reviews, acceptance of the transfer of title of properties and
oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA to
work on the PROJECT.
H. To provide CITY-owned right-of-way necessary for project construction at no cost to the
PROJECT.
I. To provide SBCTA copies of the franchise/utility agreements for the utilities in the
PROJECT area for the purpose of determining prior rights and estimating utility relocation
costs.
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J. To assist SBCTA as requested and when necessary, exercise its rights under utility
relocation law or under any franchise agreement to cause each utility to relocate or rearrange
its utility facility.
L. WHEREAS, planned improvements include improving freeway access to I-215 and
improving local traffic flow by reconstructing the existing ramp intersections at the
interchange into a Diverging Diamond Interchange (DDI); and
M. WHEREAS, the CITY desires SBCTA to provide project management services for
PROJECT, the funding for which CITY shall be solely responsible, and to pay 100% of
actual SBCTA project management costs in accordance with SBCTA Policy 40005/VFI-35;
and
V.The PARTIES agree:
A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the
PROJECT, including policies in the applicable program in the Measure I 2010-2040
Strategic Plan, as amended, as of the Effective Date of this AGREEMENT. In the event
SBCTA determines Project Management, PA/ED, PS&E, ROW, and Construction work
may exceed the amounts identified in Attachment A of this AGREEMENT, SBCTA shall
inform CITY of this determination and thereafter the PARTIES shall work together in an
attempt to agree upon an amendment to the amounts identified in this AGREEMENT. In no
event, however, shall the PARTIES be responsible for PROJECT costs in excess of the
amounts identified in this AGREEMENT without a written amendment that is approved by
the PARTIES.
B. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for
PROJECT-specific work activities that are described in this AGREEMENT and shall not
include escalation or interest.
C. Neither SBCTA, nor any officer, director, employee or agent thereof, is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government
Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its
officers, directors, employees or agents from all claims, suits or actions of every name, kind
and description brought for or on account of injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
AGREEMENT.
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D. Neither CITY, nor any officer, director, employee or agent thereof, is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted to be
done by SBCTA and under or in connection with any work, authority or jurisdiction
delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant
to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save
harmless CITY, its officers, directors, employees or agents from all claims, suits or actions
of every name, kind and description brought for or on account of injury (as defined by
Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by SBCTA under or in connection with any work, authority or jurisdiction delegated to
SBCTA under this AGREEMENT.
E. This AGREEMENT will be considered terminated upon completion of PROJECT closeout
and reimbursement of eligible costs by CITY. Notwithstanding any other provision herein,
to the extent consistent with the terms and obligations hereof, any PARTY may terminate
this AGREEMENT at any time, with or without cause, by giving thirty (30) calendar days
written notice to the other PARTY. In the event of a termination, the PARTY terminating
this AGREEMENT shall be liable for any costs or other obligations it may have incurred
under the terms of the AGREEMENT prior to termination.
F. The Recitals to this AGREEMENT are true and correct and are incorporated into this
AGREEMENT.
G. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT
on behalf of said PARTY and that by executing this AGREEMENT, the PARTIES hereto
are formally bound to this AGREEMENT.
H. This AGREEMENT shall be governed by and construed in accordance with the laws of the
State of California. All PARTIES agree to follow all applicable local, state, county and
federal laws and ordinances with respect to performance under this AGREEMENT.
I. The PARTIES agree that each PARTY and any authorized representative, designated in
writing to the PARTIES, and upon reasonable notice, shall have the right during normal
business hours to examine all PARTIES’ financial books and records with respect to this
AGREEMENT. The PARTIES agree to retain their books and records for a period of five
(5) years from the later of: a) the date on which this AGREEMENT terminates; or b) the
date on which such book or record was created.
J. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under
applicable present or future laws, then it is the intention of the PARTIES that the remainder
of this AGREEMENT shall not be affected but shall remain in full force and effect.
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K. This AGREEMENT cannot be amended or modified in any way except in writing, signed
by all PARTIES hereto.
L. Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, or
authority hereunder, may be assigned in whole or in part by either PARTY without the prior
written consent of the other PARTY in its sole, and absolute, discretion. Any such attempt
of assignment shall be deemed void and of no force and effect.
M. No waiver of any default shall constitute a waiver of any other default whether of the same
or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a PARTY shall give the other PARTY any contractual rights by custom,
estoppel, or otherwise.
N. In the event of litigation arising from this AGREEMENT, each PARTY to this
AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not
apply to the costs or attorney(s) fees provided for in paragraphs C and D of this Section.
O. This AGREEMENT may be signed in counterparts, each of which shall constitute
an original. This AGREEMENT is effective June 30, 2018, following execution by both
PARTIES.
P. Any notice required, authorized or permitted to be given hereunder or any other
communications between the PARTIES provided for under the terms of this AGREEMENT
shall be in writing, unless otherwise provided for herein, and shall be served personally or
by reputable courier addressed to the relevant party at the address/fax number stated below:
If to SBCTA:Paula Beauchamp
Director of Project Delivery and Toll Operations
1170 W. 3rd Street, Floor 2
San Bernardino, CA 92410
If to CITY:Alex Qishta
Acting Director of Public Works/City Engineer
201 North E Street
San Bernardino, CA 92401
Q. There are no third party beneficiaries, and this AGREEMENT is not intended, and shall not
be construed to be for the benefit of, or be enforceable by, any other person or entity
whatsoever.
----------SIGNATURES ON THE FOLLOWING PAGE----------
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IN WITNESS WHEREOF, the PARTIES have duly executed this AGREEMENT below.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By:_____________________________
Darcy McNaboe
By:_____________________________
Teri Ledoux
Board President Acting City Manager
Date: _____________________________
APPROVED AS TO FORM:
Date: _____________________________
APPROVED AS TO FORM:
By:_____________________________
Julianna K. Tillquist
By:_____________________________
Gary D. Saenz
General Counsel City Attorney
CONCURRENCE
By:_____________________________
Jeffery Hill
Procurement Manager
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Attachment A
Project Scope:
Improve traffic operations at the I-215 University Parkway Interchange by improving freeway
access to I-215 and improving local traffic flow on University Parkway. An alternative being
evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging
Diamond Interchange (DDI) configuration.
Project Cost Estimate and Funding Shares:
Project costs that are not federally reimbursable will be split according to the Nexus Study with
the Public Share at 84.2% and the Development Share/ Local Share at 15.8%
Estimated
Cost
Buy-Down
Funds
Development
Share*Phase Public Share
Project Approval and
Environmental Document
(PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E)
Right of Way (ROW)
Construction
$803,856
$712,300
$703,855
$475,900
$3,615,529
$0
$84,201
$199,049
$7,210,934
$0
$15,800
$37,351
$12,179,584
$570,000
$1,353,121
$570,000
$1,995,621
SANBAG Oversight
TOTAL $15,327,916 $5,735,000 $7,597,295
*$147,327.95 of Development Share expended as of June 29, 2018. Remaining Development
Share and receivable amount under this AGREEMENT is $1,848,293.05
Project Milestones:
Milestone Actual / (Forecast)
Start of Project Approval and Environmental Document (PA/ED)
Environmental Approval
6/2017
(9/2019)
(11/2020)
(6/2021)
(5/2022)
Design Approved and ROW Certified
Construction Notice to Proceed
Construction Complete
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Attachment B
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Attachment C
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Attachment D
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the Quit Claim Deed to which
this Certificate of Acceptance is attached from San Bernardino County Transportation Authority
(SBCTA) to the City of San Bernardino, a municipal corporation, is hereby accepted by the order
of the City Council of the City of San Bernardino on ___________ and the City of San
Bernardino consents to recordation thereof by its duly authorized agent.
THE CITY OF SAN BERNARDINO, a municipal corporation
By:
City Clerk
Dated: _____________
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations,
and Maintenance
Department:Public Works
Subject:Professional Services Agreement with Redwood
Private Security, LP, for Citywide Armed and Unarmed
Security Guard Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager or designee, to execute a Professional Services
Agreement with Redwood Private Security, LP, for citywide armed and
unarmed security guard services; and
2. Authorize the Director of Administrative Services to issue a purchase order to
Redwood Private Security, LP, in the amount of $1,912,076.
Executive Summary
Staff is recommending that the Mayor and City Council take action to approve the
Professional Services Agreement with Redwood Private Security, LP, to provide armed
and unarmed security guard services throughout the City. This will help ensure the
safety and security of City staff, the public, and community. The proposed term shall
be from October 18, 2023, to October 18, 2028, with the option of four additional one-
year extension options.
Background
The City of San Bernardino Public Works Department is responsible for the
administration and management of the City’s security services contract. The City has
contracted security services for approximately five years and currently provides
security guard services at City Hall, City Hall campus, City Libraries, City Parks, and
various Successor Agency properties. The City would like to continue providing this
service for the safety and security of our employees, customers, and City owned
properties.
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Armed security guards are posted in three of the four City Hall facilities (201 N. E Street
South, 201 N. E Street North, and Vanir Tower). An armed security guard is assigned
to patrol the City Hall campus and Carousel Mall parking lots 24-hours per day/7 days
per week. The Public Works Department also has a contract for three-armed security
guards working 8-hour nighttime shifts to patrol the City Yard, occupied and
unoccupied City owned properties, parking lots, and plazas, totaling 17 locations.
There are also two-armed security guards working 6-hour shifts patrolling our City
parks at night.
In addition, the City contracts an unarmed guard to work in three public libraries during
the daytime hours at Paul Villasenor, Norman F. Feldheym, and Howard M. Rowe
Libraries. Rover money pick-ups and drop-offs to and from the Vanir Building (Finance
Department) occur twice daily during business hours Monday through Thursday.
Additional services have been enlisted to cover special events, as needed.
The Public Works Department has opted to contract for guard services because it is
more cost effective than creating full-time security guard positions or taking police
officers off our streets to work these assignments.
Discussion
The need for armed and unarmed security guard services is essential to the City’s
safety and sustainability of assets. Their continued presence to perform routine
patrol and access control duties at various City facilities on a regularly scheduled
basis and occasionally on an ad-hoc basis will continue to drive business, City
operations, and protect the well-being of the public and City staff.
The Public Works Department worked with the Finance Department to solicit
proposals for citywide armed and unarmed security guard services. Request for
Proposals (RFP) were issued through the formal bid process under RFP F-23-52 on
June 7, 2023. The City received 17 proposals as follows:
No.BIDDER OFFICE LOCATION
1 Absolute International Security, Inc.Irwindale, CA
2 Alltech Industries, Inc.Montebello, CA
3 Alpha Enforcement Security Colton, CA
4 American Global Security Riverside, CA
5 American Guard Services, Inc.Los Angeles, CA
6 Citiguard, Inc.West Hills, CA
7 Command International Security Services Van Nuys, CA
8 Contact Security Inc.Brea, CA
9 Famian Private Security Riverside, CA
10 Good Guard Security, Inc.Riverside, CA
11 Inter-Con Security Systems, Inc.Pasadena, CA
12 Intergraded Security Management Group Rancho Cucamonga, CA
13 Kero Security, Inc.Corona, CA
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No.BIDDER OFFICE LOCATION
14 Platinum Security Inc.Los Angeles, CA
15 Redwood Private Security, LP San Bernardino, CA
16 Security Services Northwest, Inc.Sequim, WA
17 Whelan Security of California dba GardaWorld Ontario, CA
Staff from both Public Works and Parks and Recreation Departments evaluated
proposals based on the requirements stated in the RFP, which included the following
criteria:
a. Ability to demonstrate that the proposed staff are well-trained, certified, and/or
licensed, and provide said documentation upon the City’s request;
b. Ability to demonstrate compliance with all federal, state, and local laws, rules
and regulations
c. Ability to plan, schedule, coordinate, and ensure the effective performance of
their assigned staff to the City;
d. Ability to show that the assigned personnel will perform their duties in
accordance with City imposed policies, procedures, and conditions, including
being fully aware of political sensitivities that exist in a municipal government;
e. Ability to show that the assigned personnel will perform their duties in
accordance with Sections 836.5, 853.5, and 853.6 of the California Penal
Code, which authorizes and empowers security guard personnel to arrest and
issue notices to appear for violations of the Provisions of the San Bernardino
Municipal Code as hereinafter set forth;
f. Ability to demonstrate that all assigned personnel have completed CPR and
First Aid Training, and with the firm’s intent to keep the certifications current
at all times;
g. Ability to demonstrate adaptability to unforeseen changes in schedule
coverage and provide continuous coverage for vacations, holidays,
unscheduled absences;
h. Ability to demonstrate that all assigned personnel are adequately trained in
their specific duties, the use of all-purpose fire extinguishers, drug/narcotics
identification, bomb threat situations, and the avoidance of violent situations;
i. Ability to demonstrate that all armed personnel will have current POST PC
832 arrest and firearm certification, or a valid Security Guard Registration
(California Guard Card) of the California Department of Consumer Affairs,
Bureau of Collections and Investigations, and Firearm Permit issued by the
Bureau of Security and Investigative Services (BSIS);
j. Ability to demonstrate that all unarmed personnel will have a valid Security
Guard Registration (California Guard Card) of the California State
Department of Consumer Affairs, Bureau of Collections and Investigations;
and
k. Ability to demonstrate the firm’s quality and experience relevant to the
services being requested in the RFP.
Based on the requirements stated on RFP, including the criteria mentioned above,
below are the top ranked proposals evaluated by the Public Works and Parks and
Recreation Departments. Base costs (including 8.75% sales tax) were derived by
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costing the number of personnel and hours of each designated personnel (armed or
unarmed) at each location as stated in the RFP.
Base Cost 5%
No.BIDDER OFFICE LOCATION (with 8.75%
sales tax)
(outside
city limits)
Total Cost
Good Guard Security, Inc.Riverside, CA $1,883,214 $94,161 $1,977,375
1 Redwood Private Security,
LP San Bernardino, CA $1,593,396 $0 $1,593,396
2 Absolute International
Security, Inc.Irwindale, CA $1,864,998 $93,250 $1,958,248
3 Famian Private Security Riverside, CA $1,984,998 $99,250 $2,084,248
Citiguard, Inc.West Hills, CA $2,531,768 $126,588 $2,658,356
Command International
Security Svcs Van Nuys, CA $1,662,214 $83,111 $1,745,325 4
Platinum Security Inc.Los Angeles, CA $1,851,900 $92,595 $1,944,495
5 American Global Security Riverside, CA $2,175,024 $108,751 $2,283,775
Although two bidders have tied for first place, staff is recommending that City Council
award the security services agreement to Redwood Private Security, LP for the
following reasons:
1. Redwood Private Security, LP, is a reputable vendor that has demonstrated
experience and great qualifications to the City in the past;
2. Redwood’s main office location is within the City limits, allowing easy access,
quick communication, prompt turnaround of personnel should it be required;
3. Redwood has experience with the City and Vanir Tower and has built a
reputation over the years in the City with customers of all types, showing their
a. reliability;
b. customer service; and
c. expertise.
Additionally, staff requests that City Council approve a 20% contingency to provide
security services for special events and for potential unforeseen circumstances that
may require additional security services. This contingency is higher than usual;
however, staff makes this recommendation based on recent events and experience.
As the Mayor and City Council are aware, several significant and unexpected security
issues have had to be addressed in the City due to unforeseen circumstances. This
contingency will allow staff the option to work with Redwood to address community
safety when these issues arise and ensure that the City’s Police are not pulled away
from critical duties to deal with these issues unnecessarily.
Adding a 20% contingency brings the annual total for Redwood Private Security to
$1,912,075. The amended FY 2023/24 budget for this agreement as follows:
Public Works Operating Budget: $ 924,500
Strategic Initiative Amendment, October 4, 2023: $ 1,256,000
Total available Budget: $ 2,180,500
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The term of the proposed agreement shall be from October 18, 2023, to October 18,
2028, with the option of four additional one-year extension options.
2021-2025 Strategic Targets and Goals
The award of the agreement is aligned with Key Target No. 3c: Improved Quality of
Life by constantly evaluating public safety service delivery models to enhance the
quality of service. Being proactive with security measures and practices is crucial for
maintaining the safety and security of City staff, the public and community. It will also
contribute to decreasing vandalism, theft, loss of property, and avoiding legal
complications.
Fiscal Impact
There is no additional General Fund impact with this item. The proposed annual
contract, including the 20% contingency is $1,912,075. There is sufficient budget in the
Public Works Department.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager or designee, to execute a Professional Services
Agreement with Redwood Private Security, LP, for citywide armed and
unarmed security guard services; and
2. Authorize the Director of Administrative Services to issue a purchase order
to Redwood Private Security, LP, in the amount of $1,912,076.
Attachments
Attachment 1 PSA with Redwood Private Security, LP
Attachment 2 RFP F-23-52 Armed and Unarmed Security Services
Attachment 3 Redwood Private Security Proposal
Attachment 4 Exhibit A – Scope of Work
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023 Mayor and City Council adopted Resolution 2023-144
adopting the Strategic Initiatives, and authorizing the Agency
Director of Administrative Services to amend the City of San
Bernardino’s FY 2023/24 Operating Budget for an amount
totaling $6,636,293.
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CITY OF SAN BERNARDINO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of October 18, 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 Redwood Private Security, LP a limited
partnership, with its principal place of business at 473 E. Carnegie Drive, Suite 200, San
Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Citywide Armed and Unarmed Security Guard 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.” Total annual cost for services
is $1,912,076.
b. In no event shall the total amount paid for services rendered by Consultant
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under this Agreement exceed the sum of $1,912,076. This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant’s services which
have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as “Additional Services” and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance
of such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless
agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the effective date of October 18, 2023,
and continue through October 18, 2028, unless the Agreement is previously terminated as
provided for herein (“Term”).
a. Extension Options. The term of this Agreement may be administratively
extended by the City Manager or by his or her designee, for a maximum of four additional one-
year terms.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely
manner and shall commence performance upon receipt of 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
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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 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
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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
(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
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(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 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.
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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. 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
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00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location, and
operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary 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
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(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
transacting 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
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persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant’s services, the Project, or this Agreement, including without
limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs
and expenses. This indemnification clause excludes Claims arising from the sole negligence or
willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, the City Council, members of the City Council,
its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the
expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which
is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent
which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant in the performance of the services or this Agreement, and, upon
Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability
for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate
percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment
of prevailing wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to
fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify,
and hold the City, its elected officials, officers, employees, and agents free and harmless from
any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all
subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time, and shall require all
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subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws
of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the 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.
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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, Larry Krininger, 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: Interim City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Jason Berckart
Chief Executive Officer
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92408
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
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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.
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.
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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. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to
perform its obligations under this Agreement or comply with the Performance Indicators may
result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning
in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic
correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to
Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10
days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be
provided with a reasonable time to make corrections to their performance. This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s
current invoice amount or annual contract amount is deducted for non-performance after previous
warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected
after all warnings and previous penalties have been exhausted, City may terminate the contract
pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND REDWOOD PRIVATE SECURITY, LP
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
REDWOOD PRIVATE SECURITY
APPROVED BY:
Jason Berckart, CPP
Chief Executive Officer
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EXHIBIT A
SCOPE OF SERVICES
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REQUEST FOR PROPOSALS
FOR
CITY OF SAN BERNARDINO
FOR
RFP F-23-52
ARMED AND UNARMED SECURITY GUARD SERVICES
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG
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CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS
ARMED AND UNARMED SECURITY GUARD SERVICES
RFP F-23-52
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San
Bernardino via Planetbids until 3:00 PM, June 29, 2023. Proposals received after this date will
be returned to the proposers unopened. Faxed or electronically submitted proposals will not be
accepted.
The city is requesting proposals to provide: Armed and Unarmed Security Guard Services
The award of this contract is subject to the available budget adequate to carry out the provisions
of the proposed agreement including the identified scope of work. The City reserves the right to
reject any or all proposals determined not to be in the best interest of the City.
Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the
City’s web site, www.sbcity.org. All addenda will be published on the City’s website.
For more information regarding the RFP, please contact:
City of San Bernardino Purchasing Department
www.purchasing@sbcity.org
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CITY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
ARMED AND UNARMED SECURITY GUARD SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for
Armed and Unarmed Security Guard Services (“Services”).
To serve and promote the welfare of its residents, the city intends to procure the Services, as
described below.
II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in
Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the
inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and
the successful Proposer shall be set forth in the Professional Services Agreement executed by
and between City and the successful Proposer. A copy of the Agreement is attached hereto as
Exhibit “C” and incorporated herein by this reference.
B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Precious Carter, Purchasing Division
Manager, Purchasing Department, Carter_pr@sbcity.org and Purchasing@sbcity.org or a
designated representative, who will coordinate the assistance to be provided by the City to the
Proposer.
C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or
technical, must be requested in writing and directed to the City Contact for this RFP, identified
above.
All written questions, if answered, will be issued to all prospective proposers via email notification
from Planetbids. Oral statements regarding this RFP by any persons should be considered
unverified information unless confirmed in writing. To ensure a response, questions must be
submitted to Planetbids by Thursday, June 19th 3:00 p.m. local time on the date identified in the
Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda,
clarifications, supplemental information, and responses to questions prior to submitting a proposal.
D. Pre-Proposal Meeting
Meeting is not required.
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company,
corporation or joint venture.
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E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and
applicable experience. Proposals shall include one (1) electronic proposal submitted to
Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.
Proposals must include page numbers for all pages in the proposal.
Proposals shall be in the following order and shall include:
1. Executive Summary: (limit: 1 page) Summarize the content of your
proposal in a clear and concise manner.
2. Table of Contents: (limit: 1 page)
3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,”
identify the “parent company.”
d. Name, title, address, and telephone number of the proposed
representative to contact concerning the Proposal Submittal.
e. California Business License Number
4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the
Services and the names/discipline/job title of each as well
as your firm’s capacity to provide additional personnel as
needed.
(ii) Identify three (3) persons that shall be principally
responsible for working with the City. Indicate the role and
responsibility of each individual. If the Proposer is chosen
as a finalist, these principal individuals must attend the
interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please
include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working
directly with the City.
b. Subcontractors
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(i) The Proposer shall identify functions that are likely to be
subcontracted and identify the subcontractor(s) that is
anticipated to perform each function, if known at this time.
5. Fiscal Stability: (limit: 4 pages- not including supporting documentation)
a. The Proposer should provide evidence of corporate stability
including:
(i) A current report from any commercial credit rating service
such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of
credit; and
(iii) Latest audited financial statement and/or annual report that
has been certified by a CPA. This information will remain
confidential and is not subject to public disclosure.
6. Experience and Technical Competence: (limit: 4 pages)
a. Experience
(i) The Proposer shall provide a description of how the
Proposer’s experience, technical and professional skills will
meet the goals and fulfill the general functions identified in
this RFP.
(ii) Describe the past experience of the staff to be assigned to
perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has
conducted business. Proposer must have at least four (4)
years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s
experience and performance performing similar services.
Include the following information: (1) Organization/City,
contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of
services.
(v) Describe the Proposer’s local experience and knowledge
of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most
relevant service contracts held within the last five years, one
page per project, to include:
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(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in
detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration, or mediation.
Conviction of the firm or its principals for violating a
state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws, or
regulations.
Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
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c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the
services requested in this RFP.
7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the
technical and management approach to providing the services to the city. Proposer should take
into account the scope of the Services, goals of the City, and general functions required. Include
a draft first year schedule of tasks, milestones, and deliverables that will provide for timely
provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”,
the Proposer may identify additional necessary tasks and is invited to bring these to the City’s
attention within the discussion of its proposed method to accomplish the work.
8. Fee Proposal: (limit: 5 pages) Please provide a Unit Cost fee proposal for
the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional
Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee
Proposal shall be uploaded separately to Planetbids under the “Cost File” tab.
9. Certificate of Insurance: (limit: 2 pages) - not including supporting
documentation. See the Agreement, attached hereto as Exhibit “C”, for a description of the
insurance requirements. Proposer shall provide a copy of their Certificate of Insurance showing
that their insurance meets the requirements of the city.
10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by
your firm or against your firm related to the provision of Services in the last five (5) years.
11. Other Information: (limit: 2 pages) This section shall contain all other
pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing
projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the city.
d. A statement that the Proposer has no conflicts of interest in
connection with providing the Services.
12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the
City in accordance with the Request for Proposal (RFP), and to be bound by the terms and
conditions of the RFP.”
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13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions
to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such
exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal.
As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the
insurance and indemnification provisions therein. If proposer does not take any exceptions or
deviations from the terms and conditions indicated in the agreement, then the proposer must
indicate this information by making a statement within the proposal documents.
G. Selection Process
1. The city will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of
California.
b. The Proposer has no conflict of interest with regard to any other
work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references. (Pass/Fail)
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail)
j. Litigations (Pass/Fail)
2. During the evaluation process, the City reserves the right, where it may
serve the City's best interest, to request additional information or clarifications from Proposers, or
to allow corrections of errors or omissions.
3. It is the City’s intent to select a Proposer best evidencing demonstrated
competence and professional qualification to perform the Services. The City reserves the right to
reject all proposals, select by proposal review only or interview as needed. Certain Proposers
may be selected to make a brief presentation and oral interview after which a final selection will
be made. The successful Proposer will be selected on the basis of information provided in the
RFP, in-person presentations, and the results of the City’s research and investigation. Upon
selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with
the selected Proposer. In the event that the City is unable to reach agreement, the City will
proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City
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reserves the right to contract for services in the manner that most benefits the City, including
awarding more than one contract if desired.
4. After negotiating a proposed Agreement that is fair and reasonable, City
staff will make the final recommendation to the City Council concerning the proposed Agreement.
The City Council has the final authority to approve or reject the Agreement.
H. Protests
1. Protest Contents: Protests based on the content of the RFP shall be
submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal
deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of
the protest. Proposer may protest a contract award if the Proposer believes that the award was
inconsistent with City policy, or this RFP is not in compliance with law. A protest must be filed in
writing with the City (email is not acceptable) within five (5) business days after receipt of
notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after
notification of the contract award will be rejected by the City as invalid and the Proposer’s failure
to timely file a protest shall waive the Proposer’s right to protest the contract award. The
Proposer’s protest must include supporting documentation, legal authorities in support of the
grounds for the protest and the name, address and telephone number of the person representing
the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed
waived.
2. City Review: The City will review and evaluate the basis of the protest,
provided that the protest is filed in strict conformity with the foregoing. The City shall provide the
Proposer submitting the protest with a written statement concurring with or denying the protest.
Action by the City relative to the protest will be final and not subject to appeal or reconsideration.
The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole
and exclusive remedy in the event of protest. Failure to comply with these procedures shall
constitute a waiver of any right to further pursue the protest, including filing a Government Code
claim or legal proceedings.
I. Proposal Schedule
The tentative schedule is as follows:
ACTION DATE
Release of Request for Proposal June 7, 2023
Last Day to Submit Questions for Clarification
received by the city on or before June 19, 2023, 3:00 pm
June 19, 2023
Clarifications Issued by City on or before June 22, 2023,
3:00 pm
June 22, 2023
Deadline for Receipt of Proposals
submitted on or before June 29, 2023, 3:00 pm
June 29, 2023
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above
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schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-
described professional Services and City retains the sole discretion to cancel or modify any part
of or all of this RFP at any time.
J. Submittal Requirements
1. General: It is strongly recommended that the Proposer submit proposals
in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.
All requirements and questions in the RFP should be addressed and all requested data shall be
supplied. The City reserves the right to request additional information which, in the City’s opinion,
is necessary to assure that the Proposer’s competence, number of qualified employees, business
organization, and financial resources are adequate to perform according to the Agreement.
2. Preparation: Proposals should be prepared in such a way as to provide a
straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.
Responses should emphasize the Proposer’s demonstrated capability to perform the Services.
Expensive bindings and promotional materials, etc., are not necessary or desired. However,
technical literature that supports the approach to providing the Services and work plan should be
forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach
to the work and clarity of proposal.
3. Site Examination: Proposers may visit the City and its physical facilities to
determine the local conditions which may in any way affect the performance of the work;
familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and
codes affecting the performance of the work; make such investigations, as it may deem necessary
for performance of the Services at its proposal price within the terms of the Agreement; and
correlate its observations, investigations, and determinations with the requirements of the
Agreement.
4. Authorization: The proposal shall be signed by an individual, partner,
officer or officers authorized to execute legal documents on behalf of the Proposer.
5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson
v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be
held confidential by City and shall not be subject to disclosure under the California Public Records
Act (Cal. Government Code section 6250 et seq.) until after either City and the successful
Proposer have completed negotiations and entered into an Agreement or City has rejected all
proposals. All correspondence with the City including responses to this RFP shall become the
exclusive property of the City and shall become public records under the California Public Records
Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any
public disclosure of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the
California Public Records Act, the Proposer must mark it as such and state the specific
provision in the California Public Records Act which provides the exemption as well as the
factual basis for claiming the exemption. For example, if a Proposer submits trade secret
information, the Proposer must plainly mark the information as “Trade Secret” and refer to the
appropriate section of the California Public Records Act which provides the exemption as well
as the factual basis for claiming the exemption. Although the California Public Records Act
recognizes that certain confidential trade secret information may be protected from disclosure,
the City may not be in a position to establish that the information that a Proposer submits is a
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trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or
“Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the
information with reasonable notice to seek protection from disclosure by a court of competent
jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City
written notice of Proposer's objection to the City's release of Proprietary Information. Proposer
shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and
agents from and against all liability, loss, cost, or expense (including attorney's fees) arising out
of a legal action brought to compel the release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as exempt from
disclosure without justification may be deemed unresponsive and disqualified from further
participation in this procurement.
Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for
system to process your proposal. The Proposal must be received no later than 3:00pm PST, on
or before June 29, 2023. The City shall not be responsible for proposals that are not received on
time. The city will not be responsible for and will not accept late bids due to slow internet
connection, or incomplete transmissions.
K. General Conditions
1. Amendments to RFP: The City reserves the right to amend the RFP and
issue to all Proposers an addendum.
2. Amendments to Proposals: Unless specifically requested by the City, no
amendment, addendum, or modification shall be accepted after a proposal has been submitted
to City. If a change to a proposal that has been submitted is desired, the submitted proposal must
be withdrawn and the replacement proposal submitted prior to the deadline stated herein for
receiving proposals.
3. Non-Responsive Proposals: A proposal may be considered non-
responsive if conditional, incomplete, or if it contains alterations of form, additions not called for,
or other irregularities that may constitute a material change to the proposal.
4. Costs for Preparing: The City shall not compensate any Proposer for the
cost of preparing any proposal, and all materials submitted with a proposal shall become the
property of the City. The city will retain all proposals submitted and may use any idea in a proposal
regardless of whether that proposal is selected.
5. Cancellation of RFP: City reserves the right to cancel this RFP at any time
prior to contract award without obligation in any manner for proposal preparation, interview, fee
negotiation or other marketing costs associated with this RFP.
6. Price Validity: Prices provided by Proposers in response to this RFP are
valid for 120 days from the proposal due date. The City intends to award the contract within this
time but may request an extension from the Proposers to hold pricing, until negotiations are
complete, and the contract is awarded.
7. No Commitment to Award: Issuance of this RFP and receipt of proposals
does not commit the City to award a contract. City expressly reserves the right to postpone the
proposal for its own convenience, to accept or reject any or all proposals received in response to
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this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this
RFP.
8. Right to Negotiate and/or Reject Proposals: City reserves the right to
negotiate any price or provision, task order or service, accept any part or all of any proposals,
waive any irregularities, and to reject any and all, or parts of any and all propos als, whenever, in
the sole opinion of City, such action shall serve its best interests and those of the tax-paying
public. The Proposers are encouraged to submit their best prices in their proposals, and City
intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s
requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the
Proposer whose proposal best meets City’s requirements.
9. Non-Discrimination: The City does not discriminate on the basis of race,
color, national origin, religion, age, ancestry, medical condition, disability, or gender in
consideration for an award of contract.
Publication Date of RFP: June 7, 2023
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EXHIBIT “A”
Scope of Work:
Introduction
The City of San Bernardino (“City”) is requesting proposals from qualified vendors to provide
armed and unarmed guard services. The city desires to enter into an agreement for professional
services with a qualified vendor who can demonstrate competency and experience in providing
guard services.
There is no expressed or implied obligation for the City to reimburse responding vendors for any
expenses incurred in preparing proposals in response to this request. The City reserves the
right to reject any or all proposals submitted.
Proposals will be evaluated by city staff. The City reserves the right, where it may serve the
City’s best interest, to request additional information or clarifications from vendors, or to allow
corrections of errors or omissions.
Terms: For purposes of this scope of services and any related documents, the following terms
are defined as:
• Contract Manager – The City representative responsible for overseeing the contract
and ensuring the vendor services agreement is appropriately followed, including
answering questions, making changes, and mediating conflicts. This designation is
assigned to the Public Works Facilities and Fleet Division Manager. The Deputy Director
of Operations is assigned as the alternate contract manager.
• Vendor – This refers to the security guard services contractor and any of their assigned
representatives.
General Description
The Vendor shall provide appropriately equipped and well-trained, certified, and/or licensed
security guards for the protection of the City’s employees, the public and the property, and shall
plan, schedule, coordinate, and ensure the effective performance of all services described
herein. Quality and experience of security guards and the services provided will be a critical
element of the contract, as written within this RFP and particularly in the following “Scope of
Services (Specifications)”.
The following are conditions and specifications covering security guard services at the
designated City locations. This scope of services is based on hourly rates and the results will be
deemed acceptable if they are able to provide guard services according to the outlined
specifications. The City reserves the right to increase or decrease the quantity of any item or
portion of the work or to omit portions of the work as may be deemed necessary or advisable by
the City. The Contract Manager may make such alterations or deviations, additions to, or
omissions from these specifications, as may be determined to be necessary and advisable for
City hours of operation and/or events. Such alterations or deviations, additions or omissions
shall in no way affect or make void the scope of services. If during the course of work the
Vendor experiences a conflict with the plans/scope of work, the Vendor shall notify the Contract
Manager before proceeding with said services.
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Vendor Service Requirements
• The Vendor must comply with all applicable federal, state, and local laws, rules, and
regulations, including but not limited to those regarding wages, and cover all rest and
meal periods to ensure continuous coverage.
• Agree and ensure that security personnel fully perform their duties in accordance with
City imposed policies, procedures, and conditions for continued service at this account.
o Ensure that security personnel are fully aware of the political sensitivities that
exist in a municipal government.
• Schedule security coverage for vacations, holidays, unscheduled absences, and/or other
unplanned occurrences. Any costs (including overtime) associated with scheduling
vacations, holidays, and absences are the responsibility of the Vendor. These costs
must be included in the billing rate.
• Immediately transfer/remove security personnel from the account at the City’s request.
This includes the assigned Contract Manager representing the Vendor.
• The Vendor shall provide standard uniforms to security personnel. This also includes a
visual depiction of uniforms as part of the proposal, including any overcoats, jackets, and
head gear.
• The Vendor shall furnish all security personnel with communication equipment (radios,
cell phones, etc.).
• The Vendor shall designate a Contract Manager who will ensure all work tasks are
performed by each security guard and staff to meet contract obligations and shall
coordinate all issues relating to this contract, staffing, performance, etc., and will be the
point of contact for the City. Vendor shall not replace the Contract Manager unless prior
written notice is given to and approved by the City.
• The Vendor shall offer a patrol motoring system. Please refer to the “Reporting and
Notification” section for further system criteria.
• The Vendor shall not be entitled to be paid or reimbursed by the City for any services or
any other labor, supervision, or material that is in excess of the Scope of Services.
• The Vendor shall, at the firm’s expense, have all assigned guards complete the Vendor’s
established training program, and shall make evidence of such training available upon
request. In addition, the Vendor must provide a copy of their training plan/schedule along
with their bid.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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San Bernardino Municipal Code 9.90.010 Arrest – Citation
• Pursuant to Sections 836.5, 853.5, and 853.6 of the California Penal Code, security
guard personnel as listed in each subsection herein are authorized and empowered to
arrest and issue notices to appear for violations of the provisions of the San Bernardino
Municipal Code as hereinafter set forth.
Security Guard Requirements
• The Vendor’s employees’ appearance, personal hygiene, attitude, courtesy, and job
knowledge needs to present a favorable image. No smoking, reading unauthorized
material, eating, or grooming shall be permitted while guards are in public view.
• No personal phone calls will be permitted, except in an emergency.
• Security guards assigned to each facility shall always maintain strict client confidentiality.
• Must be on time, report to work in a Class A uniform provided by the Vendor, well
groomed.
• Always maintain a positive and professional attitude.
• All security personnel are responsible for documenting their daily observations and any
security incidents in a formal report and provide electronic copies to the City. Further
criteria are noted in the “Reporting and Notification” section below.
• Security guards are required to sweep buildings prior to open of business by checking
the public areas, restrooms, trash cans, and under benches to ensure that no one has
hidden a weapon in the facility overnight.
• Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.
During each patrol, guards will check all exterior doors/facility structure and assure they
are locked and have not been tampered with.
• Confirmation that the assigned patrols were performed using barcode scanning
checkpoints.
• Ensure that security personnel remain awake and alert at all times. The vendor shall
take appropriate disciplinary action in the event a security officer is found asleep (or
appears to be asleep) while on duty.
• Escort City staff to vehicles as requested. A dispatch number will need to be provided to
accommodate escort services upon award of contract services.
• Must not be intimidated to approach an upset customer when City staff are talking to the
customer.
• Deter unsolicited commotion.
• Escort upset customer out of the building if needed.
• When necessary, the proper police authority shall be summoned. Security personnel
shall always be cooperative with authorized emergency personnel, by providing
assistance, while not interfering in the performance of their duties.
• Security guards shall be adequately trained and experienced in their specific duties, and
in addition, the use of all-purpose fire extinguishers, drug/narcotics identification, bomb
threat situations, the avoidance of violent situations, and be specifically trained for each
piece of security equipment carried or used.
• Security guards must pass CPR and First Aid Training and remain certified to remain
compliant. Training is to be completed every two years.
• All armed security guards require current POST PC 832 arrest and firearm certification,
or a valid Security Guard Registration (California Guard Card) of the California
Department of Consumer Affairs, Bureau of Collections and Investigations, and Firearm
Permit issued by the Bureau of Security and Investigative Services (BSIS).
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• All unarmed security guards shall meet the requirements, including a valid Security
Guard Registration (California Guard Card) of the California State Department of
Consumer Affairs, Bureau of Collections, and Investigations.
Reporting and Notification
• Security guards shall log and report daily regarding all serious incidents to the Public
Works Facilities and Fleet Division Manager.
o Items to be documented include, but not limited to, suspicious person, security
breaches, system failures, facility maintenance issues, safety hazards, any bomb
threats, criminal activity, or incidents that occur to any member of the public.
o These forms should be used to document any damages, such as graffiti or
vandalism, noted at any of the city facilities.
o Ensure that security personnel document any security incidents on incident
report forms and provide electronic copies to the city.
• On a monthly basis, the Vendor will provide a signed and dated work task/frequency
sheet verifying all work performed at all locations.
o A monthly work report shall be signed and dated confirming that the work was
accomplished.
• The Vendor must have a patrol monitoring system in place to allow security guards to
scan assigned QR-Code checkpoints located at City entrances, doors, window frames,
etc.
o The function is to be used on regular patrol and at special events for tracking to
generate real time reports.
o Guard tours are monitored by the Vendor and City management remotely and
sent by email to ensure required patrols are being conducted.
• Customer Service and After-Hours Notification
o The Vendor is required to have a dedicated after-hours notification line monitored
and answered by an employee that can dispatch crews should an after-hour
emergency or urgent issue occur.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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Hours of Operation
• Work hours vary by department and times are subject to change at any time. The
Vendor will be notified by the Facilities and Fleet Division Manager of any changes to
department hours, or any adjustments needed to be made to the existing schedule prior
to implementation.
Requests from the Public
• The Vendor and its representatives are prohibited from taking direct requests from any
residents, park patrons, City staff (not affiliated with the Facilities Maintenance Work
Section of the Public Works Department), or any other organizations. The Vendor will
make every effort to politely inform the requesting individual or party to contact the
Public Works Department, City’s Public Information Officer (PIO), or the San Bernardino
Help Line at 909-384-7272.
Requests from the Media
• The Vendor and its representatives should not speak to the media on the Department’s
behalf without approval. All media inquiries should be directed to the Public Works
Department, the City’s Public Information Officer (PIO), or the San Bernardino Help Line
at 909-384-7272.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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LOCATIONS AND AREAS OF SERVICE
For a full description and illustration of areas requiring patrol and/or security checks and
illustrated location maps, please see below:
Front Desk Security Services
City Hall Campus
Concierge/front desk security guards provide both security and hospitality services and are
responsible for delivering a high level of customer service and providing protection for the
occupants of the building.
Note: Monday through Friday schedules exclude holidays that are observed by the city.
San Bernardino Public Libraries
Concierge/front desk security guards provide both security and hospitality services and are
responsible for delivering a high level of customer service and providing protection for the
occupants of the building.
Location Number of
Guards
Day(s) Hours
Norman F. Feldheym Library
555 W. 6th Street
Two (2) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Location Number of Guards Day(s) Hours
Vanir Tower
290 N. D Street, 1st
Floor Lobby
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. A
(South)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. B
3rd Floor (North)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
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Paul Villasenor Library
525 N. Mt. Vernon Ave.
One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Howard M. Rowe Library
108 E. Marshall Blvd.
One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall
cover all rest and meal periods. Libraries closed on Fridays and Sundays.
Security Guard Patrol Services
City Hall Campus Patrol
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol during
swing and graveyard shifts:
Location Day(s) Hours Additional Duties
City Hall Campus (map
included in Exhibit A)
One (1) armed
security in uniform;
totaling three (3)
rover armed guards
per day
Monday through
Sunday, 24 hours
per day
Three 8-hour shifts per
day. Escort services shall
be available from the
hours 4:00pm – 8:00pm.
Patrol areas include City
Hall parking structure,
parking lot, and building
exterior.
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City Parks Patrol
Two (2) armed security guards in uniform in a clearly marked security vehicle to patrol:
Location Day(s) Hours Additional Duties
Bryce Haynes Park
900 N. E Street
Monday through
Sunday
6:00pm – 5:00am Facility and parking lot to be
checked by Park Patrol.
Clear parking lot and lock
outer gate and inner
gates/barriers by 10:00pm.
Meadowbrook Park
250 N. Sierra Way
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Wildwood Park
536 E. 40th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Blair Park
1466 W. Marshall Blvd.
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Perris Hill Park
1135 E. Highland Ave.
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Pioneer Cemetery
211 E. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot and lock
the inner gates/barriers and
outer 7th Street gate by
10:00pm.
Delmann Heights Park
2969 Flores Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Norton Recreation
Center
1554 E. Townsend Drive
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Encanto Park
1180 W. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Nicholson Park
2750 W. 2nd Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Seccombe Park and
Lake
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers from October
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160 E. 5th Street – March (winter hours) by
6:00pm. Lock outer gate
from April – September
(summer hours) by 8:00pm.
Note: Summer and Winter hours
Vacant or Occupied City Buildings Patrol
Two (2) armed security guard in uniform in a clearly marked security vehicle to patrol:
Location Day(s) Hours Description of Duties
Carousel Mall
295 Carousel Mall
Monday through
Sunday
10:00pm – 6:00am (8-
hours per day)
Patrol City owned buildings,
parking lots, and plazas in
clearly marked security
vehicle. Guards shall also
patrol on foot to check City
buildings that have exterior
doors, windows, and any
points of entry to assure that
they are locked and have not
been tampered with.
The Carousel Mall property
includes the parking
structure and all parking
areas surrounding the Mall.
Old Woolworth Building
396 N. E Street
Convention Center
301 N. E Street
512 W. 5th Street
Church Street/D Street
Church Street/Vale Street
Sturges Center for
Performing Arts
780 N. E Street
School of Hope
796 E. 6th Street
400 block N. F Street (west
side of street)
400 block N. D Street (west
side of street)
402 N. D Street (Law Library)
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Security Guard Roving Services
City Yard Rover
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and
conduct rover scans:
Location Day(s) Hours Additional
Duties/Checkpoint
Locations
San Bernardino City Yard
234 S. Mountain View Ave.
One (1) armed
guard with
vehicle
Monday through
Sunday, 9:00pm
– 5:00am
Roving and patrolling of
yard. There are three
entrance gates that should
be scanned once an hour.
City Building Rover (Swing and Graveyard)
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and
conduct rover scans Monday through Sunday, from 10:00pm – 6:00am:
Location Additional Duties/Checkpoint Locations
Vanir Tower
290 N. D Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at: 1) Employee entrance and 2) “D” Street
door frame.
201 N. E Street, Bldg. A
(South)
Facility area to be checked by Patrol. Scanning checkpoint
located at entrance of Building #A window frame.
California Theatre
562 W. 4th Street
Facility and surrounding parking lot to be checked by Patrol.
Scanning checkpoint located at front entrance ticket booth.
Animal Services
333 Chandler Pl.
Gates (2) to be checked twice a night by Patrol. Scanning
checkpoint located on side door frame.
Norman F. Feldheym
Library
555 W. 6th Street
Gates to be checked twice a night by Patrol. Scanning
checkpoint located at library drop box.
Rudy C. Hernandez
Community Center
222 N. Lugo Ave.
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at: 1) Employee entrance and 2) “D” Street
door frame.
5th Street Community
Center
600 W. 5th Street
Facility and parking lot on north side to be checked by Patrol.
Checkpoint located at rear meter of the building.
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Paul Villasenor Library
525 N. Mt Vernon Ave.
Facility and surrounding parking lot to be checked by Patrol.
Scanning checkpoint located on outside perimeter of entrance.
Lytle Creek Community
Center
380 S. K Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located in parking lot on blue sign.
Regal Cinema
450 N. E Street
Facility and parking lot to be checked by Patrol, including
parking lots to the south, west and north side of the theater.
Scanning checkpoint located at loading dock door.
Court Street Square
349 N. E Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at 1) Court Square gate and 2) “E” Street
end of bridge.
Note: Vendor shall cover all rest and meal periods.
Rover Money Pick-up and Drop-Off Services
City Building Rover
One (1) armed security guard with a clearly marked security vehicle to pick-up and drop-off
security bags at the following locations:
Location Day(s) Hours Description of
Duties/Notes
Animal Services
333 Chandler Place
Monday through
Thursday
Route begins at
8:45am
Pick-up at Animal Shelter
Front Rail.
Police Department
710 N. D Street
• Traffic Division
Window (1st Floor)
• Finance Department
(2nd Floor)
Monday through
Thursday
Approximately
9:15am – 9:45am
Two (2) pick-ups: First
floor Traffic Division and
second floor Finance
Department (call for pick-
up using the phone on the
wall).
Vanir Tower – Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by
10:00am
Drop-off security bags
from Animal Services and
Police Department.
City Clerk, Business
Registration, and Parks &
Recreation Departments
201 N. E Street, Bldg. A
Monday through
Thursday
Approximately
10:15am –
11:15am
Pick-up at three (3)
departments. Business
Registration closed for
lunch from 1:30-2:30pm.
When picking up at the
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(South) Parks & Recreation
Department, ring doorbell.
Community and Economic
Development
201 N. E Street, Bldg. B (3rd
Floor)
Monday through
Thursday
Approximately
11:30am –
2:00pm
For Community
Development, pick-up
from Licensing. For Public
Works, pick-up from
Accounting Assistant.
Public Works
201 N. E Street, Bldg. B, 2nd
Floor (North)
Norman F. Feldheym
Library
555 W. 6th Street
Wednesdays
only
Approximate pick-
up time is
1:00pm, but may
vary
Pick-up at Feldheym
Library, which will include
other library branches
security bags.
Vanir Tower - Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by 2:00 -
3:00pm
Final drop-off.
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall
cover all rest and meal periods.
Special Events
The city may request security services for City events which will be outside of the scope listed
above. Vendor is to ensure all scope of services are covered and there are no service
interruptions due to special event. The city will provide a special event purchase order outside of
scope of service. At the established hourly rate defined in this Cost Proposal Form.
Vendor will train staff as assigned to the service area or special event in accordance with the
expectations set forth by the City.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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City Hall Campus
2nd Street to Court Street between “D” Street and “E” Street
Packet Pg. 680
City Yard
182 S. Sierra Way
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Carousel Mall Property
Packet Pg. 682
San Bernardino City Animal Shelter
333 Chandler Place
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City Libraries
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City of San Bernardino Community Centers
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EXHIBIT “B”
Unit Cost File:
PLEASE NOTE: The cost is per unit, but quantity ranges are provided to allow for volume
discounts if offered by vendor. Vendor may simply provide one cost per unit if desired.
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EXHIBIT C
CITY OF SAN BERNARDINO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT
DATE***], 2022 by and between the City of San Bernardino, a charter city and municipal
corporation organized and operating under the laws of the State of California with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and
[***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal
place of business at [***INSERT ADDRESS***] (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:
[***INSERT DESCRIPTION***] (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
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accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the
compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. 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. [***Additionally, the City may include a CPI price
adjustment, delete the following language if such adjustment will not be used***] 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 the completion of services as set forth in Exhibit “A,” unless the Agreement is previously
terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in
this section without reference to the Exhibit***]
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.
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Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement
for delays in performance caused by circumstances beyond the reasonable control of the non-
performing Party. For purposes of this Agreement, such circumstances include a Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the
services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare, and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall, within
a reasonable time of being prevented from performing, 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. [***IF NO PERFORMANCE
INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING
EXHIBIT B***]
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.
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13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate from
the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits,
qualifications, insurance, and approvals of whatever nature that are legally required of Consultant
to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this Agreement,
subject to such directions and amendments from City as herein provided. Any personnel
performing the work governed by this Agreement on behalf of Consultant shall at all times be
under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance under this Agreement
and as required by law. Consultant shall be responsible for all reports and obligations respecting
such personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall 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
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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.
(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
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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. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT
APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall
maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form
and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(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
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Professional Liability $1,000,000 per claim and aggregate (errors
and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF
NOT APPLICABLE***]
(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
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.
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(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
transacting in the business of insurance in the State of California, or otherwise
allowed to place insurance through surplus line brokers under applicable
provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
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 r eimbursed 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.
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m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial gene ral liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may a pprove different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
reasonably approved by the City), indemnify and hold the City, its elected and appointed officials,
officers, employees, agents, and authorized volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant’s services, the Project, or this Agreement, including without
limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs
and expenses. This indemnification clause excludes Claims arising from the sole negligence or
willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, the City Council, members of the City Council,
its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the
expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which
is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent
which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant in the performance of the services or this Agreement, and, upon
Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability
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
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and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK
SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO
OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]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 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
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exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in
enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City’s representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City
to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to, and become the property of the City.
27. Organization. Consultant shall assign [***INSERT NAME***] 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: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
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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 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.
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39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no official, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
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. [***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***]
Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its
obligations under this Agreement or comply with the Performance Indicators may result in
disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning
in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic
correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to
Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10
days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be
provided with a reasonable time to make corrections to their performance. This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s
current invoice amount or annual contract amount is deducted for non-performance after previous
warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected
after all warnings and previous penalties have been exhausted, City may terminate the contract
pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
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
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
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EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments /
Activity Schedule***]
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[***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***]
EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City
[***INSERT DEPARTMENT***] and will be reviewed on a quarterly basis.
• Consultant will track and document all performance measures identified in the
Performance Plan. Measures will include, but a not limited to the measures listed below:
• Consultant will develop and distribute, electronically, a monthly summary report showing
the current status and 12-month trend of each performance measure.
• Consultant will attend quarterly meetings scheduled by the City [***INSERT
DEPARTMENT***]and present and discuss performance measures.
• Consultant will track all cost savings for all orders requested by Waste Resources and
will report their total Cost Savings on a quarterly basis.
2. Performance Measures
1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk,
or injury
b. Safety Measures is related to PW projects when a contractor is conducting work
on a county facility and/or delivery materials and services to a county facility.
2. Quality:
a. Definition: the standard of something as measured against other things of a
similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the
monitor installed correctly, crooked, upside down? Were monthly/annual
inspections done correctly/on time, were they incomplete.
3. Cost Savings:
a. Definition: a reduction in expenses, especially in business
b. Cost Savings Measure is related to savings that a vendor makes and passes on
to the County.
4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator
measuring the rate of finished products and deliveries made in time. This rate is
expressed in a total number of units delivered within a set period defined by the
customer and the supplier.
b. On-Time Delivery measure is related to service contracts, where the samples
delivered on time to the lab. This can also refer to pick-up services such as with
environmental contracts that deal with hazardous samples.
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Thursday, July 6, 2023
RESPONSE TO RFP F-23-52
ARMED & UNARMED
SECURITY GUARD SERVICES
City of San Bernardino
Primary Contact:
Jason Berckart, CPP
Chief Executive Officer
951-370-9931
jberckart@redwood-security.net
Redwood Private Security
Mission Statement
“To provide an unrivaled
partnership with quality
clients by delivering
customized security services
and solutions carried out by
a dedicated and professional
workforce.”
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 2
1) EXECUTIVE SUMMARY
Dear City of San Bernardino Purchasing,
Redwood Private Security is honored to present the following response to RFP F-23-52 (Armed
and Unarmed Security Guard Services) for the City of San Bernardino. We pride ourselves in
creating customized security services and full-service solutions by getting to know each client and
their unique needs. We understand the City of San Bernardino has unique needs and challenges
and we tailor our services to compliment City operations and serve as a true partner to you and
the community we collectively serve.
Redwood Private Security was created by highly seasoned security management professionals
with decades of collective experience. Our executive and management team have worked
together for years and have the synergy to produce unrivaled security services.
Our team has demonstrated experience and great qualifications for serving clients of all types in
multiple vertical markets. The Redwood Private Security team has extensive experience providing
both armed and unarmed security services, including for the City of San Bernardino. We provide
security for both the public and private sectors, including government offices and facilities,
industrial complexes, commercial office, high-rise, and much more.
Our industry-leading processes and training academy establish the appearance and integrity the
City should demand from their security services partner. Our security officers are thoroughly
screened and trained before being placed at a City of San Bernardino location. At Redwood
Private Security, we do more than just fill a uniform; We provide security officers who take pride
in their job and fulfill our commitment to a true security services partnership with each client.
At Redwood Private Security, we always stay ahead of the game in industry technology and best
practices to complement our services delivery. We will propose technology and updated
methodology to the City where applicable to reduce the need for personnel, increase visibility,
and increase productivity and accountability.
After reviewing the following proposal, we are confident you will see Redwood Private Security
is best suited and qualified to meet the City of San Bernardino’s dynamic security needs. I would
be honored to provide an in-person presentation to provide you with further information or
answer any of your questions.
Respectfully,
Jason Berckart, CEO
Redwood Private Security, LP
951-370-9931 mobile | jberckart@redwood-security.net
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 3
2) TABLE OF CONTENTS
1) EXECUTIVE SUMMARY ................................................................................ 2
2) TABLE OF CONTENTS ………………………………………………………………………………………………………….3
3) IDENTIFICATION OF PROPOSER .................................................................... 4
4) STAFFING RESOURCES ............................................................................... 5
5) FISCAL STABILITY .................................................................................. 11
6) EXPERIENCE & TECHNICAL COMPETENCE ...................................................... 13
7) PROPOSED METHODOLOGY ....................................................................... 24
8) FEE PROPOSAL ...................................................................................... 26
9) CERTIFICATE OF INSURANCE ..................................................................... 27
10) LITIGATION .......................................................................................... 28
11) OTHER INFORMATION .............................................................................. 29
12) CERTIFICATION OF PROPOSAL ................................................................... 30
13) APPENDICES ......................................................................................... 31
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 4
3) IDENTIFICATION OF PROPOSER
a) Legal Name and Address of Company:
Company Headquarters & Local Office
Redwood Private Security, LP
473 East Carnegie Drive, Suite 200
San Bernardino, CA 92408
b) Legal form of Company:
Redwood Private Security operates as a California Limited Partnership, headquartered in San
Bernardino, California.
c) Subsidiary Information:
Not applicable - Redwood Private Security, LP is a privately-owned company and is not owned by
any parent company.
d) Company Point of Contact:
Jason Berckart
Chief Executive Officer
473 East Carnegie Drive, Suite 200
San Bernardino, CA 92408
(909) 435-4051
jberckart@redwood-security.net
e) California License Numbers:
Redwood Private Security is licensed by the State of California, Bureau of Security and
Investigative Services (BSIS) as a Private Patrol Operator – License # PPO 120965
Redwood Private Security also holds a City of San Bernardino Business License – Account 969664
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 5
4) STAFFING RESOURCES
a) Firm Staffing and Key Personnel:
(i) If awarded this contract, Redwood Private Security intends to staff this contract with 20
permanent regular armed security officers and 4 permanent regular unarmed security
officers. Additionally, we will maintain a pool of Flex and On-call armed and unarmed
security officers to fill open shifts due to call-offs, planned absences, and additional
security requests made by the City. These security officers will be supported by our Quality
Control Managers (Field Supervisors), Operations Managers, and other company
management. As a local San Bernardino business, we have unmatched access to local
resources to staff any additional security needs for the City of San Bernardino on short
notice. Redwood Private Security has previously supported the City of San Bernardino’s
additional security needs for both planned events and unplanned emergency situations.
(ii) Redwood Private Security proposes using the following three (3) individuals who will be
principally responsible to the City for this contract.
Dedicated Client Manager for City of San Bernardino
Redwood Private Security will assign a dedicated security manager to the City of San
Bernardino to oversee the day-to-day operations. The security manager will also be
responsible for overseeing hiring, training, scheduling, contract compliance, and
supervision of the security officers assigned to the City of San Bernardino. The security
manager will also serve as the day-to-day point of contact with City officials for this
contract and will ensure contract compliance and complete satisfaction by the City and
any other stakeholders.
Larry Krininger, General Manager – Inland Empire
Mr. Krininger will be responsible for supporting the security manager and this contract by
ensuring proper availability of job candidates and additional personnel resources, as
needed, and will ensure compliance with the contract. Mr. Krininger has access to over 50
additional security personnel within the Inland Empire area. Mr. Krininger was involved in
the Carousel Mall project, the City parks patrols and other security staffing needs for the
City, and has built great working relationships with the various City departments. Mr.
Krininger will also coordinate initial and ongoing training for the security officers assigned
to the City of San Bernardino.
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 6
Jason Berckart, Chief Executive Officer
Mr. Berckart will continue to support the City of San Bernardino by ensuring any resources
requested by the City are fulfilled without delays or cumbersome layers of bureaucracy.
Mr. Berckart was involved with the City’s Carousel Mall project and has provided security
officers to the City for the parks patrols, and other emergency and planned events. Mr.
Berckart is always ready to provide quick and effective solutions to our client-partners.
Mr. Berckart is a licensed and certified Firearms Instructor and is responsible for the
company’s initial and ongoing firearms training, certification, and compliance programs.
Mr. Berckart will be the primary training instructor for the armed security officers assigned
to the City of San Bernardino.
(iii) Redwood Private Security maintains a flat organizational structure so our employees and
clients can benefit from quick and efficient responses from their management team. In
addition to the above three managers, this contract will be supported by other
departments within the company. The following Organizational Chart outlines the team
who will be involved in this contract.
RPS will provide the City of San Bernardino with a clear channel of communication so we
can provide the best security services possible. At RPS, our organizational structure is
designed with minimal layers of management. RPS delegates authority and responsibility
appropriately so the assigned security manager can resolve issues without having to
constantly escalate matters to higher management. With open lines of communication,
RPS management can be in contact with City of San Bernardino management and RPS
employees quickly and efficiently.
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 7
(iv) Brief Biographies of Proposed Management Team
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Response to RFP F-23-52 Page 8
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Response to RFP F-23-52 Page 9
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 10
b) Subcontractors:
Although Redwood Private Security strives to use local and minority-owned businesses to
support other aspects of our business, we intend to only use Redwood Private Security
employees to staff this contract.
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 13
6) EXPERIENCE & TECHNICAL COMPETENCE
a) Experience:
(i) Redwood Private Security and our team have a diverse background in the security industry
and in the Inland Empire which gives us the ability to deploy industry best practices and
proven tactics. RPS currently provides similar services to a variety of clients including the
City of San Bernardino, entertainment venues, commercial properties, and shopping
centers. RPS understands the complex challenges facing the City of San Bernardino and
has the expertise and experience to address these issues. Through our experience with
the City of San Bernardino and other local clients, RPS security officers have successfully
abated problem individuals, provided resources to homeless individuals and individuals in
crisis, and worked well with local law enforcement.
RPS utilizes the latest technology to ensure timely responses, safety, accountability,
transparency, and communication between security officers and with all stakeholders.
Our technology platforms enable our
management and City officials to track
security officer patrols to ensure
compliance with the contract and
thoroughness of patrols on a daily
report via e-mail. Our reporting
technology allows security officers to
capture and attach photos and videos
to any report, and then immediately
transmit the report via e-mail.
RPS security officers and managers have been trained and
authorized by the San Bernardino Police Department to issue
citations on City property for parking and municipal code
violations when necessary. This is an added benefit to the City
that will alleviate the need for a uniformed police officer to
respond to issue a citation for minor violations observed by our
security officers.
RPS is the only security provider in the area to provide an Opioid Response Program. RPS
is authorized by the State of California, Department of Public Health with
a bulk prescription for Naloxone for use by our trained employees. RPS
implemented this program to select clients where our security officers
frequently encounter individuals with substance abuse issues. In
addition to advanced First Aid, CPR and AED training, security officers are
trained to administer and carry Naloxone (Narcan).
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 14
(ii) Redwood Private Security’s executive and management team in San Bernardino brings
over 75 years of combined experience in the security industry. Most of our team’s
experience is in dynamic and high public contact environments similar to this Scope of
Work. The management team proposed for this contract have extensive front-line
experience in San Bernardino and surrounding cities dealing with the issues of people
experiencing homelessness, juvenile issues, trespassing, and other criminal acts. The
proposed management team oversees the security officers currently assigned to the City
and Vanir Tower and is familiar with many of the problematic individuals in downtown
San Bernardino. The RPS team will bring over institutional knowledge of the downtown
San Bernardino area, as well as all information from previous incidents occurring in the
area.
RPS will use armed security officers who have experience providing similar services with
solid work history. RPS conducts a thorough screening of all applicants including a
comprehensive background check through a third-party screening service. The
candidate’s information is checked against federal, state, and local criminal records
databases, sex offender registries, and DMV records. RPS also verifies a candidate’s Social
Security number and authorization to work in the United States using the Department of
Homeland Security E-Verify system. Each candidate is required to meet or exceed all
requirements set forth by the RPS standards and applicable state laws.
RPS verifies all training and work history listed on the candidate’s application. Training is
verified by obtaining copies of certificates or diplomas, or by contacting the issuing
organizations.
RPS conducts annual verifications of all required security licenses for all security officers
and supervisors. In addition, RPS will conduct an annual Motor Vehicle Record check
through the Department of Motor Vehicles (DMV) for all security officers and supervisors
assigned to driving positions.
In compliance with the Drug-Free Workplace Act of 1988, RPS is committed to providing
a safe and productive work environment free of illegal drugs. Alcohol and drug abuse in
the workplace create a safety and security threat to the employees, clients, and facilities.
RPS is committed to the elimination of illegal drug and alcohol use and abuse in the
workplace. Candidates are required to pass a 10-panel drug screen for illegal drugs.
RPS also requires all armed security personnel to complete and pass a psychological
evaluation using the same standard required for entry-level peace officers in California.
Each candidate is evaluated by our third-party licensed police psychologist.
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 15
(iii) The Redwood Private Security team has over 20 years providing and managing armed and
unarmed security services to public sector clients throughout California. These contracts
included federal, state, county, and city agencies as well as public utilities and regional
transportation agencies. The RPS CEO previously managed the entire security program for
San Bernardino County, consisting of 485 security officers covering 110 work sites from
Chino to Needles.
The proposed RPS management team has been providing armed and unarmed security
services for the City of San Bernardino and throughout the Inland Empire for many years
and is familiar with the local workforce and resources available to develop a successful
workforce.
(iv) The following Redwood Private Security clients have similar job duties as those
requested under this RFP.
Organization/ City: City of San Bernardino – Public Works
Contact Name: Daniel Hernandez
Contact Phone Number: (909) 384-5924
Contact Email: Hernandez_Da@sbcity.org
Project Size: $320,000
Project Description:
Provide 24/7 armed security patrols of the Carousel
Mall property to deter and detect intrusion,
trespassing and other unlawful activity, make physical
arrests and issue City of San Bernardino citations as
necessary. RPS also provides additional security for
Parks and Recreation events and securing Seccombe
Lake Park each night.
Organization/ City: Southern California Real Estate Services
Contact Name: Brenda Bunch
Contact Phone Number: (714) 259-9900
Contact Email: brenda@socalres.com
Project Size: $85,030
Project Description:
Provide daily security patrols of the Van Buren Plaza
property to protect customers coming and going from
the shopping center, deter and detect trespassing and
other unlawful activity.
Packet Pg. 716
Thursday, July 6, 2023
Response to RFP F-23-52 Page 16
Organization/ City: Urban Markets, LLC
Contact Name: John Burroughs
Contact Phone Number: (408) 206-7249
Contact Email: hradmin@spsmarket.net
Project Size: $528,000
Project Description:
Provide daily security and patrols of the San Pedro
Square Market entertainment venue to protect
customers coming and going from the marketplace,
deter and detect trespassing and other unlawful
activity at the venue.
(v) Redwood Private Security was founded and is headquartered in San Bernardino. As a local
company, we have a great understanding of the city and the many benefits and challenges
that face San Bernardino and the surrounding cities.
Many of the benefits include being geographically
situated as a logistics hub with major north-south
and east-west freeways, and an abundance of
economic opportunity. Some of the challenges
facing San Bernardino and the surrounding cities is
the migration of homeless individuals into the area,
crime and poverty in some areas of the community.
RPS strives to be a top-tier local employer that can
provide good-paying employment opportunities and benefits to San Bernardino residents.
RPS also has several local resources and suppliers that are a vital part of our overall
operation. These include workforce development resources, resources to assist applicants
with getting their required security license at no cost, and local equipment suppliers.
The proposed management team has extensive experience providing and managing a
security workforce in San Bernardino through various types of clients. Our team has
managed armed, unarmed, and hybrid workforces for both public agencies and private-
sector clients.
Packet Pg. 717
Thursday, July 6, 2023
Response to RFP F-23-52 Page 17
b) Project Specific Experience:
(i) Redwood Private Security is offering the following three service contracts as most
relevant to the scope of work in this RFP.
(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $320,000
(c) Dollar Value of the Fee:
RPS includes overhead costs and profits into our rates
and do not charge a flat fee.
(d) Description of the Services:
Provide 24/7 armed security patrols of the City property
to deter and detect intrusion, trespassing and other
unlawful activity,
make physical
arrests and issue City
of San Bernardino
citations as
necessary. RPS also provides additional security for Parks
and Recreation by patrolling several parks each night.
(e) Staffing:
RPS has provided anywhere from 4 - 8 armed security
officers and 6 – 10 unarmed security officers to the City.
(f) Duration of Providing Services:
Carousel Mall project: August 2022 – April 2023
Parks & Recreation: Ongoing
Public Works: Ongoing
(g) Relationship to Client: Approved security provider
(h) Client Contact:
Daniel Hernandez, Director of Public Works
City of San Bernardino – Public Works
(909) 384-5924
Hernandez_Da@sbcity.org
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 18
(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $85,030/ year
(c) Dollar Value of the Fee:
RPS includes overhead costs and profits into our rates
and do not charge a flat fee.
(d) Description of the Services:
Provide daily security patrols of the Van Buren Plaza
property to protect
customers coming and going
from the shopping center,
deter and detect trespassing
and other unlawful activity.
(e) Staffing: RPS provides 2 unarmed security officers to the contract.
(f) Duration of Providing Services: January 2022 – Current
(g) Relationship to Client: Approved security provider
(h) Client Contact:
Brenda Bunch, Property Manager
Southern California Real Estate Services
(714) 259-9900
brenda@socalres.com
Packet Pg. 719
Thursday, July 6, 2023
Response to RFP F-23-52 Page 19
(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $528,000/ year
(c) Dollar Value of the Fee:
RPS includes overhead costs and profits into our rates
and do not charge a flat fee.
(d) Description of the Services:
Provide daily security and patrols of the San Pedro
Square Market entertainment venue to protect
customers coming and going from the marketplace,
deter and detect trespassing and other unlawful activity
at the venue.
(e) Staffing:
RPS provides the following staffing for Urban Markets:
One (1) full-time Security Manager
Two (2) Security Supervisors
Eight (8) Security Officers
(f) Duration of Providing Services: April 2021 – Current
(g) Relationship to Client: Approved Security Provider
(h) Client Contact:
John Burroughs, General Manager
Urban Markets, LLC
(408) 206-7249
hradmin@spsmarket.net
Packet Pg. 720
Thursday, July 6, 2023
Response to RFP F-23-52 Page 20
(ii) Adverse Incidents
(a) Redwood Private Security has never failed to enter into a contract or professional
services agreement once selected by a prospective client.
(b) Redwood Private Security has never withdrawn a proposal as a result of an error or
for any other reason.
(c) Redwood Private Security has never terminated or failed a contract with a
governmental agency. Redwood Private Security has cancelled services with some
private-sector clients for non-payment issues or during annual contract re-bid.
(d) Redwood Private Security and its management team have never been debarred by
any municipal, county, state, federal or any other local government agency.
(e) Redwood Private Security has never been involved in any litigation, arbitration, or
mediation.
(f) Redwood Private Security has never falsified any information, statements or
submission in connection with a contract.
(g) Redwood Private Security has never willfully disregarded applicable rules, laws, or
regulations.
Packet Pg. 721
Thursday, July 6, 2023
Response to RFP F-23-52 Page 21
c) Technical Competence:
(i) Lighthouse System
RPS recognizes well-written and detailed reports build communication and trust with
any client. RPS uses the Lighthouse Guard Tour and Reporting System throughout
the company.
The Lighthouse Guard Tour and Reporting System encompasses fully customizable
guard tours, Daily Activity Report generation and e-mail distribution, incident
reporting, and facility maintenance reporting functions. Lighthouse is a web-based and application-
based program (for mobile devices, tablets, and smartphones) making it easily deployable and
extremely versatile.
The Lighthouse Guard Tour program allows RPS and City management to create a custom guard tour
for any site with one to an infinite number of checkpoints. Each checkpoint is created with an NFC
(Near-Field Communication) tag that is scanned
using a mobile device using the Lighthouse
application and GPS technology. The guard tours
are monitored by RPS and City management
remotely and via emailed reports to ensure
required patrols are being conducted.
In an effort to reduce paper usage, RPS
implemented technology in place of paper throughout our operations. The Lighthouse DAR entry allows
security officers to make their DAR entries in the Lighthouse system. These DAR entries are then
compiled into a completed DAR report and can be automatically e-mailed to City management on a
daily, weekly, or monthly basis. This eliminates the need for paper reports that can become
inadvertently destroyed or lost when needed most.
The Lighthouse Incident Reporting function enables security officers to immediately create an Incident
Report or Facility Maintenance Report from a desktop computer or mobile device. The Incident
Reporting function is customizable to each site and includes location specifics such as site, individual
suites, common areas, parking garage, etc. This customized location setup enables RPS and City
management to pull reports specific to a particular area, timeframe, or incident type.
With customized options on the initial system setup, the security officer sees an easy-to-use dropdown
menu of pre-set options. This creates a quicker and easier method for the security officer to effectively
report incidents. This also allows the security officer to continue patrolling without having to stop and
work through a cumbersome reporting program. The Lighthouse Incident Reporting function allows the
security officer to capture photographs and short videos via the application, and/or upload photos,
videos, and documents via the web portal as report attachments. This has proven to be an effective
tool to manage the photographic and videographic evidence associated with security incidents.
Lighthouse can be set up to send an e-mail of the incident report as soon as it is created by the security
officer. This provides for quick and effective communication of all incidents to RPS and City
management.
Packet Pg. 722
Thursday, July 6, 2023
Response to RFP F-23-52 Page 22
TEAM Software
Redwood Private Security uses Team Software for our workforce management. This all-in-one system
connects RPS’ workforce, Human Resource & Benefits functions, employee payroll, legal compliance,
quality control, client invoicing, and accounting. From the moment a new employee is onboarded, our
software cross-checks for proper licensing compliance, training standards, and quality controls. This
helps us ensure we always fill posts with trained and qualified security officers. Our employee
scheduling and timekeeping is centrally maintained in this web-based system, accessible to employees,
schedulers, and managers at any time on their phone or computer. This ensures clarity and
communication to ensure all posts are filled 100% of the time.
Since timekeeping is directly tied to employee payroll within the software, our employees can count on
an accurate paycheck on time each week. Another major benefit to this system is the connection
between employee payroll and client invoicing. RPS will never bill a client for hours not confirmed
worked and paid to an employee first. This results in very accurate invoicing to all RPS clients!
Two-way Communications
Redwood Private Security utilizes the FirstNet Public Safety network, the same system used by local
police and fire departments. This system enables the security officers assigned to the City to quickly
communicate with one another throughout the city via push-to-talk and priority cellular network
features. This benefits the City’s security program by
enabling a rapid and well-coordinated response to
crimes in progress and emergencies and enhancing
officer safety with quick backup from other officers.
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Thursday, July 6, 2023
Response to RFP F-23-52 Page 23
Off-Highway Patrol Operations
Redwood Private Security can provide off-road security patrols for the City
utilizing our all-terrain vehicle. These patrols can be useful when needing
to patrol areas not easily accessible by normal vehicles, such as stormwater
washes, hillsides and elevated terrain, and open spaces.
(ii) All Redwood Private Security managers are trained at each worksite within their area of responsibility.
Our management team, from the CEO down, carry work equipment in their vehicles at all times should
the need arise to respond to a site to assist with an incident or emergency staffing need. Additionally,
many of our managers possess training and instructor credentials in different disciplines to be able to
provide ongoing training to the security officers.
RPS maintains a team of Flex and On-call security officers which enable us to quickly fill posts during
scheduled and unplanned absences, and additional coverage requests.
As an added layer of support, RPS cross-trains security officers from other similar sites to be able to fill
in or assist with extra staff needs as requested by the City.
Packet Pg. 724
Thursday, July 6, 2023
Response to RFP F-23-52 Page 24
7) PROPOSED METHODOLOGY
The security program proposed is designed to provide effective and high-visibility security services for the
City of San Bernardino facilities, employees, vendors, and visitors. The RPS team has experience providing
these services for the City of San Bernardino. Through our research and experience, RPS understands the
City’s current and anticipated security needs, including personnel resources needed, training needed for
successful operations, specialized equipment and policies and procedures to complement your property’s
operations.
Objective
Our objective is to deliver a client-centric customized security partnership program that will exceed your
expectations, delivered by a committed and professional team. Your RPS management team will
frequently assess your security program, recommend updates, implement new solutions, and consistently
maintain communication and quality throughout the partnership. We will meet these objectives by using
the following:
• A focused recruiting strategy where we will target quality, service-oriented Security Officers, and
not just waiting for candidates to apply to online advertising.
• An employee compensation package to attract the best candidates in the area, including a generous
salary, medical, dental and vision plans, 401(k) options, and much more.
• A thorough screening procedure to ensure we only hire the best qualified Security Officers with a
proven work history and good work ethic. Our screening includes extensive background checks,
psychological assessment by a licensed law enforcement psychologist, drug screening, motor
vehicle records check, and previous work experience verification.
• An onboarding process employing a mentor-protégé method where new hires are guided through
their orientation to RPS’ policies and procedures, and company culture with more individualized
focus.
• An industry-leading training academy that will provide our security teams with the ongoing
educational tools they need to be successful in their individual positions, as well as preparing them
for their career advancement. Armed security officers will undergo an intensive weeklong academy
including firearms training and arrest/ citation training at our range facility. Other training is
currently offered in both instructor-led and multimedia formats for all security officers.
• Use of consistent field supervision, quality control measures, and employee support.
• Regular visits with City management to ensure consistent quality and service delivery.
• Use of scheduled performance evaluations of employees to ensure we communicate expectations,
give praise for high-performing areas, and strengthen areas needing improvement
• Custom incident reporting and guard tour system, including automatic e-mail reports to track all
aspects of the services provided by RPS.
Packet Pg. 725
Thursday, July 6, 2023
Response to RFP F-23-52 Page 25
Schedule of Tasks
Upon award of a contract with the City of San Bernardino, RPS will develop a detailed transition plan
outlining the tasks to be completed prior to the start of services. Some of the tasks include hiring and
training of personnel, ordering of officer uniforms, acquisition of any equipment needed, and regular
update meetings with key stakeholders.
RPS proposes the following schedule of tasks:
Award of Contract: Work with City of San Bernardino staff to ensure all required documents are
received and approved, and contract is signed.
Pre-start Tasks:
Recruit any needed security officers.
Select, screen, and onboard any new security officers.
Provide initial training to the security officers.
Order new uniforms and equipment for the startup.
Meet with City officials and any other key stakeholders.
Meet with San Bernardino PD to discuss any concerns at the site and
establish best practices for handling issues.
Conduct a thorough site security assessment for each location.
Develop draft site post orders for review and approval by the City.
Provide site-specific post training to security officers and supervisors.
Services Start:
Begin staffing the sites based on the contract staffing levels.
Shadow new security team to ensure smooth operations.
Post-Start Tasks:
Provide additional training to security officers and supervisors.
Meet with City officials and key stakeholders to discuss services and
any observations.
Provide any recommendations to City officials and key stakeholders.
Ongoing:
Provide debriefing on any incidents occurring at the site.
Continuously monitor activity at the site to ensure effective service.
Provide refresher training to the security team as needed.
Packet Pg. 726
Thursday, July 6, 2023
Response to RFP F-23-52 Page 27
9) CERTIFICATE OF INSURANCE
Redwood Private Security maintains insurance coverage for all clients. The following COI is issued for the
City of San Bernardino.
Packet Pg. 727
Thursday, July 6, 2023
Response to RFP F-23-52 Page 28
10) LITIGATION
Redwood Private Security has not been involved in any litigation for any claims by or against us in the last
5 years.
Packet Pg. 728
Thursday, July 6, 2023
Response to RFP F-23-52 Page 29
11) OTHER INFORMATION
a) Experience Staffing Tasks Efficiently and Within Budget:
Redwood Private Security has successfully staffed many new clients, including
the City of San Bernardino during startup, special events, and supporting their
unplanned/ emergency staffing needs. RPS has provided security officers for
both small and large-scale operations, armed and unarmed officers, 24 hours
per day. RPS regularly provides additional staffing for clients needing
emergency services, such as fire watch services, emergency maintenance, and
other facility emergencies.
RPS has never failed to fulfill our staffing obligations for any client and has
always worked with our clients to keep their security services within budget. Whenever possible,
RPS management recommends technology or staffing level adjustments that benefit the client,
often saving them money over the life of the contract.
b) Description of Community Involvement:
Redwood Private Security is a member of several industry organizations and regularly sponsors
events with these groups. RPS regularly supports various industries including commercial
properties, real estate management, and community associations. RPS regularly sponsors and
attends the Commercial Real Estate Women (CREW), Building Owners and Managers Association
(BOMA) – Inland Empire Chapter,
and Community Associations
Institute – Greater Inland Empire
Chapter. RPS is also a member of
Infragard and various Fusion
Centers to exchange information
on developing incidents and
emerging threat elements.
c) Previous Involvement with the City:
Redwood Private Security previously provided armed security services to the City of San
Bernardino at Carousel Mall. During our tenure at the mall, RPS also supported other Public Works
projects and the ASU Dorm Fire Watch services for Community Development. RPS provided
additional special event security for the City’s Parks and Recreation Department for the Christmas
in the Park event, as well as events at Seccombe Lake Park.
d) No Conflict of Interest:
Redwood Private Security and its owners and managers have no conflict of interest in providing
these security services to the City of San Bernardino.
Packet Pg. 729
Thursday, July 6, 2023
Response to RFP F-23-52 Page 30
12) CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in
accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.
By: ________________________
Jason Berckart
Chief Executive Officer
Packet Pg. 730
Thursday, July 6, 2023
Response to RFP F-23-52 Page 31
13) APPENDICES
Redwood Private Security has acknowledged all three (3) addendums shown on PlanetBids for this RFP.
Packet Pg. 731
EXHIBIT “A”
Scope of Work:
Introduction
The City of San Bernardino (“City”) is requesting proposals from qualified vendors to provide
armed and unarmed guard services. The city desires to enter into an agreement for professional
services with a qualified vendor who can demonstrate competency and experience in providing
guard services.
There is no expressed or implied obligation for the City to reimburse responding vendors for any
expenses incurred in preparing proposals in response to this request. The City reserves the
right to reject any or all proposals submitted.
Proposals will be evaluated by city staff. The City reserves the right, where it may serve the
City’s best interest, to request additional information or clarifications from vendors, or to allow
corrections of errors or omissions.
Terms: For purposes of this scope of services and any related documents, the following terms
are defined as:
Contract Manager – The City representative responsible for overseeing the contract
and ensuring the vendor services agreement is appropriately followed, including
answering questions, making changes, and mediating conflicts. This designation is
assigned to the Public Works Facilities and Fleet Division Manager. The Deputy Director
of Operations is assigned as the alternate contract manager.
Vendor – This refers to the security guard services contractor and any of their assigned
representatives.
General Description
The Vendor shall provide appropriately equipped and well-trained, certified, and/or licensed
security guards for the protection of the City’s employees, the public and the property, and shall
plan, schedule, coordinate, and ensure the effective performance of all services described
herein. Quality and experience of security guards and the services provided will be a critical
element of the contract, as written within this RFP and particularly in the following “Scope of
Services (Specifications)”.
The following are conditions and specifications covering security guard services at the
designated City locations. This scope of services is based on hourly rates and the results will be
deemed acceptable if they are able to provide guard services according to the outlined
specifications. The City reserves the right to increase or decrease the quantity of any item or
portion of the work or to omit portions of the work as may be deemed necessary or advisable by
the City. The Contract Manager may make such alterations or deviations, additions to, or
omissions from these specifications, as may be determined to be necessary and advisable for
City hours of operation and/or events. Such alterations or deviations, additions or omissions
shall in no way affect or make void the scope of services. If during the course of work the
Vendor experiences a conflict with the plans/scope of work, the Vendor shall notify the Contract
Manager before proceeding with said services.
Packet Pg. 732
Vendor Service Requirements
The Vendor must comply with all applicable federal, state, and local laws, rules, and
regulations, including but not limited to those regarding wages, and cover all rest and
meal periods to ensure continuous coverage.
Agree and ensure that security personnel fully perform their duties in accordance with
City imposed policies, procedures, and conditions for continued service at this account.
o Ensure that security personnel are fully aware of the political sensitivities that
exist in a municipal government.
Schedule security coverage for vacations, holidays, unscheduled absences, and/or other
unplanned occurrences. Any costs (including overtime) associated with scheduling
vacations, holidays, and absences are the responsibility of the Vendor. These costs
must be included in the billing rate.
Immediately transfer/remove security personnel from the account at the City’s request.
This includes the assigned Contract Manager representing the Vendor.
The Vendor shall provide standard uniforms to security personnel. This also includes a
visual depiction of uniforms as part of the proposal, including any overcoats, jackets, and
head gear.
The Vendor shall furnish all security personnel with communication equipment (radios,
cell phones, etc.).
The Vendor shall designate a Contract Manager who will ensure all work tasks are
performed by each security guard and staff to meet contract obligations and shall
coordinate all issues relating to this contract, staffing, performance, etc., and will be the
point of contact for the City. Vendor shall not replace the Contract Manager unless prior
written notice is given to and approved by the City.
The Vendor shall offer a patrol motoring system. Please refer to the “Reporting and
Notification” section for further system criteria.
The Vendor shall not be entitled to be paid or reimbursed by the City for any services or
any other labor, supervision, or material that is in excess of the Scope of Services.
The Vendor shall, at the firm’s expense, have all assigned guards complete the Vendor’s
established training program, and shall make evidence of such training available upon
request. In addition, the Vendor must provide a copy of their training plan/schedule along
with their bid.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
Acknowledged.
RPS can provide any additional services as requested by the City.
Packet Pg. 733
San Bernardino Municipal Code 9.90.010 Arrest – Citation
Pursuant to Sections 836.5, 853.5, and 853.6 of the California Penal Code, security
guard personnel as listed in each subsection herein are authorized and empowered to
arrest and issue notices to appear for violations of the provisions of the San Bernardino
Municipal Code as hereinafter set forth.
Security Guard Requirements
The Vendor’s employees’ appearance, personal hygiene, attitude, courtesy, and job
knowledge needs to present a favorable image. No smoking, reading unauthorized
material, eating, or grooming shall be permitted while guards are in public view.
No personal phone calls will be permitted, except in an emergency.
Security guards assigned to each facility shall always maintain strict client confidentiality.
Must be on time, report to work in a Class A uniform provided by the Vendor, well
groomed.
Always maintain a positive and professional attitude.
All security personnel are responsible for documenting their daily observations and any
security incidents in a formal report and provide electronic copies to the City. Further
criteria are noted in the “Reporting and Notification” section below.
Security guards are required to sweep buildings prior to open of business by checking
the public areas, restrooms, trash cans, and under benches to ensure that no one has
hidden a weapon in the facility overnight.
Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.
During each patrol, guards will check all exterior doors/facility structure and assure they
are locked and have not been tampered with.
Confirmation that the assigned patrols were performed using barcode scanning
checkpoints.
Ensure that security personnel remain awake and alert at all times. The vendor shall
take appropriate disciplinary action in the event a security officer is found asleep (or
appears to be asleep) while on duty.
Escort City staff to vehicles as requested. A dispatch number will need to be provided to
accommodate escort services upon award of contract services.
Must not be intimidated to approach an upset customer when City staff are talking to the
customer.
Deter unsolicited commotion.
Escort upset customer out of the building if needed.
When necessary, the proper police authority shall be summoned. Security personnel
shall always be cooperative with authorized emergency personnel, by providing
assistance, while not interfering in the performance of their duties.
Security guards shall be adequately trained and experienced in their specific duties, and
in addition, the use of all-purpose fire extinguishers, drug/narcotics identification, bomb
threat situations, the avoidance of violent situations, and be specifically trained for each
piece of security equipment carried or used.
Security guards must pass CPR and First Aid Training and remain certified to remain
compliant. Training is to be completed every two years.
All armed security guards require current POST PC 832 arrest and firearm certification,
or a valid Security Guard Registration (California Guard Card) of the California
Department of Consumer Affairs, Bureau of Collections and Investigations, and Firearm
Permit issued by the Bureau of Security and Investigative Services (BSIS).
Packet Pg. 734
All unarmed security guards shall meet the requirements, including a valid Security
Guard Registration (California Guard Card) of the California State Department of
Consumer Affairs, Bureau of Collections, and Investigations.
Reporting and Notification
Security guards shall log and report daily regarding all serious incidents to the Public
Works Facilities and Fleet Division Manager.
o Items to be documented include, but not limited to, suspicious person, security
breaches, system failures, facility maintenance issues, safety hazards, any bomb
threats, criminal activity, or incidents that occur to any member of the public.
o These forms should be used to document any damages, such as graffiti or
vandalism, noted at any of the city facilities.
o Ensure that security personnel document any security incidents on incident
report forms and provide electronic copies to the city.
On a monthly basis, the Vendor will provide a signed and dated work task/frequency
sheet verifying all work performed at all locations.
o A monthly work report shall be signed and dated confirming that the work was
accomplished.
The Vendor must have a patrol monitoring system in place to allow security guards to
scan assigned QR-Code checkpoints located at City entrances, doors, window frames,
etc.
o The function is to be used on regular patrol and at special events for tracking to
generate real time reports.
o Guard tours are monitored by the Vendor and City management remotely and
sent by email to ensure required patrols are being conducted.
Customer Service and After-Hours Notification
o The Vendor is required to have a dedicated after-hours notification line monitored
and answered by an employee that can dispatch crews should an after-hour
emergency or urgent issue occur.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
Acknowledged.
RPS agrees to meet all minimum standards and will provideadditional profesional development training to our employees.
Packet Pg. 735
Hours of Operation
Work hours vary by department and times are subject to change at any time. The
Vendor will be notified by the Facilities and Fleet Division Manager of any changes to
department hours, or any adjustments needed to be made to the existing schedule prior
to implementation.
Requests from the Public
The Vendor and its representatives are prohibited from taking direct requests from any
residents, park patrons, City staff (not affiliated with the Facilities Maintenance Work
Section of the Public Works Department), or any other organizations. The Vendor will
make every effort to politely inform the requesting individual or party to contact the
Public Works Department, City’s Public Information Officer (PIO), or the San Bernardino
Help Line at 909-384-7272.
Requests from the Media
The Vendor and its representatives should not speak to the media on the Department’s
behalf without approval. All media inquiries should be directed to the Public Works
Department, the City’s Public Information Officer (PIO), or the San Bernardino Help Line
at 909-384-7272.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
Acknowledged.
RPS agrees to comply with the above items.
Packet Pg. 736
LOCATIONS AND AREAS OF SERVICE
For a full description and illustration of areas requiring patrol and/or security checks and
illustrated location maps, please see below:
Front Desk Security Services
City Hall Campus
Concierge/front desk security guards provide both security and hospitality services and are
responsible for delivering a high level of customer service and providing protection for the
occupants of the building.
Note: Monday through Friday schedules exclude holidays that are observed by the city.
San Bernardino Public Libraries
Concierge/front desk security guards provide both security and hospitality services and are
responsible for delivering a high level of customer service and providing protection for the
occupants of the building.
Location Number of
Guards
Day(s) Hours
Norman F. Feldheym Library
555 W. 6th Street
Two (2) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Location Number of Guards Day(s) Hours
Vanir Tower
290 N. D Street, 1st
Floor Lobby
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. A
(South)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. B
3rd Floor (North)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
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Paul Villasenor Library
525 N. Mt. Vernon Ave.
One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Howard M. Rowe Library
108 E. Marshall Blvd.
One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall
cover all rest and meal periods. Libraries closed on Fridays and Sundays.
Security Guard Patrol Services
City Hall Campus Patrol
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol during
swing and graveyard shifts:
Location Day(s) Hours Additional Duties
City Hall Campus (map
included in Exhibit A)
One (1) armed
security in uniform;
totaling three (3)
rover armed guards
per day
Monday through
Sunday, 24 hours
per day
Three 8-hour shifts per
day. Escort services shall
be available from the
hours 4:00pm – 8:00pm.
Patrol areas include City
Hall parking structure,
parking lot, and building
exterior.
Packet Pg. 738
City Parks Patrol
Two (2) armed security guards in uniform in a clearly marked security vehicle to patrol:
Location Day(s) Hours Additional Duties
Bryce Haynes Park
900 N. E Street
Monday through
Sunday
6:00pm – 5:00am Facility and parking lot to be
checked by Park Patrol.
Clear parking lot and lock
outer gate and inner
gates/barriers by 10:00pm.
Meadowbrook Park
250 N. Sierra Way
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Wildwood Park
536 E. 40th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Blair Park
1466 W. Marshall Blvd.
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Perris Hill Park
1135 E. Highland Ave.
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.
Pioneer Cemetery
211 E. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot and lock
the inner gates/barriers and
outer 7th Street gate by
10:00pm.
Delmann Heights Park
2969 Flores Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Norton Recreation
Center
1554 E. Townsend Drive
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Encanto Park
1180 W. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Nicholson Park
2750 W. 2nd Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.
Seccombe Park and
Lake
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers from October
Packet Pg. 739
160 E. 5th Street – March (winter hours) by
6:00pm. Lock outer gate
from April – September
(summer hours) by 8:00pm.
Note: Summer and Winter hours
Vacant or Occupied City Buildings Patrol
Two (2) armed security guard in uniform in a clearly marked security vehicle to patrol:
Location Day(s) Hours Description of Duties
Carousel Mall
295 Carousel Mall
Monday through
Sunday
10:00pm – 6:00am (8-
hours per day)
Patrol City owned buildings,
parking lots, and plazas in
clearly marked security
vehicle. Guards shall also
patrol on foot to check City
buildings that have exterior
doors, windows, and any
points of entry to assure that
they are locked and have not
been tampered with.
The Carousel Mall property
includes the parking
structure and all parking
areas surrounding the Mall.
Old Woolworth Building
396 N. E Street
Convention Center
301 N. E Street
512 W. 5th Street
Church Street/D Street
Church Street/Vale Street
Sturges Center for
Performing Arts
780 N. E Street
School of Hope
796 E. 6th Street
400 block N. F Street (west
side of street)
400 block N. D Street (west
side of street)
402 N. D Street (Law Library)
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Security Guard Roving Services
City Yard Rover
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and
conduct rover scans:
Location Day(s) Hours Additional
Duties/Checkpoint
Locations
San Bernardino City Yard
234 S. Mountain View Ave.
One (1) armed
guard with
vehicle
Monday through
Sunday, 9:00pm
– 5:00am
Roving and patrolling of
yard. There are three
entrance gates that should
be scanned once an hour.
City Building Rover (Swing and Graveyard)
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and
conduct rover scans Monday through Sunday, from 10:00pm – 6:00am:
Location Additional Duties/Checkpoint Locations
Vanir Tower
290 N. D Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at: 1) Employee entrance and 2) “D” Street
door frame.
201 N. E Street, Bldg. A
(South)
Facility area to be checked by Patrol. Scanning checkpoint
located at entrance of Building #A window frame.
California Theatre
562 W. 4th Street
Facility and surrounding parking lot to be checked by Patrol.
Scanning checkpoint located at front entrance ticket booth.
Animal Services
333 Chandler Pl.
Gates (2) to be checked twice a night by Patrol. Scanning
checkpoint located on side door frame.
Norman F. Feldheym
Library
555 W. 6th Street
Gates to be checked twice a night by Patrol. Scanning
checkpoint located at library drop box.
Rudy C. Hernandez
Community Center
222 N. Lugo Ave.
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at: 1) Employee entrance and 2) “D” Street
door frame.
5th Street Community
Center
600 W. 5th Street
Facility and parking lot on north side to be checked by Patrol.
Checkpoint located at rear meter of the building.
Packet Pg. 741
Paul Villasenor Library
525 N. Mt Vernon Ave.
Facility and surrounding parking lot to be checked by Patrol.
Scanning checkpoint located on outside perimeter of entrance.
Lytle Creek Community
Center
380 S. K Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located in parking lot on blue sign.
Regal Cinema
450 N. E Street
Facility and parking lot to be checked by Patrol, including
parking lots to the south, west and north side of the theater.
Scanning checkpoint located at loading dock door.
Court Street Square
349 N. E Street
Facility and parking lot to be checked by Patrol. Scanning
checkpoint located at 1) Court Square gate and 2) “E” Street
end of bridge.
Note: Vendor shall cover all rest and meal periods.
Rover Money Pick-up and Drop-Off Services
City Building Rover
One (1) armed security guard with a clearly marked security vehicle to pick-up and drop-off
security bags at the following locations:
Location Day(s) Hours Description of
Duties/Notes
Animal Services
333 Chandler Place
Monday through
Thursday
Route begins at
8:45am
Pick-up at Animal Shelter
Front Rail.
Police Department
710 N. D Street
Traffic Division
Window (1st Floor)
Finance Department
(2nd Floor)
Monday through
Thursday
Approximately
9:15am – 9:45am
Two (2) pick-ups: First
floor Traffic Division and
second floor Finance
Department (call for pick-
up using the phone on the
wall).
Vanir Tower – Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by
10:00am
Drop-off security bags
from Animal Services and
Police Department.
City Clerk, Business
Registration, and Parks &
Recreation Departments
201 N. E Street, Bldg. A
Monday through
Thursday
Approximately
10:15am –
11:15am
Pick-up at three (3)
departments. Business
Registration closed for
lunch from 1:30-2:30pm.
When picking up at the
Packet Pg. 742
(South) Parks & Recreation
Department, ring doorbell.
Community and Economic
Development
201 N. E Street, Bldg. B (3rd
Floor)
Monday through
Thursday
Approximately
11:30am –
2:00pm
For Community
Development, pick-up
from Licensing. For Public
Works, pick-up from
Accounting Assistant.
Public Works
201 N. E Street, Bldg. B, 2nd
Floor (North)
Norman F. Feldheym
Library
555 W. 6th Street
Wednesdays
only
Approximate pick-
up time is
1:00pm, but may
vary
Pick-up at Feldheym
Library, which will include
other library branches
security bags.
Vanir Tower - Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by 2:00 -
3:00pm
Final drop-off.
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall
cover all rest and meal periods.
Special Events
The city may request security services for City events which will be outside of the scope listed
above. Vendor is to ensure all scope of services are covered and there are no service
interruptions due to special event. The city will provide a special event purchase order outside of
scope of service. At the established hourly rate defined in this Cost Proposal Form.
Vendor will train staff as assigned to the service area or special event in accordance with the
expectations set forth by the City.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
Acknowledged.
RPS has a staffing plan to ensure all posts are staffed, including during rest andmeal breaks as indicated on the schedules. RPS will make suggestions to the City of scheduling chnages that may benefit the City's operations.
Packet Pg. 743
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:October 18, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Mary Lanier, Interim Director of Community, Housing, and
Economic Development;
Cassandra Searcy, Deputy Director of Housing and
Homelessness
Department:Community, Housing, and Economic Development (CED)
Subject:Pathways to Removing Obstacles to Housing (PRO
Housing) Grant Application
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways
to Removing Obstacles to Housing (PRO Housing) grant application to the
Department of Housing and Urban Development (HUD); and
2. Authorize the City Manager, or designee, to take necessary steps to effectuate
the submittal of the proposed Pathways to Removing Obstacles to Housing
(PRO Housing) grant application, and related documents, to the Department of
Housing and Urban Development (HUD).
Executive Summary
Staff requests to conduct a Public Hearing to provide the public an opportunity to
comment on the proposed draft application for the Pathways to Removing Obstacles
to Housing (Pro Housing) grant to the Department of Housing and Urban Development
(HUD). The grant guidelines require applicants to publish their PRO Housing
application with reasonable notice (minimum of 15 days) for public comment, at least
one public hearing, and ongoing public access to information about the use of grant
funds. If awarded, the City will serve as lead entity and fiscal agent, with the Housing
Authority of the County of San Bernardino (HACSB) as the sub-recipient for the
Arrowhead Grove project to develop affordable housing.
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Background
On September 7, 2023, HUD issued a Notice of Funding Opportunity (NOFO) under
the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328,
approved December 29, 2022) (Appropriations Act), which appropriates $85 million for
competitive grant funding for the identification and removal of barriers to affordable
housing production and preservation. Congress has directed HUD to undertake a
competitive process using the Community Development Block Grant (CDBG) statutory
and regulatory framework.
Eligible applicants include local governments, and funds may be used for the following:
•To further develop, evaluate, and implement housing policy plans;
•Improve housing strategies;
•Facilitate affordable housing production and preservation; and
•Respond to an acute demand for housing affordable to households with
incomes below 100 percent of the area median income.
The City notified the public via published postings in the San Bernardino Sun (English)
on October 3, 2023, and El Chicano (Spanish) on October 5, 2023, for feedback and
comments on the draft application, available for review on the City’s website for a 15-
day period. Feedback from the public will be assessed and incorporated into the
execution of the grant, if awarded. The deadline to submit a final draft of the grant
application is October 30, 2023.
Discussion
Affordable housing is scarce in California and the City of San Bernardino is no
exception. Historically, the City of San Bernardino has faced overwhelming housing
and homelessness challenges, further impacted by the current cost-to-income ratio of
12.9, where buying a home requires nearly thirteen times the median household
income. Obtaining the PRO Housing grant funds will assist the City in alleviating
obstacles to housing.
The City’s 2023-2024 Annual Action Plan to HUD addresses the demand for housing
with the following goals:
•Fair Housing
•Expand Homeownership Opportunities
•New Affordable Housing Construction or Rehabilitation
•Improve Facilities and Infrastructure
To realize these goals, the City leans into well-established partnerships that assist in
expanding the affordable housing inventory through new construction or
redevelopment. In particular, the partnership with the Housing Authority of the County
of San Bernardino (HACSB) has been instrumental in developing several affordable
housing projects throughout the City: Valencia Vista (Phase 1: 76 units completed in
2016), Olive Meadow (Phase 2: 62 units completed in 2017), and Crestview Terrance
(Phase 3: 184 units completed in 2021). Currently, HACSB is developing Phase 4:
Packet Pg. 745
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Arrowhead Grove, a 92-unit mixed-use, mixed-income project with an on-site
Community Center where healthcare providers and other community-based services
will be accessible to residents and the surrounding community.
Staff recommends approval for the City to apply to HUD for the PRO Housing grant as
the lead entity and fiscal agent, with the HACSB as the sub-recipient for the Arrowhead
Grove project. The requested amount in grant funds is approximately $5.3 million,
which is inclusive of administrative costs and project expenditures. The Arrowhead
Grove housing units will be designed to adhere to accessibility standards of the
Americans with Disabilities Act, ensuring that individuals with disabilities can live
comfortably and safely. In the face of a growing affordable housing crisis, Arrowhead
Grove will help ensure adequate housing for all residents, irrespective of their economic
standing.
This proposal aligns with California’s Housing Element Law, which mandates local
governments to adequately plan for the housing needs of everyone in their community.
By developing the current Housing Element plan, the city must adopt an expedited
compliant housing plan by February 7, 2024, and adjust the local density bonus
ordinance to encourage projects to incorporate affordable dwelling units. Additionally,
the City agreed to increase housing construction under the provisions of the Housing
Element Law.
This effort also delivers a focused approach toward mitigating the housing challenges
prevalent in the city and moves to create an equitable and sustainable urban living
environment to positively impact one of the most disadvantaged communities in the
state.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target No. 3: Improved Quality of Life by reducing barriers
to affordable housing that includes creating units for low-income residents.
Fiscal Impact
There is no fiscal impact to the General Fund associated with this report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways
to Removing Obstacles to Housing (PRO Housing) grant application to the
Department of Housing and Urban Development (HUD); and
2. Authorize the City Manager, or designee, to take necessary steps to effectuate
the submittal of the proposed Pathways to Removing Obstacles to Housing
(PRO Housing) grant application, and related documents, to the Department of
Housing and Urban Development (HUD).
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Attachments
Attachment 1 – DRAFT PRO Housing Grant Application 10.3.23
Ward:
Ward 1
Synopsis of Previous Council Actions:
No previous Council actions.
Packet Pg. 747
Arrowhead Grove Inclusive Redevelopment
Project Requested Funding: $5,269,640
Packet Pg. 748
Table of Contents
Exhibit A:Executive Summary.......................................................................................................2
Exhibit B:Threshold Requirements.................................................................................................3
Public Participation....................................................................................................................4
Environmental Review...............................................................................................................4
Code of Conduct........................................................................................................................4
Civil Rights Law Compliance....................................................................................................4
Exhibit C:Need................................................................................................................................5
Addressing Barriers to Affordable Housing Production and Preservation................................5
Acute Demand for Affordable Housing.....................................................................................7
Key Barriers...............................................................................................................................9
Exhibit D:Soundness of Approach................................................................................................10
Project Vision...........................................................................................................................10
Community Resources.......................................................................................................13
Geographic Location..........................................................................................................14
Stakeholder Engagement.........................................................................................................15
Affirmatively Furthering Fair Housing....................................................................................17
Budget and Timeline................................................................................................................26
Exhibit E:Capacity........................................................................................................................27
Exhibit F:Leverage........................................................................................................................33
Exhibit G:Long-Term Effect.........................................................................................................33
Page 1
Packet Pg. 749
Exhibit A:Executive Summary
The City of San Bernardino,situated in southern California’s Inland Empire region,is nestled in
a valley surrounded by the San Bernardino Mountains to the north and the San Gabriel
Mountains to the west.Its location along the historic Route 66 and proximity to major intrastate
and interstate corridors,such as the I-10 and I-215,make San Bernardino a pivotal transportation
hub for a region with booming warehousing and logistics sectors.The city’s population is highly
diverse.According to the U.S.Census Bureau,67.6%of residents are identified as Hispanic or
Latino,12.5%are Black or African American,13.7%are Non-Hispanic White,10.8%are
Multiracial,and 3.9%are Asian.
The Inland Empire region (San Bernardino and Riverside Counties)has long been characterized
by opportunity and prosperity deficits.An estimated 20.9%of San Bernardino residents live at or
below the Federal Poverty Line.The city’s per capita income is $20,812 annually,55.3%of the
national average and 50.4%of the statewide average.Only 43%of San Bernardino residents
have graduated high school,a barrier to employment that contributes to the city’s unemployment
rate of approximately 9%.
The housing scenario in the City of San Bernardino reveals a stark affordability issue for its
residents.A crucial metric underlining this challenge is the 12.9 housing cost-to-income ratio.
This ratio is developed by comparing the median housing price of $440,000,as reported by
Redfin,to the median household income of $33,851 from the 2021 American Community
Survey Data,revealing that purchasing a median-priced home in San Bernardino would cost
nearly thirteen times the median household income.This points to the considerable skew of 67%
of households renting within the Project Area.The City’s 2020-2025 Consolidated Plan reveals
that low-income households experience a significantly higher burden by housing issues such as
substandard housing conditions,severe overcrowding,and severe cost burden.Furthermore,the
City’s extremely low-income households,where 42%are small families of four members or less,
further stress the need for smaller,one-,two-,or three-bedroom affordable housing units.
Since 2016,the Housing Authority of the County of San Bernardino (HACSB)has worked
diligently to advance the Arrowhead Grove Inclusive Redevelopment Project.At full
buildout,Arrowhead Grove (formerly known as Waterman Gardens)will convert a 252-unit,
40-acre public housing site into a vibrant,mixed-use,mixed-income,sustainable community
with 534 new units of housing,commercial space,an onsite Head Start program,and a new
Community Center.The proposed Arrowhead Grove project is within HUD Qualified Census
Tract (QCT),6071006401,and is surrounded by QCT census tracts.This designation is
supported by the high percentage of low-income households and difficult development
conditions,including high land and construction costs relative to the area’s median income.
Three phases of the project have already been completed,producing 332 units of housing.The
vision for Phase IV of Arrowhead Grove,when fully implemented in collaboration with the
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Housing Authority of the County of San Bernardino (HACSB),will develop 92 new affordable
units targeting income levels at 80%of the Area Median Income (AMI)and below.It will
include a new on-site Community Center to provide healthcare and supportive services to project
site residents and the surrounding community.In doing so,this project will address HUD’s
Strategic Plan goals to support underserved communities,advance housing justice,reduce
homelessness,invest in the success of communities,increase production of affordable housing,
and advance sustainable communities.
The City of San Bernardino,in partnership with HACSB,requests $5,269,640 in funding from
HUD’s PRO Housing grant program to support the completion of Arrowhead Grove Phase IV.
Figure 1.Project Location Map
Exhibit B:Threshold Requirements
●Identify which type of eligible applicant you are representing.
This application has been submitted by the municipal government of the City of San Bernardino,
which is an eligible entity as defined on Page 12 of the PRO Housing grant NOFO.
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Public Participation
●Explain how the applicant fulfilled the PRO Housing grant’s public participation
requirements.Provide additional information regarding how this public participation
process accommodates individuals with limited english proficiencies and/or disabilities.
The City of San Bernardino solicited public participation and feedback on the application in
threshold languages in English and Spanish.Notices were published in the San Bernardino Sun
(October 3,2023)and El Chicano newspapers (October 5,2023)and the application was posted
on the City website:https://www.sbcity.org/where feedback was collected.A public hearing was
conducted at a regularly scheduled Mayor and City Council in-person meeting held on October
18,2023.The meeting provided Spanish translation and accommodations for individuals with
disabilities.Feedback received from the public was assessed and incorporated as applicable into
the final draft of the grant application prior to submission.
Environmental Review
●Demonstrate that the proposed project will comply with all applicable environmental
requirements set forth in HUD’s regulations at 24 CFR parts 50 and 58,which
implement the policies of the National Environmental Protection Act (NEPA)and
other environmental requirements.
HACSB has initiated the NEPA review process for Phase IV of the Arrowhead Grove
development.NEPA clearance is expected to be completed by the end of October 2023.The
proposed project will comply with all requirements outlined in HUD’s regulations related to
environmental review.
Code of Conduct
●Demonstrate compliance from the applicant and any subrecipients with HUD’s
“Conducting Business in Accordance with Ethical Standards”requirements.
The City of San Bernardino will demonstrate compliance with an updated Code of Conduct in
accordance with HUD’s “Conducting Business in Accordance with Ethical Standards”
requirements and request an updated posting to the HUD E-Library before the application
submission deadline.The Housing Authority of the County of San Bernardino (HACSB)has a
compliant Code of Conduct posted on HUD’s E-Library.Copies of the City’s and HACSB’s
Code of Conduct are attached to the application.
Civil Rights Law Compliance
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●Are there any outstanding civil rights matters that the applicant is a party to?This can
include charges from HUD concerning a systemic violation of the Fair Housing Act;
status as a defendant in a Fair Housing Act lawsuit;status as a defendant in any other
lawsuit filed or joined by the Department of Justice,or filed an amicus brief or
statement of interest,alleging a pattern or practice of systemic violation of Title VI of
the Civil Rights Act;receipt of a letter of findings identifying systemic non-compliance
with Title VI of the Civil Rights Act;or receipt of a cause determination from a
substantially equivalent state or local fair housing agency concerning a systemic
violation of provision of a state or local law prohibit discrimination in housing.If there
are none,please state as such in the proposal narrative.
The City of San Bernardino currently is not party to any outstanding civil rights matters.
Exhibit C:Need
Addressing Barriers to Affordable Housing Production and Preservation
●Describe your efforts so far to identify,address,mitigate,or remove barriers to
affordable housing production and preservation.Please address the timeframe for
these efforts;how these efforts were adopted,established,or otherwise made
permanent;and the measurable impact thus far.Be sure to describe recent policy
changes or community planning strategies that you have adopted to increase housing
production for low-and moderate-income populations,as well as recent initiatives to
preserve affordability,increase access to affordable accessible housing in high
opportunity areas,and invest in underserved communities.HUD will rate applicants
more highly if they demonstrate that they have successfully taken actions to remove
local barriers to increasing affordable housing production and preservation.
In the face of a growing affordable housing crisis,cities across the United States have been
grappling with the formidable challenge of ensuring adequate housing for all residents,
irrespective of their economic standing.Historically,the city of San Bernardino has faced
daunting housing and homelessness challenges,exacerbated by a high poverty rate and paucity
of affordable housing options.
A glaring indicator of the housing affordability challenge is the project area’s housing
cost-to-income ratio of 12.9,revealing a daunting scenario where acquiring a median-priced
home in San Bernardino would entail nearly thirteen times the median household income.This
alarming metric has led to upwards of 67%of households reporting to renting with home
ownership increasingly out of reach.Low-income and extremely low-income households bear a
significantly higher housing burden,including substandard housing conditions,severe
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overcrowding,and severe cost burden.Despite overcrowding and multiple families sharing a
single residence,nearly 27%of income is spent on housing,according to the U.S.Department of
Transportation’s Equitable Transportation Community (ETC)Explorer tool.As a county,San
Bernardino has seen upwards of a 25%increase in their 2023 Point in Time count compared to
2022.
A microcosm of this nationwide issue,San Bernardino has taken significant strides from 2021 to
2023 to address barriers to affordable housing production and preservation to better the living
conditions of its low-and moderate-income residents.Integrating the 2021-2029 Housing
Element into the city’s General Plan has been a pivotal step.This action aligns with California’s
Housing Element Law,which mandates local governments to adequately plan for the housing
needs of everyone in their community.On August 29,2023,Governor Gavin Newsom and
Attorney General Rob Bonta reached a settlement with the city regarding its compliance with the
Housing Element Law.Under this settlement,the city is required to adopt an expedited
compliant housing plan by February 7,2024,modernize its zoning code by April 17,2024,
amend the emergency shelter ordinance to ease the permitting process for new homeless shelters,
and adjust the local density bonus ordinance to encourage projects to incorporate affordable
dwelling units.Additionally,the city agreed to increase housing construction under the
provisions of the Housing Element Law.
Significant efforts have been recently undertaken to combat homelessness with the Declaration
of a Homeless State of Emergency in February 2023.This Declaration outlines a two-pronged
strategy to address homelessness in the community by:1)creating a dedicated Homeless
Outreach Team and 2)aggressively pursuing the construction of a new Homeless Navigation
Center,which will create 200 new beds at a low-barrier,non-congregate facility.The Homeless
Outreach Team was formally launched in June 2023 in partnership with Hope the Mission.
Additionally,the City recently approved a new contract with a local hotel operator to provide
125 rooms for interim housing.While these actions will greatly enhance the city’s responsibility
to respond to the local homelessness crisis,there is a noted lack of affordable housing stock to
serve San Bernardino’s population sufficiently.
Additionally,on April 5,2023,the San Bernardino Council of Governments (SBCOG)Board of
Directors authorized staff to begin the process of establishing the San Bernardino Regional
Housing Trust (SBRHT),including the establishment of a new Joint Powers Authority (JPA).
The SBRHT is initiated as a concerted effort to pool resources to support the creation of
affordable housing.In 2022,SBCOG collaborated with a Technical Advisory Committee to
conduct research,analysis,and outreach to inform the structure,strategic plan,and white paper
for the SBRHT.Currently,SBCOG staff is set to begin working with a Housing Trust Ad Hoc
Committee to develop recommendations regarding policy decisions for the SBRHT,offering the
opportunity for the City to join the regional housing trust fund JPA by adopting a resolution at
the local level.
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In May 2023,Representative Pete Agular announced $4 million in federal funds secured to
support sustainable affordable housing and supportive services in San Bernardino.Allocations of
note include $1 million for the Sustainable Communities Catalyst Project to transform vacant
lots into energy-efficient homes for low-to-moderate-income families and $3 million for
establishing the Community Resource Center at the Arrowhead Grove housing site to enhance
access to essential supportive services for residents.
These endeavors elucidate a focused approach toward mitigating the housing challenges
prevalent in the city.As these initiatives continue to mature and evolve,significant impacts will
be made in one of the most disadvantaged communities in the state -ultimately contributing to a
more equitable and sustainable urban living environment.
Acute Demand for Affordable Housing
●Do you have acute demand for affordable housing?What are your remaining
affordable housing needs and how do you know?
The City of San Bernardino faces an acute demand for affordable housing,a crisis mirrored in
the numbers and further reinforced by state mandates to tackle housing issues.The glaring
realities of this need are rooted in the significant affordability gap the city’s residents face.The
housing cost burden is vital to ascertain the extent of housing affordability challenges.According
to the City’s 2020-2025 Consolidated Plan,the housing cost burden is the most pronounced
housing issue confronted by both renters and homeowners in San Bernardino.A disconcerting
20%of the 57,580 households in the city grapple with a severe cost burden,allocating more than
half of their monthly earnings towards housing expenses.Another 16%of these households
dedicate over 30%of their monthly earnings to housing costs.
To contextualize this demand,the California Regional Housing Needs Assessment (RHNA),a
state-mandated process,determines the volume of housing that each local government should
plan for in their adopted housing elements.This process ensures that every city shoulders the
onus of addressing the extant housing needs of its populace and its proportionate share of
projected growth.In San Bernardino,the Southern California Association of Governments
(SCAG)allocated 8,123 housing units for the 6th RHNA cycle spanning 2021-2029.
Significantly,out of these units,2,512 units,which constitute approximately 31%of the total
allocation,are intended to be affordable for low-income residents,those earning 80%or below
the Area Median Income.
While the city has been assigned a clear quantitative goal for affordable housing provision,the
tangible demand reflects a substantial need,informed by the housing cost burden experienced by
a significant portion of the city’s households.These housing demands echo low-and
moderate-income families'hardships,desperately needing an intervention to alleviate the
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prevailing housing cost burdens.The high housing cost-to-income ratio discussed earlier further
supports the city’s exigent need for affordable housing solutions.
●Does the proposal address a priority geography that has an affordable housing need as
identified by one of three HUD metrics:Housing Affordability,Housing Problems,and
Offpace Affordable Housing Development.
The City of San Bernardino has been identified as a priority geography under the PRO Housing
program’s Housing Problems Factor (HPF).The table below illustrates that the HPF for San
Bernardino exceeds the national threshold,emphasizing the local severity of housing issues
compared to national standards.
San Bernardino HPF HPF National Threshold HPF State Threshold
0.448263 0.428937 0.588235
●Provide local knowledge that is not already captured by HUD’s measures.Topics that
may indicate acute demand for affordable housing include displacement pressures,
housing stock condition,age of housing stock,homelessness,ratio of median home
price to area median income,and more.
The housing scenario in San Bernardino illustrates a multi-dimensional crisis characterized by
displacement pressures,subpar housing stock condition,aging infrastructure,escalating
homelessness,and a conspicuous disparity between median home prices and area median
income.Referenced in the City’s 2020-2025 Consolidated Action Plan,each of these facets
accentuates the city’s grappling issue of the urgent demand for affordable housing.
The sparse availability of affordable housing for Low and Middle-Income (LMI)households,
particularly those with extremely low and very low incomes,incubates the reality of resident
displacement pressures.The incidence of individuals and families resorting to substandard living
conditions be coerced into relocation increases when housing affordability is lacking.These
predicaments embody the displacement pressures engendered by the city’s housing affordability
crisis.The City's 2020-2025 Consolidated Action Plan highlights a pressing need for the
rehabilitation of the existing housing stock as much of the existing housing infrastructure does
not meet the requisite standards.The rehabilitation need echoes the deterioration and aging of the
current housing stock,marking a dire need.San Bernardino holds a severely aging housing stock
where the highest share of San Bernardino’s housing units was built in 1950 –1959,while
surrounding regions of Southern California were built during 1970 -1979 than any other period.
The aging housing stock dovetails with escalating maintenance costs,accessibility issues,or
efficiency standards,thereby adding to the situation.
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The city faces a palpable threat of a continued uptick in homelessness among extremely
low-income households and those subsisting below the poverty threshold.Housing tribulations
such as cost burden,overcrowding,and deteriorating housing conditions are identified in the
Plan as precursors to homelessness.In San Bernardino,2,853 owner-occupied and 6,270
renter-occupied households had more than 1.0 occupants per room,which meets the ACS
definition for overcrowding.724 owner-occupied households and 2,142 renter-occupied
households had more than 1.5 occupants per room,which meets the ACS definition for severe
overcrowding.This linkage underscores a domino effect where the deficiency in affordable
housing escalates the risk of homelessness.
Additionally,an alarming discord is unveiled between the median home prices and the area
median income,as highlighted in the Plan.Despite the city's median income trailing the national
average by approximately $16,000,the cost of living exhibits an upward trend.When the median
home price vastly exceeds the reach of a median-income household,it's a clear sign of a housing
market that's out of reach for many residents.The reported ratio of 12.9,where the median home
price is nearly thirteen times the median household income in the project area,vividly highlights
the gravity of affordability issues the city faces.
Collectively,these elements sketch a poignant picture of the housing challenges that San
Bernardino confronts.The synergy of affordable housing scarcity,decrepit and aging housing
stock,coupled with the looming menace of exacerbated homelessness,aggravates the demand
for affordable housing.
Key Barriers
●What key barriers still exist and need to be addressed to produce and preserve more
affordable and accessible housing?Please describe in detail the leading barriers to
affordable housing production and preservation in your jurisdiction(s).A complete
response will identify why the identified barriers are key barriers.
Barriers to producing and preserving affordable housing in San Bernardino are multifaceted and
deeply rooted in historical,financial,and legislative challenges that have persisted over the
years.As emphasized in the settlement between California and the City of San Bernardino,local
regulations,particularly the city’s zoning code,have historically inhibited housing production.
Restrictive local zoning codes and land use policies stifle housing development,especially for
affordable housing projects -typically leading to higher densities or requiring specific land use
types to be economically viable.The city’s compliant housing element will help mitigate these
historical barriers to ensure appropriately zoned land is available to meet housing production
targets set by the RHNA.
The escalating construction costs,amplified by inflation,have made the financial landscape for
affordable housing increasingly precarious.Though financing mechanisms exist,developing a
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successful capital stack requires braiding multiple funding sources -federal programs like NSP
and HOME,state discretionary funding,low-income tax credits,private loans,and other streams
where the demand for these resources vastly exceeds their availability.This imbalance has
caused housing projects to stall in San Bernardino due to inadequate funding.
The fiscal challenges faced by the city have had profound implications for its ability to address
housing shortages.The bankruptcy declaration in 2012,resulting from a $55 million deficit and a
debt exceeding $1 billion,severely restricted the city’s fiscal maneuverability.In 2017,the city
was able to resume payments on debt obligations;however,the tough decisions made
post-bankruptcy,including the outsourcing of fire services that continue to substantially consume
the city’s property tax revenues,further diminish its financial capability.Emerging from this
bankruptcy only in 2022,the city,which has historically been understaffed,finds it challenging
to proactively address its burgeoning affordable housing problem.
Despite budding efforts,a gaping void remains in the capital needed to jump-start and sustain
affordable housing projects.The amalgamation of restrictive zoning practices,the intricate and
competitive financing landscape,the city’s recent fiscal adversity,and the scarcity of local
resources collectively form a formidable barrier to affordable housing in San Bernardino.
Exhibit D:Soundness of Approach
Project Vision
●Describe your proposed activities and why they are appropriate,given identified Need
and applicant Capacity.
The proposed activities of the Arrowhead Grove project are developed from a well-documented
need for affordable housing in San Bernardino,underscored by fiscal challenges hindering
housing production.The essence of the project lies in its phased development,focusing on
increasing the housing stock that will help boost the community it serves.
The chief objective is the incorporation of 92 new affordable housing units under Phase IV,with
an additional 120-unit mixed-use development in the planning pipeline within the same project
area.This comes on the heels of successful completion of earlier phases,which have
cumulatively added 322 housing units.Unlike other endeavors,the steadfast progress of
Arrowhead Grove exemplifies the effectiveness of the operational capacity and collaborative
framework between the City,County,and the Housing Authority of the County of San
Bernardino (HACSB)
Over the past seven years,the HACSB has diligently worked toward the Arrowhead Grove
Inclusive Redevelopment Project,which is spun out of the redevelopment of the former public
housing site,Waterman Gardens.The focus on Phase IV resonates with the need for funding
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support,an aspect that has historically hindered housing projects in the region,exacerbated by
the COVID-19 pandemic and the ensuing period of prolonged inflation.The Arrowhead Grove
project’s momentum,even amidst external adversities,is demonstrative of a resilient and capable
administrative framework.Additionally,the synergistic relationship among the key stakeholders
showcases a matured operational capacity to navigate through financial,regulatory,and logistical
barriers,ready to deploy the proposed activities effectively.
Figure 2.Site Development Map
The project’s phased strategy,coupled with diversified development encompassing mixed-use
structures and community centers,responds adeptly to the identified housing need and
committed operational capacity.Implementing a Community Center within the project will
provide a hub for community interaction,education,and service provision.This project’s
continued progress will help to address the community’s affordable housing shortage by creating
new units serving residents at 80%of the average Area Median Income (AMI)or below.
●How will your proposal address key barriers to affordable housing production and
preservation identified in the Need section?
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The Arrowhead Grove project takes a strategic approach to navigate the key barriers to
affordable housing production and preservation identified in San Bernardino.One of the primary
obstacles has been the lack of financing for affordable housing projects.An awarded proposal
circumnavigates the funding hurdle and enables the development of Phase IV by adding 92 new
affordable housing units.
Additionally,the project’s strategic focus on creating a high-opportunity area within the
underserved community addresses the broader socio-economic barriers impeding housing
accessibility.Integrating essential community infrastructure such as the on-site Community
Center contributes to an enriched living environment and expanded opportunities for the
residents.Moreover,the phased approach to development forges a pragmatic strategy to sustain
housing production amidst financial uncertainties.Each completed phase brings new affordable
housing units to fruition and progressively demonstrates the potential for overcoming the
multifaceted financial hurdles that have historically stalled housing projects in the city.
The city’s proactive engagement to address restrictive housing development policies paves the
way for a better alignment with the Regional Housing Needs Assessment (RHNA)targets,
relieving the historically regulatory inhibitions.Amidst escalating construction costs and a
competitive financing landscape,the project outlines a viable blueprint for affordable housing in
a city recovering from a challenging economic history marked by debilitating bankruptcy and
ongoing fiscal constraints.The collaborative effort among the Housing Authority of the County
of San Bernardino,the City of San Bernardino,and other key stakeholders enhances the
Arrowhead Grove project’s resilience to external challenges while concurrently creating a
conducive environment for similar collaborative housing endeavors in the future
●Discuss how your proposal aligns with existing planning initiatives,services,and other
community assets.
The Arrowhead Grove project dovetails with existing planning initiatives that complement and
advance the concerted efforts to rectify the housing affordability challenges in San Bernardino.
The project’s inception,rooted in the City’s General Plan development,aligns with broader
urban planning and community development agendas.The Waterman +Baseline Neighborhood
Specific Plan represents the city’s vision of a “complete community,”reflecting a symbiotic
relationship between the project and the city’s larger goals.
The Waterman +Baseline Neighborhood Specific Plan envisions a well-rounded community
infrastructure comprising affordable housing,educational facilities,recreational spaces,
employment opportunities,multimodal transportation,and local commercial outlets.The
Arrowhead Grove project embodies this vision,particularly emphasizing affordable housing.The
project’s focus on adding these affordable housing units significantly contributes towards
reducing the housing cost burden currently afflicting a considerable portion of San Bernardino’s
populace.
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The state’s housing mandates,particularly as delineated by the RHNA,emphasize the critical
need to address housing affordability.The allocation by the SCAG sets a clear quantitative goal
for San Bernardino,with a notable emphasis on catering to low-income residents.The
Arrowhead Grove project directly responds to this mandate,thus playing a crucial role in helping
the city meet its RHNA obligations.The project’s alignment with the city’s 2020-2025
Consolidated Plan accentuates its role in contributing to housing affordability solutions to help
alleviate the alarming statistics regarding housing cost burdens in San Bernardino.
Community Resources
Transit:The Arrowhead Grove project site is served by two bus stops that receive service from
OmniTrans,the regional transit service provided for San Bernardino County.Omnitrans bus
routes 1,3,and 4 operate through the project area.Omnitrans Route 1 has a northbound bus stop
in the project area on Waterman Avenue north of Olive Street,adjacent to the planned new
community center.Route 1 currently operates every 20 minutes during peak hours on weekdays,
every 30 minutes during off-peak hours on weekdays,every 30 minutes during peak hours on
weekends,and every 50 minutes during off-peak hours on weekends.Routes 3 and 4 currently
operate every 20 minutes all day on weekdays and every 25 minutes all day on Saturdays and
Sundays.As part of the redevelopment,HACSB is working with OmniTrans to improve the bus
stops directly serving the project site.Currently,there are no shelters at these stops–which will
be addressed as part of this project.
Education:There is a Head Start preschool program site located at Arrowhead Grove,and E.
Neal Roberts Elementary School is located on the block directly south of Arrowhead
Grove–making the location ideal for low-income families with young children.
Employment:To the south of the project site,there is an industrial area characterized by a high
concentration of automotive parts and repair businesses.
Recreation:The Seccombe Lake Recreation Area,a 44-acre park,is a short drive away from
Arrowhead Grove.
Community Center:The vision for Arrowhead Grove includes the subsequent completion of a
new Community Center facility that will serve residents at the project site and in the surrounding
community.This Community Center will lease office space to nonprofit organizations to provide
co-located services for low-income residents.Dignity Health,a major healthcare provider in
California,plans to lease the west wing of the building to open a new Federally Qualified Health
Center (FQHC).Preliminary plans also include the creation of a community kitchen and
community gardens to address food insecurity in the area.
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Geographic Location
●Explain your proposal’s anticipated effects on targeted locations,neighborhoods,cities,
or other geographies.Describe how your proposal preserves and creates housing units
in high-opportunity areas and expands opportunity in underserved communities.
The Arrowhead Grove project will serve residents in one of the most disadvantaged
neighborhoods in the City of San Bernardino.Citywide,the median income is approximately
$55,372,with 20.9%of residents living below the federal poverty line.In comparison,the
poverty rate within the Specific Plan Area is approximately 33.9%,with a median income of
$33,851 (2021 American Community Survey data).This neighborhood suffers from high levels
of deep and chronic poverty.
According to data presented in the Specific Plan,67%of households within the Project Area are
renters versus 49%citywide.These census tracts score,on average,in the 82nd percentile in
CalEnviroScreen 4.0’s Housing Burden rankings.Living conditions are poor and high rent
burdens contribute to the overcrowding of households.Low levels of automobile access create
transit dependencies and make it difficult for residents to access employment,education,and
other essential services.Seventy percent (70%)of residents in the Project Area are Hispanic,
13.8%are African American,58.7%live in households where the primary language is not
English,and 24.4%of residents are foreign-born.
Arrowhead Grove is envisioned as a transformative project that will substantially change a
notably disadvantaged neighborhood.This project is an integral component of the city’s larger
revitalization efforts outlined in the Waterman +Baseline Specific Plan to integrate the provision
of affordable housing with broader community amenities.It particularly targets a neighborhood
enduring pronounced economic disparity,where the median income significantly lags the
citywide median,and housing inadequacy exacerbates living conditions.The envisioned 92 new
affordable units in Phase IV,coupled with a planned 120-unit mixed-use development,aspire to
address the housing shortfall while creating a pathway for enhanced community interaction with
the addition of an onsite Community Center.
The strategic placement of the Arrowhead Grove project within this area will expand
opportunities that have long remained elusive for many residents.The proximity to K-12 school
facilities,park recreational spaces,and potential employment venues outlines a wraparound
approach that amplifies the project's impact towards elevating living standards and opportunities
for the residents.
Moreover,the long-term collaboration between the Housing Authority of the County of San
Bernardino and the City of San Bernardino forms a unified commitment to preserve and create
housing units through steady progress to expand opportunities and help underserved
communities overcome housing barriers.
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Stakeholder Engagement
●Describe your key stakeholders and how you conducted outreach in developing this
proposal.Please also describe your strategy for continued outreach during the grant’s
period of performance.
Development of the Waterman +Baseline Specific Plan incorporated robust stakeholder
engagement,which included a 5-person Steering Committee,a 14-member Leadership Council,
and 36 community-based organizations and coalitions.This committee evolved into the
Neighborhood Transformation Collaborative,led by the Making Hope Happen Foundation.This
committee comprised local and regional anchor institutions,such as the Housing Authority,the
City of San Bernardino,Dignity Health,and Loma Linda University Health.It provided
technical assistance to the City in support of the specific plan.Other participating
community-based organizations included El Sol Neighborhood Educational Center (ESNEC),
Neighborhood Housing Services of the Inland Empire (NHSIE),Grid Alternatives,and the
Arrowhead United Way,amongst others.
To ensure inclusion,residents actively participated in the planning process through events,
meetings,and workshops led by Loma Linda University School of Public Health and the Latino
Health Collaborative.Residents were identified and invited by local CBOs and anchor
institutions directly serving the neighborhood.Since adopting the Waterman +Baseline Specific
Plan,committee members have continued to meet and collaborate on various projects to advance
the recommendations contained in the Plan.
As part of recent efforts to secure state funding to support the Arrowhead Grove project,HACSB
has worked to develop a Collaborative Stakeholder Structure that will provide ongoing feedback
during the project’s design and construction phases.
●Describe the specific actions you have taken to solicit input from and collaborate with
stakeholders in developing this application,including how input from stakeholders and
community members has shaped your proposal.In particular,describe input from the
housing industry in your area,including affordable housing developers,
builders/general contractors,and unions as well as persons in need of affordable
housing.
The development of this project proposal has been a collaborative endeavor involving multiple
stakeholders to ensure that the actions and strategies outlined are responsive to the actual needs
and priorities of the community concerning affordable housing.Central to this collaborative
approach was integrating inputs from various stakeholders through structured community
engagement initiatives.
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Primarily,the groundwork for stakeholder involvement was laid through previous planning
efforts,particularly via the development of the Waterman +Baseline Neighborhood Specific
Plan in the mid-2010s.These initiatives cultivated a platform for ongoing community dialogue
and stakeholder engagement,further catalyzing the current project under discussion.Through
monthly outreach meetings and collaborations spearheaded by the Making Hope Happen
Foundation under the Uplift San Bernardino project,a broad spectrum of community members,
organizations,and other stakeholders were brought together to deliberate on affordable housing.
The feedback and suggestions from these engagements were instrumental in shaping the project
proposal,aligning it closely with community aspirations and the overarching goals outlined in
the Waterman +Baseline Neighborhood Specific Plan.
Specific input from the housing industry within the project area was sought to ensure the
proposal is grounded in practical and executable strategies.Current engagement with affordable
housing developers and builders/general contractors has provided critical insights into the
challenges and opportunities present in the current housing market in San Bernardino.These
stakeholders offered invaluable expertise on housing development's financial,regulatory,and
operational aspects to ensure a well-informed and thoughtful application.
●Describe how you incorporated input from stakeholders into your proposal.
Incorporating stakeholder input has been pivotal in formulating the proposal for the City of San
Bernardino.Engaging with diverse stakeholders provided a multifaceted understanding of the
housing challenges within the city,facilitating a more targeted and effective proposal.Initially,
the groundwork laid by the Waterman +Baseline Neighborhood Specific Plan served as a
conduit for channeling stakeholder insights into this proposal.The synthesized insights from the
prior engagements were then meticulously incorporated into the planning of this project,
ensuring that each strategy outlined resonates with the collective input from the stakeholders
involved.This collaboration enriched the proposal and aligned it closely with the community's
vision and the overarching goal of forming a “complete community”as envisioned in the
Waterman +Baseline Neighborhood Specific Plan.The activities proposed in this application
represent the input from long-term working relationships that were built over time between
organizations that have a vested interest in the redevelopment of this community and the
surrounding area.
●Describe your strategies to encourage public participation,build support,and engage
community members,including those most likely to benefit from your proposed activity.
The strategies to encourage public participation and build support for the Arrowhead Grove
project have their foundation in previous community engagement efforts.Leveraging the
groundwork laid by the city's General Plan development and the Waterman +Baseline
Neighborhood Specific Plan,the approach to public involvement is designed to be inclusive and
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ongoing.Monthly outreach meetings,facilitated by project partners,have been a crucial
component,providing a forum for community members and organizations to share their
perspectives and concerns.These meetings are part of a larger tradition of community outreach
that has been ongoing for over a decade.The Arrowhead Grove project took shape through this
continuous community stakeholder outreach as part of the development of the Waterman +
Baseline Specific Plan,where the priorities identified through this process have been guiding the
city and HACSB's planning efforts and are incorporated into the project.
The Uplift San Bernardino project,spearheaded by the Making Hope Happen Foundation,has
been at the forefront of community engagement,building on past initiatives like the Promise
Zone Collaborative and the Neighborhood Transformation Collaborative.This collective effort
has been vital in bringing together local institutions,community members,and nonprofit
organizations to focus on key areas such as housing,entrepreneurship,and sustainable careers.
Under the guidance of the Making Hope Happen Foundation,the community outreach plan for
this project aims to seamlessly integrate with existing efforts.The proposed activities align with
the goals developed through community input,particularly within working groups that supported
the Waterman +Baseline Neighborhood Specific Plan and will continue to seek the community’s
input throughout each development phase.
Affirmatively Furthering Fair Housing
●Describe your plans to remove barriers to the development of affordable housing in
well-resourced areas of opportunity.How will your proposal increase access for
underserved groups to these areas?What is the racial composition of the persons or
households who are expected to benefit from your proposed grant activities?
One of the pivotal elements of this proposal is the strategic partnership between the City of San
Bernardino and HACSB.This alliance,further enriched by the engagement of local nonprofits,
housing developers,and governmental agencies,is designed to pool resources,expertise,and
networks to address the systemic barriers to affordable housing,such as regulatory hurdles and
funding scarcities.
Community engagement and inclusive planning lie at the heart of this proposal.By involving the
community in the decision-making processes,the project ensures that the housing solutions
developed are tailored to meet the actual needs of the underserved populations.This inclusive
planning approach provides a platform for addressing community concerns and incorporating
diverse perspectives,essential for overcoming societal barriers like NIMBYism (Not In My
Backyard syndrome)to affordable housing development.
Targeted development within the Arrowhead Grove project will increase the supply of affordable
housing units in a vibrant,mixed-use,mixed-income community.This addresses the unique
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housing needs of different demographic segments within San Bernardino.The creation of
smaller,one-,two-,or three-bedroom units is a direct response to the specific demands of the
city’s extremely low-income households,which mostly comprise small families and a diverse
racial composition with significant proportions being Hispanic or Latino,Black or African
American,and other minority groups.The mixed-income community envisioned within the
Arrowhead Grove project that includes access to a Community Resource Center will advance
housing justice and inclusivity,catalyzing racial and economic integration.It promotes a more
equitable distribution of housing opportunities across different racial and socioeconomic strata,
thus standing as a well-rounded strategy to combat housing affordability issues.
●Describe your plans to remove barriers impeding the development of affordable
housing that would promote desegregation.What policies or practices perpetuate
segregation and how will your proposal address them?
Addressing the barriers to affordable housing development that promotes desegregation in San
Bernardino necessitates a nuanced and multilayered approach to tackling existing systemic
challenges while cultivating an environment of inclusivity and equity.The entrenched policies
and practices perpetuating segregation are rooted in restrictive zoning laws,discriminatory
housing policies,and inadequate funding for affordable housing projects.This proposal is poised
to counter these challenges through various targeted strategies.
First,advocacy and planning developments for mixed-use and higher-density zoning in
well-resourced areas are central to enabling affordable housing development.Secondly,
combating misinformation and NIMBYism (Not In My Back Yard syndrome)through strategic
community engagement,education campaigns,and open dialogues is essential to shift public
opinion and garner support for inclusive housing developments.Third,headway has already
begun in the city to offer incentives such as streamlined approval processes for developers
embarking on affordable housing projects in well-resourced areas to remove barriers and
promote inclusive housing.
Implementing and enforcing fair housing policies to prevent discrimination based on race,
ethnicity,or economic status are fundamental in promoting desegregation.This involves
stringent enforcement against discriminatory renting,selling,or financing housing practices.
Strategic partnerships with HACSB,non-profit organizations,and private developers are also
integral to pooling resources and expertise for overcoming development barriers.
Additionally,substantial investments in underserved communities to improve education,
healthcare,and employment opportunities form part of the wrap-around approach to bridge racial
and economic disparities.This is reflected in the Arrowhead Grove vision of encompassing a
Community Resource Center where access to these resources is centrally planted in the housing
development.
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●How will you ensure that your proposal will not cause affordable housing to be further
concentrated in low-opportunity areas or in areas that already have ample affordable
housing?How will your proposal increase housing choice by expanding the
neighborhoods in which residents who need affordable housing can live?
The Arrowhead Grove project is a planned community rental assistance demonstration (RAD)
project of the Housing Authority of San Bernardino.The rental assistance demonstration
program is a project of the federal government via the Office of Housing and Urban
Development (HUD)specifically designed to deconcentrate poverty.The RAD program was
created to give public housing authorities a powerful tool to preserve and improve public housing
properties and address the nationwide issue of deteriorating public housing.RAD also allows
owners of HUD "legacy"program properties to develop projects specifically designed to deter
the concentration of affordable housing in low-opportunity areas by developing mixed
communities such as the Arrowhead Grove project.Additionally,these mixed-use developments
present an opportunity to bring amenities to low-income communities that would not usually be
available.Incorporating mixed-income residential units within the project is a deliberate move to
promote socioeconomic diversity,thus diluting the concentration of low-income households in a
singular locale.
●How does your approach address the unique housing needs of members of protected
class groups,including persons with disabilities,families with children,and
underserved communities of color?
The Arrowhead Grove project is an expression of San Bernardino’s broader commitment to
equitable housing and is designed to address the unique housing needs of protected class groups
through an all-encompassing approach towards inclusivity and equal opportunity.A key aspect
of this approach is the adherence to the Americans with Disabilities Act (ADA)standards in the
design and creation of accessible and adaptable housing units,ensuring the full usability of
housing amenities by persons with disabilities.Additionally,the project envisions an on-site
Community Center to house healthcare and supportive services,offering a nearby venue for
residents to access necessary medical and therapeutic services.
Families with children are also a focal point of the project.This mixed-use,mixed-income
community will feature seventy 2 to 3-bedroom units (i.e.,two-thirds of the project),will be
within three miles of Head Start programs and elementary,middle,and high schools,and will
have ample open space for young children to play.As a result,the project will provide an
environment conducive to the holistic growth and development of children.The project’s
location within a HUD Qualified Census Tract (QCT)creates the potential to direct more
resources toward enhancing educational and recreational facilities in the area,poised to benefit
families significantly.
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Given San Bernardino's diverse racial and ethnic fabric,the Arrowhead Grove project's
mixed-income community model is pivotal in promoting racial and economic integration.This
model challenges and gradually dismantles the historical patterns of segregation and
disinvestment,facilitating a more inclusive living environment.The community engagement
processes embedded within the project's development phase ensure the active involvement of
underserved communities of color,allowing their unique housing needs to be articulated and
integrated into the project's design and execution.
●Have you considered the risk of displacement associated with your proposal?How will
you ensure that your planned activities do not lead to the displacement of vulnerable
residents in communities of color?Describe any anti-displacement measures included
in your proposal (e.g.,replacement of affordable units for new construction,or right of
first refusal for tenants).
In a concerted effort to mitigate the risk of displacement,the Housing Authority of San
Bernardino has partnered with the Neighborhood Housing Services of the Inland Empire
(NHSIE)to implement an anti-displacement plan for the proposed project.It will ensure
affordable housing provisions,protection of tenants'rights,and measures to mitigate
gentrification.The plan will be shared with local housing authorities,CBOs,and residents to
collaborate and receive feedback in preparation for implementation.
●How will your proposal address the housing needs of people with disabilities and
increase their access to accessible and affordable housing?How will it support
independent living with access to supportive services and transportation in the
community?Please also describe your plan to ensure compliance with the Americans
with Disabilities Act (ADA)and accessibility requirements under the Fair Housing Act.
The Arrowhead Grove housing units are designed following accessibility standards of the ADA,
ensuring that individuals with disabilities can live comfortably and safely.Further adherence to
the Fair Housing Act’s accessibility requirements ensures that these housing units encompass a
truly inclusive environment.Compliance with ADA and Fair Housing Act requirements is
fundamental to the proposal’s execution.A comprehensive compliance strategy is outlined,
encompassing rigorous pre-construction accessibility reviews,continuous monitoring during the
construction phase,and thorough post-construction audits to ascertain total compliance with
accessibility standards.Additionally,residents will be engaged,and a feedback mechanism will
gather invaluable input regarding the accessibility and usability of housing units and community
facilities.This feedback will be instrumental in identifying any areas of improvement,ensuring
that the housing environment continuously evolves to meet the needs of its residents,particularly
those with disabilities.
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Beyond physical accommodation,Arrowhead Grove ameliorates a severely disadvantaged area
by encompassing independent living for individuals with disabilities.A main aspect of the
project is establishing an on-site Community Center,envisioned to provide essential healthcare
and supportive services.This center will ensure residents have convenient access to necessary
services,further promoting self-sufficiency and independent living.In tandem with these
facilities,partnerships with local service providers are proposed to extend a comprehensive
support network to residents,addressing a wide range of needs,including medical,therapeutic,
and social services.Enhancing accessible transportation options for individuals with disabilities
is a priority.Collaborations with local transportation authorities are planned to ensure accessible
transportation services are readily available within close proximity to the Arrowhead Grove
community.
●Describe the implementation and/or enforcement plan for your proposal.Describe how
you will approach resistance (e.g.litigation,environmental review,design standards)to
the elimination of your targeted barrier(s).
The project is currently entitled and has undergone a rather lengthy public engagement process
during its entitlement phase.The public engagement process has lent legitimacy to the
Arrowhead Grove project and has motivated the collective ownership and shared vision among
the diverse stakeholders.The continuous dialogue and feedback loops embedded within the
engagement process have shaped the project’s blueprint,ensuring it resonates with the
community's needs and expectations,particularly concerning affordable housing and urban
revitalization.The remaining stages of the project will be navigated with the same level of
engagement and openness characterized by the entitlement process.This includes being prepared
to adeptly manage any resistance or unforeseen challenges that may arise by leveraging legal
counsel,maintaining clear communication channels with stakeholders,and adhering to a
well-defined dispute resolution protocol.
●Describe any equity-related educational resources,tools,or public input that have
informed your proposal.
This project was shaped and informed by dialogue with residents,local businesses,educators,
faith-based organizations,nonprofits,and government leaders from 2010 to 2016 via the city-led
planning process that took place during the development of the Waterman +Baseline Specific
Plan.These community-informed priorities were incorporated into various planning initiatives,
including the Southern California Association of Governments (SCAG)regional planning
efforts.Various equity assessment tools were employed to analyze the housing landscape in San
Bernardino.These tools aided in identifying the barriers to affordable housing and gauging the
extent of housing inequity within different demographics.By doing so,a clearer understanding
of the local housing dynamics was attained,which,in turn,informed the proposal's strategic
approach towards dismantling these barriers.HACSB synthesized this information and the
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feedback received from residents to guide its planning efforts and shape the projects and
partnerships proposed.The partnerships represent long-term working relationships that were
built over time between organizations that have a vested interest in the redevelopment of this
community and the surrounding area.
●Do you plan to engage and support minority-,women-,and veteran-owned businesses
during your proposed housing production process?Do you have a diversity and equity
plan in place or plan to create one?
The City of San Bernardino is committed to active and comprehensive Supplier Diversity
Programs (SDPs)that provide fair and equitable opportunities for small and diverse enterprises
to do business with the City and to developing mutually beneficial relationships with small,
minority-owned,women-owned,disadvantaged/disabled,veteran owned and LGBTQTIA+
business enterprises.The City has a dedicated procurement team who have partnered with
internal and external stakeholders to provide equitable resources and opportunities to all
businesses.In addition,the City has hired a Disadvantaged Business Enterprise (DBE)Specialist
to further the commitment and growth to supplier diversity and actively seek out certified diverse
suppliers that can provide competitive,high-quality goods and services whose business model is
aligned with City initiatives.
The City of San Bernardino is also in the process of developing a long-term strategic plan that
includes the execution of SDPs so they may continue to be open and fluid to adapt in providing
the resources and equitable opportunities to the small and minority business community.
●Describe how you will evaluate the effect of your proposal on promoting desegregation,
expanding equitable access to well-resourced areas of opportunity,and furthering the
de-concentration of affordable housing.
The Arrowhead Grove Project is one of the Housing Authority’s premier rental assistance
demonstration projects and is part of its Moving to Work plan implementation.As such,it has a
structured evaluation mechanism to observe and measure its effects concerning diversity,equity,
and inclusion throughout its implementation phase.The evaluation process includes collecting
baseline data on current segregation levels,housing affordability,and access to resources in the
project area and surrounding communities.This collection sets a reference point against which
progressive changes can be methodically measured.As the project continues,key indicators will
be monitored and tracked.These indicators assess the racial and economic composition of
tenants,levels of affordable housing,and access to essential resources like education,healthcare,
and employment opportunities.To capture the lived experiences of community members,regular
surveys and feedback sessions will be orchestrated.These interactions will gauge community
experiences concerning desegregation,improved resource access,and housing affordability.
External evaluators will also conduct impartial assessments of the project's impacts.
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●How will you track your progress and evaluate the effectiveness of your efforts to
advance racial equity in your grant activities?
HACSB tracks the ongoing progress of its projects and their effectiveness via a strategic
partnership with Loma Linda University.As a HUD-designated “Moving to Work”agency,
measurable improvements are made to the quality of life of the community.Their equity and
inclusion efforts are supported by the recently awarded California Accountable Communities for
Health Initiative (CACHI)grant,where its goals and objectives overlap with the PRO Housing
program’s overarching objectives related to measuring the impacts of equity and inclusion
efforts.Engagement with community stakeholders,especially those from marginalized and
underserved groups,is a major component of the evaluation process.Their feedback and
experiences will be gathered through surveys,focus groups,and community meetings to gauge
the grassroots impact of grant activities on racial equity.To obtain perspectives on the
effectiveness of the grant activities,evaluators will conduct impartial assessments of the project’s
racial equity outcomes.Transparent reporting of progress toward racial equity objectives will be
shared with stakeholders and the wider community.These reports will detail the findings from
the evaluation activities.At the same time,building the capacity of the project team and
community partners to understand and address racial equity issues will be implemented through
resource-sharing.
●If the applicant proposes to use PRO Housing funds to fund housing units,the
applicant must discuss how those benefits will be affirmatively marketed broadly
throughout the local area and nearby areas to any demographic groups that would be
unlikely or least likely to apply absent such efforts.
HACSB will develop an Affirmative Marketing Tool Kit as part of the project,which will
include the following steps:
1.Identify and Review Target Populations
a.Identify Neighborhood Population Characteristics
b.Review Most Recently Available Studies of Barriers to Housing Choice
2.Develop Marketing Strategy and Materials
a.Develop Affirmative Marketing Ads and Messaging
b.Conduct Affirmative Marketing Advertising and Outreach
c.Complete the Affirmative Marketing Plan
d.Evaluate Barriers for the Target Population
Affirmative Marketing activities will take place for at least 120 days,with the following timing
milestones incorporated into the Affirmative Marketing Plan:
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●150 Days Before Expected Certificate of Occupancy:Inform community contacts and
community-based organizations to support identifying prospective tenants that would be
otherwise unlikely to apply.This communication will include the date that applications
will be accepted with details of the application process.
●120 Days Before Expected Certificate of Occupancy:HACSB will begin collecting
completed applications.
●90 Days Before Expected Certificate of Occupancy:HACSB will notify successful
applicants and complete the certification process within 2 weeks of notification.
Affirmative Marketing will continue after initial leases are completed and paired with all
mainstream marketing efforts.
●If the applicant is a CDBG,HOME,ESG,and/or HOPWA grantee,it may note the
date of its most recent certification and a summary of the actions reported in its most
recent CAPER.
The City is an entitlement jurisdiction that is a CDBG,HOME,and ESG grantee.Per the City’s
PY 2021-2022 CAPER,the following summary of actions were reported:
1.Public Housing Efforts:Worked through the Housing Authority of the County of San
Bernardino (HACSB)to administer the Housing Choice Voucher Program to provide
rental assistance to eligible residents.
2.Homeownership Encouragement:Implemented an Infill Housing Program using HOME
funds to construct housing units for sale to qualified low-income homebuyers,assisting 2
families in PY 2021-2022.Conducted First Time Homebuyer workshops in collaboration
with local organizations.
3.Policy Reform for Affordable Housing:Initiated a comprehensive Development Code
update and a new General Plan to eliminate land use constraints and facilitate housing
and mixed-use development.Proposed amendments to incentivize lot consolidation,
streamline development processes,and align with state density bonus law.
4.Addressing Underserved Needs:Targeted CDBG,HOME,and ESG funds to meet the
needs of the underserved and partnered with local organizations to leverage additional
resources for community development.
5.Lead-Based Paint Hazard Mitigation:Implemented testing and abatement procedures,
monitored lead poisoning data,and educated owner-occupants on lead hazards.
6.Poverty Reduction:Established a First Time Homebuyer program and funded
subrecipients under the ESG grant to provide essential services to reduce poverty levels.
7.Institutional Structure Development:Reviewed and revised policies and procedures and
continued coordination with county agencies,and for-profit and non-profit developers,to
facilitate affordable housing and service provision.
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8.Enhanced Coordination:Improved communication with non-profit service organizations
and residents through NOFA applications,public meetings,and online postings of
essential documents.
9.Fair Housing:Acted to further fair housing,address impediments identified in the
Analysis of Impediments (A.I.)to Fair Housing Choice,and improve fair housing
opportunities in the city.
●If the applicant will carry out proposed activities in a jurisdiction with an AFH,
describe how the proposed activities are consistent with the AFH’s fair housing goals
and with fair housing strategies specified in the jurisdiction’s Consolidated Plan or
Public Housing Agency Plan.
●Does the proposed project address issues identified in your jurisdiction’s most recent
fair housing plan or plans?
The City of San Bernardino’s Draft 2020 -2025 Analysis of Impediments to Fair Housing (the
“AI”)identifies the following critical needs identified through stakeholder engagement:
●Increase in housing inventory –an increased supply will help all,including the Latino
and African American population.
●Improve perceptions of San Bernardino (negative perception deters private investment).
●Address discrimination,particularly race or ethnicity discrimination.
●Raise awareness about homelessness using humanistic stories that go beyond the data.
●Support a growing population of homeless seniors.
●Decrease dependency on government and draw foundations and corporations into the
solutions.
●Create pathways to employment.
The Draft AI includes a Fair Housing Action Plan,which outlines the highest priority
Contributing Factors to Fair Housing for six key areas.Under the area of Affordable Housing,
the priority factors included:
●Low volume of affordable housing.
●Poor housing conditions and blight.
●Tenant background checks stop families from receiving housing.
●Lack of advocacy for affordable housing.Not-My-Backyard attitudes create a tough land
development process for new affordable housing plans.
●Low number of accessible units for a growing elderly and/or disabled population.
Arrowhead Grove directly aligns with Goal 2 of the Fair Housing Action Plan,which calls for
the City to “increase affordable housing opportunities.”The project site,which is served by two
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OmniTrans bus pickup areas and located near the City’s industrial employment areas,supports
the Plan’s identified Action Steps by developing “integrated housing approaches near designated
employment areas/centers and transit.”The City of San Bernardino is engaged as a committed
partner to support the Housing Authority’s efforts to complete this project.
Budget and Timeline
●Provide a budget for the proposed activities that documents all projected sources of
funds and estimates all applicable costs.Describe how you determined the budget and
how you will ensure that the project will be cost-effective,in line with industry
standards,and appropriate for the scope of the project.
The application includes a pro forma that has evolved over several months to include diverse
funding sources and well-vetted cost estimates.The project’s primary funding sources include
4%Low-Income Housing Tax Credit (LIHTC)equity,construction and permanent loans from
commercial lenders,and various federal,state,and local gap funding sources.In addition to a
placeholder for the requested PRO Housing grant,these gap funding sources include HOME
loans from the City and County of San Bernardino,Neighborhood Stabilization Program funds,a
Middle-Income Program (MIP)loan from California Housing Finance Agency,a local Housing
Development Fund grant,and a BUILD Energy Smart Grant.The LIHTC equity and commercial
loans are modeled based on recent transactions completed by the Authority’s project finance
advisors and recent discussions with various lenders and investors.The MIP loan is modeled
based on program guidelines and an assessment of project competitiveness based on winning
projects from recent rounds.Finally,the various other gap funding sources are modeled based on
extensive discussions with (and,in most cases,soft commitments from)funding providers over
the past several months.
Cost estimates for the project are based on the expertise of the Authority’s California-based
project finance advisors,as well as the work of multiple third-party professionals.The Authority
has engaged architects,a professional cost estimator,and two general contractors to help develop
a detailed scope of work and estimate hard and soft construction costs for the project.The pro
forma budget included in the application represents a synthesis of these professionals’work and,
in the estimation of the Authority and its project finance advisors,is cost-effective,consistent
with industry standards,and appropriate for the project's scope.
●Please describe how you would budget for and manage a successful project if HUD
awards a different dollar amount than you are requesting.What is the minimum
funding amount that would allow you to carry out your proposal in some form,and
what would that proposal achieve?
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With the announcement of an award amount that differs from the requested amount,a thorough
re-evaluation of the budget would be conducted without compromising the core objectives of the
project.This would include classifying project activities based on priority and ensuring that
essential activities are allocated adequate funds.Simultaneously,the exploration of alternative
funding sources such as grants,loans,or partnerships with other organizations could provide
supplementary financial support.A prioritized phased implementation may also be considered
based on funding availability,impact,and community needs to allocate the available funds to the
most critical phases of the project.Each phase would be completed before transitioning to the
next,allowing for a structured and financially controlled implementation.
The minimum funding amount necessary to carry out the proposal is $5,000,000.This minimum
amount would cover the cost of construction for the 92-units.
●Provide a schedule for completing all of the proposed activities in advance of the
expenditure deadline at the end of FY 2029.
The proposed construction activities for the Arrowhead Grove project have an anticipated start
date of February 12,2025,and an end date of May 1,2026.All pre-construction work is
currently underway and is on schedule to be completed on February 1,2025.This includes
completion of all design development,construction documents,plan checks,and final financing.
Below is a schedule that includes key milestones to reflect timely progress toward the anticipated
completion date.
Key Milestone Start Date Completion Date
1 Site Grading and Foundations 2/12/25 7/29/25
2 Framing 7/30/25 10/21/25
3 Roofing/Exterior Dry-in 10/22/25 1/13/26
4 Initial punch walk prior to C of O 5/1/26 5/1/26
Exhibit E:Capacity
●Which specific agency or entity will lead implementation of the proposed activities?
What is its role and management capacity?
The City of San Bernardino will serve as the fiscal agent for the PRO Housing grant.HACSB
will serve as the lead developer for the Arrowhead Grove project.
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●Describe how the agency or entity has (or plans to obtain)the relevant project
management,quality assurance,financial and procurement,and internal control
capacity to quickly launch and implement a major project.
The City of San Bernardino has a strong history of successfully managing large projects.Its
financial management of over $61M from various funding sources reflects the successful launch
and ongoing stability of major projects like the Arrowhead Grove project.Their structured
governance model,where the City Manager oversees all departments,allows for an organized
approach to project management and quality assurance,enabling swift decision-making and
alignment with project goals.
In partnership with the Housing Authority of the County of San Bernardino (HACSB),which
brings substantial experience in managing,developing,and controlling affordable housing units,
the City enhances its capability to implement the project effectively.HACSB's historical
involvement in administering housing programs,managing housing units,and maintaining
compliance with various funding sources reinforces its competence in ensuring the project
adheres to quality and regulatory standards.Over the last twelve years,HACSB has developed a
strong knowledge base and experience in redevelopment of large-scale public housing
sites–having completed 332 new units in the first three phases of Arrowhead Grove.The
working relationship between the City and HACSB will combine the financial and managerial
capacities of the City with the sector-specific expertise and operational skills of HACSB.This
collaboration will facilitate the quick launch,smooth implementation,and management of the
Arrowhead Grove project.
●If your proposed approach includes partners,describe each partner ’s capacities and
credentials related to its role in implementing the project.Is your capacity to design,
plan,or remove a barrier dependent on partner capacity?If yes,describe the
dependency.What is your plan to regain capacity if a partner drops out?
HACSB,in its role as the lead developer for the Arrowhead Grove project,brings a wealth of
experience and substantial capacity in managing and developing affordable housing units.Since
its establishment in 1941,HACSB has built or acquired over 2,000 affordable housing units and
has a long history of being a dedicated owner and manager of federally subsidized public
housing units.Moreover,with direct management and control over more than 3,500 affordable
housing units across the County,HACSB has demonstrated operational proficiency and
adherence to compliance standards in the sector.
The partnership with HACSB is crucial to the Arrowhead Grove project due to HACSB’s role in
ensuring that the development adheres to regulatory standards,managing housing units,and
preserving the affordability of the units through various subsidy programs.The City of San
Bernardino,as the fiscal agent,relies on HACSB's experience to navigate through specific sector
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challenges,making the capacity to design and plan for the project somewhat dependent on
HACSB's specific expertise in affordable housing development and management.
In the highly unlikely event that HACSB were to withdraw from the project,the City of San
Bernardino would likely face challenges in managing specific aspects related to housing
development and compliance.HACSB currently holds site control and is heavily invested in the
design and pre-construction elements of Arrowhead Grove.HACSB and the City of San
Bernardino’s interests in realizing the completion of Arrowhead Grove are mutually bonded.
●Describe the agency’s or entity’s experience working with and coordinating partners
(including contractors,funders,subrecipients,community stakeholders,and other
government agencies)in previous projects similar in scope of scale to the proposed
activities.If you do not have such experience,how will you obtain it?
The City of San Bernardino has a long history of successful project collaborations with
coordinating partners.Particularly with HACSB,the City has had much collaborative experience
developing three prior phases of the Arrowhead Grove housing site.The City's capacity to
successfully coordinate large-scale housing projects,navigate complex administrative tasks,and
coordinate with multiple stakeholders is demonstrated in this exemplified ongoing collaboration.
During Phase I,known as Valencia Vista,the City oversaw timely and quality construction.This
phase laid the foundation for subsequent project management collaborations with HACSB and
other partners.Phase II,Crestview Terrace,and Phase III,Olive Meadow,brought yet another
opportunity for the City to coordinate with HACSB and its contractors.
In addition to the Arrowhead Grove project,the City of San Bernardino has spearheaded various
multi-faceted projects of substantial scope and scale that demanded cohesive coordination among
contractors,funders,sub-recipients,community stakeholders,and governmental agencies.One
such example is the City’s experience in executing housing initiatives and urban development
projects through the use and management of funds from various sources,such as ESG,CDBG,
and HOME.The city’s management and planning aligned numerous parties with differing
interests toward a common vision for urban development and has continually delivered on the
successful execution of many projects.
●Who wrote this application:applicant staff,or a professional technical or grant writer
in a consulting or contract capacity?Please provide name(s),title(s),and
organization(s).If the application was drafted by someone external to the applicant’s
organization,describe how the applicant staff and decision makers were actively
engaged in the development of this proposal and how this coordination may continue
over time.
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This application was prepared by a team of individuals that included staff from the City of San
Bernardino,staff from the HACSB,and grant-writing consultants contracted from the firm
Renne Public Policy Group.The team was composed of the following individuals:
Trina Perez
City of San Bernardino
Senior Management Analyst
Mary Alvarez-Gomez
City of San Bernardino
Grants Division Manager
Christian Rodriguez
City of San Bernardino
Management Analyst II
Gilbert Mosqueda
City of San Bernardino
Management Analyst I
John Moore
Housing Authority of the
County of San Bernardino
Director of Development
Jake Whitaker
Renne Public Policy
Group
Director
Bruce Rudd
Renne Public Policy Group
Senior Consultant
Maira Durazo
Renne Public Policy Group
Grant Writing Associate
Adam Cray
CSG Advisors
Vice President
●Do you or any partner(s)have experience working with civil rights and fair housing
issues including,for example,working with data to analyze racial or economic
disparities?Do you or your partner(s)have experience designing or operating
programs that have provided tangible reductions in racial disparities?
○In evaluating applications for funding,HUD will consider the extent to which
the application demonstrates that the applicant has the experience and the
resources to effectively address the needs of underserved communities,
particularly Black and Brown communities.
In recent years,the City has undertaken multiple initiatives that address housing-related issues
regarding fair housing and civil rights issues including owner-occupied housing rehabilitation
program,first-time homebuyers’programs in coordination with Wells Fargo,Microenterprise
Program working with small business owners,and Infill Housing Program to provide housing for
LMI families.The City annually collaborates with the Community Action Partnership of San
Bernardino,Family Service Association of Redlands,Lutheran Social Services,The Salvation
Army Hospitality House,and Step Up on Second for street outreach,emergency shelter,rapid
rehousing,case management,and homeless prevention services.In addition,the City works with
the St.Bernadine’s Hospital Community Hospital,and Dignity Health in San Bernardino to
provide homeless patients with appropriate healthcare and bridge housing and case management
services.
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The City collaborates annually with the Inland Fair Housing Mediation Board (IFHMB)to
conduct and react to any complaints surrounding housing discrimination and fair housing
education and promotion.IFHMB provides fair housing and landlord-tenant mediation activities
centered on four main activities:Education,Outreach,Enforcement,and Administrative
Services.IFHMB fair housing,education,outreach,and enforcement activities will address fair
housing issues encountered by City residents and assist the City to support and sustain inclusive
neighborhoods vibrant with diversity.
The delivery of fair housing services,along with the availability of landlord-tenant mediation,
empowers residents with knowledge of their housing rights and responsibilities under Federal
and State fair housing laws,and the California Civil Code.Fair Housing and Landlord-Tenant
workshops are conducted throughout the year to familiarize residents with their housing rights
and responsibilities,including federal and state fair housing laws.IFHMB Staff will assist
residents with the processing of complaints to the Department of U.S.Housing and Urban
Development (HUD),the Department of Justice,the California Department of Fair Employment
and Housing,or provide a referral to a private attorney.
●Provide an organizational chart that identifies names and positions of key management
for proposed PRO Housing activities.In addition to key management,be sure to
include a count of all full-time staff that will manage PRO Housing activities.Please
also include a description of your existing management structure and staff roles,
including any gaps,vacancies,or positions contingent on award.If you are applying
with a partner or partners,provide this information for each organization.
As the Pro Housing application fiscal lead,City of San Bernardino Staff Trina Perez and Mary
Alvarez-Gomez will oversee the management and coordination of project activities.Trina,the
Senior Management Analyst,will take the lead in ensuring the project adheres to specified
guidelines and achieves set objectives.Mary,the Grants Division Manager,will manage grant
compliance with grant requirements and oversee the financial aspects of the project.Christian
Rodriguez and Gilbert Mosqueda,positioned as Management Analyst II and I,respectively,will
assist in performance monitoring and data collection for progress reports.
HACSB,as the lead developer for the Arrowhead Grove project,Director of Development John
Moore will steer the development objectives and ensure all key milestones are reached for the
timely completion of the project.He will also oversee resource allocation,mobilize the existing
steering committee to facilitate stakeholder and community engagement and head the
development team in all aspects of completing the project.
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Figure 3.Organizational Chart
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Exhibit F:Leverage
●Are you leveraging other funding or non-financial contributions?
As described in Exhibit D above,the project’s primary funding sources include 4%Low-Income
Housing Tax Credit (LIHTC)equity;construction and permanent loans from commercial
lenders;and various federal,state,and local gap funding sources.In addition to a placeholder for
the requested PRO Housing grant,these gap funding sources include HOME loans from the City
and County of San Bernardino,Neighborhood Stabilization Program funds,a Middle-Income
Program (MIP)loan from California Housing Finance Agency,a local Housing Development
Fund grant,and a BUILD Energy Smart Grant.The LIHTC equity and commercial loans are
modeled based on recent transactions completed by the Authority’s project finance advisors and
recent discussions with various lenders and investors.The MIP loan is modeled based on
program guidelines and an assessment of project competitiveness based on winning projects
from recent rounds.Finally,the various other gap funding sources are modeled based on
extensive discussions with (and,in most cases,soft commitments from)funding providers over
the past several months.
Exhibit G:Long-Term Effect
●Describe what you will have achieved upon completion of grant-funded activities,
including the specific work product(s),deliverable(s),or completed projects you will
produce and any implementation actions that follow.Be sure to addreshows these
achievements will have a permanent,long-term effect.
Upon completion,the primary achievement of Phase IV of the Arrowhead Grove project will be
the construction of 92 new affordable housing units in a historically disadvantaged and
under-resourced area of San Bernardino.This addition directly addresses San Bernardino's need
for more affordable housing options and offers a solution to a part of the housing shortage in the
community.In the long term,these units will contribute to a more balanced housing availability
in the area,helping alleviate some of the pressures of the local housing market.They will
provide permanent essential housing for those in need and offer stability for families and
individuals,enabling them to build a foundation for their future in the community.Once
occupied,the units will add to the vibrancy of the community,potentially leading to increased
local commerce.
●Describe what roadblocks your proposal might be facing (e.g.,the reversal of a plan to
streamline the permitting process).What are the most likely ways in which the barriers
might persist despite your proposed activities,and how does the proposal account for
and counteract this?
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Packet Pg. 781
Despite meticulous planning and collaborative efforts,the Arrowhead Grove project faces
challenges that come with the economic uncertainties that play a major role in price fluctuations
for construction materials.Furthermore,there are always unforeseen circumstances in
construction projects of this magnitude.These might include unexpected site conditions or a
recurring wave of unsafe hikes in COVID-19 cases,resulting in a shift in priorities.To navigate
these challenges,the project is designed to be adaptable.the Phase IV timeline incorporates
buffers,both in terms of time and financial resources.This deliberate inclusion ensures that any
unexpected delays or additional costs can be absorbed without compromising the project's main
goal.
●Do you anticipate your proposal will result in reducing housing cost burden for
residents without increasing other costs,such as transportation costs?Describe how
you seek to achieve your goal of enabling the production and preservation of
affordable housing while also considering the value of siting affordable housing near
amenities,public services,jobs,transit,schools,and other important community assets
and locations.
The housing authority of San Bernardino is committed to ensuring that all of its planned rental
assistance demonstration projects incorporate on-site amenities that reduce the need for its
residents to travel to access amenities such as healthcare and childcare.The planned RAD
community at Arrowhead Grove currently contains a preschool facility and has a planned
community center that will offer healthcare services via a federally qualified healthcare center.
●Describe how your proposal represents a model for other communities,including the
manner(s)in which your jurisdiction(s)or others may scale or replicate the proposal.
The Arrowhead Grove project serves as a model for other communities,particularly in its
strategic approach to address affordable housing,community development,and socio-economic
advancement within the broader context of urban revitalization.This project embodies the
efficacy of phased development,wherein housing units are systematically introduced in stages to
manage logistical and financial resources effectively and to ensure sustained progress even
amidst potential external adversities,such as economic downturns and public health crises.
One of the defining aspects of the model lies in its integrated community development strategy,
which goes beyond merely providing housing.The collaboration between the City of San
Bernardino and HACSB demonstrates a significant alliance between local government and a
specialized agency,each bringing its expertise and resources to the table.This partnership,
coupled with the engagement of various stakeholders,ensures that the project is not only strong
in its design and implementation but also attuned to the nuanced needs and aspirations of the
community it serves.
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The modular and scalable nature of the phased development approach means that other
jurisdictions,depending on their size and available resources,can adapt the model to their
specific contexts.The alliance between governmental and specialist agencies,systematic
stakeholder engagement,integrated community development,and phased implementation
constitute a versatile framework that can be replicated in diverse settings.By adhering to this
model,other communities can navigate the complexities and challenges inherent in large-scale
affordable housing and community development projects,enhancing their capacity for
sustainable urban development and social uplift.
●Describe the community’s most significant environmental risks and how the proposal is
aligned with them to efficiently promote community resilience.For example,you may
wish to describe how your infrastructure and development activities incorporate
resilient and/or energy-efficient features,such as native vegetation,reclaimed water,
and efforts to mitigate the effects of climate change,as appropriate for your
community.
This community endures some of the worst air pollution in the United States1,exacerbating
public health concerns.Residents of the project area Census Tract 6071006401,along with those
in adjacent tracts 6071005400 and 6071005500,experience particularly severe environmental
challenges,with one of the worst Air Toxics Respiratory HI EJ Index reported in the nation
recorded as being in the 95-100th percentile per the EPA’s Environmental Justice Screening tool.
Consequently,community members face a heightened risk of air pollution-related health issues,
including asthma and cardiovascular disease,compared to other California communities.The
Western Riverside Council of Government’s San Bernardino County Resilience Strategy2 and
County of San Bernardino County Vulnerability Assessment3 have identified major increases in
extreme heat days,with all areas of the county projected to experience at least 27 additional
extreme heat days (defined as days exceeding the 95th percentile of daily maximum
temperatures over the historical baseline time period between 1976 and 2005).Droughts are also
expected to become more frequent and intense in San Bernardino County and,more broadly,
throughout southern California by mid-century.Due to its geography downwind of the Los
Angeles metropolitan area and constricted by high mountain ranges,the valley in San Bernardino
County already experiences some of the worst air quality problems and in a nonattainment area
under the Clean Air Act,which means it does not meet national air quality standards which is
consistent with the CalEnviroScreen 4.0 rankings.Finally,and as the previous Fall/Winter season
has demonstrated,extreme storms are projected to become more intense and frequent by
mid-century due to climate change.
3 San Bernardino County Regional Greenhouse Reduction Plan
2 Western Riverside Council of Government San Bernardino Resilience Strategy
1 American Lung Association (ALA),2023 State of the Air Report
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Packet Pg. 783
The project protects environmental and agricultural resources by turning the landscaping on the
site as well as the project-mandated detention basins into urban farms and water retention
projects.The infrastructure incorporates drought-tolerant landscaping and design methods meant
to retain,restore,and recycle water as it flows through the site.Additional site initiatives include
planning for sustainable transportation methods to encourage efficient “Complete Streets”
development patterns surrounding the project.Collectively,these improvements will improve air
quality by increasing transit ridership and improving pedestrian and bicyclist safety while
reducing the financial burden of a car.Equipping the 92 affordable units with electric
appliances,installing solar panels,and bioswales,and planting additional trees will also help
mitigate other impacts associated with climate change (e.g.,urban heat island).
●What do you consider success to look like at the end of the period of performance or
beyond?
Successful implementation of the project will advance the goals of the larger Waterman +
Baseline Specific Plan and build upon the work of the various contributing stakeholder groups
that joined together to develop a transformative vision for the Waterman Gardens site and the
surrounding neighborhood.In the immediate vicinity surrounding the Project area,the City and
County have enacted a variety of incentives to attract a diverse mix of new or expanded
businesses and jobs,which has successfully created a strong potential to establish an
employment base.Unfortunately,the great majority of unemployed residents in the Plan area do
not have the skills or education to capitalize upon these opportunities.Consequently,due to the
economic limitations of the families living within the Project area,there is a need for
wrap-around family resource services.The Arrowhead Grove Inclusive Redevelopment Project
is a planned community that intends to provide just that.We see our project as a catalyst that can
lead to many more projects happening nearby.The success of each becomes a leverage point for
another.
Despite its past as an All-American City,San Bernardino grapples with high poverty rates.The
city's financial crisis culminated in the 2012 bankruptcy declaration,coupled with its ranking
among the nation's poorest and highest crime cities in 2015.The Arrowhead Grove housing
projects and the proposed community center happening next to it will be the first step in
reversing this narrative by bringing to the community a site built with top-of-the-line
sustainability features.The sustainability features utilized on these projects will be replicated by
projects that are being done by several of our CACHI stakeholder team members nearby.Both
the Neighborhood Housing Services of the Inland Empire (NHSIE)and the El Sol Neighborhood
Community Center are developing nearby housing and community center projects that are
informed by this one.All housing developments will be all-electric and will feature
top-of-the-line water efficiency features.All Projects propose incorporating accommodations for
electric vehicle charging stations,renewable energy,and innovative water efficiency and
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Packet Pg. 784
landscaping features.Each of these projects will have a keen focus on establishing jobs which
job centers will support.
●Explain how the targeted outcomes will remedy the identified Need.If possible,propose
metrics (the quantifiable topic area you will measure)and target outcomes (a
quantified goal for each metric which you will strive to achieve)to explain how your
proposed grant activities are expected to address the affordable housing needs and/or
barriers identified in Need.
The Arrowhead Grove project includes a data-collecting protocol to address various housing
challenges the jurisdiction faces that also overlap with the identified needs of the community.
One of these primary needs is the excessive cost burden borne by households.As such,one
targeted outcome is to reduce the proportion of households spending more than 30%of their
income on housing within the project area.
The surge in median home prices presents another barrier to affordable housing and is closely
linked to average incomes.To counteract this trend,the project will include monitoring and
providing resources to residents through the Community Resource Center to improve the ratio of
Average Median Income (AMI)to median home prices.Additionally,the overall availability of
affordable housing is closely tied and is also a major need.The main target of the Arrowhead
Grove Project is the construction of an additional 92 affordable housing units to address this
need.
●Describe the long-term effect of your proposal on removing barriers to affordable
housing production that have perpetuated segregation,inhibited access to
well-resourced neighborhoods of opportunity for protected class groups and vulnerable
populations and expanded access to housing opportunities for these populations.
The city of San Bernardino has recognized several challenges in providing affordable housing,as
documented in its 2020-2025 Consolidated Action Plan.These include limited funding,strict
environmental laws,necessary improvements to undeveloped areas,planning and development
fees,and comprehensive permit procedures.To address these,the city is working on several
strategies and actions for a smoother project review process and streamlining development
activities and regulations to make it easier for transitional and supportive housing to be
established.
The Arrowhead Grove project is part of this larger commitment to counteract decades of housing
disparities and provide an equitable environment for all residents.Historically,segregation has
been exacerbated by a lack of affordable housing in well-resourced neighborhoods,forcing
protected class groups and vulnerable populations into under-resourced areas.The creation of
affordable housing ensures that these groups have opportunities to reside in neighborhoods that
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Packet Pg. 785
offer them better amenities,education,and employment opportunities,which can break the
cycles of poverty and segregation that have plagued this community.Additionally,by integrating
this project into a larger community plan that will offer support services and community
resources,Arrowhead Grove ensures that vulnerable populations,including those with special
needs,single parents,and the elderly,are not just housed but also supported in their endeavors,
be it educational,professional,or personal.Arrowhead Grove removes the stigmas often
associated with affordable housing and its residents,creating a more cohesive and unified
community where residents of different socio-economic backgrounds can coexist,learn from one
another,and collaboratively contribute to the betterment of the neighborhood.
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Packet Pg. 786
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
Applicant Address:290 N. D Street
San Bernadino, CA 92401
Category Detailed Description of Budget (for full grant period)
1. Personnel (Direct Labor)
Estimated
Hours
Rate per
Hour Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Position or Individual
Grants Division Manager 1,168 $65.78 $70,699 $70,699
Sr. Management Analyst 1,752 $55.44 $97,131 $97,131
Management Analyst II 934 $43.19 $40,339 $40,339
Management Analyst I 934 $39.57 $36,958 $36,958
Total Direct Labor Cost $245,128 $245,127
2. Fringe Benefits Rate (%)Base Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Grants Division Manager 10.00% $70,699 $7,070 $7,070
Sr. Management Analyst 10.00% $97,131 $9,713 $9,713
Management Analyst II 10.00% $40,339 $4,034 $4,034
Management Analyst I 10.00% $36,958 $3,696 $3,696
Total Fringe Benefits Cost $24,513 $24,513
Previous versions of HUD-424-CBW are obsolete. 1 form HUD-424-CBW (2/2003)
Packet Pg. 787
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
3. Travel
3a. Transportation - Local Private Vehicle Mileage
Rate per
Mile Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Trans - Local Private Vehicle
3b. Transportation - Airfare (show destination)Trips Fare Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Transportation - Airfare
3c. Transportation - Other Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Transportation - Other
3d. Per Diem or Subsistence (indicate location)Days
Rate per
Day Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Per Diem or Subsistence
Total Travel Cost
4. Equipment (Only items over $5,000
Depreciated value)Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Total Equipment Cost
Previous versions of HUD-424-CBW are obsolete. 2 form HUD-424-CBW (2/2003)
Packet Pg. 788
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
5. Supplies and Materials (Items under $5,000 Depreciated Value)
5a. Consumable Supplies Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Consumable Supplies
5b. Non-Consumable Materials Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Non-Consumable Materials
Total Supplies and Materials Cost
6. Consultants (Type)Days
Rate per
Day Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Market Study $25,000 $25,000
Appraisal $25,000 $25,000
Total Consultants Cost $50,000 $0 $0 $0 $50,000 $0 $0 $0 $0
7. Contracts and Sub-Grantees (List individually)
7a. Contracts Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0
7b. Sub-Grantees (List individually)Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Sub-Grantees
Total Contracts and Sub-Grantees Cost
Previous versions of HUD-424-CBW are obsolete. 3 form HUD-424-CBW (2/2003)
Packet Pg. 789
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
8. Construction Costs
8a. Administrative and legal expenses Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Legal Fees $197,511 $197,511
Financing Fees $433,153 $433,153
Title Fees $80,000 $80,000
Subtotal - Administrative and legal expenses $710,664 $0 $0 $0 $710,664 $0 $0 $0 $0
8b. Land, structures, rights-of way, appraisal, etc Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Land, structures, rights-of way, …
8c. Relocation expenses and payments Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Relocation expenses and payments
8d. Architectural and engineering fees Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Architecture $2,500,000 $2,500,000
Subtotal - Architectural and engineering fees $2,500,000 $0 $0 $0 $2,500,000 $0 $0 $0 $0
8e. Other architectural and engineering fees Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Other architectural and engineering fees
8f. Project inspection fees Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Reports and Inspections $350,000 $350,000
Permit Fees $790,043 $790,043
Subtotal - Project inspection fees $1,140,043 $0 $0 $0 $1,140,043 $0 $0 $0 $0
Previous versions of HUD-424-CBW are obsolete. 4 form HUD-424-CBW (2/2003)
Packet Pg. 790
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
8g. Site work Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Site work
8h. Demolition and removal Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Demolition and removal
8i. Construction Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Structures & General Conditions $37,038,027 $5,000,000 $5,624,547 $2,948,834 $2,585,337 $9,900,000 $500,000 $10,479,309
Contractor Overhead & Profit $1,150,550 $1,150,550
Contractor bond and insurance $1,313,590 $1,313,590
Subtotal - Construction $39,502,167 $5,000,000 $5,624,547 $0 $5,412,974 $2,585,337 $9,900,000 $500,000 $10,479,309
8j. Equipment Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Subtotal - Equipment
8k. Contingencies Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Hard Cost contingency $4,248,664 $4,248,664
Soft Cost Contingency $572,096 $572,096
Subtotal - Contingencies $4,820,760 $0 $0 $0 $4,820,760 $0 $0 $0 $0
8l. Miscellaneous Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Construction Manager $144,000 $144,000
Construction period insurance $1,312,525 $1,312,525
Subtotal - Miscellaneous $1,456,525 $0 $0 $0 $1,456,525 $0 $0 $0 $0
Total Construction Costs $50,130,159 $5,000,000 $5,624,547 $0 $16,040,966 $2,585,337 $9,900,000 $500,000 $10,479,309
Previous versions of HUD-424-CBW are obsolete. 5 form HUD-424-CBW (2/2003)
Packet Pg. 791
Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017
Expiration: 1/31/2026
Applicant Name:City of San Bernardino
9. Other Direct Costs Quantity Unit Cost Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Item
Furnishings $150,000 $150,000
Marketing and Lease Up $80,000 $80,000
Developer fee $2,200,000 $2,200,000
GP Equity & Deferred developer fee $5,624,447 $5,624,447
Operating Reserves $386,781 $386,781
Loan Fees and Interest $3,931,841 $3,931,841
Total Other Direct Costs $12,373,069 $0 $0 $0 $12,373,069 $0 $0 $0 $0
Subtotal of Direct Costs $62,553,228 $5,269,640 $5,624,547 $0 $28,464,035 $2,585,337 $9,900,000 $500,000 $10,479,309
10. Indirect Costs Rate Base Estimated Cost HUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State Share Local/Tribal
Share
Other Program Income
Type
Total Indirect Costs
Total Estimated Costs $62,553,228 $5,269,640 $5,624,547 $0 $28,464,035 $2,585,337 $9,900,000 $500,000 $10,479,309
Previous versions of HUD-424-CBW are obsolete. 6 form HUD-424-CBW (2/2003)
Packet Pg. 792