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HomeMy WebLinkAbout09-04-2024 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, SEPTEMBER 04, 2024 4:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Rochelle Clayton COUNCIL MEMBER, WARD 2 ACTING 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 ACCOMMODATIONS 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 Acting City Manager Rochelle Clayton City Attorney Sonia Carvalho City Clerk Genoveva Rocha 4:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION P. 13 A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS Titles: City Manager; City Attorney; City Clerk (Initiation of Process) B)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Interim City Manager C)CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: Acting City Manager/Interim City Manager 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 Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Proclamation for National Library Card Sign­Up & Literacy Month in the City of San Bernardino – September 2024 (All Wards) P.14 PUBLIC HEARING 2. Public Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5) P.16 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024­190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024­191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1642 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2024­2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC­1642 for September 18, 2024. CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 4 CONSENT CALENDAR 3. Irrevocable Agreement to Annex No. 2024­379 (Ward 6) P.76 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 4. Irrevocable Agreement to Annex No. 2024­380 (Ward 6) P.92 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024­192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 5. San Bernardino Soccer Complex Lease Assignment with World Sports Arena, LLC (Ward 2) P.108 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­194, authorizing the City Manager to execute the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC. 6. Approve the proposed board for the “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation (All Wards) P.149 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024­196 approving the proposed list of community members to serve on the board of the recently approved California Non­Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” Mayor and City Council of the City of San Bernardino Page 5 7. Acceptance and Approval of Older Californians Nutrition Program Grant Award FY 2024/25 (All Wards) P.155 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­195: 1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three­year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS­PG); and 2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; 4. Approving certain related purchase orders to Sysco Foods ($215,600) and Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025. 8. Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park Improvements Project. (Ward 6) P.324 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­197: 1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance; and 2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 9. Award of Construction Agreement to F.E.C. Electric Inc. (Ward 2, Ward 4) P.334 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­199: 1. Approving the award of an Agreement with F.E.C. Electric, Inc. for $1,653,396.02 for the Construction of Speicher Park Multipurpose Field and Newmark Park Ballfields Improvements (Projects); and 2. Authorizing the project construction contingencies, and administrative costs in the amount of $550,000 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to utilize $2,000,000 from the Ballfiend Accessory Upgrades Project as follows: $1,130,254 to Newmark Ballfield Lighting and $869,746 to Speicher Park Multipurpose Field Lighting and 4. Authorizing the City Manager or designee to execute all documents with F.E.C. Electric, Inc. necessary to carry out the Projects; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Projects. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Mayor and City Council of the City of San Bernardino Page 6 10. Approving Amendment No. 2 to Cooperative Agreement No. 22­1002720 with the San Bernardino County Transportation Authority (SBCTA) for the State Route 210/ Waterman Avenue Interchange Project (Ward 7) P.492 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­198 1. Authorizing the Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $322,806 from the Measure I Fund, for a total­not­to exceed amount of $1,948,934. and; 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 22­1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR­210) interchange Project. DISCUSSION 11. Accept Three Million Dollars in Grant Funds from the County of San Bernardino for the City’s Navigation Center (All Wards) P.518 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­200: 1. Authorizing the City Manager, or designee, to accept grant funds in the amount of $3,000,000 from the County of San Bernardino; and 2. Authorizing the City Manager, or designee, to execute the Revocable Grant Agreement; and 3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the grant funds; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $3,000,000 in grant funds to be used towards the City’s Navigation Center. 12. Reaffirmation of Homelessness State of Emergency Declaration (All Wards) P.609 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2024­201, reaffirming the declaration of a Homelessness State of Emergency; and 2. Direct the City Manager or designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness, including the waiver of purchasing or bidding for physical shelter space. Mayor and City Council of the City of San Bernardino Page 7 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 September 18, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 8 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the September 4, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, August 30, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 9 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 10 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 11 ALTERNATE MEETING VIEWING METHOD: If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (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: Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 2:30 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. Written public commentswill not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup . Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted. 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. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at thefollowing regular meeting. MEETING TIME NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024: “Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 12 THIS PAGE INTENTIONALLY LEFT BLANK CLOSED SESSION City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney Subject:CLOSED SESSION Recommendation: A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS Titles: City Manager; City Attorney; City Clerk (Initiation of Process) B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Interim City Manager C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: Acting City Manager/Interim City Manager 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        Packet Page. 13 PRESENTATIONS City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for National Library Card Sign-Up & Literacy Month in the City of San Bernardino – September 2024 (All Wards)        Packet Page. 14 PROCLAMATION OF THE MAYOR AND CITY COUNCIL OBSERVING SEPTEMEMBER 2024, AS NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, in observance of September being National Library Card Sign-Up & Literacy Month, patrons are encouraged to visit one or more of the four San Bernardino Public Libraries, either in person to sign-up for a regular library card or virtually at www.sbpl.org to sign up for a digital library card to utilize online resources; and WHEREAS, weekly public service hours expanded to 40 three years ago; and WHEREAS, people visit in person or virtually, libraries offer endless opportunities to transform lives through education and lifelong learning; serving people of every age, education level, ethnicity and physical ability; WHEREAS, in addition to patrons checking out books and doing research our libraries offer various free activities, such as pre-school story time, crafts, workshops, author visits, entertainment programs, literacy services and various classes to help people improve their lives without cost; and WHEREAS, our online services for remote learners including eBooks and eAudiobooks, homework help via chat and others have been more valuable than ever to our patrons during the pandemic; and WHEREAS, more than 20,000 people have our library card; and WHEREAS, San Bernardino Public Library offers Literacy tutoring through the Jack L. Hill Lifelong Learning Center, providing services to adults, children, and families. Everyone is invited to participate in the many activities and events offered in the Learning Center, encouraging lifelong learning and developing workforce training and skills; and WHEREAS, our San Bernardino Public Library has served our community for 133 years and if there is any city that can benefit from a free public library, it is here. NOW THEREFORE, BE IT PROCLAIMED THAT, The Mayor and City Council of the City of San Bernardino, do hereby proclaim September 2024 as NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH. Presented this 4th Day of September 2024        Packet Page. 15 PUBLIC HEARING City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Public Hearing on Annexation No. 28 to Community Facilities District 2019-1 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1642 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and        Packet Page. 16 6. Schedule the adoption of Ordinance No. MC-1642 for September 18, 2024. Executive Summary The recommended action is the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on July 17, 2024, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-263, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. On July 17, 2024, the Mayor and City Council was presented with a request to adjust the rates previously approved on December 7, 2022, to include additional maintenance of slopes and open space. The Mayor and City Council adopted Resolution No. 2024- 152, declaring its intent to amend Resolution No. 2022-263 and adjust the rates previously approved. A public hearing was set for September 4, 2024, on the proposed amendment to Tax Zone 29 of CFD No. 2019-1.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 24.83 gross acres of a vacant residential lot within the City, requesting that the City assist them in amending CFD No. 2019-1 Tax Zone 29 under the Mello-Roos Act. The proposed project will remain unchanged and consist of 20 detached single-family lots. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City amend CFD No. 2019-1 Tax Zone 29 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within CFD No. 2019-1 Tax Zone 29 are the following: 1. Maintenance of median landscaping and other public improvements installed within the public right-of-way; and 2. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and 3. City and County costs associated with the setting, levying and collection of the        Packet Page. 17 special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. Tax Zone 29 is located at the intersection of Ohio Street and N Little League Drive, as shown in Attachment #13. The amended maximum annual special tax for this development has been calculated to be $954 per unit for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to amend CFD No. 2019-1 Tax Zone 29 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to amend the rate and method of apportionment of special taxes within Community Facilities District No. 2019-1 Tax Zone 29 (the special tax applies only to properties within the annexation area), adopted July 17, 2024. •Resolution calling an election to submit to the qualified electors the question of levying an amended special tax within Community Facilities District No. 2019-1 Tax Zone 29. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for September 18, 2024. Discussion The Resolution of Intention called for a public hearing to be held on September 4, 2024, on the issue of amending the special tax for CFD No. 2019-1 Tax Zone 29. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.   The adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is        Packet Page. 18 formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2024-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-___ declaring the results of the election. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-190 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28, Tax Zone 29); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-191 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1642 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community        Packet Page. 19 Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1642 for September 18, 2024. Attachments Attachment 1 - Resolution No. 2024-190- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot Attachment 5 - Exhibit D Full Text of Proposition Attachment 6 - Resolution No. 2024-191- Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1642 Attachment 9 - Exhibit A Description of Services Attachment 10 - Exhibit B Parcel List Attachment 11 - Petition Attachment 12 - PowerPoint Presentation Attachment 13 - Project Map Attachment 14 - Publication Notice Ward: Fifth Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019- 1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions        Packet Page. 20 of the “Mello-Roos Community Facilities Act of 1982”. January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522. July 17, 2024 Mayor and City Council adopted Resolution No. 2024-152 amending Resolution No. 2022-263 and adjust the special tax rates previously approved within Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.        Packet Page. 21 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 1 of 7 5 3 5 0 RESOLUTION NO. 2024-190 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING AN AMENDED SPECIAL TAX WITHIN THE AREA OF COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28, TAX ZONE 29) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on December 7, 2022, duly adopted Resolution No. 2022- 263 (the “Original Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 18, 2023; and WHEREAS, the City Council on January 18, 2023 duly adopted Resolution No. 2023-001 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities        Packet Page. 22 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 2 of 7 5 3 5 0 District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder; and WHEREAS, the City Council on July 17, 2024, duly adopted Resolution No. 2024-152 (the “Resolution of Intention”) amending special tax rates to CFD No. 2019-1 (Maintenance Services) Tax Zone 29 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for September 4, 2024; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 4, 2024, not earlier than the hour of 5:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed amendment of special tax rates to CFD No. 2019-1 Tax Zone 29. At the hearing, the testimony of all interested persons for or against the amendment of the special taxes will be heard. If and to the extent participation in the September 4, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1 Tax Zone 29, or by the owners of one-half (1/2) or more of the territory; and WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory of CFD No. 2019-1 Tax Zone 29 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the amendment of special tax rates to the CFD No. 2019-1 Tax Zone 29 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory of CFD No. 2019-1 Tax Zone 29 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and        Packet Page. 23 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 3 of 7 5 3 5 0 WHEREAS, the City Clerk has concurred in the election date set forth herein. 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.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to CFD No. 2019-1 Tax Zone 29 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the amendment of special tax rates of CFD No. 2019-1 Tax Zone 29, are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory of CFD No. 2019-1 Tax Zone 29, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory to the qualified electors, in accordance with        Packet Page. 24 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 4 of 7 5 3 5 0 and subject to the Act. The special election shall be held on September 4, 2024, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory of CFD No. 2019-1 Tax Zone 29 on July 22, 2024 (a date within the 90 days preceding the close of the public hearing on the amended special taxes of CFD No. 2019-1 Tax Zone 29), the qualified electors shall be the landowners within territory, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory of CFD No. 2019-1 Tax Zone 29. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory of CFD No. 2019-1 Tax Zone 29. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on September 4, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on September 4, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution of CFD No. 2019-1 Tax Zone 29 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.        Packet Page. 25 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 5 of 7 5 3 5 0 SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately.        Packet Page. 26 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 6 of 7 5 3 5 0 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 27 Resolution No. 2024-190 Resolution No. 2024-190 September 4, 2024 7 of 7 5 3 5 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-190, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 28 EXHIBIT A DESCRIPTION OF ANNEXED TERRITORY The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 28 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0348-111-51 Verdemont Ranch 20 LLC        Packet Page. 29 EXHIBIT B AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 30 “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 31 “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 32 “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 33 Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i)Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone 1 Taxable Unit RU Maximum Special Tax A $961 Tract TR 17170 Land Use Category Single Family Residential Property (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 34 TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone 1 Taxable Unit RU Maximum Special Tax A $961 Tract TR 17170 Land Use Category Single Family Residential On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 35 The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone 1 Taxable Unit RU Maximum Special Tax B (Contingent) $0 Tract TR 17170 Land Use Category Single Family Residential Property (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone 1 Taxable Unit RU Maximum Special Tax B (Contingent) $0 Tract TR 17170 Land Use Category Single Family Residential Property On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 36 Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Maximum Special Tax B (Contingent) $0 Tracts TR 17170 Taxable Unit 1 Acre On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 37 Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 38 I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 39 APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AMENDED COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 29 TR 17329 Item 1 Description Landscaping Estimated Cost $13,778 2 3 4 Lighting Reserves Admin $1,815 $2,222 $1,250 $19,064Total Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 29 FY 2024-25 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Single-Family Residential Multi-Family Residential Non-Residential Property Taxable Unit RU RU Acre Maximum Special Tax A $954 Maximum Special Tax B $0 $0 $0 $954 $915 TAX ZONE 29 FY 2024-25 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $915 $0 City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) 11        Packet Page. 40 TAX ZONE SUMMARY Tax Zone 1 2 3 4 5 6 7 Tract APN 17170 Fiscal Year Maximum Special Tax A $961 / RU Maximum Special Tax BAnnexation Original 1 Subdivider Santiago Communities, Inc. JEC Enterprises, Inc. GWS #4 Development, LLC Devore Storage Facility, LLC TH Rancho Palma, LLC Strata Palma, LLC 2019-20 2019-20 2020-21 2019-20 2020-21 2020-21 2020-21 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 2022-23 $0 / RU $0 / RU17329$473 / RU 2 3 4 5 6 7 8 9 PM 19814 0266-041-39 TR 20006 PM 19701 PM 20112 TR 20293 LM 2019-021 TR 20189 LD 1900086 TR 20305 LLA 2020-004 TR 5907 0136-191-21 TR 20216 TR 20145 CUP 20-07 TR 20258 LM 21-10 $608 / Acre $1,136 / Acre $344 / RU $0 / Acre $0 / Acre $57 / RU $528 / Acre $0 / Acre $334 / Acre $232 / Acre $154 / Acre $0 / Acre $0 / Acre $0 / Acre $0 / Acre $0 / Acre $0 / Acre $0 / RU $1,895 / Acre $3,197 / Acre $2,913 / Acre $815 / Acre $490 / Acre $1,472 / Acre $175 / Acre $1,169 / Acre $2,268 / Acre $5,277 / Acre $7,089 / Acre $646 / RU San Bernardino Medical Center LLC ICO Fund VI, LLC TR 2600 Cajon Industrial LLC Central Commerce Center, LLC Lankershim Industrial, LLC Prologis, LP Dreamland Real Estate Holdings Magic Laundry Services, Inc. Ahmad Family Trust 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Gateway SB, LLC RCH-CWI Belmont, LP George A. Pearson RGC Family Trust 170 East 40th Street, LLC 108 Highland, LP SBABP IV, LLC 1300 E Highland Ave LLC Vone SB, LLC PI Properties, LLC Pacific West Company, et al. $7,433 / Acre $0 / Acre $0 / RU$588 / RU $5,284 / Acre $6,397 / Acre $807 / Acre $847 / Acre $1,385 / Acre $174 / RU $0 / Acre $0 / Acre $0 / Acre $320 / Acre $978 / Acre $17 / RU $45 / RU LM 22-04 LM 2021-013 TR 4592 LLA 2020-005 TR 20494 TR 20495 $204 / RU To Be Determined $1,851 / Acre $954 / RU $922 / Acre $2,957 / Acre $358 / Acre 28 29 30 31 32 PM 20320 TR 17329 LL 2022-11 PM 20143 PM 20334 PM 3613, 2022-23 2024-25 2022-23 2022-23 2023-24 $292 / Acre $0 / RU $372 / Acre $1,855 / Acre $94 / Acre SB Drake Central Avenue LLC Verdemont Ranch 20, LLC CIVF VI – CA1W01, LLC California Cajun Properties LLC Elliott Precision Block Co. 32 33 34 33 34 35 2022-23 2023-24 2023-24 $1,094 / Acre $2,785 / Acre $533 / Acre $186 / Acre $158 / Acre $193 / Acre S.B. Universal Self Storage LLC4230 & 4250 PM 20392 GWS#7 Development, LLC MLG SB Land LLC & Grandfather’s Land Holdings LLCCUP 21-16 35 36 37 36 37 38 CUP 22-03 LM 2022-007 TR 18895 2023-24 2023-24 2023-24 $6,648 / Acre $1,261 / Acre $706 / RU $0 / Acre $0 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC DP Industrial Parkway LLC MV RE Holdings LLC In-N-Out Burgers, a California Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre 39 40 41 40 41 42 LM 2022-19 LLA 2023-010 PM 20216 2023-24 2023-24 2023-24 $473 / Acre $2,132 / Acre $7,925 / Acre $0 / Acre $0 / Acre $0 / Acre PME Oakmont Tippecanoe LP Shandon Hills Plaza LLC Inland Maple Partners LLC City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) 12        Packet Page. 41 Tax Zone 43 44 45 Tract APN PM 20527 PM 18704 PM 20412 Fiscal Year 2023-24 2023-24 2023-24 Maximum Special Tax A $7,172 / Acre $1,672 / Acre $1,826 / Acre Maximum Special Tax B $0 / Acre $0 / Acre $0 / Acre Annexation Subdivider Gateway SB LLC Paladin Equity SB LLC GWS #8 Development, LLC 43 44 45 ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 42 APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a)maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b)maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c)public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services)        Packet Page. 43 APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) 15        Packet Page. 44        Packet Page. 45        Packet Page. 46 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29 (September 4, 2024) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Verdemont Ranch 20, LLC 24.83 25 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory of CFD No. 2019-1 Tax Zone 29, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 21, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 4, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 4, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk        Packet Page. 47 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Verdemont Ranch 20, LLC Attn: Felizardo Robles Jr. 434 N. 2nd Ave. Upland, CA 91786 0348-111-51 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Single-Family Residential RU $954 plus an annual increase on each July 1, commencing July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting and landscaping as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-152 adopted by the City Council of the City of San Bernardino on July 17, 2024, and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Felizardo Robles Jr. Manager Signature Print Name Title        Packet Page. 48 EXHIBIT D FULL TEXT OF PROPOSITION SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING AN AMENDED SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (TAX ZONE 29) September 4, 2024 SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Single-Family Residential RU $954 plus an annual increase on each July 1, commencing July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting and landscaping as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-152 adopted by the City Council of the City of San Bernardino on July 17, 2024, and shall an appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?        Packet Page. 49 Resolution No. 2024-191 Resolution No. 2024-191 September 4, 2024 1 of 3 5 3 5 5 RESOLUTION NO. 2024-191 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28, TAX ZONE 29) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the amendment to special taxes of Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-191 calling a special election for September 4, 2024, and submitting to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated September 4, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. 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.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine amendment of special taxes within the territory of CFD No. 2019-1 Tax Zone 29 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Section        Packet Page. 50 Resolution No. 2024-191 Resolution No. 2024-191 September 4, 2024 2 of 3 5 3 5 5 53339.8, to annually levy special taxes within the territory to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-152 adopted by the Mayor and City Council on July 17, 2024. The boundaries of the territory are shown on the map entitled, "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder. SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including Tax Zone 29. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 51 Resolution No. 2024-191 Resolution No. 2024-191 September 4, 2024 3 of 3 5 3 5 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-191, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 52 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 22, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO Verdemont Ranch 20, LLC 25 25 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot)        Packet Page. 53 Ordinance No. MC-1642 1 5 3 5 7 ORDINANCE NO. MC-1642 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on September 4, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on        Packet Page. 54 Ordinance No. MC-1642 2 5 3 5 7 the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2024. Helen Tran, Mayor City of San Bernardino        Packet Page. 55 Ordinance No. MC-1642 3 5 3 5 7 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 56 Ordinance No. MC-1642 4 5 3 5 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1642, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of September, 2024. Ordinance No. MC1642 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2024 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 _____, 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 57 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.        Packet Page. 58 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25 (Effective as of September 18, 2024) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-811-01 thru -13 and 0142-811-14 Cauffman Family Trust 5/4/11 0142-041-52 1 17329, LLC 0261-031-10, -13, 0261-771-01 thru -29 and 0348-111-52 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-761-01 thru -65 and 0261-762-01 thru -72 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC 0281-441-01 thru -56 and 0281-442-01 thru -55 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-29 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27, 0137-052-46, 0274-011-11, -12, - 34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-33, -40, -44 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 RGC Family Trust 0142-325-04 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 SBABP IV, LLC 0136-371-36, -37, -40, -43 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18 24 PI Properties, LLC 0143-191-59 25 Pacific West Company, Chenmei Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25        Packet Page. 59 Annexation Owner Assessor's Parcel Numbers 26 To Be Determined 27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38 28 Verdemont Ranch 20, LLC 0348-111-51 29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15 30 California Cajun Properties LLC 0261-182-43 31 Elliott Precision Clock Co. 0142-211-29 32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41 33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10 34 MLG SB Land, LLC & Grandfather’s Land Holdings, LLC 0280-091-27 35 SimonCRE JC Saguaro III, LLC 0285-742-18 36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40        Packet Page. 60        Packet Page. 61        Packet Page. 62        Packet Page. 63        Packet Page. 64        Packet Page. 65 Public Hearing: CFD No. 2019-1, Tax Zone 29 Amendment: TR 17329 (Verdemont Ranch 20, LLC) Presented By: Spicer Consulting Group        Packet Page. 66 Public Hearing on CFD 2019-1 Tax Zone 29 Amendment Recommended Action: 1. City Council initiate amendment of special tax rates to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) tax zone 29 ("CFD No. 2019-1" or "CFD") by taking the following actions: a. Hold public hearing, b. Adopt a Resolution calling the election, c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and 2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and 3. Schedule the adoption of the Amended Ordinance for September 18, 2024.        Packet Page. 67 Public Hearing on CFD 2019-1 Tax Zone 29 Amendment Discussion: •The Property Owner, Verdemont Ranch 20, LLC, has requested the City assist them in amending the special taxes within CFD No. 2019-1 Tax Zone 29 to cover the additional costs associated with including additional slopes and open space with the maintenance of Public Improvements. •The proposed project will include 20 detached single-family lots. The development was fully approved on September 22, 2020. •The area proposed within Annexation No. 28 includes one (1) parcel, APN 0348-111-51. •On July 17, 2024, the City Council adopted Resolution No. 2024-152, a Resolution of Intention to amend the special tax rates of CFD No. 2019-1 Tax Zone 29 and hold a Public Hearing on September 4, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $954 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 29. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.        Packet Page. 68 Public Hearing on CFD 2019-1 Tax Zone 29 Amendment Discussion (Cont.): •The services, which may be funded with proceeds of the special tax include but are not limited to: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including streetlights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.        Packet Page. 69 Project Location •The property is located at the intersection of Ohio Street and N Little League Drive •Ward: Fifth Ward        Packet Page. 70 Public Hearing on CFD 2019-1 Tax Zone 29 Amendment Fiscal Impact: •It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $19,064. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.        Packet Page. 71 Questions?        Packet Page. 72 MAGNOLIA AVEGARFIELD STMEYERSR D OHIO AVE CYPRESS AVEBELMONT AVE LITTLE LEAGUE DROHIO ST ^_KENDALLDR PALM AVEBELMONT AVE OHIO AVE WALNUT AVECAMBRIDGE AVEMEYERS RD CAJO N BLVD £¤66 §¨¦15 §¨¦215 ·|}þ138 ·|}þ18 CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 28 PROJECT MAP        Packet Page. 73 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION 2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 909) 889-9666 (909) 884-2536 SB 3841573 Nessa Morales CITY OF SAN BERNARDINO/CITY CLERK - LEAD 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING Notice of PH Annex 28 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 08/19/2024 08/19/2024 SAN BERNARDINO A000006846666! Email NOTI CE OF PUB LIC HEARI NG ON INTENTION TO AM END SPECIAL TAX WITHIN COMMUNITY FA CILITIES DISTRI CT 2019-1 MAINTENANCE SERVICES) TAX ZONE 29 NOTICE IS HEREB Y GIVENthat the City Council of the City of San Bernardino on July 17,2024 adopted its Resolution No.2024-152,in which it declared its intention to amend special tax rates to existing Community Facilities District No. 2019-1 (Maintenance Services)Tax Zone 29 (the "CFD No.2019-1"),and to levy an amended special tax to pay for certain maintenance services,all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5,Part 1,Division 2,Title 5 of the California Government Code.The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax.No change in the tax levied in the existing CFD No.2019-1 is proposed. NOTICE IS HEREB Y FURTHER GIVEN that the City Council has fixed 4:00 p.m.,or as soon thereafter as practicable,Wednesday, September 4,2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street,San Bernardino, California,as the time and place when and where the City Council will conduct a public hearing relative to the proposed amendment of special tax rates to CFD No.2019-1 Tax Zone 29.At the hearing,the testimony of all interest persons for or against the amendment of the special taxes will be heard.If and to the extent participation in the September 4, 2024 meeting must occur by teleconference,videoconference,or other electronic means authorized by the Ralph M.Brown Act or an Executive Order of the Governor of California,the means and methods for participating the meeting shall be posted on the Agenda for said meeting,which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino www.sbcity.org),and outside of the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,92410.A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED:____________,2024 PUB:_______________,2024        Packet Page. 74 City Clerk of the City of San Bernardino 8/19/24 SBS-3841573#        Packet Page. 75 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Irrevocable Agreement to Annex No. 2024-379 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Executive Summary In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2210 Ogden Street (APN: 0267- 091-17) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel. Background In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2210 Ogden Street (APN: 0267- 091-17) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to        Packet Page. 76 approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. The unincorporated area of San Bernardino County, otherwise known as Muscoy, is contiguous to City boundaries; however, annexation of this individual property would result in other islands. In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 18-inch vitrified clay pipe sanitary sewer main within Duffy Street, fronting the subject parcel and the department can serve this parcel. LAFCO requires the Agency providing the service to complete the application. The Resolution will allow the city to submit an application to LAFCO if approved by the Mayor and City Council. The Irrevocable Agreement to Annex will be executed between the City and the applicant. 2021-2025 Strategic Targets and Goals The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-193 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to        Packet Page. 77 provide City sewer services to a property located at 2210 Ogden Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 - Resolution No. 2024 -193 Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map Attachment 4 – Exhibit C - Application Ward: Sixth Ward Synopsis of Previous Council Actions: September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.        Packet Page. 78 Resolution No. 2024-193 Resolution No. 2024-193 September 4, 2024 Page 1 of 3 5 2 3 2 RESOLUTION NO. 2024-193 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO A PROPERTY LOCATED AT 2210 OGDEN STREET, SAN BERNARDINO, CALIFORINA, WITHIN THE UNICORPORATED COUNTY OF SAN BERNARDINO TERRITORY OF MUSCOY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, Cobra 28 No. 5, a California Limited Partnership, the owner of the property located at 2210 Ogden Street, San Bernardino, California, in the unincorporated area known as Muscoy, also known as Assessor’s Parcel Number 0267-091-17, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 2210 Ogden Street, Assessor’s Parcel Number 0267-091-17, more fully described as follows: The East ½ of Lot 469 of Tract No. 2324, County of San Bernardino, State of California, as per Map recorded in Book 33, Page 63-65 of Maps, in the        Packet Page. 79 Resolution No. 2024-193 Resolution No. 2024-193 September 4, 2024 Page 2 of 3 5 2 3 2 Office of the County Recorder of said County. Excepting therefrom the North 210 feet APN: 0267-091-17-0000 SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-379, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 80 Resolution No. 2024-193 Resolution No. 2024-193 September 4, 2024 Page 3 of 3 5 2 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. 2024-193, adopted at a regular meeting held on the 4th day of Septmber 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 81 5 2 3 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee pursuant to Gov't Code §§ 27383, 6103 (Space above for Recorder’s use) IRREVOCABLE AGREEMENT TO ANNEX No. 2024-379 This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 4th day of September, 2024; by and between Cobra 28 No. 5, a California Limited Partnership, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, OWNER holds title to the one parcel, APN 0267-091-17-0000, located at 2210 Ogden Street, San Bernardino, California, and parcel is further described as follows: The East ½ of Lot 469 of Tract No. 2324, County of San Bernardino, State of California, as per Map recorded in Book 33, Page 63-65 of Maps, in the Office of the County Recorder of said County. Excepting therefrom the North 210 feet APN: 0267-091-17-0000 WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors and assigns.        Packet Page. 82 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 NOW, THEREFORE, the Parties hereto agree as follows:        Packet Page. 83 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 SECTION I OWNER AGREES: a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may        Packet Page. 84 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the        Packet Page. 85 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.        Packet Page. 86 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO Approved By: OWNER __________________________________ _______________________________ Rochelle Clayton Cobra 28 No. 5, LP Acting City Manager Signature Michael Brown _________ Name __________________________________ City Attorney _______________________________ Signature Attested By: ____ Name __________________________________ Genoveva Rocha CMC, City Clerk        Packet Page. 87 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)        Packet Page. 88 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-379 LAFCO SC # _____ 5 2 3 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)        Packet Page. 89 EXHIBIT B Vicinity Map Annex 2024-379 (Ward 6)        Packet Page. 90        Packet Page. 91 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Irrevocable Agreement to Annex No. 2024-380 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Executive Summary The recommended action will allow the property owner to initiate the process to connect to the City of San Bernardino Water Department for sewer services. This process also requires the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Background In November 2022, the San Bernardino Water Department received a request for sewer service from the owners of a parcel located at 2179 Blake Street (APN: 0268- 031-07) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and        Packet Page. 92 creates confusion regarding the delivery of other City services. This unincorporated area of San Bernardino County is contiguous to City boundaries; however, annexation of this property alone would result in other islands. In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 21-inch vitrified clay pipe sanitary sewer main within Blake Street, fronting the subject parcel and the department can serve this parcel. LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant. 2021-2025 Strategic Targets and Goals The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-192 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2179 Blake Street, San Bernardino, California, within the unincorporated County of San Bernardino territory of        Packet Page. 93 Muscoy; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 - Resolution No. 2024 -192 Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map Attachment 4 – Exhibit C - Application Ward: Sixth Ward Synopsis of Previous Council Actions: September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.        Packet Page. 94 Resolution No. 2024-192 Resolution No. 2024-192 September 4, 2024 Page 1 of 3 5 2 3 6 RESOLUTION NO. 2024-192 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO A PROPERTY LOCATED AT 2179 BLAKE STREET, SAN BERNARDINO, CALIFORINA, WITHIN THE UNICORPORATED COUNTY OF SAN BERNARDINO TERRITORY OF MUSCOY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, SPSSM INVESTMENTS-IX, LP, a California Limited Partnership, the owner of the property located 2179 Blake Street, San Bernardino, California, in the unincorporated area known as Muscoy, also known as Assessor’s Parcel Number 0268-031-07, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 2179 Blake Street, Assessor’s Parcel Number 0268-031-07, more fully described as follows: The East 50 feet of the North 143 feet of Lot 346        Packet Page. 95 Resolution No. 2024-192 Resolution No. 2024-192 September 4, 2024 Page 2 of 3 5 2 3 6 of Tract No. 2258, in the County of San Bernardino, State of California, as per Map on file in Book 32 Page(s) 72-77 inclusive of Maps, Records of San Bernardino County, California APN: 0268-031-07-0000 SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2024-379, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 96 Resolution No. 2024-192 Resolution No. 2024-192 September 4, 2024 Page 3 of 3 5 2 3 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-192, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 97 5 2 3 7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee pursuant to Gov't Code §§ 27383, 6103 (Space above for Recorder’s use) IRREVOCABLE AGREEMENT TO ANNEX No. 2024-380 This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 4th day of September, 2024; by and between SPSSM INVESTMENTS-IX, LP, a California Limited Partnership, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, OWNER holds title to the one parcel, APN 0268-031-07-0000, located at 2179 Blake Street, San Bernardino, California, and parcel is further described as follows: The East 50 feet of the North 143 feet of Lot 346 of Tract No. 2258, in the County of San Bernardino, State of California, as per Map on file in Book 32 Page(s) 72-77 inclusive of Maps, Records of San Bernardino County, California APN: 0268-031-07-0000 WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors and assigns.        Packet Page. 98 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 NOW, THEREFORE, the Parties hereto agree as follows:        Packet Page. 99 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 SECTION I OWNER AGREES: a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and their Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER and their Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code, General Plan (emphasis on the circulation plan-street section) and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successors failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may        Packet Page. 100 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the        Packet Page. 101 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h. This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino.        Packet Page. 102 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO Approved By: OWNER __________________________________ _______________________________ Rochelle Clayton SPSSM INVESTMENTS-IX, LP Acting City Manager Signature Michael Brown _ _ _________ Name __________________________________ City Attorney _______________________________ Signature Attested By: ____ Name __________________________________ Genoveva Rocha CMC, City Clerk        Packet Page. 103 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)        Packet Page. 104 IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-380 LAFCO SC # _____ 5 2 3 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On before me, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)        Packet Page. 105 EXHIBIT B Vicinity Map Annex 2024-380 (Ward 6)        Packet Page. 106 Packet Page 108 1 9 3 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:San Bernardino Soccer Complex Lease Assignment with World Sports Arena, LLC (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-194, authorizing the City Manager to execute the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC. Executive Summary The recommended action will assign the San Bernardino Soccer Complex Lease from San Bernardino Soccer, LLC, to World Sports Arena, LLC. The Lease Agreement is good through September 30, 2025, and carries three (3) five-year extension options. All terms of the Lease Agreement with San Bernardino Soccer, LLC, will remain unchanged once the Lease is assigned to World Sports Arena, LLC. Background On October 19, 2015, the Mayor and City Council approved the lease agreement between the City of San Bernardino and San Bernardino Soccer, LLC with a good through date of September 30, 2025. Shortly after the execution of the Lease, San Bernardino Soccer, LLC, contracted Roberto Gomide to manage the day-to-day operations which included capital upgrades, field reconstruction, maintenance, promotion, and event hosting. Gomide and his team have established the facility as a premier regional soccer destination, hosting some of the most prestigious youth soccer tournaments on the West Coast. The Lease Agreement with San Bernardino Soccer, LLC, is good through September        Packet Page. 108 1 9 3 5 30, 2025, and carries three (3) five-year extension options. The Lease Agreement outlines the operation and maintenance requirements of the San Bernardino Soccer Complex, which included the establishment and funding of a capital improvement program for the long-term care of the facility. The San Bernardino Soccer Complex is City-owned and consists of 47 acres of open green space that includes 17 full-sized soccer fields, 4 of which are lighted for night play. The facility is designed for soccer tournaments and practice, and is ideal for regional, national, and international tournaments. The San Bernardino Soccer Complex has served as the site for the USYSA Regional Championships, as well as headquarters for State and National Cups. Discussion On October 23, 2023, the City received a request from San Bernardino Soccer, LLC, to assign the Lease between the City of San Bernardino and San Bernardino Soccer, LLC, to World Sports Arena, LLC. Pursuant to Section 25 of the Lease Agreement, the Lease may not be assigned without the prior written consent of the City of San Bernardino. Roberto Gomide is the founder and CEO of World Sports Arena, LLC, and has managed the day-to-day operations of the San Bernardino Soccer Complex since 2015. In June of 2023, David Elmore, Managing Member of San Bernardino Soccer, LLC, passed away requiring organizational changes within San Bernardino Soccer, LLC. San Bernardino Soccer, LLC, has requested that the Lease be appropriately assigned to Roberto Gomide and World Sports Arena, LLC. The requested Lease Assignment to World Sports Arena, LLC, will not modify the terms of the San Bernardino Soccer Complex Lease Agreement. Staff recommends that the Mayor and City Council authorize the Lease Assignment from San Bernardino Soccer, LLC, to World Sports Arena, LLC. Roberto Gomide and his team have transformed the San Bernardino Soccer Complex into a world class soccer destination. 2021-2025 Strategic Targets and Goals This request is consistent with Key Target No. 4 Economic Growth & Development. The lease assignment aligns with the goals of the City as it assures the continuance of soccer complex operation for public enjoyment. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All terms of the original lease will remain in effect. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-194, authorizing the City Manager to execute        Packet Page. 109 1 9 3 5 the Lease Assignment Agreement for the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California; assigning the Lease with San Bernardino Soccer, LLC, to World Sports Arena, LLC. Attachments Attachment 1 – Resolution No. 2024-194 Attachment 2 – Exhibit A - Lease Agreement with San Bernardino Soccer, LLC Attachment 3 – Assignment and Consent to Assignment Agreement Ward: Second Ward Synopsis of Previous Council Actions: October 1, 2015 The Mayor and City Council adopted Resolution No. 2015-229, approving a Lease Agreement with San Bernardino Soccer, LLC, for the management of the San Bernardino Soccer Complex        Packet Page. 110 Resolution No. 2024-194 Resolution No. 2024-194 September 4, 2024 Page 1 of 3 RESOLUTION NO. 2024-194 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE ASSIGNMENT AGREEMENT FOR THE SAN BERNARDINO SOCCER COMPLEX, LOCATED AT 2500 PACIFIC STREET, SAN BERNARDINO, CALIFORINIA; ASSIGNING THE LEASE WITH SAN BERNARDINO SOCCER, LLC, TO WORLD SPORTS ARENA, LLC WHEREAS, The City of San Bernardino and San Bernardino Soccer, LLC, have entered into a Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and is incorporated herein by this reference; and WHEREAS, San Bernardino Soccer, LLC, (Assignor) now desires to assign the Agreement to World Sports Arena, LLC, (Assignee) all its rights, duties, and obligations in, to, and under the Agreement (“Assignment”); and WHEREAS, Pursuant to Section 25 (Assignment) of the Agreement, an assignment shall not be permitted without the prior written consent of the City and any attempted assignment without such consent shall be invalid and void; and WHEREAS, the Assignor and Assignee are now requesting to obtain the City’s prior written consent to allow the Assignment. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Assign. The Mayor and City Council hereby consent to the Lease Assignment Agreement regarding the San Bernardino Soccer Complex, located at 2500 Pacific Street, San Bernardino, California, and hereby authorize the lease assignment from San Bernardino Soccer, LLC, to World Sports Arena, LLC. SECTION 2.Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: That Assignee is an organization in good standing and exists under the laws of the State of California. SECTION 3. Assignment, Assumption, and No Release. Assignor hereby assigns all of Assignor’s right, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges, and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement. SECTION 4. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule        Packet Page. 111 Resolution No. 2024-194 Resolution No. 2024-194 September 4, 2024 Page 2 of 3 that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 112 Resolution No. 2024-194 Resolution No. 2024-194 September 4, 2024 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-194, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 113        Packet Page. 114        Packet Page. 115        Packet Page. 116        Packet Page. 117        Packet Page. 118        Packet Page. 119        Packet Page. 120        Packet Page. 121        Packet Page. 122        Packet Page. 123        Packet Page. 124        Packet Page. 125        Packet Page. 126        Packet Page. 127        Packet Page. 128        Packet Page. 129        Packet Page. 130        Packet Page. 131        Packet Page. 132        Packet Page. 133        Packet Page. 134        Packet Page. 135        Packet Page. 136        Packet Page. 137        Packet Page. 138        Packet Page. 139        Packet Page. 140        Packet Page. 141 ROBERTO J. GOMIDE Founder and CEO of World Sports Solutions International Founder and CEO of World Sports Solutions Intl, one of the primary Sports Contractors in Brazil, Roberto has been working for the past 20 years on developing of the Sports industry with focus on the Turf market as well as Professional and Amateur Soccer, Soccer Academies, Golf Courses and Sports Fields. Having held several executive positions in South America and in the USA, and with a strong partnership with top European Professionals and technologies, Roberto and World Sports are playing a significant role in many projects related to the new stadiums for the FIFA 2014 World Cup in Brazil. Of the 14 new stadiums being built in Brazil, 12 are for the 2014 World Cup, and 2 comply with FIFA standards, and World Sports had participation in several of them. From initial design to the final development of the pitch, these stadiums employ state of the art technologies, involving such elements as turf reinforcements, cooling systems and growth light systems. Residing in the USA since 2014, Roberto has been the driving force behind World Sports, a company dedicated to providing top-tier sports services to the American market. Under his leadership, World Sports has expanded its presence with branches in Nevada, California, and Florida. Since 2014, World Sports has successfully incorporated numerous prestigious services and established valuable partnerships with various sports entities, including sports groups, golf courses, professional clubs, schools, universities, sports associations, and municipalities. Notably, World Sports has forged partnerships with prominent organizations such as the NFL, The Elmore Group, Dallas Cowboys, and Orlando City MLS, among many others. Roberto's commitment and vision have elevated World Sports to become a trusted name in the sports industry, ensuring the delivery of exceptional services and opportunities to sports enthusiasts across the United States. Contact: Roberto Gomide: (858) 366-2510 roberto@worldsportsusa.com www.worldsportsusa.com / www.worldsports.com.br        Packet Page. 142 -1- ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT FOR THE LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX THIS ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT (“Consent”) is made as of this 4th day of September, 2024 (“Effective Date”), by and among the City of San Bernardino, a charter city and municipal corporation (“City”), San Bernardino Soccer, LLC, a California limited liability company, (“Assignor”), and World Sports Arena, LLC, a California limited liability company (“Assignee”). City, Assignor and Assignee may be individually referred to herein as a “Party,” and collectively referred to as the “Parties.” RECITALS A. City and Assignor have entered into the Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “ Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this reference. B. Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement (“Assignment”). C. Pursuant to Section 25 of the Agreement, an assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be invalid and void. D. Assignor and Assignee desire to obtain City’s consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions. NOW, THEREFORE, in consideration of the mutual covenants contained in this Consent, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, the Parties agree as follows. AGREEMENT 1.Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: 1.1 That Assignee is an organization in good standing and validly existing under the laws of the State of California. 1.2 That the execution, delivery and performance of the Agreement by Assignee have been duly authorized. 2.Assignment, Assumption and No Release. Assignor hereby assigns all of Assignor’s rights, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement.        Packet Page. 143 -2- City shall have the same rights and remedies as against the Assignee as City under the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignee shall have the same rights and remedies as against the City as Assignor under the terms and provisions of the Agreement has against City with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full 3.References. All references and meaning assigned to the term “Lessee” in the Agreement shall be understood to mean Assignee and shall include all of the corresponding rights, obligations and benefits thereof as provided by this Consent and the Agreement. 4.Subsequent Assignments. This Consent does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City under Section 25 of the Agreement to any future assignment. Notwithstanding the foregoing, City may consent to subsequent assignments of the Agreement, or amend the Agreement without notifying Assignee, including but not limited to any of Assignee’s guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability. 5.Default; Breach. In the event of any default or breach of Assignee under the Agreement, City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting City’s remedies against any other person or entity liable under the Agreement to City. 6.Termination. Any termination rights of either Party to terminate the Agreement shall be in accordance with the terms of the Lease. 7.Effect of Execution. Assignee’s execution of this Consent shall be deemed an execution by Assignee of the Agreement. Upon execution of this Consent, Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder. 8.General Provisions. 8.1 Invalidity. If this Consent or the Assignment is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the Agreement as originally executed shall nevertheless be deemed to remain in full force and effect as if this Consent and the Assignment had not been made or attempted. 8.2 Severability. If any term or other provision of this Consent is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Consent shall remain in full force and effect.        Packet Page. 144 -3- 8.3 Governing Law. This Consent will be construed in accordance with and will be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. 8.4 Notices. Notices, offers, requests or other communications required or permitted to be given by the Parties pursuant to the terms of this Consent shall be given in writing to the respective Parties. 8.5 Counterparts. This Consent may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. 8.6 Binding Effect; Assignment. This Consent shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Consent, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Consent. Assignee may not assign this Consent nor any rights or obligations hereunder, without the prior written consent of the City, and any such assignment shall be void. 8.7 Authority. Each of the Parties hereto represents to the other Parties that (a) it has the requisite power and authority to execute, deliver and perform this Consent; (b) the execution, delivery and performance of this Consent by it have been duly authorized by all necessary corporate or other actions; (c) it has duly and validly executed and delivered this Consent; and (d) this Consent is a legal, valid and binding obligation, enforceable against it in accordance with its terms. 8.8 Interpretation. The headings to sections contained in this Consent are included for reference purposes only and shall not affect or modify in any way the meaning or interpretation of this Consent. 8.9 Attorneys’ Fees. Should any of the Parties initiate any action at law or in equity to enforce or interpret the terms of this Consent, the prevailing Party(ies) shall be entitled to reasonable attorneys’ fees and legal costs from the non-prevailing Party(ies) in addition to any other appropriate relief. 8.10 Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive, impair, or affect any of the covenants, agreements, terms, provisions, or conditions contained in the Agreement. 8.11 Entire Agreement; Amendment. This Consent constitutes the final, complete and exclusive statement between the Parties to this Consent pertaining to the terms of City’s consent to the Assignment and supersedes all prior and contemporaneous written and oral agreements. No Party has been induced to enter into this Consent by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Consent. Any agreement made after the date of this Consent is ineffective to modify, waive or terminate this Consent, in whole or in part,        Packet Page. 145 -4- unless that agreement is in writing, is signed by the City and Assignee, and specifically states that agreement modifies this Consent. 8.12 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. [SIGNATURES ON FOLLOWING PAGE]        Packet Page. 146 -5- SIGNATURE PAGE TO ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT FOR LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX WHEREFORE, the City, Assignor and Assignee have executed this Consent as of the Effective Date first set forth above. FOR CITY: APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney FOR ASSIGNOR: SAN BERNARDINO SOCCER, LLC By: Printed Name: Jill Roberts Its: Authorized Representative By: Printed Name: Its: FOR ASSIGNEE: WORLD SPORTS ARENA, LLC By: Printed Name: Roberto Gomide Its: Authorized Representative        Packet Page. 147 -6- EXHIBIT “A” LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX [Attached Behind This Page]        Packet Page. 148 2 1 1 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation & Community Services Subject:Approve the proposed board for the “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation” (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-196 approving the proposed list of community members to serve on the board of the recently approved California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” Executive Summary Approval of the proposed list of community members to serve on the board of the California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation will enable the City to take a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities. Background In discussions for developing increased support avenues for funding future programs, services, and enhancement of amenities at Parks, Recreation and Open Space locations, the Parks, Recreation and Community Services Department a Nonprofit Public Benefit Corporation was approved for establishment. This entity will actively raise funds for programs and services to benefit residents and visiting community to take part in positive recreational experiences at our parks, community centers and open space areas. Establishing the "Friends of San Bernardino Parks, Recreation and Open Space Foundation" as a non-profit fundraising entity is a strategic move with numerous benefits for the community. The approval of the board members is necessary to conduct the first meeting for the        Packet Page. 149 2 1 1 8 Friends of San Bernardino Parks, Recreation and Open Spaces Foundation and finalize its establishment. Discussion A Park and Facility Assessment has been completed by our Parks and Recreation Master Plan Consultants and partners which will provide the Mayor and City Council a detailed and prioritized list of needs for improvement. A key component of the assessment included the identification of key community organizations and stakeholders. The proposed list of board members are community leaders with a history of collaboration with the City and Parks, Recreation and Community services Department to fulfill the needs of the community and provide quality events, programs, and services. It's crucial for local residents, community organizations, and policymakers to work collaboratively to find sustainable solutions and ensure that everyone has access to quality parks and recreational facilities. The following community leaders are proposed to serve on the board of the Friends of San Bernardino Parks, Recreation and Open Spaces Foundation: · Alejandro Gutierrez-Chavez, Executive Director of the Arts Connection · Christian Mariscal, Local Artist (Utility Box and multiple city-wide murals) · Steve Filson, Director of Security and Cadet Services, Public Safety Academy · Terry Boykins, Executive Director of Project Fighting Chance · Robin McKinnan, Director of Knock It Off and ForGive Foundation · Sandra Ibarra, City of San Bernardino Councilmember, Ward 2 The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation, will be a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities. A list of areas of focus for the Friends of San Bernardino Parks, Recreation and Open Space Foundation would be as follows: Fundraising and Grant Writing Community Engagement and Advocacy Public-Private Partnerships Programming and Events Long-Term Planning: Master Planning Support Sustainable Funding Strategies By taking a multifaceted approach that combines fundraising, community engagement, and advocacy, a nonprofit foundation like The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation will play a vital role in addressing funding gaps and fostering a thriving community through well-maintained and accessible parks and recreational spaces. 2021-2025 Strategic Targets and Goals Developing a foundation of community partners dedicated to allocating funds that        Packet Page. 150 2 1 1 8 assist with subsidizing the cost of renovations and development of parks and open space aligns with Strategic Goal #1: Improved Operational & Financial Capacity by establishing a nonprofit to help cover the cost of Department programs, reducing the strain on the City’s General Fund, Strategic Goal #3: Improved Quality of Life by enhancing our parks, community centers and open space areas for residents to partake in physical, mental and overall healthier living practices. Fiscal Impact There is no General Fund impact associated with this action. Friends of San Bernardino Parks, Recreation and Open Spaces Foundation is a distinct and separate entity in itself with its own Tax Identification Number; therefore, the Finance Department will create a separate fund for the non-profit, and receipts and disbursements will be recorded in its own fund, separate from the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2024-196 approving the proposed list of community members to serve on the board of the recently approved California Non-Profit “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation.” Attachments Attachment 1- Resolution 2024-196; Approval of Proposed Board Members for PROS Foundation Ward: All Wards Synopsis of Previous Council Actions: On January 17, 2024 the Mayor and City Council of the City of San Bernardino authorized the City Manager, or designee to take the steps necessary to establish a California Nonprofit names “Friends of San Bernardino Parks, Recreation and Open Spaces Foundation” to support the Department of Parks, Recreation and Community Services programs and initiatives.        Packet Page. 151 Resolution No. 2024-196 Resolution 2024-196 September 4, 2024 Page 1 of 3 4 7 9 1 RESOLUTION NO. 2024-196 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PROPOSED LIST OF COMMUNITY MEMBERS TO SERVE ON THE BOARD OF THE RECENTLY APPROVED CALIFORNIA NON-PROFIT “FRIENDS OF SAN BERNARDINO PARKS, RECREATION AND OPEN SPACES FOUNDATION” WHEREAS, the Friends of the San Bernardino Parks, Recreation and Open Spaces Foundation was approved for establishment to support the Parks, Recreation and Community Services programs and initiatives; and WHEREAS, the following community members were recommended for the board: Alejandro Gutierrez Chavez, Christian Mariscal, Steve Filson, Terry Boykins, Malibu Robin, and Sandra Ibarra; and WHEREAS, The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation board will be a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities. 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. Approve the proposed list of community members to serve on the board of the California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks, Recreation, and Open Spaces Foundation” to raise funds in support of the Parks, Recreation, and Community Services Department. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately.        Packet Page. 152 Resolution No. 2024-196 Resolution 2024-196 September 4, 2024 Page 2 of 3 4 7 9 1 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 153 Resolution No. 2024-196 Resolution 2024-196 September 4, 2024 Page 3 of 3 4 7 9 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-196, adopted at a regular meeting held on the 4th day of September 2024 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 4th day of September 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 154 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation & Community Services Subject:Acceptance and Approval of Older Californians Nutrition Program Grant Award FY 2024/25 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-195: 1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three-year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and 2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; 4. Approving certain related purchase orders to Sysco Foods ($215,600) and Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025. Executive Summary Grant funds for the Older Californians Nutrition Program have been awarded in the amount of $392,541. Funds are administered by the County of San Bernardino Department of Aging and Adult Services – Public Guardian and will enable the city to meet the nutritional, wellness, and social needs of older adults.        Packet Page. 155 Background The City of San Bernardino provides a senior nutrition program for seniors in the City, 60 years of age and older, providing lunch and dinner meals, Monday-Friday, year- round. During FY 2023/24, the Older Californian Nutrition Program served 65,399 meals for a daily average of 266 individual clients, at six (6) nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center. These meals were served both in in-person dine-in and grab-n-go style. The food is prepared in the main kitchen at the 5th Street Senior Center and delivered to the five other sites in hot and cold containers. Discussion The Older Californian Nutrition Program (formerly the Senior Nutrition Program) is supported by funding received from the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG, formerly DAAS) through County Contract No. 22-666. On July 10, 2024, the County of San Bernardino DAAS- PG issued an e-mail of Budget Approval (County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget, City of San Bernardino IIIC 2024-25) to the City of San Bernardino, approving $392,541 for FY2024-25 to provide Elderly (Older Californians) Nutrition Program Services. This is an increase from the original first year allocation of $369,749 and within the original annual contract agreement. This is the third (3rd) year of the three (3) year grant cycle with Fiscal Year beginning July 1, 2022, through June 30, 2025. The Program is expected to serve at least 52,300 total annual meals at the six nutrition sites. At the June 15, 2022, MCC Meeting, the Mayor and City Council approved RFQ No: F-22-53 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders. It was recommended in the execution of the three (3) year agreement to issue annual purchase orders for the food vendors with an option of three (3) additional one (1) year renewals and issue the annual purchase order for nutrition consulting services (Amendment No. 2). We are recommending the City Council to approve extending the term of the master agreement of each food vendor by one year to meet proposed meal needs and extending the term of the master agreement of the required dietician services an additional 5% due to rising costs. Council approvals in years one (FY2022/2023) and two (FY2023/2024), as noted in the Synopsis of Previous Council Actions, and two Council approvals included these three vendors. These proposed actions will allow the Older Californian Nutrition Program to continue to deliver without delay the proposed FY 2024/2025 nutritional services to the City’s        Packet Page. 156 senior population. FY2024/2025 is the third of the three one-year renewals. Staff recommends approval for the issuance of purchase orders as follows. Additionally, due to rising food costs, Staff also recommends approval of a *10% Contingency ($21,830) included for increased number of meals served and unpredictable inflationary cost increases: Vendor Cost Contingency Total Sysco Food $ 196,000.00 $ 19,600.00 $ 215,600.00 Hollandia Dairy $ 22,300.00 $ 2,230.00 $ 24,530.00 Consulting Health Nutrition Services $ 18,700.00 2021-2025 Strategic Targets and Goals This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue source and creating a framework for spending decisions, Goal No. 2: Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population. Fiscal Impact The amount of grant funding currently available to the City from the County for FY 2024/25 is $ 392,541. Acceptance of the grant would entail an amendment to the FY 2024/25 adopted budget consistent with the attached City of San Bernardino Parks and Recreation Department FY 2024/25 Program Budget Detail Sheet (Project #: 0513 Sr. Nutrition Grant 2024-25), which includes City cash in the amount of $89,427 (covers $1645 for education/training from Nutritionist and $150,092 for anticipated food costs and an additional 10% contingency of $21,830 for unforeseen meal and food cost increases less the $85,000 from adopted FY 2024/25 Adopted budget) and in-kind in the amount of $96,042 (covers personnel costs for volunteers and utilities). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-195: 1. Authorizing the City Manager to approve a 2024/2025 Budget for year three of a three-year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and 2. Authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; 4. Approving certain related purchase orders to Sysco Foods ($215,600) and        Packet Page. 157 Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025. Attachments Attachment 1 Resolution No. 2024-195 Attachment 2 2022-25 OCNP Grant, Exhibit A – County Contract No. 22-666 Attachment 3 2022-25 OCNP FY2025 Orig Budget Approved 7-10-24 Attachment 4 2024-25 OCNP Grant Program Budget Detail Sheet Attachment 5 2024-25 OCNP Amendment No. 2_Consulting Health & Nutrition Services Inc Attachment 6 Goods Agreement_Sysco_2024-2025 Attachment 7 Goods Agreement_Hollandia Dairy_2024-2025 Attachment 8 Sysco Price Form Exhibit A and C Attachment 9 Hollandia Dairy Price Form Exhibit A and C Attachment 10 2022-25 SNP Grant, Food&Consumables Bid Responses-RFQ 22- 53 Ward: All Wards Synopsis of Previous Council Actions: On October 4, 2023, the Mayor and City Council adopted Resolution No. 2023-150, accepted the Department of Aging and Adult Services – Public Guardian (DAAS-PG) grant award in the amount of $376,667, appropriated the grant funds, and approved certain related purchase orders for continued operation of the Older Californians Nutrition Program for the period of July 1, 2023 through June 30, 2024. On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services (DAAS) Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749; authorizing the Director of Finance or designee to amend the FY 2022/23 and FY2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approved certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023.        Packet Page. 158 Resolution No. 2024-195 Resolution 2024-195 September 4, 2024 Page 1 of 4 5 2 4 2 RESOLUTION NO. 2024-195 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO APPROVE A 2024/2025 BUDGET FOR YEAR THREE OF A THREE-YEAR OLDER CALIFORNIANS NUTRITION PROGRAM GRANT THROUGH THE DEPARTMENT OF AGING AND ADULT SERVICES – PUBLIC GUARDIAN (DAAS-PG); ACCEPT THE 2024/2025 CONGREGATE MEAL PROGRAM GRANT BUDGET IN THE AMOUNT OF $392,541; CONDUCT ALL NEGOTIATIONS, SIGNING AND SUBMITTALS OF NECESSARY DOCUMENTS TO RECEIVE GRANT BUDGET AWARDS; AND APPROVE CERTAIN RELATED PURCHASE ORDERS FOR CONTINUED OPERATION OF THE OLDER CALIFORNIANS NUTRITION PROGRAM; AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE GRANT FUNDS FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025. WHEREAS, on May 23, 2022, the County of San Bernardino Department of Aging and Adult Services (DAAS) issued a contract for approval by the City of San Bernardino to provide Elderly (Older Californians) Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, the City of San Bernardino submitted a request for approval of a proposed FY 2025 Older Californians Nutrition Program Grant Budget to the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) for the third year of a three (3) year grant cycle to provide an Older Californians Nutrition Meal Program; and WHEREAS, on July 10, 2024, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) issued an e-mail of Budget Approval (City of San Bernardino IIIC 2025 Orig. Budget Completed 7-9-24) to the City of San Bernardino, approving a County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget for FY2024-25 to provide Elderly (Older Californians) Nutrition Program Services; and, WHEREAS, on April 6, 2022, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products for Senior Nutrition Center, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders, with a multi- year purchase authorization. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:        Packet Page. 159 Resolution No. 2024-195 Resolution 2024-195 September 4, 2024 Page 2 of 4 5 2 4 2 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager or his Designee to accept the Department of Aging and Adult Services – Public Guardian (DAAS-PG) Grant Award Budget in the amount of $392,541; and SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance & Management Services, or designee, to amend the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report; and SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services, or designee, to approve certain related purchase orders for continued operation of the Older Californians Nutrition Program for the Period of July 1, 2024, through June 30, 2025; Sysco Foods ($215,600), Hollandia Dairy ($24,500), and Consulting Health Nutrition Services ($18,700), and include an additional 5% ($1,700) for the required dietician services and include an additional 10% Contingency ($21,827) in food and consumables to ensure the needs of the program are met for FY 24/25. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino        Packet Page. 160 Resolution No. 2024-195 Resolution 2024-195 September 4, 2024 Page 3 of 4 5 2 4 2 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 161 Resolution No. 2024-195 Resolution 2024-195 September 4, 2024 Page 4 of 4 5 2 4 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. 2024-195, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 162        Packet Page. 163        Packet Page. 164        Packet Page. 165        Packet Page. 166        Packet Page. 167        Packet Page. 168        Packet Page. 169        Packet Page. 170        Packet Page. 171        Packet Page. 172        Packet Page. 173        Packet Page. 174        Packet Page. 175        Packet Page. 176        Packet Page. 177        Packet Page. 178        Packet Page. 179        Packet Page. 180        Packet Page. 181        Packet Page. 182        Packet Page. 183        Packet Page. 184        Packet Page. 185        Packet Page. 186        Packet Page. 187        Packet Page. 188        Packet Page. 189        Packet Page. 190        Packet Page. 191        Packet Page. 192        Packet Page. 193        Packet Page. 194        Packet Page. 195        Packet Page. 196        Packet Page. 197        Packet Page. 198        Packet Page. 199        Packet Page. 200        Packet Page. 201        Packet Page. 202        Packet Page. 203        Packet Page. 204        Packet Page. 205        Packet Page. 206        Packet Page. 207        Packet Page. 208        Packet Page. 209        Packet Page. 210        Packet Page. 211        Packet Page. 212        Packet Page. 213        Packet Page. 214        Packet Page. 215        Packet Page. 216        Packet Page. 217        Packet Page. 218        Packet Page. 219        Packet Page. 220        Packet Page. 221        Packet Page. 222        Packet Page. 223        Packet Page. 224        Packet Page. 225        Packet Page. 226        Packet Page. 227        Packet Page. 228        Packet Page. 229        Packet Page. 230        Packet Page. 231        Packet Page. 232        Packet Page. 233        Packet Page. 234        Packet Page. 235        Packet Page. 236        Packet Page. 237        Packet Page. 238        Packet Page. 239        Packet Page. 240        Packet Page. 241        Packet Page. 242        Packet Page. 243        Packet Page. 244        Packet Page. 245        Packet Page. 246        Packet Page. 247        Packet Page. 248        Packet Page. 249        Packet Page. 250        Packet Page. 251 Schedule "H"CITY OF SAN BERNARDINO, CALIFORNIA DEPARTMENT: Parks & Recreation PROJECT #: 0513 Sr. Nutrition Grant 2024-25 Account Number Description FY2024-25 BUDGET ESTIMATES MATCH TOTAL Grant Name:123-380-0513 001-380-0514 Salaries 5011 Salaries perm/fulltime 77,793 77,793 5013 Automobile allowance - 5014 Salaries temp/parttime 166,041 31,258 197,299 5015 Overtime - Total: Salaries 243,834 31,258 275,092 Benefits 5026 PERS retirement 12,596 12,596 5027 Health and life insurance 9,060 9,060 5028 Unemployment insurance 8,660 8,660 5029 Medicare 3,588 3,588 5034 CalPERS Unfunded Liability -- Total: Benefits 33,904 -33,904 Total: Salaries & benefits 277,738 31,258 308,996 Maintenance and Operations 5111 Material and supplies - 5112 Small tools & equip (consumables)19,000 19,000 5114 Raw foods 70,148 150,952 221,100 5122 Dues and subscriptions - 5131 Mileage - 5132 Meetings and conferences - 5133 Education and training - 5150 Utilities 64,784 64,784 5172 Equipment maintenance 1,000 1,000 5174 Printing charges - 5175 Postage - 5176 Copy machine charges - 5181 Other operating expense 7,600 7,600 5186 Civic and promotional - 5193 Grant match - Total: Maintenance and Operations 97,748 215,736 313,484 Contract Services 5502 Professional/contractual services - 5505 Other professional services 17,055 1,645 18,700 Total: Contractual Services 17,055 1,645 18,700 Internal Service Charges 5601 Garage charges -- 5602 Workers compensation -- 5603 Liability - 5604 IT charges in-house - 5605 Telephone support - 5606 Electric - 5612 Fleet charges - fuel - Total: Internal Service Charges --- Capital Outlay 5703 Communications equipment - Total: Capital Outlay --- Credit/billables 5910 Credit - federal and state program funding - Total: Credit/billables --- Total: Non-Personnel Expenses 114,803 217,381 332,184 Grant Total 392,541 248,639 641,180 NOTE: Match(001) Salaries/Temp. reflect value of volunteer labor and Utilities are shown for Match reporting purposes only to show true costs, NOT General Fund obligated. 7/19/2024        Packet Page. 252 AMENDMENT NO. 2 TO AGREEMENT FOR DIETICIAN SERVICES FOR OLDER CALIFORNIANS NUTRITION GRANT WITH CONSULTING HEALTH AND NUTRITION SERVICES, INC. This Amendment No. 2 to the Agreement for dietician services for Older Californians Nutrition Grant is made and entered into as of July 1, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Consulting Health and Nutrition Services, Inc., a sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated July 1, 2022, for the purpose of providing dietitian services for the Elderly Nutrition Program – Older Americans Act, Title IIIC Funds (now referred to as the Older Californians Nutrition Grant) (the “Master Agreement”). B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 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 for an additional term of one year through June 30, 2025, unless earlier terminated. 3. Compensation. There is no change to the total not to exceed compensation of the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2. 5. Electronic Transmission. A manually signed copy of this Amendment No. 2, which is transmitted by facsimile, email or other means of electronic transmission shall        Packet Page. 253 be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]        Packet Page. 254 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE DIETICIAN SERVICES FOR OLDER CALIFORNIANS NUTRITION GRANT AGREEMENT WITH CONSULTING HEALTH AND NUTRITION SERVICES, INC. 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: Rochelle Clayton Acting City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Consulting Health and Nutrition Services, Inc. Signature Name Title        Packet Page. 255 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of July, 2024, 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 SYSCO RIVERSIDE, a CORPORATION with its principal place of business at 15750 MERIDIAN PARKWAY, RIVERSIDE, CA (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after        Packet Page. 256 2 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights        Packet Page. 257 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which        Packet Page. 258 4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ RECOMMEND TO DELETE THIS SENTENCE 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.”        Packet Page. 259 5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.        Packet Page. 260 6 Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain:        Packet Page. 261 7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $1,000,000 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 the City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.        Packet Page. 262 8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial        Packet Page. 263 9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects        Packet Page. 264 10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rochelle Clayton, Acting City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: SYSCO RIVERSIDE 15750 MERIDIAN PARKWAY RIVERSIDE, CA 92518 BEN ROBBINS Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.        Packet Page. 265 11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered        Packet Page. 266 12 as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]        Packet Page. 267 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYSCO RIVERSIDE IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SYSCO RIVERSDE Signature Name Title        Packet Page. 268 14 Exhibit A Goods Specifications See Price Form (ATTACHMENT 8)        Packet Page. 269 15 Exhibit B Delivery Schedule ORDER ON TUESDAY – DELIVERY ON THURSDAY        Packet Page. 270 16 Exhibit C Fee Schedule See Price Form (ATTACHMENT 8)        Packet Page. 271 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of July 2024, 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 HOLLANDIA DAIRY, a CORPORATION with its principal place of business at 622 E MISSION RD, SAN MARCOS, CA 92069-1902 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after        Packet Page. 272 2 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights        Packet Page. 273 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which        Packet Page. 274 4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $RECOMMEND TO DELETE THIS SENTENCE 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.”        Packet Page. 275 5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.        Packet Page. 276 6 Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain:        Packet Page. 277 7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.        Packet Page. 278 8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial        Packet Page. 279 9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects        Packet Page. 280 10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: ROCHELLE CLAYTON, ACTING CITY MANAGER With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: 622 E MISSION RD, SAN MARCOS, CA 92069 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.        Packet Page. 281 11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered        Packet Page. 282 12 as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]        Packet Page. 283 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOLLANDIA DAIRY, INC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: ROCHELLE CLAYTON City Manager ATTESTED BY: GENOVEVA ROCHA City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HOLLANDIA DAIRY, INC. Signature Name Title        Packet Page. 284 14 Exhibit A Goods Specifications See Price Form (ATTACHMENT 9)        Packet Page. 285 15 Exhibit B Delivery Schedule PLACE ORDER ON TUESDAYS – DELIVERIES ON THURSDAY        Packet Page. 286 16 Exhibit C Fee Schedule See Price Form (ATTACHMENT 9)        Packet Page. 287        Packet Page. 288        Packet Page. 289        Packet Page. 290        Packet Page. 291        Packet Page. 292        Packet Page. 293        Packet Page. 294        Packet Page. 295        Packet Page. 296        Packet Page. 297        Packet Page. 298        Packet Page. 299        Packet Page. 300        Packet Page. 301        Packet Page. 302        Packet Page. 303        Packet Page. 304        Packet Page. 305        Packet Page. 306        Packet Page. 307        Packet Page. 308        Packet Page. 309        Packet Page. 310        Packet Page. 311        Packet Page. 312        Packet Page. 313        Packet Page. 314        Packet Page. 315        Packet Page. 316        Packet Page. 317        Packet Page. 318        Packet Page. 319        Packet Page. 320        Packet Page. 321        Packet Page. 322        Packet Page. 323 2 2 3 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Recommendation to Increase the Construction Contingency and Construction Management Budget for Nicholson Park Improvements Project. (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-197: 1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance; and 2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Executive Summary: The City of San Bernardino has the opportunity to enhance Nicholson Park by adding picnic shelters, shade sails/covers, and steel trellis improvements, totaling $745,127.48, through a change order to the existing construction agreement with Urban Habitat. Initially, only the base bid was awarded due to funding limitations; however, an additional $1,746,044.73 has since been allocated to the project from CDBG funding sources. This increase in funding allows for the completion of the previously omitted items. Staff recommends allocating an additional $745,128 from Measure S funds to replenish the contingency used for the change order additive alternate scope of work.        Packet Page. 324 2 2 3 6 Background Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52- acre park facility that includes recreational amenities and a community center building. The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges. Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair. During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood. On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128, which adopted the City’s Annual Operating Budget for Fiscal Year 2020/21. This budget included funding for the Nicholson Neighborhood Park Improvements project (CIP Project PR21-006). The project initially received $1,000,000 from the Community Development Block Grant (CDBG) and $186,833.31 from Meadowbrook Insurance Claim funds, giving the project a total budget of $1,336,833.31. On February 2, 2022, Resolution 2022-26 was adopted, allocating an additional $8,850,000 in American Rescue Plan Act (ARPA) funds to complete the project. On April 17, 2024, an additional $1,746,044.73 was reallocated to Nicholson Park as part of amendments to the Community Development Block Grants 2023-2024 and 2020-21 Annual Action Plans. For the design of the park, an agreement was made with RHA Landscape Architects – Planners, Inc. on March 3, 2021, for $215,295. This agreement was amended on August 3, 2022 (Amendment No. 1) to expand the scope of services for an additional $197,250. Another amendment was approved on August 2, 2023 (Amendment No. 2) to include more feedback in the design, costing an additional $47,300. The total design budget for Nicholson Park is $459,845. On December 6, 2023, the City of San Bernardino awarded a construction contract to Urban Habitat for $8,147,197.56 to complete the base bid items for the Nicholson Neighborhood Park Improvements project. On the same day, an additional $1,290,000 was approved for construction contingencies and construction management costs. Subsequently, on February 21, 2024, a contract for construction management and inspection services was awarded to Z&K Consultants for $471,876, with an extra $47,187 allocated for professional services contingencies, reducing the original $1,290,000 contingency fund to $770,937.        Packet Page. 325 2 2 3 6 As part of the December 6, 2023, approvals, the Mayor and City Council authorized the City Manager, or their designee, to execute all necessary documents with Urban Habitat and Z&K Consultants, including any required change orders. The City Manager was also authorized to expend the contingency fund as needed to ensure the completion of the project. Therefore, the City Manager has the authority to manage the project’s approved budget and contractual adjustments without requirement of an amendment or additional approval authority. The following table details the funding and budget balance: Discussion Construction is currently underway for the Nicholson Park Improvements Project. Due to funding limitations at the time of award, only the base bid was awarded to Urban Habitat for construction. Since then, additional funding has been allocated to the project in the amount of $1,746,044.73 from CDBG funding sources. As a result, the City has the opportunity to construct the additive alternative items that were previously omitted from the construction agreement. There are also pending change orders for the Nicholson Park project totaling $104,436.87 and cover various essential adjustments. Key items include $49,502.53 for a sewer tie-in, $24,389.06 for orchard irrigation, and $20,391.71 for orchard fencing. Additionally, smaller change orders address light pole removal, unforeseen CMU work, trimming bushes, and constructing CMU dugouts. These changes are necessary to ensure the project’s successful completion and address unexpected needs that have arisen during construction. Staff will review the existing change orders and utilize the existing ARPA funding as needed. ARPA $8,850,000.00 CDBG $1,000,000.00 Insurance Liability $186,833.31 ADDED CDBG $1,736,043.73 Tot al Budget $11,772,877.04 Ni chol son Park Funding Det ail s Vendors Cost s RHA Architect $459,845.00 Urban Habitat $8,147,197.56 Contingency $770,937.00 Z&K CMCI (w/contingen $519,063.00 Avant Garde $2,000.00 Tot al Cost s $9,899,042.56        Packet Page. 326 2 2 3 6 Staff also recommends utilizing available contingency ARPA funding to construct picnic shelters, shade sails/covers, and steel trellis improvements as listed in the additive alternative bid schedule that was previously advertised on PlanetBids. The cost of these additional change order items is $745,127.48. An additional $745,128 is requested from the Measure S Fund to cover any additional future costs. This would bring the updated total budget to $12,518,005.04, which includes funding from ARPA ($8,850,000.00), CDBG ($1,000,000.00), insurance liability ($186,833.31), additional CDBG funds ($1,736,043.73), and added Measure S funds ($745,128.00). Please note that staff shall bring a request to Mayor and City Council for reallocation of ARPA funding to another Community Center project at Encanto Park. The project’s updated costs include expenses for RHA Architect ($459,845.00), Urban Habitat ($8,147,197.56), and other associated vendors, with a contingency of $770,937.00 and total change orders amounting to $104,436.87. The addition of alternate change order scope items brings the total updated costs to $10,748,606.91. Please see funding table below: Vendors Updat ed Cost s RHA Architect $459,845.00 Urban Habitat $8,147,197.56 Contingency $770,937.00 Z&K CMCI (w/contingen $519,063.00 Avant Garde $2,000.00 Total Pending C/Os $104,436.87 Add Alternate C/O $745,127.48 Tot al Updat ed Cost s $10,748,606.91 ARPA $8,850,000.00 CDBG $1,000,000.00 Insurance Liability $186,833.31 ADDED CDBG $1,736,043.73 Added Measure S $745,128.00 Tot al Updat ed Budget $12,518,005.04 Nichol son Park Updated Funding Det ail s        Packet Page. 327 2 2 3 6 2021-2025 Strategic Targets and Goals Authorizing the execution of this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve the community’s quality of life by providing safe and well-maintained park facilities. Fiscal Impact There is a $745,128.00 impact to Measure S associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-197: 1. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance.; and 2. Authorizing the Director of Finance and Management Services to increase the construction contingency and construction management budget from $1,290,000 to the total amount of $2,139,564.87.; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2024-197 Ward: Sixth Ward Synopsis of Previous Council Actions: April 15, 2020 Approval of the City's FY 2020/21 CDBG Action Plan. June 24, 2020 Adoption of Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21. March 3, 2021 Adoption of Resolution No. 2021-37 approving agreement with RHA Landscape Architects - Planners, Inc. to provide design services for the Nicholson Neighborhood Park. February 2, 2022 Adoption of Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding. August 3, 2022 Approval of Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for the Nicholson Neighborhood Park.        Packet Page. 328 2 2 3 6 August 2, 2023 Approval of Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park February 21, 2024 Award of Agreement Construction Management and Inspection Services for the Nicholson Park Improvements. April 17, 2024 Approval of the Substantial Amendments to Fiscal Year 2023- 2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant.        Packet Page. 329 Resolution No. 2024-197 Resolution 2024-197 September 4, 2024 Page 1 of 4 5 4 4 3 RESOLUTION NO. 2024-197 AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2024/25 CIP BUDGET WITH AN ADDITIONAL $745,128 FOR THE NICHOLSON PARK IMPROVEMENTS PROJECT USING THE MEASURE S FUND BALANCE.; AND AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO INCREASE THE CONSTRUCTION CONTINGENCY AND CONSTRUCTION MANAGEMENT BUDGET FROM $1,290,000 TO THE TOTAL AMOUNT OF $2,139,564.87.; AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT. WHEREAS, The City Desires to construction additional picnic shelter, shade, and steel trellis improvements at Nicholson Park. WHEREAS, on June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128, which adopted the City’s Annual Operating Budget for Fiscal Year 2020/21, providing $1,000,000 from the Community Development Block Grant (CDBG) and $186,833.31 from Meadowbrook Insurance Claim funds. WHEREAS, on February 2, 2022, the Mayor and City Council approved Resolution 2022- 26, allocating an additional $8,850,000 in American Rescue Plan Act (ARPA) funds WHEREAS, On April 17, 2024 the Mayor and City Council approved an additional $1,746,044.73 as part of amendments to the Community Development Block Grants 2023-2024 and 2020-21 Annual Action Plans. WHEREAS, on March 3, 2021, the Mayor and City Council approved a Design Services Agreement with RHA Landscape Architets-Planners, Inc. in the amount of $215,295. WHEREAS, on August 3, 2022, the Mayor and City Council approved Amendment No. 1 to the Design Services Agreement with RHA Landscape Architets-Planners, Inc. in the amount of $197,250. WHEREAS, on August 2, 2023, the Mayor and City Council approved Amendment No. 2 to the Design Services Agreement with RHA Landscape Architets-Planners, Inc. in the amount of $47,300 for a total design budget of $459,845. WHEREAS, on December 6, 2023, the Mayor and City Council approved a Construction Agreement with Urban Habitat for the Construction of Nicholson Neighborhood Park in the amount of $8,147,197.56.        Packet Page. 330 Resolution No. 2024-197 Resolution 2024-197 September 4, 2024 Page 2 of 4 5 4 4 3 WHEREAS, on February 21, 2024 the Mayor and City Council approved a Professional Services Agreement with Z&K Consultants for Construction Management and Inspection services in the amount off $471,876. 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 Director of Finance and Management Services to amend the FY 2024/25 CIP Budget with an additional $745,128 for the Nicholson Park Improvements Project using the Measure S fund balance. SECTION 3. The Mayor and City Council hereby authorize increasing the construction contingency and construction management budget from $1,290,000 to the total amount $2,139,564.87. SECTION 4. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Projects. SECTION 5.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino        Packet Page. 331 Resolution No. 2024-197 Resolution 2024-197 September 4, 2024 Page 3 of 4 5 4 4 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 332 Resolution No. 2024-197 Resolution 2024-197 September 4, 2024 Page 4 of 4 5 4 4 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-197, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 333 2 2 6 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Award of Construction Agreement to F.E.C. Electric Inc. (Ward 2, Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-199: 1.Approving the award of an Agreement with F.E.C. Electric, Inc. in the amount of $1,653,396.02 for the Construction of the Speicher Park Multipurpose Field and Newmark Park Ballfields Improvements (Projects); and 2.Authorizing the project construction contingencies, and administrative costs in the amount of $550,000 for construction of the Project; and 3.Authorizing the Director of Finance and Management Services to utilize $2,000,000 from the Ballfield Accessory Upgrades Project as follows: $1,130,254 to Newmark Ballfield Lighting and $869,746 to Speicher Park Multipurpose Field Lighting; and 4.Authorizing the City Manager or designee to execute all documents with F.E.C. Electric, Inc., necessary to carry out the Projects; and 5.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Projects. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).        Packet Page. 334 2 2 6 8 Executive Summary Approving the Construction Agreement for Newmark Ballfield Lighting and Speicher Park Multipurpose Field Projects would lead to the construction of new sports lighting poles along with the pertinent improvements required for their operation. The Construction Agreement with F.E.C. Electric, Inc. includes a cost of $1,653,396.02. Additional funds are recommended for construction contingencies, and administrative costs in the amount of $550,000. The current project cost for these items is $2,203,396.02. Background The Mayor and City Council adopted Resolution No. 2021-138 approving and adopting the Operating Budget and Capital Improvement Plan for FY 2020/21 on June 16, 2021. This provided the starting budget of $600,000 for the Newmark Ballfield lighting and $250,000 for the Speicher Park lighting from the AB 1600 Fund. The Newmark Ballfield (PPR22-001) and Speicher Park Multiple Purpose Field (PR22-003) projects will update the existing lighting to meet competition standards. 9 new sports poles will be installed at the Newmark location, and 6 new sports poles will be installed at the Speicher location. In addition to the lighting, the controls and related components will be installed as needed for each park location to ensure the effective use of the lighting. In June 2023, the previous Public Works Director transferred $2,000,000 from the Ballfield Accessory Building Upgrade project through an internal budget amendment. These funds were allocated as follows: $1,130,254 for the Newmark Ballfield Lighting project, $869,746 for the Speicher Park Multipurpose Field Lighting project. Discussion Staff is requesting the use of the $2,000,000 from the Ballfield Accessory Building Upgrade project to allocate $1,130,254 for the Newmark Ballfield Lighting project and $869,746 for the Speicher Park Multipurpose Field Lighting project. The Speicher Multipurpose project has a total budget of $1,119,746.00, which consists of $250,000.00 from the Adopted Budget (AB1600) and $869,746.00 transferred from the Ballfield Accessory project. To date, the project has incurred expenses totaling $45,550.99, which have been allocated across several vendors, including IDS Group ($40,434.87), Daily Journal ($772.80), SCE Line Extension ($2,242.77), and a reclassified amount to IDS Group ($2,100.55). After accounting for these expenditures, $1,074,195.01 remains available in the budget, ensuring the project is well within its financial limits. Please see funding table below:        Packet Page. 335 2 2 6 8 Similarly, the Newmark Ballfield project has a total budget of $1,730,254.00, which includes $600,000.00 from the Adopted Budget (AB1600) and $1,130,254.00 transferred from the Ballfield Accessory project. As of the latest report, the project has incurred costs totaling $90,962.77, distributed among three vendors: IDS Group ($52,808.68), Daily Journal ($772.80), and SCE Meter Service ($37,381.29). With a significant portion of the budget still unspent, this project is also well within its financial constraints. Please see funding tables below: Adopted Budget (AB1600)$250,000.00 Ballfield Accessory Transfer $869,746.00 Total Park Budget $1,119,746.00 Vendors Cost s IDS Group $40,434.87 Daily Journal $772.80 SCE Line Extension $2,242.77 IDS Group(re-classed)$2,100.55 Total Costs $45,550.99 Total Park Budget $1,119,746.00 Costs -$45,550.99 Remaining Park Budget $1,074,195.01 Speicher Mul tipurpose Park Adopted Budget (AB1600)$600,000.00 Ballfield Accessory Transfer $1,130,254.00 Total Park Budget $1,730,254.00 Vendors Cost s IDS Group $52,808.68 Daily Journal $772.80 SCE Meter Service $37,381.29 Total Costs $90,962.77 Total Park Budget $1,730,254.00 Costs -$90,962.77 Remaining Park Budget $1,639,291.23 Newmark Bal l f iel d        Packet Page. 336 2 2 6 8 Speicher Multipurpose project was advertised for public bidding on May 21, 2024, through PlanetBids. On July 2, 2024, three sealed bids were received and opened. The total base bid prices were as follows: F.E.C. Electric from Redlands, CA, submitted a bid of $1,653,396.02; Southern Contracting Company from San Marcos, CA, bid $1,988,558.00; and Ace Electric, Inc. from San Diego, CA, bid $2,138,450.00. Please see bidding details below: Bidder City Base Bid F.E.C. Electric Redlands, CA $1,653,396.02 Southern Contracting Company San Marcos, CA $1,988,558.00 Ace Electric, Inc. San Diego, CA $2,138,450.00 After a thorough bid evaluation, staff determined that F.E.C. Electric, Inc. of Redlands, CA, is the responsive bidder with the lowest total base bid amount of $1,653,396.02. In addition to the construction and professional services costs, staff anticipates the need for an additional $550,000.00 to cover construction contingencies, professional services contingencies, and administrative costs. This brings the current total cost of the project, including construction, construction management, administrative costs, and all contingencies, to $2,203,396.02. Please see Project Budget Table below: The careful evaluation and selection of F.E.C. Electric for the Speicher Multipurpose project, along with the allocation of additional funds for contingencies, ensure that the project will continue to progress within its financial constraints while addressing potential unforeseen costs. Environmental Impact The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the ballfield facilities located on the same site as the facilities. Total Project Budget $2,713,486.24 F.E.C. Electric Bid -$1,653,396.02 Contingency -$550,000.00 Total Remaining Funds $510,090.22 Speicher & Newmark Project        Packet Page. 337 2 2 6 8 The City has also considered whether the proposed Project is subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons: a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here. b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no incrementally significant impacts on the environment. c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic resources within a state scenic highway. e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No.4: Economic Growth & Development. Completion of this project will improve park assets by providing ADA compliant features and improvements to the baseball field to provide a safe and well-maintained community park. Fiscal Impact There is no General Fund impact associated with this action. The total available funding is $2,713,486.24. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-199: 1.Approving the award of an Agreement with F.E.C. Electric, Inc. in the amount of $1,653,396.02 for the for Construction of the Speicher Park Multipurpose        Packet Page. 338 2 2 6 8 Field and Newmark Park Ballfields Improvements (Project); and 2.Authorizing the project construction contingencies, and administrative costs in the amount of $550,000 for construction of the Project; and 3.Authorizing the Director of Finance and Management Services to utilize $2,000,000 from the Ballfield Accessory Upgrades Project as follows: $1,130,254 to Newmark Ballfield Lighting and $869,746 to Speicher Park Multipurpose Field Lighting; and 4.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 5. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Attachments Attachment 1 Resolution No. 2024-199 Attachment 2 Construction Agreement with F.E.C. Electric, Inc. Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Maps Ward: Second Ward Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving and adopting the Operating Budget and Capital Improvement Plan for FY 2020/21. December 1, 2023 Mayor and City Council adopted Resolution No. 2021-303 approving the award of a Design Services Agreement with IDS Group, Inc. in the amount of $91,143 for lighting circuit design for the Newmark Ball Field and Speicher Multipurpose Field.        Packet Page. 339 Resolution No. 2024-199 Resolution 2024-199 September 4, 2024 Page 1 of 3 5 4 1 1 RESOLUTION NO. 2024-199 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF AN AGREEMENT WITH F.E.C. ELECTRIC, INC. IN THE AMOUNT OF $1,653,396.02 FOR THE CONSTRUCTION OF THE SPEICHER PARK MULTIPURPOSE FIELD AND NEWMARK PARK BALLFIELDS IMPROVEMENTS (PROJECTS); AND AUTHORIZING THE PROJECT CONSTRUCTION CONTINGENCIES, AND ADMINISTRATIVE COSTS IN THE AMOUNT OF $550,000 FOR CONSTRUCTION OF THE PROJECTS; AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO UTILIZE $2,000,000 FROM THE BALLFIELD ACCESSORY UPGRADES PROJECT AS FOLLOWS: $1,130,254 TO NEWMARK BALLFIELD LIGHTING AND $869,746 TO SPEICHER PARK MULTIPURPOSE FIELD LIGHTING; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS WITH F.E.C. ELECTRIC, INC., NECESSARY TO CARRY OUT THE PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECTS. WHEREAS, The Speicher Park Multipurpose Field and Newmark Ballfield are in need of Light Pole Replacements and upgrades to the existing lighting to meet competition standards. WHEREAS, on June 16, 2021, the Mayor and City Council Adopted Resolution 2021- 138 approving the Operating Budget and Capital Improvement Plan for FY 2020/21, providing $600,000 for the Newmark Ballfield Lighting Project and $250,000 for the Speicher Park Multipurpose Field Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby approve the award of an Agreement with F.E.C. Electric, Inc. in the amount of $1,653,396.02 for the for Construction of the Newmark Ballfield Lighting, and Speicher Multipurpose Field Lighting (Projects). SECTION 3. The Mayor and City Council hereby authorize the project construction contingencies, and administrative costs in the amount of $550,000 for construction of the Projects.        Packet Page. 340 Resolution No. 2024-199 Resolution 2024-199 September 4, 2024 Page 2 of 3 5 4 1 1 SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to utilize $2,000,000 from the Ballfield Accessory Upgrades Project as follows: $1,130,254 to Newmark Ballfield Lighting and $869,746 to Speicher Park Multipurpose Field Lighting. SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with F.E.C. Electric, Inc., necessary to carry out the Projects. SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Projects. SECTION 7.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 341 Resolution No. 2024-199 Resolution 2024-199 September 4, 2024 Page 3 of 3 5 4 1 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-199, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 342 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -1-00 52 13 – CONTRACT FOR CONSTRUCTION 5 4 1 2 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. PR22-001 & PR22003 is made and entered into this 4th day of September, 2024 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 F.E.C. 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: NEWMARK BALL FIELD LIGHTING SYSTEM DESIGNGENEVIEVE CIRCUIT LIGHTING UPGRADE PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGNRALSTON CIRCUIT LIGHTING UPGRADE PR22-003 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 One Million Six Hundred Fifty-Three Thousand Nine Hundred Nintey-Six Dollars and Two Cents ($1,653,396.02). 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        Packet Page. 343 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -2-00 52 13 – CONTRACT FOR CONSTRUCTION 5 4 1 2 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: 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.        Packet Page. 344 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -3-00 52 13 – CONTRACT FOR CONSTRUCTION 5 4 1 2 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. 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]        Packet Page. 345 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -4-00 52 13 – CONTRACT FOR CONSTRUCTION 5 4 1 2 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: Rochelle Clayton Acting City Manager ATTEST: By: Genoveva, CMC, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney F.E.C. Electric Inc. [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED] 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        Packet Page. 346 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -5-00 52 13 – CONTRACT FOR CONSTRUCTION 5 4 1 2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above        Packet Page. 347 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -6-00 61 13 – BOND FORMS 5 4 1 2 00 61 13 – BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty        Packet Page. 348 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -7-00 61 13 – BOND FORMS 5 4 1 2 workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]        Packet Page. 349 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -8-00 61 13 – BOND FORMS 5 4 1 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California)        Packet Page. 350 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -9-00 61 13 – BOND FORMS 5 4 1 2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.        Packet Page. 351 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -10-00 61 13 – BOND FORMS 5 4 1 2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND        Packet Page. 352 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -11-00 61 13 – BOND FORMS 5 4 1 2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement        Packet Page. 353 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -12-00 61 13 – BOND FORMS 5 4 1 2 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title        Packet Page. 354 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -13-00 61 13 – BOND FORMS 5 4 1 2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.        Packet Page. 355 NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN PR22-001 & SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN PR22-003 -14-00 61 13 – BOND FORMS 5 4 1 2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND        Packet Page. 356 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -15-00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS ARTICLE 1 -TERMS; DEFINITIONS 1.1 Defined Terms A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. 2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. 3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract. 4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. 5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. 6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract. 7. Bidder -- The individual or entity who submits a Bid directly to the City. 8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. 9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). 10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably.        Packet Page. 357 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -16-00 72 00 – GENERAL CONDITIONS 11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. 13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. 15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment. 16. Contractor -- The individual or entity with which the City has contracted for performance of the Work. 17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City. 18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. 19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. 20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.        Packet Page. 358 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -17-00 72 00 – GENERAL CONDITIONS 21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. 22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. 23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined. 24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 26. Force Majeure Event -- 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 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; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. 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. 27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive. 28. Holiday – Holidays occur on: New Year’s Day - January 1 President’s Day – Third Monday in February Memorial Day - Last Monday in May Juneteenth – June 19 Independence Day - July 4        Packet Page. 359 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -18-00 72 00 – GENERAL CONDITIONS Labor Day - First Monday in September Veteran’s Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. 29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. 30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project. 31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. 32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions. 34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock. 35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged. 36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. 37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and        Packet Page. 360 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -19-00 72 00 – GENERAL CONDITIONS easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor. 39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. 41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. 42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. 43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award. 44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. 45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents. 47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer. 48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.        Packet Page. 361 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -20-00 72 00 – GENERAL CONDITIONS 1.2 Terminology. A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning. 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied. B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Contract Documents A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents. 2.2 Bonds A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.        Packet Page. 362 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -21-00 72 00 – GENERAL CONDITIONS 2.3 Evidence of Insurance A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved. 2.4 Execution of the Contract A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract. 2.5 Contractor’s Failure to Perform A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times. 2.6 Commencement of Contract Times; Notice to Proceed A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed. 2.7 Copies of Documents A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site. 2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5. B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.        Packet Page. 363 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -22-00 72 00 – GENERAL CONDITIONS C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2. 2.9 Preconstruction Conference; Designation of Authorized Representatives. A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.10 Subcontractor Mobilization Meeting. A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues. 2.11 Authority of Board; Engineer A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer. B. The decision of the Engineer is final and binding on all questions relating to: 1. quantities; 2. acceptability of material, equipment, or work; 3. execution, progress or sequence of work; 4. interpretation of the Plans, Specifications, or other Contract Documents; and 5. Any other areas specifically identified in the Contract Documents or under the law. C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.        Packet Page. 364 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -23-00 72 00 – GENERAL CONDITIONS 2.12 Mobilization A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work. B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, as applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job Site as required herein. 12. Submittal of construction schedule as required by the Contract Documents.        Packet Page. 365 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -24-00 72 00 – GENERAL CONDITIONS ARTICLE 3 -CONTRACT DOCUMENTS; INTENT 3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. 3.2 Intent of Contract Documents A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City. B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions. D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the        Packet Page. 366 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -25-00 72 00 – GENERAL CONDITIONS Work. The implied Work will conform to the appropriate sections of the Contract Documents. E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 3.3 Reference Standards. A. Standards, Specifications, Codes, Laws, and Regulations. 1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.4 Reporting and Resolving Discrepancies; Order of Precedence. A. Reporting Discrepancies. 1. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.        Packet Page. 367 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -26-00 72 00 – GENERAL CONDITIONS B. Order of Precedence. 1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law b. Change Orders, most recent first c. Contract d. Addenda, most recent first e. Special Conditions f. Specifications g. Construction Plans and Drawings(Contract Drawings) h. General Conditions i. Instructions to Bidders j. Notice Inviting Bids k. Contractor’s Bid (Bid Forms) l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded) m. Applicable Local Agency Standards and Specifications n. Standard Drawings o. Reference Documents 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions b. Detail drawings govern over general drawings c. Addenda/Change Order drawings govern over Drawings d. Contract Drawings govern over Standard Drawings e. Contract Drawings govern over Shop Drawings 3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.        Packet Page. 368 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -27-00 72 00 – GENERAL CONDITIONS 3.5 Amending and Supplementing Contract Documents. A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways: 1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or 2. The City’s issuance of a response to an RFI. C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents. 3.6 Reuse of Documents. A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record. B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -INDEMNIFICATION; INSURANCE 4.1 Indemnification A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: 1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims        Packet Page. 369 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -28-00 72 00 – GENERAL CONDITIONS made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. 2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. 3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, 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, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. 4.2 Insurance The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has        Packet Page. 370 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -29-00 72 00 – GENERAL CONDITIONS secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A.Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work. B.Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C.Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if        Packet Page. 371 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -30-00 72 00 – GENERAL CONDITIONS applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D.Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. 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 Contractor from liability in excess of such coverage, nor shall it limit Contractor’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 Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.        Packet Page. 372 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -31-00 72 00 – GENERAL CONDITIONS 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E.Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F.Builder’s Risk [“All Risk”] 1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City. 3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.        Packet Page. 373 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -32-00 72 00 – GENERAL CONDITIONS b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. G.NOT USED. H. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. I. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. J.Form and Proof of Carriage of Insurance 1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. 3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such        Packet Page. 374 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -33-00 72 00 – GENERAL CONDITIONS effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. 4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. 5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. 6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. 7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy. ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS 5.1 Applicable Laws A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.        Packet Page. 375 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -34-00 72 00 – GENERAL CONDITIONS 5.2 Permits and Licenses A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents. B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents. C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. 5.3 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. 5.4 Traffic Control A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work. C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in        Packet Page. 376 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -35-00 72 00 – GENERAL CONDITIONS areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer. 5.5 Safety A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections. C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws. 5.6 Hazardous Materials A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory. B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).        Packet Page. 377 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -36-00 72 00 – GENERAL CONDITIONS C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees. 5.7 Sanitary Facilities. A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor. 5.8 Dust Control A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted. 5.9 Air Pollution Control A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.        Packet Page. 378 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -37-00 72 00 – GENERAL CONDITIONS B. Without limiting the foregoing, 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 Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents. 5.10 Water Quality Management and Compliance A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. B. Contractor 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 Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 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. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof. C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor        Packet Page. 379 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -38-00 72 00 – GENERAL CONDITIONS shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit. Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee. Contractor shall include all costs of compliance with specified requirements in the Contract Price. E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor. F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof. G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or 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 Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, 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.        Packet Page. 380 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -39-00 72 00 – GENERAL CONDITIONS H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity. 5.11 Environmental Quality Protection A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor. B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the        Packet Page. 381 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -40-00 72 00 – GENERAL CONDITIONS discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 5.12 Excessive Noise A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 5.13 Diversion of Recyclable Waste Material A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.        Packet Page. 382 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -41-00 72 00 – GENERAL CONDITIONS 5.14 Inspector’s Field Office. A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed. B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal. 5.15 Contractor’s Supervision. A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. 5.16 Workers. A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. 5.17 Independent Contractors. A. Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. 5.18 Verification of Employment Eligibility. A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a        Packet Page. 383 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -42-00 72 00 – GENERAL CONDITIONS duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. 5.19 Labor. A. Hours of Work 1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay. 2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. 3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. 4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. 5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.        Packet Page. 384 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -43-00 72 00 – GENERAL CONDITIONS 6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City: a. Powered Vehicles b. Construction Equipment c. Loading and Unloading Vehicles d. Domestic Power Tools B. Payroll Records; Labor Compliance 1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury. 2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. 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. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor. 4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:        Packet Page. 385 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -44-00 72 00 – GENERAL CONDITIONS a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. 5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. 7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. 8. The responsibility for compliance with this Article shall rest upon the Contractor. C. Prevailing Rates of Wages 1. The Contractor is aware of the requirements of 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. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and        Packet Page. 386 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -45-00 72 00 – GENERAL CONDITIONS hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. 3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. D. Public Works Contractor Registration 1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. E. Employment of Apprentices 1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. 2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. F. Nondiscrimination/Equal Employment Opportunity        Packet Page. 387 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -46-00 72 00 – GENERAL CONDITIONS 1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. G. Debarment of Contractors and Subcontractors 1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 5.20 Subcontracts. A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 5.21 Progress Meetings A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work. The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The        Packet Page. 388 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -47-00 72 00 – GENERAL CONDITIONS purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously. 5.22 Submittals A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process. B. Submittal Procedures. 1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents: a. Submittals must be transmitted electronically. b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal. d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents. e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work. f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission. g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.        Packet Page. 389 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -48-00 72 00 – GENERAL CONDITIONS h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed. i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process. k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents. 2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor. C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents. 5.23 Shop Drawings and Sample Submittal Procedures. A. Before submitting each Shop Drawing or Sample, Contractor shall have: 1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation        Packet Page. 390 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -49-00 72 00 – GENERAL CONDITIONS made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation. C. Shop Drawings. 1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents. 2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction. 3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work. 4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement. 5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction. D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection. E. City’s Review. 1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or        Packet Page. 391 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -50-00 72 00 – GENERAL CONDITIONS programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals. 5.24 Record (“As-Built”) Drawings. A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer. B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment. C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.        Packet Page. 392 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -51-00 72 00 – GENERAL CONDITIONS 5.25 Layout and Field Engineering. A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. 5.26 Separate Contracts and Cooperation. A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site. 5.27 Work Site. A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all        Packet Page. 393 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -52-00 72 00 – GENERAL CONDITIONS debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal. C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 5.28 Utility Usage. A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments. 5.29 Protection of Work and Property. A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of        Packet Page. 394 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -53-00 72 00 – GENERAL CONDITIONS workers and the public, and shall post danger signs warning against hazards created in the course of construction. C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Site over a route designated by the City. 4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City. Contractor shall not unreasonably encumber the Site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Work and the Site in a clean, safe condition. 10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.        Packet Page. 395 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -54-00 72 00 – GENERAL CONDITIONS E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project. 5.30 Emergencies. A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. ARTICLE 6 -MATERIALS; INSPECTION 6.1 Access to Work. A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs. 6.2 Materials. A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment        Packet Page. 396 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -55-00 72 00 – GENERAL CONDITIONS installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor. D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. 6.3 Test and Inspections. A. Inspection and Testing of Work and Materials 1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. 2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor. 3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. 4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests        Packet Page. 397 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -56-00 72 00 – GENERAL CONDITIONS or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. 5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. B. Testing of Materials 1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. 3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re- notify the Engineer when samples which are representative may be obtained. 4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not. 5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.        Packet Page. 398 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -57-00 72 00 – GENERAL CONDITIONS 6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense. 6.4 Requests for Substitutions. A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.        Packet Page. 399 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -58-00 72 00 – GENERAL CONDITIONS 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES 7.1 Soils Investigations. A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil. 7.2 Ownership of Site Materials Found. A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.        Packet Page. 400 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -59-00 72 00 – GENERAL CONDITIONS 7.3 Existence of Utilities at the Work Site. A. Existing Utilities 1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. 2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities. B. Utility Location 1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. 2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way. 3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” 4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.” 5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor        Packet Page. 401 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -60-00 72 00 – GENERAL CONDITIONS shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. 6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved. 7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting. C. Utility Relocation and Repair 1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions. 2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services. 3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The        Packet Page. 402 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -61-00 72 00 – GENERAL CONDITIONS Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages. 4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. 5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents. 6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work. D. Construction at Existing Utilities 1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in        Packet Page. 403 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -62-00 72 00 – GENERAL CONDITIONS Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work. 7.4 Trenches A. Trenches Five Feet or More in Depth. 1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. 1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article 9.1 Change Orders and Time Extensions. 3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease        Packet Page. 404 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -63-00 72 00 – GENERAL CONDITIONS or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 8 -PROSECUTION OF THE WORK 8.1 Contractor’s Means and Methods. A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 8.2 Construction Schedule. A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable. B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City. C. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order. D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the City: (1) prior to the start of construction, if there are any changes to the initial schedule;        Packet Page. 405 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -64-00 72 00 – GENERAL CONDITIONS (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week look- ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work. E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor. F. Recovery Schedule. 1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time: a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work; b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction; c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature. 2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule. 3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.        Packet Page. 406 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -65-00 72 00 – GENERAL CONDITIONS 4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence. Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time. 8.3 Time for Completion and Liquidated Damages A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather. D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or        Packet Page. 407 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -66-00 72 00 – GENERAL CONDITIONS negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work. The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays. F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.        Packet Page. 408 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -67-00 72 00 – GENERAL CONDITIONS 8.4 Contractor’s Responsibility for Work. A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid. 8.5 Occupancy. A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. 8.6 Securities for Money Withheld A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 8.7 The City’s Right to Suspend/Terminate the Contract A. Suspension of Work by the City 1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension. 2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: a. Immediately discontinue Work on the date and to the extent specified in the notice;        Packet Page. 409 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -68-00 72 00 – GENERAL CONDITIONS b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and d. Continue to protect and maintain the Work including those portions on which Work has been suspended. 3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract. B. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site. 3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment        Packet Page. 410 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -69-00 72 00 – GENERAL CONDITIONS within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract. C. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as        Packet Page. 411 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -70-00 72 00 – GENERAL CONDITIONS “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2. g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City. 4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed. 5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. 6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 8.8 Completion and Acceptance of Work A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.        Packet Page. 412 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -71-00 72 00 – GENERAL CONDITIONS 8.9 Warranty and Guaranty of Work. A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.        Packet Page. 413 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -72-00 72 00 – GENERAL CONDITIONS E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City. I. The City May Correct Defective Work 1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.        Packet Page. 414 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -73-00 72 00 – GENERAL CONDITIONS 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work. 4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work. J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION 9.1 Change Orders and Time Extensions All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. A. Change in Contract Procedures 1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time        Packet Page. 415 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -74-00 72 00 – GENERAL CONDITIONS extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders. 2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times: a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier. b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable. c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date. To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently. 3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change): a. A detailed description of the circumstances giving rise to the request; b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors; c. Supporting documentation for all costs; d. A time impact analysis showing the impact of the delay to the critical path to completion;        Packet Page. 416 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -75-00 72 00 – GENERAL CONDITIONS e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and f. Certification to the accuracy of the Change Order Request under penalty of perjury. The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination. 4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require. 5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY        Packet Page. 417 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -76-00 72 00 – GENERAL CONDITIONS OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient. 6. Change Order Format a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. B. Determining Adjustments to Compensation. 1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark- up added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work. 2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.        Packet Page. 418 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -77-00 72 00 – GENERAL CONDITIONS 3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City. 4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk. 5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows: a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.        Packet Page. 419 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -78-00 72 00 – GENERAL CONDITIONS (i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions: (i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request. (ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. (iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost. (iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor.        Packet Page. 420 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -79-00 72 00 – GENERAL CONDITIONS (v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. (vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above. e. Documentation of Time-and-Material Costs. (i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost. (ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work. f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices: (i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work; (ii) Office Expenses. Expenses of Contractor’s principal and branch offices; (iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;        Packet Page. 421 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -80-00 72 00 – GENERAL CONDITIONS (iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; (v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; (vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; (vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; (viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; (ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. (x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums. (xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements. 9.2 Procedure for Resolving Claims. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not        Packet Page. 422 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -81-00 72 00 – GENERAL CONDITIONS limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes. B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for: 1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3. An amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. D.Documentation. The Contractor shall submit all Claims in the following format:        Packet Page. 423 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -82-00 72 00 – GENERAL CONDITIONS 1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 2. List of documents relating to Claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit 5. Analysis of Claim cost, including calculations and supporting documents 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or        Packet Page. 424 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -83-00 72 00 – GENERAL CONDITIONS within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her        Packet Page. 425 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -84-00 72 00 – GENERAL CONDITIONS written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. J. Government Code Claim Procedures. 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with        Packet Page. 426 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -85-00 72 00 – GENERAL CONDITIONS the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 4.A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. ARTICLE 10 - MEASUREMENT; PAYMENT 10.1 Cost Breakdown. A. Lump Sum Work. 1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values. B. Unit Price Work. 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. 2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid. 3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:        Packet Page. 427 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -86-00 72 00 – GENERAL CONDITIONS a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and b. there is no corresponding adjustment with respect to any other item of Work; and c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease. 10.2 Progress Estimates and Payment. A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the Count for claims against Contractor.        Packet Page. 428 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -87-00 72 00 – GENERAL CONDITIONS 7. Failure of Contractor to keep the Record Drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement. F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. 10.3 Final Acceptance and Payment A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment. B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any        Packet Page. 429 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -88-00 72 00 – GENERAL CONDITIONS amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract. C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract. D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price. E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 11 - MISCELLANEOUS 11.1 Patents. A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention,        Packet Page. 430 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -89-00 72 00 – GENERAL CONDITIONS article or appliance manufactured, furnished or used by Contractor in the performance of this Contract. 11.2 Document Retention & Examination A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. 11.3 Notice. A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. 11.4 Notice of Third Party Claims A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. 11.5 State License Board Notice A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.        Packet Page. 431 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -90-00 72 00 – GENERAL CONDITIONS 11.6 Assignment of Contract A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. 11.7 Change In Name And Nature Of Contractor’s Legal Entity. A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds. 11.8 Prohibited Interests A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. 11.9 Controlling Law A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. 11.10 Jurisdiction; Venue A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. 11.11 Cumulative Remedies. A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any        Packet Page. 432 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -91-00 72 00 – GENERAL CONDITIONS or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 11.12 Survival of Obligations. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 11.13 Headings. A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 11.14 Assignment of Antitrust Actions A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements: 1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. 2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties. 11.15 All Legal Provisions Included A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with        Packet Page. 433 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 -92-00 72 00 – GENERAL CONDITIONS ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract. D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract. E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.        Packet Page. 434 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 93 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS ARTICLE 1 -SCOPE OF WORK 1.1 Location of the Project. A.See Drawing Number 13539 & Drawing Number 13540 for detailed project locations 1.2 Scope of Work. A. The Scope of Work consists of Major electrical circuit repairs are required to restore lighting in this area. The project would repair these circuits and upgrade the lighting fixtures to LED set for in Drawing Number 13539 & Drawing Number 13540. ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS 2.1 Section 2.12 Mobilization Paragraph B.8 add the following: No storage of equipment or materials will be allowed on private property, unless written permission has been provided to City, or in street right-of-way. 2.2 Section 5.5 Safety Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the work may affect them.” The following requirements will be added to Section 5.5.A. The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive: City of San Bernardino (Engineering)------------------------------------(909) 384-5019 Southern California Edison, Ben Murguia-------------------------------(909) 307-6788 Southern California Gas Company, Devry Jennings-------------------(909) 335-7772 San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092 Verizon Communications, Control Desk--------------------------------(909) 784-6655 AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642 Underground Service Alert------------------------------------------------(800) 227-2600 California Department of Transportation-------------------------------(909) 383-6920 2.3 Section 5.10 Water Quality Management and Compliance Section 5.10 of the General Conditions requirement for SWPPP shall not be required, flow chart [Const_LUP_Flowchart_DetPrjCov (ca.gov)] finds this project to be exempt, the following requirements will be added to Section 5.10:        Packet Page. 435 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 94 00 73 13 - SPECIAL CONDITIONS “Water Pollution Control,” of the Standard Specifications, and as amended by these Special Conditions, shall be considered as included in the lump sum bid item price for “WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP, and no additional compensation shall be allowed therefore. The Contractor shall be responsible for payment of any administrative fines that may be imposed on the City due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control. Administrative fines, if imposed, will be withheld from the Contractor’s payments. 2.4 Section 5.27 Work Site Section 5.27 Work Site, shall add the following requirements: The contractor shall notify all residents and business owners, in writing (both in English and in Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector. Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to any start of construction. Check with the City as to how far in advance to have the project signage to be in-placed. See Appendix “C”. The Contractor shall follow: Greenbook 2021, Section 302-3.8, pages 317; Greenbook 2021, Section 302-4.7, page 322, and Greenbook 2021, PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 543 to 550. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. Re-notification will be required if the Contractor’s schedule is altered or other delays occur, which significantly affects the scheduled work. Then, it shall be at Contractor’s expense. 2.5 Section 5.29 Protection of Work and Property Add Paragraph H and add the following: The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore.        Packet Page. 436 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 95 00 73 13 - SPECIAL CONDITIONS 2.6 Section 11.15 All Legal Provisions Included Work shall comply with the following releases of Books and Codes: •Greenbook 2021 •National Electrical Code (NEC) 2020 END OF SPECIAL CONDITIONS        Packet Page. 437 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 96 SPECIFICATIONS SPECIFICATIONS CONSTRUCTION BID ITEMS Each respective bid item and bid schedule as shown on the proposal form shall comply with all respective sections of the most current edition of Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence. Contractor shall provide all construction surveying and staking at no extra cost. Compensation for construction surveying and staking shall be considered as included in various bid items. No additional compensations will be allowed. Item 1.1 & 2.1 -MOBILIZATION: This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the Standard Specifications of Public Works Construction, 2018 edition, and these special provisions. Mobilization may include, but not be limited to, the following principal items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office (if needed) 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications. 6. Moving onto the site, including, but not limited to: A. Equipment B. Arranging for and erection of Contractor’s work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required). 9. Installing all temporary utilities (as required). 10. Establishing required fire protection provisions. 11. Posting all OSHA required notices and establishment of safety programs. 12. Posting of all Department of Labor notices. 13. Having the Contractor’s superintendent at the job site full-time and responding 24 hours per day. 14. Air and water quality protective measures, as necessary, and without limitation. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Demobilization of the Site. 17. Any other item as specified.        Packet Page. 438 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 97 SPECIFICATIONS The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be Included in the Bid Item provided for mobilization and demobilization and incidental project costs as a Lump Sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. Measurement and Payment Payment for this bid item, “MOBILIZATION,” shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Mobilization per project plans and specifications; no additional compensation will be allowed. Item 1.2 - DEMOLITION AND REMOVAL OF EXISTING SPORTS POLES NEWMARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13541 AND SCE PLANS. SPEICHER PARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13542 AND SCE PLANS Measurement and Payment The service cabinet and foundation bid price paid to remove field lighting service complete, including all wiring, conduit, concrete, grading and equipment and shall be paid for by the contract unit price paid per Each (EA) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to remove equipment in accordance as directed by the City Engineer. No additional compensation will be allowed therefore. Sports Lighting and Poles Demolition and removal of existing sports poles and related foundations shall become the ownership of the Contractor. The existing conduits and conductors shall be abandoned in place. Items 1.3, 1.5 through 1.8, 2.2, 2.4, 2.5, 2.6 – INSTALLATION OF MUSCO ITEMS, SWITCHGEAR AND UTILITY TRANSFORMER PER PLANS (poles, lights, concrete footing, Musco cabinet, Skylogic controller, wire terminations, etc). NEWMARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13541 AND SCE PLANS AND APPENDIX B. SPEICHER PARK: NEW SWITCHGEAR PER DRAWING # 13542 AND SCE PLANS AND APPENDIX B. The Contractor shall arrange with the service utility to complete service connection. Such request shall be submitted not less than 45 days before services connections are required. All fees charged by the Southern California Edison Company will be paid by the City. Measurement and Payment        Packet Page. 439 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 98 SPECIFICATIONS The service cabinet and foundation bid price paid to install street light service complete, including all wiring, concrete work, grading and equipment and shall be paid for by the contract unit price paid per Each (EA) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install a functional equipment in accordance with the Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.9 through 1.11 and 2.7 through2.8- PULL BOX PER CITY STD. DWG. SL-2- No 3 ½ and No 5 and No 6. Pull boxes shall be installed flush with the top of curb, finished grade or top of concrete sidewalk. Concrete pull box covers shall be inscribed: “ELECTRICAL HIGH VOLTAGE” Pull boxes shall be secured Penta Head Bolts (1/2”-13) and be in accordance with City Standards and Caltrans Standards. The contractor shall provide two (2) Penta Head sockets capable of installing/removing the Penta Head Bolts to the Engineer. All pull boxes not flush with concrete, contractor shall install a 6 inch wide by 6 inch deep concrete skirt around the pull box perimeter. For all pull boxes, after all wires are pulled into the pull boxes, install a layer of plastic sheet, fill with grout to the top, and install lid. Measurement and Payment The contract bid price paid to install concrete pull box complete, including grading, concrete, and equipment and shall be paid for by the contract unit price paid per Each (EA) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install pull boxes with the Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.4, 2.3 – FURNISH AND INSTALL SPORTS POLE CONCRETE FOOTING: The contractor will furnish and install sports light standard with new foundation, including LED fixtures in accordance with the plans and appendix “B”. Lighting Standard Lighting standards shall be Musco unless otherwise specified by the City Engineer. Luminaires Luminaires shall be Musco as shown on the plans. All proposed fixtures shall be from a single manufacturer. Measurement and Payment This item shall be measured as each and shall be paid per Each (EA) and shall be considered as full compensation furnishing and installing new lighting standard (including foundation,        Packet Page. 440 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 99 SPECIFICATIONS concrete, conduit work, grading, and electoral wiring) and lighting fixture (including shorting caps/photocell), labelling the face of the fixture with wattage tags, pole tags, and providing all labor, materials, tools, equipment, and incidentals for doing all work involved. The contractor unit price shall include full compensation for a fully furnished standard and luminaire and all its component as indicated in these special provisions. The unit price shall include all labor and materials of complete components including all necessary cables, connectors, in-line fuses, cable terminations, complete in place for intended operation, as directed per the manufacture specifications. Item 1.12, 2.9 - 2” SCHEDULE 80 PVC CONDUIT Item 1.13, 2.10 – 2-1/2” SCHEDULE 80 PVC CONDUIT Conduit shall conform to Sub-Section 700-3.5, “Conduit” of the Greenbook. The contractor shall use rigid polyvinyl chloride (PVC) Schedule 80 for underground and above ground use. Conduits passing under roadways shall be installed by trenching in pavement as shown on the plans. Installation of conduit shall include all work necessary included to install the conduit, including trenching, backfilling, repairing of trenching. Conduits shall be placed at the following depths below grade: a) 18-inches, within parkways and medians, back of curbs, grass fields, and under concrete sidewalks. b) 24-inches when crossing or within the paved roadway. Measurement and Payment The contract bid price paid to install Schedule 80 PVC Conduit including trenching, pavement and sidewalk repairs including new concrete sidewalk, 4” full panels replacements, 95% sub-grade compaction, 2 sack minimum slurry fill for trench & AC final cap per City of San Bernardino modified Standard Plan Number 310 (See Appendix D), and all ancillary work shall be paid for by the contract unit price paid per Linear Foot (LF) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install Schedule 80 PVC Conduit with Pull Rope per; the SCE Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.14 - #12 CONDUCTOR Item 1.15, 2.11 - #10 CONDUCTOR Item 1.16, 2.12 - #8 CONDUCTOR Item 1.17, 2.13, 2.14, 2.15 - #6, #4, #1 CONDUCTOR Item 1.18 through 1.20 - #2, #4/0, #250 CONDUCTOR Conductors shall be UL listed and rated for 600-volt operation. The insulation shall be one of the following:        Packet Page. 441 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 100 SPECIFICATIONS a) Type TW polyvinyl chloride conforming to the requirements of ASTM Designation: D2219 b) Type THW or THWN polyvinyl chloride. c) Type USE, Type RHH or Type RHW cross-linked polyethylene. At any point, the minimum thickness of any of the above insulations shall be 40 mils for conductor sizes No. 14 to No. 10, inclusive, and 54 mils for No. 8 to No. 2, inclusive. Measurement and Payment The contract bid price paid to install Conductors including all ancillary work shall be paid for by the contract unit price paid per Linear Foot (LF) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install Conductors with the Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.21, 1.22, 1.23, 1.24, 1.26, 2.16, 2.17, 2.18 – NEW SWITCHGEAR WITH METER AND CONCRETE PADS TRANSFORMER AND SWITCHGEARS, WIRE CONNECTIONS AT SWITCHGEAR NEWMARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13541 AND SCE PLANS. SPEICHER PARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13542 AND SCE PLANS The Contractor shall arrange with the service utility to complete service connection. Such request shall be submitted not less than 45 days before services connections are required. All fees charged by the Southern California Edison Company will be paid by the City. Measurement and Payment The service cabinet and foundation bid price paid to install street light service complete, including all wiring, concrete work, grading and equipment and shall be paid for by the contract unit price paid per Lump Sum (LS) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install a functional equipment in accordance with the Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.25, 1.27, 1.28, 1.29, 2.19, 2.20, 2.21, 2.22 – UTILITY SECONDARY CONDUIT, TRENCH AND BACKFILL, PATCH AND REPAIR OF SITE TURF AREAS, PATCH AND REPAIR OF SITE ASPHALT AREAS NEWMARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13541 AND SCE PLANS. SPEICHER PARK: NEW SWITCHGEAR AND UTILITY TRANSFORMER PAD PER DRAWING # 13542 AND SCE PLANS The Contractor shall arrange with the service utility to complete service connection. Such request shall be submitted not less than 45 days before services connections are required. All fees charged by the Southern California Edison Company will be paid by the City.        Packet Page. 442 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 101 SPECIFICATIONS Trenching backfilling and restoration elevations shall be in accordance with the plans and Appendix “D”. Measurement and Payment The service cabinet and foundation bid price paid to install street light service complete, including all wiring, concrete work, trenching, repair of turf & asphalt, grading and equipment and shall be paid for by the contract unit price paid per Length Feet (LF) and shall include full compensation for providing all material, tools and equipment, and for doing all the work necessary to install a functional equipment in accordance with the Plans, the Greenbook, Caltrans Standard Plans, these Special Provisions, and as directed by the City Engineer. No additional compensation will be allowed therefore. Item 1.30 and 2.23 - Water Pollution Control, Best Management Practices “Water Pollution Control,” of the Standard Specifications, and as amended by these Special Conditions, shall be considered as included in the lump sum bid item price for “WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)” Measurement and Payment Price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP, and no additional compensation shall be allowed therefore. All work be paid by the contract unit price paid per Lump Sum (LS) and shall include full compensation The Contractor shall be responsible for payment of any administrative fines that may be imposed on the City due to the Contractor’s failure to comply with the terms of the applicable permits regulating Water Pollution Control. Administrative fines, if imposed, will be withheld from the Contractor’s payments. Item 1.31 and 2.24 – Project Signs Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Sign, and as specified in these Special Provisions. Submit a shop drawing for all sign panels, and the Manufacturer's data for the Sign Panels. MATERIALS A. 4 feet by 8 feet Project Signs shall be constructed per these specifications for Plywood single sheet and laminated panel signs. B. Color of signs, panels and lettering shall be as indicated on the drawing in Appendix “C” of these specifications. C. Sign Posts shall be constructed of 4x4 wood and shall conform to the provisions of Caltrans RS1 (Urban Location) & RS2 (Two Post Installation) D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of Caltrans RS2 (Two Post Installation) INSTALLATION A. For this contract, one (1) Project Information Sign shall be installed, relocated or modified for each location as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans.        Packet Page. 443 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 102 PLANS AND DRAWINGS PLANS AND DRAWINGS THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED WITHIN [PLANET BIDS WEBSITE], located at [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] IN THEIR ENTIRETY: 1. Drawing Number 13541 (Newmark Set) 2. Drawing Number 13542 (Speicher Set) 3. Drawing Number TD2122082 (Newmark SCE Set) 4. Drawing Number TD2181151 (Speicher SCE Set)        Packet Page. 444 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 103 APPENDECIES APPENDIX “A” CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE APPLICATION FORM        Packet Page. 445 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 104 APPENDECIES        Packet Page. 446 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 105 APPENDECIES APPENDIX “B” MUSCO SPECIFICATIONS        Packet Page. 447 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 106 APPENDECIES ALL MUSCO SPECIFICATIONS ARE INCORPORATED WITHIN [PLANET BIDS WEBSITE], located at [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] IN THEIR ENTIRETY:        Packet Page. 448 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 107 APPENDECIES APPENDIX “C” CONSTRUCTION 4’ X 8’ PROJECT SIGNS        Packet Page. 449 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 108 APPENDECIES CITY OF SAN BERNARDINO Building a Better San Bernardino NEWMARK BALL FIELD LIGHTING SYSTEM DESIGN Project No. PR22-001 Estimated Start: August 2024 Funding Provided By: AB 1600 Council Ward: 4 Helen Tran, Mayor Charles Montoya, City Manager Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo. Two post installation using 4x4 wood.        Packet Page. 450 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 109 APPENDECIES CITY OF SAN BERNARDINO Building a Better San Bernardino SPEICHER MULTIPURPOSE FIELD LIGHTING SYSTEM DESIGN Project No. PR22-003 Estimated Start: August 2024 Funding Provided By: AB 1600 Council Ward: 2 Helen Tran, Mayor Charles Montoya, City Manager Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo. Two post installation using 4x4 wood.        Packet Page. 451 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 110 APPENDECIES APPENDIX “D” TYPICAL DETAIL RESTORATION PERMANENT SURFACING / TRENCHING        Packet Page. 452 GENEVIEVE CIRCUIT LIGHTING UPGRADE TC22-008 & RALSTON CIRCUIT LIGHTING UPGRADE TC22-009 111 APPENDECIES        Packet Page. 453 BID TABULATION FOR PR22-001, PR22-003: Newmark and Speicher field lighting BID OPENING: 08/31/23 @ 2:30PM FILE: Project: PR22-001, PR22-003: Newmark and Speicher field lighting Item No.BID ITEM DESCRIPTION Estimated Quantity Unit BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total SCHEDULE NO. 1 Newmark 1.1 MOBILIZATION 1 LS 10,000.00$ 10,000.00$ 50,000.00$ 50,000.00$ 10,000.00$ 10,000.00$ 1.2 DEMOLITION AND REMOVAL OF EXISTING SPORTS POLES 4 EA 3,500.00$ 14,000.00$ 4,000.00$ 16,000.00$ 5,000.00$ 20,000.00$ 1.3 FURNISH AND INSTALL SPORTS LIGHT POLES AND LIGHTS 9 EA 46,306.22$ 416,755.98$ 35,000.00$ 315,000.00$ 48,000.00$ 432,000.00$ 1.4 FURNISH AND INSTALL SPORTS POLE CONCRETE FOOTINGS 9 EA 9,774.00$ 87,966.00$ 4,500.00$ 40,500.00$ 11,000.00$ 99,000.00$ 1.5 FURNISH AND INSTALL MUSCO CONTROL CABINETS 1 EA 15,176.00$ 15,176.00$ 12,000.00$ 12,000.00$ 19,000.00$ 19,000.00$ 1.6 SALVAGE EXISTING SKYLOGIX CONTROL AND INSTALL IN NEW CABINET 1 EA 6,000.00$ 6,000.00$ 5,500.00$ 5,500.00$ 31,000.00$ 31,000.00$ 1.7 WIRE TERMINATION AT ALL LIGHTING POLES 18 EA 525.00$ 9,450.00$ 150.00$ 2,700.00$ 300.00$ 5,400.00$ 1.8 FURNISH INSTALL PARKING LOT LIGHTING POLE & FOOTING 9 EA 6,639.00$ 59,751.00$ 2,500.00$ 22,500.00$ 10,000.00$ 90,000.00$ 1.9 FURNISH AND INSTALL NO. 3 1/2 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 7 EA 1,073.00$ 7,511.00$ 325.00$ 2,275.00$ 1,700.00$ 11,900.00$ 1.1 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 13 EA 1,073.00$ 13,949.00$ 325.00$ 4,225.00$ 1,700.00$ 22,100.00$ 1.11 FURNISH AND INSTALL NO. 6 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 7 EA 1,073.00$ 7,511.00$ 325.00$ 2,275.00$ 2,500.00$ 17,500.00$ 1.12 FURNISH AND INSTALL 2" SCHEDULE 80 PVC CONDUIT 3,500 LF 15.53$ 54,355.00$ 110.00$ 385,000.00$ 22.00$ 77,000.00$ 1.13 FURNISH AND INSTALL 2-1/2” SCHEDULE 80 PVC CONDUIT 1,500 LF 25.37$ 38,055.00$ 110.00$ 165,000.00$ 26.00$ 39,000.00$ 1.14 FURNISH AND INSTALL #12 CONDUCTOR 2,000 LF 2.29$ 4,580.00$ 0.32$ 640.00$ 2.00$ 4,000.00$ 1.15 FURNISH AND INSTALL #10 CONDUCTOR 4,000 LF 2.85$ 11,400.00$ 0.50$ 2,000.00$ 2.00$ 8,000.00$ 1.16 FURNISH AND INSTALL #8 CONDUCTOR 3,000 LF 2.47$ 7,410.00$ 0.90$ 2,700.00$ 3.00$ 9,000.00$ 1.17 FURNISH AND INSTALL #6 CONDUCTOR 2,000 LF 3.22$ 6,440.00$ 1.44$ 2,880.00$ 4.00$ 8,000.00$ 1.18 FURNISH AND INSTALL #2 CONDUCTOR 5,500 LF 3.83$ 21,065.00$ 3.20$ 17,600.00$ 7.00$ 38,500.00$ 1.19 FURNISH AND INSTALL #4/0 CONDUCTOR 1,300 LF 12.73$ 16,549.00$ 9.20$ 11,960.00$ 15.00$ 19,500.00$ 1.2 FURNISH AND INSTALL #250 CONDUCTOR 1,300 LF 13.47$ 17,511.00$ 10.60$ 13,780.00$ 17.00$ 22,100.00$ 1.21 NEW SWITCHGEAR WITH METER 1 LS 23,870.00$ 23,870.00$ 24,000.00$ 24,000.00$ 51,000.00$ 51,000.00$ 1.22 NEW CONCRETE PAD FOR SWITCHGEAR 1 LS 2,900.00$ 2,900.00$ 8,500.00$ 8,500.00$ 14,000.00$ 14,000.00$ 1.24 UTILITY TRANSFORMER PAD 1 LS 4,765.00$ 4,765.00$ 1,800.00$ 1,800.00$ 10,000.00$ 10,000.00$ 1.25 UTILITY SECONDARY CONDUIT 15 LF 127.00$ 1,905.00$ 60.00$ 900.00$ 250.00$ 3,750.00$ 1.26 WIRE CONNECTIONS AT SWITCHGEAR 1 LS 7,750.00$ 7,750.00$ 1,500.00$ 1,500.00$ 6,000.00$ 6,000.00$ 1.27 TRENCHING AND BACKFILL 500 LF 13.65$ 6,825.00$ 100.00$ 50,000.00$ 50.00$ 25,000.00$ 1.28 PATCH AND REPAIR OF SITE TURF AREAS 1,500 LF 4.65$ 6,975.00$ 3.25$ 4,875.00$ 17.00$ 25,500.00$ 1.29 PATCH AND REPAIR OF SITE ASPHALT AREAS 800 LF 52.00$ 41,600.00$ 40.00$ 32,000.00$ 75.00$ 60,000.00$ 1.3 WATER POLLUtION CONTROL, BEST MANAGEMENT PRACTICES 1 LS 1,500.00$ 1,500.00$ 2,500.00$ 2,500.00$ 3,000.00$ 3,000.00$ 1.31 Project signs 1 EA 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 2,000.00$ 2,000.00$ Sub Total 925,524.98$ 1,202,110.00$ 1,183,250.00$ SCHEDULE NO. 2 Speicher 2.1 MOBILIZATION 1 LS 10,000.00$ 10,000.00$ 35,000.00$ 35,000.00$ 10,000.00$ 10,000.00$ 2.2 FURNISH AND INSTALL SPORTS LIGHT POLES AND LIGHTS 6 EA 65,184.67$ 391,108.02$ 35,000.00$ 210,000.00$ 73,000.00$ 438,000.00$ 2.3 FURNISH AND INSTALL SPORTS POLE CONCRETE FOOTINGS 6 EA 9,666.67$ 58,000.02$ 4,500.00$ 27,000.00$ 11,000.00$ 66,000.00$ 2.4 FURNISH AND INSTALL MUSCO CONTROL CABINETS 1 EA 15,176.00$ 15,176.00$ 12,000.00$ 12,000.00$ 20,000.00$ 20,000.00$ 2.5 FURNISH AND INSTALL SKYLOGIX CONTROL AND INSTALL IN NEW CABINET 1 EA 6,000.00$ 6,000.00$ 5,500.00$ 5,500.00$ 28,000.00$ 28,000.00$ 2.6 WIRE TERMINATION AT ALL LIGHTING POLES 6 EA 525.00$ 3,150.00$ 150.00$ 900.00$ 400.00$ 2,400.00$ 2.7 FURNISH AND INSTALL NO. 3 1/2 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 5 EA 1,073.00$ 5,365.00$ 325.00$ 1,625.00$ 2,000.00$ 10,000.00$ 2.8 FURNISH AND INSTALL NO. 5 PULL BOX PER CITY OF SAN BERNARDINO STANDARD DRAWING SL-2 7 EA 1,073.00$ 7,511.00$ 325.00$ 2,275.00$ 2,500.00$ 17,500.00$ 2.9 FURNISH AND INSTALL 2" SCHEDULE 80 PVC CONDUIT 3,000 LF 15.53$ 46,590.00$ 110.00$ 330,000.00$ 23.00$ 69,000.00$ 2.1 FURNISH AND INSTALL 2-1/2” SCHEDULE 80 PVC CONDUIT 200 LF 25.37$ 5,074.00$ 110.00$ 22,000.00$ 41.00$ 8,200.00$ 2.11 FURNISH AND INSTALL #10 CONDUCTOR 3,700 LF 2.85$ 10,545.00$ 0.50$ 1,850.00$ 2.00$ 7,400.00$ 2.12 FURNISH AND INSTALL #8 CONDUCTOR 13,000 LF 2.47$ 32,110.00$ 0.90$ 11,700.00$ 3.00$ 39,000.00$ 2.13 FURNISH AND INSTALL #4 CONDUCTOR 3,100 LF 4.05$ 12,555.00$ 2.20$ 6,820.00$ 6.00$ 18,600.00$ 2.14 FURNISH AND INSTALL #1 CONDUCTOR 600 LF 5.82$ 3,492.00$ 1.80$ 1,080.00$ 9.00$ 5,400.00$ 2.15 FURNISH AND INSTALL #6 CONDUCTOR 200 LF 3.22$ 644.00$ 1.44$ 288.00$ 5.00$ 1,000.00$ 2.16 NEW SWITCHGEAR WITH METER 1 LS 37,396.00$ 37,396.00$ 28,210.00$ 28,210.00$ 56,000.00$ 56,000.00$ 2.17 WIRE CONNECTIONS AT SWITCHGEAR 1 LS 3,590.00$ 3,590.00$ 1,500.00$ 1,500.00$ 7,000.00$ 7,000.00$ 2.18 NEW CONCRETE PAD FOR SWITCHGEAR 1 LS 2,900.00$ 2,900.00$ 8,500.00$ 8,500.00$ 16,000.00$ 16,000.00$ 2.19 UTILITY SECONDARY CONDUIT 300 LF 127.00$ 38,100.00$ 20.00$ 6,000.00$ 85.00$ 25,500.00$ 2.2 TRENCHING AND BACKFILL 500 LF 13.65$ 6,825.00$ 100.00$ 50,000.00$ 60.00$ 30,000.00$ 2.21 PATCH AND REPAIR OF SITE TURF AREAS 1,600 LF 4.65$ 7,440.00$ 3.25$ 5,200.00$ 25.00$ 40,000.00$ 2.22 PATCH AND REPAIR OF SITE ASPHALT AREAS 400 LF 52.00$ 20,800.00$ 40.00$ 16,000.00$ 90.00$ 36,000.00$ 1.23 WATER POLLUtION CONTROL, BEST MANAGEMENT PRACTICES 1 LS 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 2,700.00$ 2,700.00$ 1.24 Project sign 1 EA 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ Sub Total 727,871.04$ 786,448.00$ 955,200.00$ TOTAL BID SCHEDULE 1,988,558.00$ 1,653,396.02$ LOW BIDDER FEC Electric Inc. 3RD LOW Ace Electric Inc. 2ND LOW Southern Contracting Company 2,138,450.00$        Packet Page. 454        Packet Page. 455        Packet Page. 456        Packet Page. 457        Packet Page. 458        Packet Page. 459        Packet Page. 460        Packet Page. 461        Packet Page. 462        Packet Page. 463        Packet Page. 464        Packet Page. 465        Packet Page. 466        Packet Page. 467        Packet Page. 468        Packet Page. 469        Packet Page. 470        Packet Page. 471        Packet Page. 472        Packet Page. 473        Packet Page. 474        Packet Page. 475        Packet Page. 476        Packet Page. 477        Packet Page. 478        Packet Page. 479        Packet Page. 480        Packet Page. 481        Packet Page. 482        Packet Page. 483        Packet Page. 484        Packet Page. 485        Packet Page. 486        Packet Page. 487        Packet Page. 488        Packet Page. 489 Newmark Little Leag u e F ield s 300 ft N➤➤N        Packet Page. 490 Spei ch er Park M ultip urpo se Fiel d 400 ft N➤➤N        Packet Page. 491 2 2 8 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Department:Public Works Subject:Approving Amendment No. 2 to Cooperative Agreement No. 22-1002720 with the San Bernardino County Transportation Authority (SBCTA) for the State Route 210/ Waterman Avenue Interchange Project (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-198: 1. Authorizing the Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $322,806 from the Measure I Fund, for a total-not-to exceed amount of $1,948,934. and; 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 22-1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR-210) interchange Project. Executive Summary The primary goal of the State Route 210/Waterman Avenue Interchange Project is to improve traffic flow, enhance safety, and reduce congestion for all users. However, due to higher construction bid costs, Amendment No. 2 is needed to clearly define the funding responsibilities for the increased project expenses. The total additional cost, amounting to $322,806, will be covered by the City. This amendment is essential to continue the project and award the construction contract. The project is already included in the City’s Capital Improvement Plan and the Five-        Packet Page. 492 2 2 8 0 Year Measure I Capital Improvement Plan, with no impact on the General Fund Background The City of San Bernardino, in partnership with the San Bernardino Transportation Authority (SBCTA), has embarked on a crucial project to improve the State Route 210/Waterman Avenue Interchange. This project, initiated due to the increasing congestion and accessibility challenges at the I-210 Freeway's Waterman Avenue Eastbound off-ramp, is designed to significantly enhance traffic flow, safety, and overall operational efficiency. The interchange serves as a vital connector for residents, commuters, and visitors, providing access to key destinations in the region. However, the current configuration has led to traffic bottlenecks, delays, and safety concerns, particularly during peak hours. To address these issues, the project will add two southbound left turn lanes on Waterman Avenue leading to the I-210 eastbound on-ramp. Additionally, the eastbound on-ramp will be widened by adding an approximately 700-foot auxiliary lane, which will safely accommodate vehicles and allow smooth weaving between those using both left-turn lanes. This auxiliary lane will converge with the existing lane before merging with the mainline, improving traffic flow and reducing potential points of conflict. Further enhancements include the construction of a retaining wall adjacent to the eastbound on-ramp, the removal of the raised median curb on the Waterman Avenue Bridge, and the re-striping of lanes at the Waterman Avenue and East 30th Street intersection to allow for two northbound left-turn lanes. These comprehensive improvements are crucial for reducing congestion, enhancing safety, and ensuring that the interchange meets the growing demands of the community, ultimately contributing to a smoother and safer travel experience for all. This partnership between the City and SBCTA has enabled the initiation of phased improvements to the interchange. The first phase of these improvements has been recognized as eligible under the Valley Interchange Phasing Program and is included in the most recent 10-year Delivery Plan and Nexus Study, which have been approved by the SBCTA Board of Directors. On December 15, 2021, the Mayor and City Council approved Resolution No. 2021- 300 and Cooperative Agreement No. 22-1002720 which assumed the terms and conditions of the Cooperative Agreement. This cooperative agreement was for a total amount of $1,398,270, that was provided through Measure I funds, which included $400,000 from FY2021/22, and $998,270 from FY2022/23, to complete the project. On January 5, 2022, the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding for this Project through the Measure I Valley Interchange Phasing Program. At the same meeting, SBCTA and the City of San Bernardino entered into Cooperative Agreement No. 22-1002720 for roles and responsibilities for the development, construction, and funding of the Project. Under        Packet Page. 493 2 2 8 0 the agreement, SBCTA will lead the design and administer the construction contract and the City of San Bernardino will contribute its share according to the SBCTA Nexus formula. In late 2022, environmental studies and preliminary design for the State Route 210/Waterman Avenue Interchange Project began. By November 2023, the draft 100% Plans, Specifications, and Estimates (PS&E) package was submitted to the California Department of Transportation (Caltrans) for final review, with comments on the project design received from all reviewers in January 2024. In early 2024, after completing the draft 100% PS&E, it was submitted to Caltrans for final approval. Considering the cost estimate for the draft 100% PS&E package and recent trends in bids for other projects—particularly the rising costs of concrete and labor—SBCTA and City staff agreed to increase the project budget. As a result, Amendment No. 1 to Cooperative Agreement No. 22-1002720 was fully executed on April 3, 2024, through Resolution 2024-062, which included the appropriation of $227,858 using Measure S funds, bringing the total not-to-exceed balance to $1,626,128. Please see funding table below for details: Discussion On May 31, 2024, the project was advertised to potential bidders by SBCTA, and by July 16, 2024, seven bids were received. These bids ranged from $7,175,766 to $13,996,410, significantly exceeding the engineer's estimate of $4,743,380, which was originally used for the funding table in Cooperative Agreement No. 22-1002720. The lowest bid resulted in a net project cost increase of $1,773,658 above the authorized amount in the cooperative agreement. Please see table below: Contractor Bid Amount City CT&T concrete paving, Inc.$7,175,766.29 Diamond Bar, CA Granite Construction Company $7,275,727.00 Murrieta, CA Riverside Construction Company, Inc. $7,292,177.50 Riverside , CA Griffith Company $7,660,787.41 Brea, CA Sema Construction, Inc.$8,168,421.27 Riverside, CA Ral Investment Corporation $8,293,043.16 San Diego, CA Measure I - FY21/22 $400,000.00 Measure I - FY22/23 $998,270.00 Amend No.1 - Measure S $227,858.00 Total Not-to-Exceed $1,626,128.00 Co-Op Agreement Funding Details        Packet Page. 494 2 2 8 0 Nationwide Contracting Service, Inc. $13,996,410.25 Huntington Beach, CA To accommodate this increase, $1,450,852 will be covered by SBCTA’s Measure I funds, while $322,806 will be funded by the City’s share of Measure I funds. The cost increases will be split with the City contributing 15.8% and SBCTA covering 84.2%. An amendment to Cooperative Agreement No. 22-1002720 is necessary to maintain the project schedule and enable the awarding of the construction contract. Staff are recommending that the Mayor and City Council approve Amendment No. 2 to Cooperative Agreement No. 22-1002720 with SBCTA, which will increase the total project costs and adjust the City’s contribution. The current agreement includes funding from Measure I for FY21/22 ($400,000.00) and FY22/23 ($998,270.00), as well as $227,858.00 from Measure S, totaling a not-to-exceed amount of $1,626,128.00. With Amendment No. 2, an additional $322,806 from the City’s share of Measure I funds will be added, bringing the new total not-to-exceed amount to $1,948,934. Please see updated funding table below: The cost increases outlined in this amendment will be funded through Measure I. SBCTA has delegated the authority to approve Amendment No. 2 to the Executive Director, ensuring a swift transition once the amendment is approved by the Mayor and City Council. Upon approval, SBCTA will begin the award process, with the anticipated contract award occurring around September 2024. Construction is expected to start in the last week of November 2024 and will continue for approximately 10 months. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1e: Minimize risk and litigation exposure. This project will enhance travel path safety for the non-motoring public and contribute to clean and attractive non-motorized infrastructure network designed to support long term economic growth. Fiscal Impact There is no General Fund impact associated with this action. Fiscal Year 2024/25 CIP Budget will be amended by $322,806 utilizing the Measure I fund balance. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-198: Previous Not-to-Exceed $1,626,128.00 Amend. No. 2 - Measure I $322,806.00 Total New Not-to-Exceed $1,948,934.00 Co-Op Agreement Funding Details        Packet Page. 495 2 2 8 0 1. Authorizing the Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $322,806 from the Measure I Fund, for a total-not-to exceed amount of $1,948,934. and; 2. Authorizing the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 22-1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR-210) interchange Project. Attachments Attachment 1 Resolution 2024-198 Attachment 2 Amendment No.2 SBCTA Cooperative Agreement Attachment 3 Amendment No.1 SBCTA Cooperative Agreement Attachment 4 SBCTA Cooperative agreement Attachment 5 Construction Cost and cash flow Forecast Ward: Seventh Ward Synopsis of Previous Council Actions: December 15, 2021 Resolution No. 2021-300 Resolution of the Mayor and City Council approving Cooperative Agreement No. 22-1002720. April 3, 2024 Resolution No 2024-062 Resolution of the Mayor and City Council approving Amendment No 1.        Packet Page. 496 Resolution No. 2024-198 Resolution 2024-198 September 4, 2024 Page 1 of 3 5 3 4 2 RESOLUTION NO. 2024-198 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE STATE ROUTE 210/WATERMAN AVENUE INTERCHANGE PROJECT BUDGET IN THE AMOUNT OF $322,806 FROM THE MEASURE I FUND FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,948,934, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. 22-1002720 WITH SAN BENRARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR WATERMAN AVENUE AT STATE ROUTE 210 (SR-210) INTERCHANGE PROJECT WHEREAS, the City of San Bernardino intends to initiate phased improvements of the Waterman Avenue at State Route 210 (SR-210) interchange within the limits of the City; and WHEREAS, the parties have already entered into agreement to delineate roles, responsibilities relative to project management, Project Approval/Environmental Documents, Plan Specification and Estimates, Right of Way, and Construction of the project; and WHEREAS, the improvements will include converting one southbound lane and one northbound lane into a left-turn lane and widening the eastbound on-ramp to two lanes; and WHEREAS, the project improvements are funded by Measure I and Measure S; and WHEREAS, Resolution 2021-300, approved by the Mayor and City Council on December 15, 2021, provided funding in the amount of $1,398,270 from Measure I for Cooperative Agreement No. 22-1002720 with SBCTA; and WHEREAS, Resolution 2024-062, approved by the Mayor and City Council on April 3, 2024, provided funding in the amount of $227,858 from Measure S for Amendment No. 1 on Cooperative Agreement No. 22-1002720 with SBCTA; and WHEREAS, on July 16, 2024 SBCTA received seven bids for the construction of the project which came in above the engineer’s estimate, resulting in the need for Amendment No. 2 to the Cooperative Agreement No. 22-1002720-02; and WHEREAS, the City is requesting $322,806 from Measure I for Amendment No. 2 to Cooperative Agreement No. 22-1002720-02, which will bring the new total not-to-exceed amount to $1,948,934, ensuring the project can continue and the construction contract can be awarded.        Packet Page. 497 Resolution No. 2024-198 Resolution 2024-198 September 4, 2024 Page 2 of 3 5 3 4 2 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 Director of Finance and Management Services to amend the State Route 210/Waterman Avenue Interchange Project budget in the amount of $322,806 from the Measure I Fund, for a total not-to-exceed amount of $1,948,934. SECTION 3. The Mayor and City Council hereby authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 22-1002720 with the San Bernardino County Transportation Authority (SBCTA) for Waterman Avenue at State Route 210 (SR-210) interchange Project. SECTION 4.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 498 Resolution No. 2024-198 Resolution 2024-198 September 4, 2024 Page 3 of 3 5 3 4 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. 2024-198, adopted at a regular meeting held on the 4th day of September 2024 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 ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 499 1 Amendment No. 2 to 22-1002720 AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO 22-1002720 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO FOR PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW), AND CONSTRUCTION PHASES FOR THE WATERMAN AVENUE AT STATE ROUTE 210 (SR-210) INTERCHANGE IN THE CITY OF SAN BERNARDINO I. PARTIES A. This Amendment No. 2 to Cooperative Agreement 22-1002720 (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 January 2022, PARTIES entered into AGREEMENT to define roles, responsibilities and funding for improvements for the PA/ED, PS&E, ROW, CONSTRUCTION phases for the first phase of improvements at State Route 210 (SR-210) and Waterman Avenue in the City of San Bernardino (PROJECT); B. PROJECT is is identified as eligible for funding under the Valley Interchange Phasing program with a $10 Million PROJECT cost limit and 81.8% public share; C. PARTIES completed the draft 100% plans and specifications in February 2024; and D. In April 2024, PARTIES entered Amendment No. 1 to AGREEMENT to reflect estimated cost increases in the Construction phase for PROJECT based on the draft 100% plans and specifications; and E. In May 2024, the construction contract for PROJECT was advertised for bids; and F. On June 12, 2024, bids were opened on PlanetBids, SBCTA’s online procurement program; and G. The apparent lowest bid was greater than the estimate used for Amendment No. 1 for AGREEMENT, which necessitates an amendment to AGREEMENT to reflect the increased cost; and H. The increase in the construction phase resulted in a total PROJECT cost increase of        Packet Page. 500 2 Amendment No. 2 to 22-1002720 $1,773,658, comprised of an increase of $322,806 of Development/Local Share and an increase of $1,450,852 of Public Share; and I. PARTIES desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT. NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows: 1.Attachment A.1 to the AGREEMENT shall be deleted in its entirety and replaced with Attachment A.2, attached to this Amendment No. 2 and incorporated herein by reference. 2.Except as amended by this Amendment No. 2, all other provisions of the AGREEMENT 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 and CITY. 6.Unless otherwise defined herein, all capitalized terms used in this Amentment No. 1 shall have the same meaning as defined in the AGREEMENT. --------------------------Signatures on Following Page--------------------------        Packet Page. 501 3 Amendment No. 2 to 22-1002720 IN WITNESS WHEREOF, PARTIES have duly executed Amendment No. 2 to Agreement 22-1002720 below: SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF SAN BERNARDINO By:___________________________By:__________________________ Ray Marquez Rochelle Clayton President, Board of Directors Acting City Manager Date:__________________________Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By:____________________________By:____________________________ Juanda L. Daniel Assistant General Counsel Sonia R. Carvalho City Attorney        Packet Page. 502 4 Amendment No. 2 to 22-1002720 Amendment No. 2 to Cooperative Agreement 22-1002720 Attachment A.2 Project Scope: At the Waterman Avenue State Route 210 (SR 210) interchange, convert southbound and northbound through lane into a left-turn lane and widen eastbound on-ramp to two lanes. Project Cost Estimate and Funding Shares SBCTA’s Share: Public Share: 81.8% City’s Share: Development Share or Local Share: 18.2% (City of San Bernardino) Estimated Costs Public Share Development/ Local Share PA/ED $207,285 $169,559 $37,726 PS&E $501,848 $410,512 $91,336 ROW $0 $0 $0 Construction $8,900,392 $7,280,521 $1,619,871 SBCTA Oversight $200,000 $0 $200,000 TOTAL $9,809,525 $7,860,521 $1,948,934        Packet Page. 503        Packet Page. 504        Packet Page. 505        Packet Page. 506        Packet Page. 507        Packet Page. 508        Packet Page. 509        Packet Page. 510        Packet Page. 511        Packet Page. 512        Packet Page. 513        Packet Page. 514        Packet Page. 515        Packet Page. 516 Forecast at Completion TOTAL Forecast at Completion CITY SR‐210 Waterman Cooperative Agreement 22‐1002720 ‐ Amendment 1 Cost to Date Forecast Balance TOTAL Forecast Balance CITY7/16/2024 TOTAL 207,285 MSI 169,559 CITY OTHER TOTAL Project Report and Environmental App $ Plans, Specifications, and Estimates Right of Way Acquisition Construction & Construction Managem $ SBCTA Project Management TOTAL $ $ $ $ $ $ $ $ $ $ $ $ 37,726 91,336 $ $ $ $ $ $ - - - - - - $ $ $ $ $ $ 207,285 412,618 - 21,979 108,821 750,703 $ $ $ $ $ 207,285 501,848 - 8,900,392 200,000 $ $ $ $ $ - - - $ $ $ 37,726 91,336 - $ $ $ $ $ 0 (0)$ $ 501,848 - 7,126,734 200,000 8,035,867 410,512 - 5,829,668 - -- 1,297,066 200,000 1,626,128 (1,773,658) $1,619,871 200,000 (322,805) -$ $ -$ 6,409,739 $9,809,525 $(1,773,658) $1,948,934 $(322,806) $0 R/W pending from CTD $0 Non-participating MSI expenditures $0 Misbilled expenditures Construction Cost with Lowest Apparent Bid KCS/CM support $827,949 CON capital (draft 100% PSE estimate) w/10% contingency $7,992,443 $8,820,392 81.80%18.20% Proposed Cooperative Agreement 22-1002720 - Amendment 2 Difference from Amendment 1 TOTAL 207,285 MSI 169,559 CITY TOTAL MSI CITY Project Report and Environmental App $$ $ $ $ $ $ $ $ $ $ $ $ 37,726 91,336 $ $ $ $ $ $ - - - $ $ $ $ $ $ 0 $(0) 0Plans, Specifications, and Estimates Right of Way Acquisition $ $ 501,848 - 8,900,392 200,000 9,809,525 410,512 (0) $ $- 7,280,521 - --- Construction & Construction Managem $1,619,871 200,000 1,948,934 1,773,658 - 1,773,658 1,450,853 - 1,450,852 $ $ $ 322,805 - 322,806 SBCTA Project Management TOTAL $ $7,860,591        Packet Page. 517 2 3 0 4 DISCUSSION City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Accept Three Million Dollars in Grant Funds from the County of San Bernardino for the City’s Navigation Center (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-200: 1. Authorizing the City Manager, or designee, to accept grant funds in the amount of $3,000,000 from the County of San Bernardino; and 2. Authorizing the City Manager, or designee, to execute the Revocable Grant Agreement; and 3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the grant funds; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $3,000,000 in grant funds to be used towards the City’s Navigation Center. Executive Summary The County of San Bernardino has awarded the City with three (3) million dollars in grant funds to assist with the development of the City’s Navigation Center. There is no match requirement associated with the grant and no impact to the General Fund. Background The City’s Navigation Center, called the San Bernardino Homeless Outreach, Prevention, and Education Campus (“HOPE Campus” or “Navigation Center”), serves as the cornerstone of the City’s long-term strategy towards addressing homelessness.        Packet Page. 518 2 3 0 4 The HOPE Campus will offer interim housing, recuperative care, and comprehensive onsite services that will connect the City’s unsheltered population to a wide range of programs, social services, and housing. To fund the construction and operation of the Navigation Center, the Mayor and City Council have approved the following allocations: •On December 7, 2022, the Mayor and City Council allocated $12,450,000 in ARPA funds for the construction of the Navigation Center and $4,500,000 in ARPA funds for the operation of the Navigation Center. •On March 15, 2023, the Mayor and City Council approved an allocation of $4,299,671 of HOME-ARP funds to assist with the design and construction of the Navigation Center. •On June 21, 2023, the Mayor and City Council adopted the FY 2023-24 Annual Action Plan, which included an allocation of $1,901,365 in CDBG funds for the Navigation Center. •On July 19, 2023, the Mayor and City Council adopted Resolution No. 2023- 097, amending the City’s 2020-2023 Permanent Local Housing Allocation (PLHA) Program funding to provide $4,355,241 towards the operating and/or capital costs of the City’s Navigation Center. •On October 4, 2023, the Mayor and City Council adopted Resolution No. 2023- 144 for the Strategic Initiatives, approving an annual allocation of $2,000,000 for Homelessness Services Sustainability beginning FY 2026/27. •On November 1, 2023, the Mayor and City Council accepted $808,358.87 in Homeless Housing, Assistance, and Prevention (HHAP) Round 3 grant funds from the County of San Bernardino for the Navigation Center. Discussion The County of San Bernardino (County) has awarded the City with three (3) million dollars in grant funds to assist with the development of the City’s Navigation Center. Both the City and County are partners in addressing homelessness, and officials from both agencies have been working together to coordinate their efforts in providing programs and assistance to the City’s homeless population, which includes funding assistance to help develop the HOPE Campus. To receive the grant funds, the City is required to record a deed of trust and regulatory agreement against the property for a period of ten (10) years. This is to ensure that the affordability and occupancy covenants of the grant agreement are followed for the full duration of the ten-year grant term. What this means is that the City must continue to operate the Navigation Center as an interim housing shelter for ten (10) years and cannot repurpose the facility for another use during this time. The State and Federal        Packet Page. 519 2 3 0 4 funding sources that the City is utilizing for the Navigation Center have similar requirements. Due to the complexity in addressing homelessness, the City anticipates that the need to operate the Navigation Center will extend well beyond the ten-year term. The grant also requires for the City to participate in using the County’s Homeless Management Information System (HMIS) and work in collaboration with the Coordinated Entry System (CES) and County Continuum of Care. These systems are already utilized by the City and its Homeless Outreach Team, and this requirement will not prevent the City from prioritizing available beds at the Navigation Center for the City’s unsheltered residents. As the owner and operator of the Navigation Center, the City will establish the eligible participant selection plan, where referrals made by the City to its own Navigation Center will receive first priority. Based on the 2024 Point In Time County (PITC), the City has 1,417 homeless individuals, of which 977 are unsheltered. This accounts for 32% of the County’s unsheltered population and it is anticipated that all 200 beds within the Navigation Center will be utilized by the City’s unsheltered residents. It is also important to note that the requirements of the grant agreement do not interfere with the City’s ability to maintain control over the operations of the Navigation Center. The City retains full control over selecting and managing the Navigation Center’s lead operator, only providing the County its services plan and accompanying budget for informational purposes; the County holds no veto power or approval authority over these matters. In accordance with the grant agreement, the City will make available to the County all financial, budget, and audit information related to the Navigation Center, which is a provision that is also found in the State and Federal funding sources that the City is utilizing. Navigation Center Update The City has restructured its approach towards developing the Navigation Center and has released a new series of Request for Qualifications (RFQ) and Request for Proposals (RFP). Previously, the City attempted to utilize a design-build approach, where one contract would be awarded to a single design-build team who would handle all aspects of the project. Under the new approach, the RFQs and RFPs will be broken up to improve price transparency with the bids and produce more competitive results. The new RFQs and RFPs include the following: •An RFQ for Development Services with Modular Experience •An RFQ for a General Contractor with Modular Experience •An RFP for a Modular Building Services Provider A more substantive update and timeline regarding the Navigation Center and the City’s short term vs long term homelessness strategies will be provided during the Council Meeting.        Packet Page. 520 2 3 0 4 2021-2025 Strategic Targets and Goals Accepting grant funds from the County of San Bernardino for the City’s Navigation Center aligns with Key Target No. 3: Improved Quality of Life. Fiscal Impact There is no fiscal impact to the General Fund. The FY 2024/25 Operating Budget will be amended by $3,000,000 in both revenues and expenditures. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-200: 1. Authorizing the City Manager or designee to accept grant funds in the amount of $3,000,000 from the County of San Bernardino; and 2. Authorizing the City Manager, or designee, to execute the Revocable Grant Agreement; and 3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the grant funds; and 4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $3,000,000 in grant funds to be used towards the City’s Navigation Center. Attachments Attachment 1 – Resolution 2024-200 Attachment 2 – Revocable Grant Agreement Attachment 3 - EXHIBIT D – Regulatory Agreement Attachment 4 - EXHIBIT E – Revocable Grant Deed of Trust Ward: All Wards Synopsis of Previous Council Actions: December 7, 2022 Mayor and City Council allocated $12,450,000 in ARPA funds for the construction of the Navigation Center and $4,500,000 in ARPA funds for the operation of the Navigation Center. February 1, 2023 Mayor and City Council adopted Resolution No. 2023-028 declaring a homelessness state of emergency March 15, 2023 Mayor and City Council approved an allocation of $4,299,672 of HOME-ARP funds to assist with the design and construction of the Navigation Center. Packet Page. 521 2 3 0 4 May 17, 2023 Mayor and City Council adopted Resolution No. 2023-076 adopting the Homelessness State of Emergency Implementation Strategy. June 21, 2023 Mayor and City Council adopted the FY 2023-24 Annual Action Plan, which included an allocation of $1,901,365 in CDBG funds for the Navigation Center. July 19, 2023 Mayor and City Council adopted Resolution No. 2023-097, amending the City’s 2020-2023 Permanent Local Housing Allocation (PLHA) Program funding to provide $4,355,241 towards the operating and/or capital costs of the City’s Navigation Center. October 4, 2023 Mayor and City Council adopted Resolution No. 2023-144 for the Strategic Initiatives, approving an annual allocation of $2,000,000 for Homelessness Services Sustainability beginning FY 2026/27. November 1, 2023 Mayor and City Council accepted $808,358.87 in Homeless Housing, Assistance, and Prevention (HHAP) Round 3 grant funds from the County of San Bernardino for the Navigation Center.        Packet Page. 522 Resolution No. 2024-200 Resolution No. 2024-200 September 4, 2024 Page 1 of 3 5 4 4 6 RESOLUTION NO. 2024-100 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $3,000,000 FROM THE COUNTY OF SAN BERNARDINO; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE REVOCABLE GRANT AGREEMENT; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO CONDUCT ALL ADDITIONAL NEGOTIATIONS, SIGNINGS, AND SUBMITTALS OF NECESSARY DOCUMENTS TO RECEIVE THE GRANT FUNDS; AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2024/25 BUDGET IN BOTH REVENUES AND EXPENDITURES, AND APPROPRIATE $3,000,000 IN GRANT FUNDS TO BE USED TOWARDS THE CITY’S NAVIGATION CENTER. WHEREAS, the City intends to develop a 200-bed, low-barrier, non-congregate navigation center for individuals and families who are experiencing or at risk of experiencing homelessness; and WHEREAS, the City wishes to accept from the County a grant of up to three million dollars ($3,000,000) to help fund the development of the navigation center. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to accept grant funds in the amount of $3,000,000 from the County of San Bernardino; and SECTION 3. Mayor and City Council hereby authorize the City Manager, or designee, to execute the Revocable Grant Agreement; and SECTION 4. Mayor and City Council of City of San Bernardino hereby authorize the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the grant funds; and SECTION 5 Mayor and City Council of City of San Bernardino hereby authorize the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $3,000,000 in grant funds to be used towards the City’s Navigation Center.        Packet Page. 523 Resolution No. 2024-200 Resolution No. 2024-200 September 4, 2024 Page 2 of 3 5 4 4 6 SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 524 Resolution No. 2024-200 Resolution No. 2024-200 September 4, 2024 Page 3 of 3 5 4 4 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-200, adopted at a regular meeting held on the 4th day of September 2024 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 4th day of September 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 525 1610\01\3695729.3 REVOCABLE GRANT AGREEMENT Between San Bernardino County and City of San Bernardino dated as of September __, 2024        Packet Page. 526 1610\01\3695729.3 2 ARTICLE 1. DEFINITIONS AND EXHIBITS.............................................................................5 Section 1.1 Definitions. ..................................................................................................5 Section 1.2 Exhibits........................................................................................................7 ARTICLE 2. GRANT PROVISIONS.............................................................................................7 Section 2.1 Grant............................................................................................................7 Section 2.2 Security........................................................................................................7 Section 2.3 Forgiveness of County Grant.......................................................................7 Section 2.4 Revocation of Grant Upon Default..............................................................7 Section 2.5 Interest on Default. ......................................................................................8 Section 2.6 Use of Grant Funds......................................................................................8 Section 2.7 Conditions Precedent to Disbursement........................................................8 Section 2.8 Non-Recourse............................................................................................10 Section 2.9 Subordination.............................................................................................10 ARTICLE 3. CONSTRUCTION OF IMPROVEMENTS............................................................11 Section 3.1 Schedule of Performance...........................................................................11 Section 3.2 Permits and Approvals...............................................................................11 Section 3.3 Construction Bonds. ..................................................................................11 Section 3.4 Commencement of Construction...............................................................11 Section 3.5 Completion of Construction. .....................................................................11 Section 3.6 Construction Pursuant to Plans and Laws; Prevailing Wages; Accessibility. .............................................................................................12 Section 3.7 Equal Opportunity. ....................................................................................14 Section 3.8 Minority and Women-Owned Contractors................................................14 Section 3.9 Progress Reports........................................................................................14 Section 3.10 Construction Responsibilities....................................................................15 Section 3.11 Certificates of Completion.........................................................................15 Section 3.12 Mechanics Liens, Stop Notices, and Notices of Completion. ...................15 Section 3.13 Inspections.................................................................................................16 Section 3.14 Approved Financing Plan..........................................................................17 Section 3.15 No Developer Fee......................................................................................17 Section 3.16 Relocation..................................................................................................17 ARTICLE 4. GRANT REQUIREMENTS....................................................................................17 Section 4.1 Compliance with Agreement.....................................................................17 Section 4.2 Financial Accountings and Audits.............................................................18 Section 4.3 Information................................................................................................18 Section 4.4 Records......................................................................................................18 Section 4.6 Fees and Taxes...........................................................................................19 Section 4.7 Notice of Litigation....................................................................................19 Section 4.8 Nondiscrimination. ....................................................................................19 Section 4.9 Transfer......................................................................................................19        Packet Page. 527 1610\01\3695729.3 3 Section 4.10 Insurance Requirements.............................................................................20 Section 4.11 Hazardous Materials..................................................................................24 Section 4.12 Maintenance and Damage..........................................................................26 ARTICLE 5. REPRESENTATIONS AND WARRANTIES OF GRANTEE.............................26 Section 5.1 Representations and Warranties. ...............................................................26 ARTICLE 6. DEFAULT AND REMEDIES.................................................................................27 Section 6.1 Events of Default. Each of the following shall constitute a "Default" by Grantee under this Agreement:.............................................27 Section 6.2 Remedies....................................................................................................28 Section 6.3 Right of Contest.........................................................................................29 Section 6.4 Remedies Cumulative................................................................................29 ARTICLE 7. GENERAL PROVISIONS......................................................................................29 Section 7.1 Relationship of Parties...............................................................................29 Section 7.2 No Claims..................................................................................................30 Section 7.3 Amendments..............................................................................................30 Section 7.4 Indemnification..........................................................................................30 Section 7.5 Non-Liability of County Officials, Employees and Agents. .....................30 Section 7.6 No Third Party Beneficiaries.....................................................................30 Section 7.7 Discretion Retained By County.................................................................30 Section 7.8 Conflict of Interest.....................................................................................31 Section 7.9 Notices, Demands and Communications...................................................31 Section 7.10 Applicable Law and Venue. ......................................................................32 Section 7.11 Parties Bound.............................................................................................32 Section 7.12 Attorneys' Fees...........................................................................................32 Section 7.13 Severability................................................................................................32 Section 7.14 Force Majeure............................................................................................32 Section 7.15 County Approval. ......................................................................................33 Section 7.16 Waivers......................................................................................................33 Section 7.17 Title of Parts and Sections.........................................................................33 Section 7.18 Entire Understanding of the Parties...........................................................33 Section 7.19 Multiple Originals; Counterparts...............................................................33 Exhibit A: Legal Description Exhibit B: Financing Budget Exhibit C: Scope of Work Exhibit D: Revocable Grant Deed of Trust Exhibit E: Regulatory Agreement Exhibit F: Schedule of Performance        Packet Page. 528 1610\01\3695729.3 4 REVOCABLE GRANT AGREEMENT (San Bernardino HOPE Campus Navigation Center) This Revocable Grant Agreement (the "Agreement") is entered into as of ______ __, 2024 (the "Effective Date"), by and between San Bernardino County, a political subdivision of the State of California (the "County"), and City of San Bernardino, a California charter city (the "Grantee"), with reference to the following facts: RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the County and Grantee. A. These Recitals refer to and utilize certain capitalized terms which are defined in Article 1 of this Agreement. The Parties intend to refer to those definitions in connection with the use of capitalized terms in these Recitals. B. The Grantee owns or is acquiring specified real property located at 796 E. 6th Street, City of San Bernardino, San Bernardino County, State of California, as more fully described in the attached Exhibit A, incorporated herein by this reference (the "Property"). C. The Grantee intends to develop the Property to interim or temporary housing and intends to a 200-bed housing-first, low-barrier, non-congregate navigation center for individuals and families who are experiencing homelessness or who are at risk of homelessness (the "Housing Improvements"). The Housing Improvements and the Property are referred to as the "Project." D. Grantee wishes to accept from the County and the County wishes to extend to Grantee a grant of up to Three Million Dollars ($3,000,000) (the "County Grant") to fund the development of the Property. The County Grant will be evidenced by this Agreement and will be subject to the terms and conditions set forth in this Agreement. No portion of the County Grant may be used for costs not associated with the Housing Improvements. E. Pursuant to the California Environmental Quality Act and its implementing guidelines, the City of San Bernardino [Note- Need City input re: CEQA conducted for project to date.]. NOW, THEREFORE, the Parties agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The following capitalized terms have the meanings set forth in this Section 1.1 wherever used in this Agreement, unless otherwise provided: (a) "Agreement" means this Revocable Grant Agreement.        Packet Page. 529 1610\01\3695729.3 5 (b) "At Risk of Homelessness Household" means a household that is at risk of homelessness, as defined in Section 578.3 of Title 24 of the Code of Federal Regulation. (c) "City" means the City of San Bernardino, a California charter city. (d) "Completion of Construction" means the date the construction of the Housing Improvements are completed as evidenced by the issuance of a certificate of occupancy or equivalent document issued by the City, to certify completion of the construction work. (e) "County" means San Bernardino County, a political subdivision of the State of California. (f) "County Board of Supervisors" means the Board of Supervisors of the County. (g) "County Executive Officer" means the County's Chief Executive Officer. (h) "County Grant" means the grant, made from the County to the Grantee pursuant to the terms of this Agreement, in an amount not to exceed Three Million Dollars ($3,000,000). (i) "Default" shall have the meaning set forth in Section 6.1 below. (j) "Eligible Participants" means either At Risk of Homelessness Households or Homeless Households referred by the County's Office of Homeless Services (OHS) through the Coordinated Entry System (CES) to Grantee. All those participating with CES will need to apply to participate in the Homeless Management Information System (HMIS). (k) "Financing Budget" means the financing plan approved by the County as of the date of this Agreement, attached to this Agreement as Exhibit B, incorporated herein by this reference, which includes an operating proforma for the first fifteen (15) years of operation of the project including funding for the provision of supportive services. (l) "Grantee" has the meaning set forth in the opening paragraph of this Agreement. (m) "Homeless Household" means housing for individuals and families who are experiencing homelessness, as defined in Section 578.3 of Title 24 of the Code of Federal Regulation. (n) "Housing First" has the meaning set forth in Section 8255 of the Welfare and Institutions Code. (o) "HUD" means the United States Department of Housing and Urban Development.        Packet Page. 530 1610\01\3695729.3 6 (p) "Low-Barrier" means best practices to reduce barriers to entry including, but not limited to: (1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; (2) allows pets; (3) provides space for the storage of possessions; or (4) provides privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (q) "Low Barrier Navigation Center" means a facility a Housing First, low- barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, where the participant is not required to pay toward the cost of housing and which does not require occupants to sign leases or occupancy agreements. (r) "Parties" means the County and Grantee. (s) "Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive Covenants that will be recorded against the Grantee's fee interest in the Property and will restrict the occupancy of the Housing Improvements to Eligible Participants. The form of Regulatory Agreement is attached hereto as Exhibit E, incorporated herein by this reference. (t) "Revocable Grant Deed of Trust" means that certain Deed of Trust with Security Agreement, and Fixture Filing, of even date herewith, among Grantee, as Trustor, First American Title Insurance Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure performance of the covenants of the Revocable Grant Documents. The form of the Deed of Trust is attached hereto as Exhibit D, incorporated herein by this reference. (u) "Revocable Grant Documents" means this Agreement, the Regulatory Agreement, the Revocable Grant Deed of Trust, and any other document or agreement evidencing the County Grant. (v) "Schedule of Performance" means the schedule for obligations to be performed by the Grantee associated with the development of the Housing Improvements attached hereto as Exhibit F, incorporated herein by this reference. (w) "Scope of Work" means the work to be performed by the Grantee associated with the development of the Housing Improvements attached hereto as Exhibit C, incorporated herein by this reference. (x) "Term" means the ten (10) year term of this Agreement which commences on the Completion of Construction of the Housing Improvements, which is expected to terminate October 1, 20__.        Packet Page. 531 1610\01\3695729.3 7 Section 1.2 Exhibits. The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A: Legal Description Exhibit B: Financing Budget Exhibit C: Scope of Work Exhibit D: Revocable Grant Deed of Trust Exhibit E: Regulatory Agreement Exhibit F: Schedule of Performance ARTICLE 2. GRANT PROVISIONS Section 2.1 Grant. Upon satisfaction of the conditions set forth in Section 2.7 of this Agreement, the County shall grant to the Grantee the County Grant in the principal amount not to exceed Three Million Dollars ($3,000,000) for the purposes set forth in Section 2.6 of this Agreement. Section 2.2 Security. Grantee shall secure its obligation to repay the County Grant in the event of Default by executing the Revocable Grant Deed of Trust, and recording it as a lien against the Property, in a lien position approved by the County. Section 2.3 Forgiveness of County Grant. (a) Provided that no Default exists, without further action of the parties, the County Grant shall be forgiven in 1/10th increments each year that the Grantee provides the Housing Improvements consistent with the terms of the Regulatory Agreement. (b) Upon the written request of Grantee, in connection with the forgiveness of the County Grant set forth above, or at such other times as may be requested by Grantee, the County shall deliver a written notice to Grantee evidencing the outstanding balance of the County Grant and confirming amounts previously forgiven by the County. Notwithstanding anything to the contrary, the forgiveness of the County Grant pursuant to the terms of this Section shall have no effect on the Regulatory Agreement which shall remain in full force and effect for the term specified therein. Section 2.4 Revocation of Grant Upon Default. Notwithstanding any provision herein to the contrary, and in addition to any other rights and remedies available to the County set forth in Article 5, upon a Default by Grantee, the County may revoke the outstanding balance of the County Grant and declare the outstanding balance of the County Grant plus interest thereon to be immediately due and payable, subject to the non-recourse provisions set forth in Section 2.8.        Packet Page. 532 1610\01\3695729.3 8 Section 2.5 Interest on Default. In the event of a Default, interest on the County Grant shall begin to accrue, as of the date of Default and continuing until such time as the outstanding balance of the County Grant funds are repaid in full (other than any portion of the County Grant that has been previously forgiven by the County as set forth in Section 2.3 above) or the Default is cured, at the default rate of the lesser of ten percent (10%), compounded annually, or the highest rate permitted by law. Section 2.6 Use of Grant Funds. (a) Grantee shall use the Grant Funds to fund the development of the Housing Improvements on the Property and to pay for the Scope of Work identified in the attached Exhibit C consistent with the Financing Budget for the Housing Improvements. (b) The Grantee shall not use the Grant Funds for any other purpose without the prior written consent of the County. (c) None of the County Grant funds may be used for costs associated with activities in violation of any law or for any activities not consistent with this Agreement. The Grantee's failure to comply with the requirements of this Section 2.6 shall constitute a Default under Section 6.1. (d) The Grantee shall not use the County Grant funds to supplant funds provided by the County to the Grantee under any other memorandum of understanding or agreement. The Grantee shall include a term in every subaward and contract that prohibits the subrecipient or contractor from using the County Grant funds to supplant funding provided by the County directly or indirectly to the subrecipient or contractor. Section 2.7 Conditions Precedent to Disbursement. (a) The disbursement made pursuant to this section may not exceed the amount of the County Grant and shall only be requested at such time they are needed by the Grantee to pay eligible costs. The disbursements may be readjusted by the County Executive Officer on behalf of the County without the need for formal amendment of this Agreement. The County will disburse the various components of the County Grant subject to the conditions precedent set forth below. The County shall not be obligated to make any disbursements of the County Grant funds or take any other action under the Agreement unless the following conditions precedent are satisfied prior to each such disbursement of the County Grant: (b) The maximum amount of County Grant funds to be disbursed pursuant to this Section shall not exceed Three Million Dollars ($3,000,000). The County is not obligated to make a disbursement of the Grant Funds or to take any other action under the Revocable Grant Documents unless the following conditions precedent are satisfied prior to each such disbursement of the County Grant: (1) There exists no Default nor any act, failure, omission or condition that would constitute an event of Default under this Agreement;        Packet Page. 533 1610\01\3695729.3 9 (2) The Grantee shall provide the County with a certified copy of an authorizing resolution authorizing execution this Agreement and the transactions contemplated by this Agreement, and any agreements required pursuant to this Agreement; (3) Grantee has executed and delivered to County all Revocable Grant Documents, and any other documents, instruments, and policies required under this Agreement; (4) Copies of all required funding commitments for acquisition, construction and operation of the Project for the Term; (5) Grantee has furnished the County with evidence of the insurance coverage meeting the requirements under this Agreement; (6) Subject to Section 2.9 below, the Regulatory Agreement and Deed of Trust have been recorded against the Grantee's fee interest in the Property in the Office of the Recorder of the County of San Bernardino in a lien position approved by the County, in accordance with the terms of this Agreement, and recorded copies have been arranged to be delivered to the County; (7) A title insurer reasonably acceptable to the County is unconditionally and irrevocably committed to issuing an LP-10 2006 ALTA Lender's Policy of title insurance insuring the priority of the Deed of Trust in the amount of the County Grant, subject only to such exceptions and exclusions as may be reasonably acceptable to the County, and containing such endorsements as the County may reasonably require. The County shall bear the costs of obtaining such title policy and any endorsements it reasonably requires; (8) The County has determined the County Grant, together with other funds or firm commitments for funds that the Grantee has obtained, or reasonably expect to obtain, in connection with the acquisition and conversion of the Project, are not less than the amount the County determines is necessary to pay for the acquisition and development of the Project and to satisfy all of the covenants contained in this Agreement and the Regulatory Agreement; and (9) The County has received a written draw request from the Grantee for any County Grant funds requested for disbursement, including certification that the condition set forth in this section continue to be satisfied, and setting forth the proposed uses of funds consistent with the approved Financing Budget for the Housing Improvements, the amount of funds needed, and, where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. (c) The Grantee agrees and acknowledges that the County is making the County Grant to fund the development of the Housing Improvements, the Grantee agrees and acknowledges that Grantee must sustain operations in conformance with the Regulatory Agreement for the entire Term. The Grantee further agrees and acknowledges that the Grantee shall not be allowed to refinance any loan or mortgage encumbering the Housing Improvements which results in the Grantee receiving any cash out. Section 2.8 Non-Recourse.        Packet Page. 534 1610\01\3695729.3 10 Neither Grantee, nor Grantee's governing board members, supervisors, directors, officers, employees, agents, or successors and assigns shall have any direct or indirect personal liability for payment of the principal of, and interest on, the County Grant. Section 2.9 Subordination.The County agrees to subordinate the Deed of Trust to an encumbrance securing and/or evidencing Approved Financing (each such Approved Financing, a "Senior Loan"), will be subject to the satisfaction of each of the following conditions: (1) The proposed lender of a Senior Loan (each a "Senior Lender") must be a state or federally chartered financial institution, an entity qualified to make loans in the State of California, a nonprofit corporation or a public entity that is not affiliated with Grantee, other than as a depositor or a lender; (2) Grantee demonstrates to the County's reasonable satisfaction that subordination of the Deed of Trust is necessary to secure adequate acquisition, construction or permanent financing to ensure the viability of the Project or the repayment of a Senior Loan at maturity, including the operation of the Project as required under this Agreement, as required by the Grant Documents and the Standard Agreement. To satisfy this requirement, Grantee must provide to the County, in addition to any other information reasonably required by the County, evidence demonstrating that the proposed amount of the refinanced Senior Loan is necessary to provide adequate acquisition, construction and/or permanent financing (or County approved refinancing thereof so long as the term of the refinancing loan does not exceed the then outstanding principal balance of the existing Senior Lien) to ensure the viability of the Project, and adequate financing for the Project would not be available without the proposed subordination; (3) The subordination agreement(s) is structured to minimize the risk that the Deed of Trust will be extinguished as a result of a foreclosure by the Senior Lender or other holder of the Senior Loan. To satisfy this requirement, the subordination agreement must provide the County with adequate rights to cure any defaults by Grantee, including: (i) providing the County or its successor with copies of any notices of default at the same time and in the same manner as provided to Grantee; and (ii) providing the County with a cure period of at least sixty (60) days to cure any default; (4) The subordination(s) of the Grant is effective only during the original term of the Senior Loan and any extension of its term or refinancing approved in writing by the County; (b) No subordination may limit the effect of the Deed of Trust before a foreclosure, nor require the consent of the Senior Lender prior to the County exercising any remedies available to the County under the Grant Documents; and (c) Upon a determination by the County Executive Officer that the conditions in this Section have been satisfied, the County Executive Officer or the County Executive Officer's designee, will be authorized to execute the approved subordination agreement without the necessity of any further action or approval by the Board of Supervisors. Execution of any        Packet Page. 535 1610\01\3695729.3 11 subordination agreement will evidence and constitute the determination of the County that all requirements of this Section have been satisfied or waived. (d) The County will not subordinate the Regulatory Agreement, which Grantee acknowledges must be recorded in a lien position approved by the County, to any encumbrance securing any financing. The County acknowledges that it may be requested to subordinate the Regulatory Agreement, as required by the California Department of Housing and Community Development ("HCD") as a condition of funding under the Homekey Program, established by California Health and Safety Code Section 50675.1.1 (the "Homekey Program") or any other HCD program funding encumbrance to the extent required under the Multifamily Housing Program Final Guidelines published on June 19, 2019 and to any other HUD program funding encumbrance, and the consent to the recordation of such document against Grantee's interest in the Property will not be unreasonably conditioned, delayed or withheld and will not require any further action by the County Board of Supervisors. ARTICLE 3. CONSTRUCTION OF IMPROVEMENTS Section 3.1 Schedule of Performance. Grantee shall perform the tasks described in the Schedule of Performance no later than the dates set forth in the Schedule of Performance. The Schedule of Performance may be modified in writing by Grantee and the County Executive Officer on behalf of the County without the need for formal amendment of this Agreement or further approval by the Board of Supervisors, approval of any amendment shall not be unreasonably conditioned, delayed, or withheld. Section 3.2 Permits and Approvals. Grantee shall make best efforts to obtain all permits and approvals necessary for completion of the construction of the Housing Improvements no later than the date set forth in the Schedule of Performance. Section 3.3 Construction Bonds. By the date set forth in the Schedule of Performance, the Grantee shall deliver to the County copies of labor and material bonds and performance bonds for the completion of the Scope of Work in an amount equal to one hundred percent (100%) of the scheduled development cost of the Housing Improvements. The bonds required under this Section shall be issued by a surety licensed to do business in California and reasonably acceptable to the County. Such bonds must name the County as a co-obligee. Section 3.4 Commencement of Construction. Grantee shall cause the commence the activities required under the Scope of Work no later than the date set forth in the Schedule of Performance.        Packet Page. 536 1610\01\3695729.3 12 Section 3.5 Completion of Construction. Grantee shall diligently prosecute to completion the construction of the Housing Improvements no later than the date set forth in the Schedule of Performance, unless the County and the Grantee agree to extend such date in writing. Section 3.6 Construction Pursuant to Plans and Laws; Prevailing Wages; Accessibility. (a) Changes. Grantee shall complete the work on the Housing Improvements in accordance with Scope of Work and the terms and conditions of the land use permits and approvals and building permits, including any variances granted. Grantee shall request consent from the County prior to making any material changes in the work required to be performed under this Agreement, including any material additions, changes, or deletions to the Scope of Work. Consent to any additions, changes, or deletions to the work do not relieve or release Grantee from any other obligations under this Agreement, or relieve or release Grantee or its surety from any surety bond. Approvals by the County for any changes shall not be unreasonably conditioned, delayed, or withheld. (b) Compliance with Laws. The Grantee shall cause all work performed in connection with the Scope of Work to be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter including without limitation and to the extent applicable, all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The work will proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Grantee shall be responsible to the agency for the procurement and maintenance thereof, as may be required of Grantee and all entities engaged in work on the Housing Improvements. (c) Prevailing Wages. Grantee shall cause all work performed in connection with the Scope of Work or any improvements on the Property and shall also cause its respective contractors and subcontractors to pay prevailing wages in performing the construction of the Housing Improvements or any improvements on the Property as may be required under Labor Code Sections 1720 et seq. (the "Prevailing Wage Requirements"), and the implementing regulations of the Department of Industrial Relations (the "DIR"), to employ apprentices as required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the DIR and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., 1810-1815, and implementing regulations of the DIR. To the extent Prevailing Wage Requirements are applicable, Grantee shall and shall cause its respective contractors and subcontractors to keep and retain such records as are necessary to determine if such prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq., and that apprentices have been employed as required by Labor Code Section 1777.5 et seq., and shall, from time to time upon the request of the County provide to the County such records and other documentation reasonably requested by the County. Copies of the currently applicable per diem prevailing wages are available from the County. To the extent Prevailing Wage Requirements are applicable, Grantee shall post the applicable prevailing rates of per diem wages at the        Packet Page. 537 1610\01\3695729.3 13 Property. To the extent Prevailing Wage Requirements are applicable, Grantee shall cause its respective contractors and subcontractors to be registered as set forth in Labor Code Section 1725.5. In addition, and only to the extent Prevailing Wage Requirements are applicable, Grantee shall cause its respective contractors and subcontractors to do all the following: (1) All calls for bids, bidding materials and the construction contract documents for the Housing Improvements must specify that: (i) No contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the Housing Improvements unless registered with the DIR pursuant to Labor Code Section 1725.5; and (ii) The Housing Improvements is subject to compliance monitoring and enforcement by the DIR; (2) To the extent required by law: (i) Grantee is required to provide the County all information required by Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within two (2) days of the award of the contract (https://www.dir.ca.gov/pwc100ext/); (ii) Grantee shall cause its respective contractors to post job site notices, as prescribed by applicable DIR regulations; and (iii) Grantee shall cause its respective contractors to furnish payroll records required by Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. (3) A weekly certified payroll submitted through LCP Tracker is required during the term of construction of the Housing Improvements. Payment of disbursement components may be delayed when certified payrolls are not properly submitted. (4) For purposes of this Section, the "initial construction" of the Housing Improvements shall mean the work required under the Scope of Work and obtain the Certificate of Completion for the Housing Improvements. (d) Grantee shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the County) the County and its board members, officers and employees against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Grantee, its contractors and subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to employ apprentices pursuant to Labor Code Sections 1777.5 et seq., and implementing regulations of the DIR or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., and the implementing regulations of the DIR in connection with the performance of the construction activities for the Housing Improvement or any other work undertaken or in connection with the Property. The requirements in this subsection survive the repayment of the County Grant, and the reconveyance of the Deed of Trust. (e) Accessibility Requirements. The Grantee shall ensure that the Housing Improvements comply with all applicable federal and state disabled persons accessibility requirements including but not limited to the Federal Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title II and/or Title III of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations and the Uniform Federal Accessibility Standards ("UFAS"), as applicable. Grantee shall submit a certification from the architect or a County approved Certified Access Specialist certifying that the Project has been rehabilitated in        Packet Page. 538 1610\01\3695729.3 14 compliance with the accessibility requirements set in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794, et seq.) and the Uniform Federal Accessibility Standards (UFAS), as applicable; or has provided the County with other evidence that the Project, as built, complies with the accessibility requirements. Section 3.7 Equal Opportunity. (a) During performance of the Scope of Work for the Housing Improvements there shall be no discrimination on the basis of race, color, creed, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, or source of income, in the hiring, firing, promoting or demoting of any person engaged in the construction work. (b) In providing services supported in whole or in part with federal financial assistance, and in their outreach activities related to such services, program participants shall not discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. A faith-based organization that is a recipient or subrecipient of County Grant funds is eligible to use such funds as provided under the regulations of this part without impairing its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, state, and local government, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct program funds to support or engage in any explicitly religious activities, including activities that involve overt religious content, such as worship, religious instruction, or proselytization, or any manner prohibited by law. Among other things, faith-based organizations may use space in their facilities to provide program-funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a County Grant-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. Section 3.8 Minority and Women-Owned Contractors. Grantee shall use its best efforts to afford minority-owned and women-owned business enterprises ("MBE/WBE") the maximum practicable opportunity to participate in all work performed in connection with the Scope of Work to be performed. Grantee shall, at a minimum, notify applicable minority-owned and women-owned business firms located in San Bernardino County of bid opportunities for the construction work for the Housing Improvements. A listing of minority owned and women owned businesses located in the County and neighboring counties is available from the County. Documentation of such notifications must be maintained by Grantee and available to the County as requested. Section 3.9 Progress Reports. (a) From the date of commencement of construction and until such time as Grantee has received a Certificate of Completion for the Housing Improvements, upon County's        Packet Page. 539 1610\01\3695729.3 15 request, Grantee shall provide the County with quarterly progress reports regarding the status of the construction of the Housing Improvements. (b) From the date of commencement of construction and until such time as Grantee has received a Certificate of Completion for the Housing Improvements, the Grantee shall provide any additional information reasonably requested by the County in connection with the use of the County Grant for Project. Section 3.10 Construction Responsibilities. (a) Grantee is responsible for the coordination and scheduling of the work to be performed so that commencement and completion of the construction of the Housing Improvements will take place in accordance with this Agreement. (b) Grantee is solely responsible for all aspects of Grantee's conduct in connection with the Housing Improvements, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the County with reference to the Housing Improvements is solely for the purpose of determining whether Grantee is properly discharging its obligations to the County, and may not be relied upon by Grantee or by any third parties as a warranty or representation by the County as to the quality of the design or construction of the Housing Improvements. Section 3.11 Certificates of Completion.Promptly after completion of the Scope of Work for the Housing Improvements and issuance by the City of a certificate of occupancy for the Project, upon written request from the Grantee, in accordance with those provisions of this Agreement relating solely to the obligations of the Grantee to complete the Scope of Work for the Housing Improvements; and the County's determination that the Grantee various obligations with regards to completion of the Housing Improvements under this Agreement have been met; the County will provide the Grantee with a Certificate of Completion for the Housing Improvements. If upon the written request from the Grantee, the County determines, at its reasonable discretion, that the Grantee is not entitled to a Certificate of Completion because the Grantee has not completed the Housing Improvements in accordance with the terms of this Agreement, the County shall within twenty (20) days of such request, provide the Grantee with a written response stating with specificity the obligations required to be completed as a condition for issuing the Certificate of Completion. If the County fails to issue or fails to provide a written response stating with specificity the reasons the County will not issue a Certificate of Completion to the Grantee within twenty (20) days of a request hereunder, then the Grantee shall be deemed to be entitled to receive such Certificate of Completion. (b) Such Certificates of Completion shall be conclusive evidence that the covenants in this Agreement with respect to the obligations of Grantee to complete the Scope of Work for the Housing Improvements described in such certificate and the dates for the beginning and completion thereof have been met; provided, however, such certifications shall not be conclusive evidence regarding Grantee satisfaction of the prevailing wage requirements of this Agreement. Such certifications and determinations shall not constitute evidence of compliance        Packet Page. 540 1610\01\3695729.3 16 with or satisfaction of any obligation of the Grantee to any holder of a deed of trust securing money loaned to finance any portion of the Housing Improvements or any part thereof and shall not be deemed a notice of completion under the California Civil Code. Section 3.12 Mechanics Liens, Stop Notices, and Notices of Completion. (a) If any claim of lien is filed against the Property, or any portion thereof, or a stop notice affecting the County Grant is served on the County or any other lender or other third party in connection with the Housing Improvements, then Grantee shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the County a surety bond in sufficient form and amount, or provide the County with other assurance satisfactory to the County that the claim of lien or stop notice will be paid or discharged. (b) If Grantee fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section or obtain a surety bond, then in addition to any other right or remedy, the County may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at Grantee's expense. (c) Grantee shall file a valid notice of cessation or notice of completion upon cessation of construction work on any portion of the Housing Improvements for a continuous period of thirty (30) days or more, and take all other steps necessary to forestall the assertion of claims of lien against the Property. Section 3.13 Inspections. (a) The Grantee shall permit and facilitate, and shall require its contractors to permit and facilitate, observation and inspection of the Property or the Housing Improvements by the County and by public authorities during reasonable business hours upon forty-eight (48) hours' prior written notice for the purposes of determining compliance with this Agreement, provided, however, that nothing in this Agreement shall entitle the County to enter an occupied unit in the Housing Improvements without notice to the tenant thereof, which the Grantee shall deliver on behalf of the County, and permission from such tenant to the extent such permission is required by law. Such inspections do not relieve the Grantee, or its contractors, from any applicable requirement to obtain other City or County inspections in connection with the Scope of Work for the Housing Improvements. (b) After the completion of an inspection the County shall deliver a copy of the inspection report to the Grantee. If the County determines as a result of such inspection that there are any life-threatening health and safety related deficiencies, Grantee has the obligation to correct such deficiencies immediately. If the County determines as a result of the inspection that there are any deficiencies for any of the inspectable items in the Housing Improvements, the Grantee shall correct such deficiencies within fifteen (15) days from the delivery of the inspection report or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Grantee must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. In addition, the Grantee acknowledges that the        Packet Page. 541 1610\01\3695729.3 17 County may re-inspect the Housing Improvements to verify all deficiencies have been corrected or rely on third party documentation submitted by the Grantee for non-hazardous deficiencies. Section 3.14 Financing Plan. As of the date of this Agreement, the County has received and approved the Financing Budget set forth in Exhibit B. Within fifteen (15) days of the date Grantee receives information indicating that actual costs of Scope of Work for the Housing Improvements materially vary or will vary from the costs shown on the Financing Budget, the Grantee shall submit any required amendments to the Financing Budget, along with evidence that the changes to the Financing Budget are reasonable and necessary, to the County. Section 3.15 Developer Fee. Except where allowed by other funding sources on the Project and so long as no County Grant funds are used for such purpose, no compensation from any source shall be received by or be payable to the Grantee or any affiliate of the Grantee in connection with the provision of development and construction management services for the acquisition and construction of the Housing Improvements. Section 3.16 Relocation. There are no current tenants or occupants of the Property, and no permanent or temporary displacement of tenants is expected. Nonetheless, if and to the extent that the construction of the Property will result in the permanent or temporary displacement of tenants, then Grantee shall comply with all applicable local, state, and federal statutes and regulations, (including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, California Government Code Section 7260 et seq., and accompanying regulations) with respect to preparation of a relocation plan, relocation planning, advisory assistance, and payment of monetary benefits. Grantee shall be solely responsible for payment of any relocation benefits to any displaced persons and any other obligations associated with complying with such relocation laws. Grantee shall indemnify, defend and hold harmless, (with counsel reasonably acceptable to the County), the County and its authorized officers, employees, agents, volunteers, and successors and assigns ("County Indemnitees"), against any claim for damages, compensation, fines, penalties, relocation payments or other amounts and expenses (including reasonable attorneys' fees) arising out of the failure or alleged failure of any person or entity (including Grantee, or the County) to satisfy relocation obligations related to the acquisition of the Property. ARTICLE 4. GRANT REQUIREMENTS Section 4.1 Compliance with Agreement. Grantee shall comply with the terms of this Agreement, the Regulatory Agreement, and any breach by Grantee under the Revocable Grant Documents shall be considered a Default under this Agreement. Notwithstanding anything to the contrary, the partial forgiveness of the        Packet Page. 542 1610\01\3695729.3 18 County Grant pursuant to Section 2.3 above, shall have no effect on the Regulatory Agreement which shall remain in full force and effect for the term specified therein. Section 4.2 Financial Accountings and Audits. During the Term, from time to time as reasonably requested by the County, Grantee shall make available for examination during normal business hours to County all books, accounts, reports, files, and other papers or property with respect to all matters covered by this Agreement, and shall permit County to audit, examine, and make excerpts or transcripts from such records. County may make audits of any conditions relating to this Agreement. Section 4.3 Information. Grantee shall provide any information reasonably requested by the County in connection with the County Grant, including (but not limited to) any information required by the local, state or federal governments in connection with Grantee's use of the Grant Funds. Section 4.4 Records. (a) Grantee shall keep and maintain at the principal place of business of the Grantee set forth in Section 7.8 below, or elsewhere with the County's written consent, full, complete and appropriate books, records and accounts relating to the Housing Improvements. Books, records and accounts relating to Grantee's compliance with the terms, provisions, covenants and conditions of this Agreement are to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and are to be consistent with requirements of this Agreement. All such books, records, and accounts are to be open to and available for inspection and copying by the County, its auditors or other authorized representatives at reasonable intervals during normal business hours. Copies of all tax returns and other reports that Grantee may be required to furnish to any governmental agency are to be open for inspection by the County at all reasonable times at the place that the books, records and accounts of Grantee are kept. Grantee shall preserve such records for a period of not less than five (5) years after the creation of such records. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Grant Funds is pending at the end of the record retention period stated herein, then Grantee shall retain the records until such action and all related issues are resolved. The records are to include all invoices, receipts, and other documents related to expenditures from the Grant Funds. (b) Grantee shall retain all financial records, supporting documents, statistical records, and all other records pertinent to services performed and expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, or after the resolution of all litigation, claims, federal audits, negotiation or other actions that involve any of the records cited, whichever occurs later. Grantee shall retain records for non-expendable property acquired with funds under this Agreement for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after the displaced person has received final payment.        Packet Page. 543 1610\01\3695729.3 19 (c) The County shall notify Grantee of any records it deems insufficient. Grantee has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the County in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Grantee must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible. Section 4.5 Audits. (a) Each year, Grantee shall provide the County with a copy of Grantee's annual audit, which is to include information on all of Grantee's activities and pertaining to the Housing Improvements. (b) In addition, the County, at any time, audit all of Grantee's books, records, and accounts pertaining to the Housing Improvements. Any such audit is to be conducted during normal business hours at the principal place of business of Grantee wherever records are kept. Immediately after the completion of an audit, the County shall deliver a copy of the results of the audit to Grantee. Section 4.6 Fees and Taxes. Grantee shall be solely responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Housing Improvements to the extent owned by Grantee, and shall pay such charges prior to delinquency. However, Grantee shall not be required to pay and discharge any such charge so long as: (a) the legality thereof is being contested diligently and in good faith and by appropriate proceedings; and (b) if requested by the County, Grantee deposits with the County any funds or other forms of assurance that the County in good faith from time to time determines appropriate to protect the County from the consequences of the contest being unsuccessful. Section 4.7 Notice of Litigation. Grantee shall promptly notify the County in writing of any litigation materially affecting Grantee or the Housing Improvements and of any claims or disputes that involve a material risk of such litigation. Section 4.8 Nondiscrimination. Grantee covenants by and for itself and its successors and assigns that there will be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age (except for lawful senior housing in accordance with state and federal law), familial status, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property, nor may Grantee or any person claiming under or through Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property. Section 4.9 Transfer.        Packet Page. 544 1610\01\3695729.3 20 (a) This Agreement is entered into solely for the purpose of funding the affordable Housing Improvements and its subsequent use in accordance with the terms hereof. The Grantee recognizes that the qualifications and identity of Grantee are of particular concern to the County. The Grantee further recognizes that it is because of such qualifications and identity that the County is entering into this Agreement with the Grantee and that limited Transfers are permitted only as provided in this Agreement. (b) For purposes of this Agreement, "Transfer" means any sale, assignment, or transfer, whether voluntary or involuntary, of: (1) any rights and/or duties under this Agreement; or (2) any interest in the Grantee, including any merger, consolidations, sale, or lease of all or substantially all of the assets of Grantee. (c) No Transfer shall be permitted during the Term, except to the extent that the Grantee transfers the property to the San Bernardino County Housing Authority. Any unauthorized Transfer shall automatically cancel the County's obligations to provide the Grant Funds to Grantee after the date of the unauthorized Transfer. Section 4.10 Insurance Requirements. (a) Grantee shall maintain the following insurance coverage throughout the Term of the County Grant written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A-VII". If the Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Grantee agrees to amend, supplement, or endorse the existing coverage to do so. (b) Without in anyway affecting the indemnity herein provided and in addition thereto, the Grantee shall secure and maintain throughout the Term the following types of insurance with limits as shown: (1) Workers' Compensation/Employers Liability. (A) Workers' Compensation- A program of Workers' Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Grantee and all risks to such persons under this Agreement. (B) If Grantee has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the Director of Risk Management. (C) With respect to Grantees that are non-profit corporations organized under California or federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.        Packet Page. 545 1610\01\3695729.3 21 (2) Comprehensive General Liability. General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for bodily injury and property damage with a combined single limit of not less than Five Million Dollars ($5,000,000), per occurrence. The policy coverage must include: (A) Premises operations and mobile equipment. (B) Products and completed operations. (C) Broad form property damage (including completed operations). (D) Explosion, collapse, and underground hazards. (E) Personal injury. (F) Contractual liability. (G) $5,000,000 general aggregate limit. (3) Comprehensive Automobile Liability. (A) Primary insurance coverage must be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol I (any auto). (B) The policy must have a combined single limit of not less than Five Million Dollars ($5,000,000) for bodily injury and property damage, per occurrence. (C) If the Grantee is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy must have a combined single limit of Five Million Dollars ($5,000,000) for bodily injury and property damage per occurrence. (D) If the Grantee owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. (4) Builders' Risk/Property Insurance. Builders' Risk insurance during the course of construction, and upon completion of construction, property insurance covering the Project, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must be obtained if required by applicable federal regulations. (5) Commercial Crime. Commercial crime insurance covering all officers and employees, for loss of County Grant proceeds caused by dishonesty, in an amount approved by the County, naming the County a Loss Payee, as its interests may appear.        Packet Page. 546 1610\01\3695729.3 22 (c) Grantee shall cause any general contractor, agent, or subcontractor working on the Project under direct contract with Grantee or subcontract to maintain insurance of the types and in at least the minimum amounts described in subsections (1), (2), and (3) above, meeting all of the general requirements of subsections (e) and (f) below and naming the County as an additional insured. The Grantee agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. (d) An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy must apply to bodily injury/property damage, personal injury/advertising injury and must include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage must also apply to automobile liability. (e) The required insurance must be provided under an occurrence form, and Grantee shall maintain the coverage described in subsections (a) continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three times the occurrence limits specified above. (f) Comprehensive General Liability and Comprehensive Automobile Liability insurance policies must be endorsed to name as an additional insured the County and its officers, agents, employees, and members of the Board of Supervisors. The additional insured endorsements must not limit the scope of coverage for the County to vicarious liability but must allow coverage for the County to the full extent provided by the policy. Such additional insured coverage must be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. (g) All policies and bonds are to contain: (1) the agreement of the insurer to give the County at least thirty (30) days’ notice prior to cancellation (including, without limitation, for non-payment of premium) or any material change in said policies; (2) an agreement that such policies are primary and non-contributing with any insurance that may be carried by the County; (3) a provision that no act or omission of Grantee shall affect or limit the obligation of the insurance carrier to pay the amount of any loss sustained; and (4) a waiver by the insurer of all rights of subrogation against the County and its authorized parties in connection with any loss or damage thereby insured against. (h) Construction contracts for projects over Three Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less than Five Million Dollars ($5,000,000) in General Liability and Auto Liability coverage. (i) The Grantee shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Grantee and Grantee's employees or agents from waiving the right of subrogation prior to a loss or claim. The Grantee hereby waives all rights of subrogation against the County.        Packet Page. 547 1610\01\3695729.3 23 (j) All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. (k) The Grantee shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage prior to the close of Escrow, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Grantee shall maintain such insurance from the time Grantee commences performance of services hereunder until the completion of such services. Within fifteen (15) days following the close of Escrow, the Grantee shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. (l) The Grantee agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Grantee and the County or between the County and any other insured or additional insured under the policy. (m) Any and all deductibles or self-insured retentions in excess of Ten Thousand Dollars ($10,000) shall be declared to and approved by Risk Management. (n) In the event that any policy of insurance required in this Section does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to obtain such insurance it deems necessary and any premiums paid by the County will be promptly reimbursed by Grantee or County disbursements to Grantee will be reduced to pay for the County purchased insurance. (o) Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced and available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Grantee agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. (p) All policies and bonds shall be endorsed to provide thirty (30) days prior written notice of cancellation, reduction in coverage, or intent not to renew to the address established for notices to the County.        Packet Page. 548 1610\01\3695729.3 24 Section 4.11 Hazardous Materials. (a) Grantee shall keep and maintain the Property in compliance with, and may not cause or permit the Property to be in violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Grantee may not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the foregoing as may be customarily used in similar projects. (b) Grantee shall immediately advise the County in writing if at any time it receives written notice of (i) any and all enforcement, cleanup, removal or other government or regulatory actions instituted, completed or threatened against Grantee or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials, ("Hazardous Materials Law"); (ii) all claims made or threatened by any third party against Grantee or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous Materials Claims"); and (iii) Grantee's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" under the provision of California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law. (c) The County has the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Grantee. Grantee shall indemnify and hold harmless the County and its board members, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Property including without limitation: (i) all foreseeable consequential damages; (ii) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (iii) all reasonable costs and expenses incurred by the County in connection with clauses (i) and (ii), including but not limited to reasonable attorneys' fees and consultant's fees. This indemnification applies whether or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this indemnification provision include, but are not limited to: (1) losses attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3) adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory agency (including but not limited to the costs of any required testing, remediation, repair, removal, cleanup or detoxification of the        Packet Page. 549 1610\01\3695729.3 25 Property and surrounding properties). This obligation to indemnify will survive termination of this Agreement. (d) Without prior written notice, Grantee may not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might impair the value of the County's security hereunder. (e) Grantee hereby acknowledges and agrees that (i) this Section is intended as the County's written request for information (and Grantee's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (ii) each representation and warranty in this Agreement (together with any indemnity obligation applicable to a breach of any such representation and warranty) with respect to the environmental condition of the Property is intended by the Parties to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736. (f) In the event that any portion of the Property is determined to be "environmentally impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(1) and Grantee is in default of its obligations to the County, then, without otherwise limiting or in any way affecting the County's or the trustee's rights and remedies, the County may elect to exercise its rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and remedies of an unsecured creditor, including reduction of its claim against Grantee to judgment, and (b) any other rights and remedies permitted by law. For purposes of determining the County's right to proceed as an unsecured creditor under California Code of Civil Procedure Section 726.5(a), Grantee will be deemed to have willfully permitted or acquiesced in a release or threatened release of hazardous materials, within the meaning of California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any portion of the Property and Grantee knew or should have known of the activity by such lessee, occupant, or user that caused or contributed to the release or threatened release. All costs and expenses, including (but not limited to) attorneys' fees and other professional service fees and costs, incurred by the County in connection with any action commenced under this paragraph, including any action required by California Code of Civil Procedure Section 726.5(b) to determine the degree to which the Property is environmentally impaired, plus interest thereon at the lesser of ten percent (10%) or the maximum rate permitted by law, until paid, will be payable to the County upon its demand made at any time following the conclusion of such action. Section 4.12 Maintenance and Damage. During the course of construction, Grantee shall maintain the Property in good repair and in a neat, clean and orderly condition. If there arises a condition in contravention of this requirement, and if Grantee has not cured such condition within thirty (30) days after receiving a County notice of such a condition, then the County may pursue any remedy at law or equity.        Packet Page. 550 1610\01\3695729.3 26 ARTICLE 5. REPRESENTATIONS AND WARRANTIES Section 5.1 Representations and Warranties Grantee.Grantee hereby represents and warrants to the County as follows: (a) Organization. Grantee is a duly organized, validly existing California charter city and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Grantee. Grantee has full power and authority to execute and deliver this Agreement and to make and accept the Grant Funds contemplated hereunder, and to perform and observe the terms and provisions of all of the Agreement. (c) Authority of Persons Executing Documents. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of Grantee, and all actions required under Grantee's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (d) Valid Binding Agreements. This Agreement and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Grantee enforceable against it in accordance with their respective terms. (e) No Breach of Law or Agreement. Neither the execution nor delivery of this Agreement or of any other documents or instruments executed and delivered, or to be executed or delivered, pursuant to this Agreement, nor the performance of any provision, condition, covenant or other term hereof or thereof, will conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency whatsoever binding on Grantee, or any provision of the organizational documents of Grantee, or will conflict with or constitute a breach of or a default under any agreement to which Grantee is a party, or will result in the creation or imposition of any lien upon any assets or property of Grantee, other than liens established pursuant hereto. (f) Compliance with Laws; Consents and Approvals. The construction and operation of the Housing Improvements will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies and with all applicable directions, rules and regulations of the fire marshal, health officer, building inspector and other officers of any such government or agency. (g) Pending Proceedings. Grantee is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there        Packet Page. 551 1610\01\3695729.3 27 are no claims, actions, suits or proceedings pending or, to the knowledge of Grantee, threatened against or affecting Grantee or the Property, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Grantee, materially affect Grantee's ability to comply with the terms of this Agreement. (h) Financial Statements. The financial statements of Grantee and other financial data and information furnished by Grantee to the County fairly present the information contained therein. As of the date of this Agreement, there has not been any adverse, material change in the financial condition of Grantee from that shown by such financial statements and other data and information. (i) Sufficient Funds. Grantee holds sufficient funds and/or binding commitments for sufficient funds to complete the Scope of Work for the Housing Improvements and to operate the Housing Improvements for the Term. ARTICLE 6. DEFAULT AND REMEDIES Section 6.1 Events of Default. Each of the following shall constitute a "Default" by Grantee under this Agreement:Failure to Comply with Regulatory Agreement. Failure of Grantee to comply with the Regulatory Agreement, subject to all applicable notice and cure rights provided therein. (b) Breach of Covenants. Failure by Grantee to duly perform, comply with, or observe any of the conditions, terms, or covenants of this Agreement, and such failure having continued uncured for thirty (30) days after receipt of written notice thereof from the County to the Grantee, or if the breach cannot be cured within thirty (30) days, the Grantee shall not be in breach so long as Grantee is diligently undertaking to cure such breach and such breach is cured within ninety (90) days; provided, however, that if a different period or notice requirement is specified under any other section of this Article 6, the specific provisions shall control. (c) Insolvency. A court having jurisdiction shall have made or entered any decree or order: (1) adjudging Grantee to be bankrupt or insolvent; (2) approving as properly filed a petition seeking reorganization of Grantee or seeking any arrangement for Grantee under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (3) appointing a receiver, trustee, liquidator, or assignee of Grantee in bankruptcy or insolvency or for any of their properties; or (4) directing the winding up or liquidation of Grantee if any such decree or order described in clauses (1) to (4), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or Grantee shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (1) to (4), inclusive.Assignment; Attachment. Grantee shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days after such event or, if sooner, prior to sale pursuant to such sequestration, attachment, or execution.        Packet Page. 552 1610\01\3695729.3 28 (e) Suspension; Termination. Grantee shall have voluntarily suspended its business. (f) Liens on Property. There shall be filed any claim of lien (other than liens identified the Financing Budget) against the Housing Improvements, the Property, or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien or notice to withhold for a period of twenty (20) days, without discharge or satisfaction thereof or provision therefor (including, without limitation, the posting of bonds) satisfactory to County. (g) Condemnation. The condemnation, seizure, or appropriation of all or the substantial part of the Property or the Housing Improvements, by an entity other than the County. (h) Unauthorized Transfer. Any Transfer other than as permitted by Section 4.9. (i) Representation or Warranty Incorrect. Any Grantee representation or warranty contained in this Agreement, or in any application, financial statement, certificate, or report submitted to the County in connection with this Agreement, proving to have been incorrect in any material respect when made and having a material adverse effect on the Housing Improvements. Section 6.2 Remedies. The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the County or automatically where so specified, relieve the County of any obligation to make or continue the County Grant and shall give the County the right to proceed with any and all remedies in law or equity, including suit for recovery of any Grant funds which Grantee has not utilized in compliance with this Agreement: (a) Repayment of Grant. The County may demand Grantee repay the County any portion of the County Grant not previously forgiven pursuant to Section 2.3 above, together with any accrued interest thereon, to become immediately due and payable. Grantee is liable to pay the County on demand all reasonable expenses, costs and fees (including, without limitation, reasonable attorney's fees) paid or incurred by the County in connection with the repayment of the County Grant which shall be a part of the Secured Obligation enforced only by foreclosure under the County Grant Deed of Trust. (b) Specific Performance. The County has the right to mandamus or other suit, action or proceeding at law or in equity to require Grantee to perform its obligations and covenants under this Agreement and the Regulatory Agreement or to enjoin acts on things that may be unlawful or in violation of the provisions of this Agreement. Section 6.3 Right of Contest.        Packet Page. 553 1610\01\3695729.3 29 Grantee shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the County or the rights of the County hereunder. Section 6.4 Remedies Cumulative. No right, power, or remedy given to the County by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the County by the terms of any such instrument, or by any statute or otherwise against Grantee and any other person. Neither the failure nor any delay on the part of the County to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the County of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy. ARTICLE 7. GENERAL PROVISIONS Section 7.1 Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the County and Grantee or its agents, employees or contractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. Grantee shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that contractors shall be solely responsible for similar matters relating to their employees. Grantee shall be solely responsible for its own acts and those of its agents and employees. Section 7.2 No Claims. Nothing contained in this Agreement shall create or justify any claim against the County by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the operation of the Housing Improvements and Grantee shall include similar requirements in any contracts entered into for the operation of the Housing Improvements. Section 7.3 Amendments.        Packet Page. 554 1610\01\3695729.3 30 No alteration or variation of the terms of this Agreement shall be valid unless made in writing and executed by the Parties. Any material change in the amount or terms of this Agreement must be approved by Board of Supervisors. Section 7.4 Indemnification. The Grantee agrees to indemnify, defend (with counsel reasonably approved by the County) and hold harmless the County and its authorized officers, employees, agents, and volunteers ("County Indemnitees") from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of County Indemnitees. The Grantee's indemnification obligation applies to County Indemnitees' active as well as passive negligence but does not apply to the County Indemnitees' sole negligence or willful misconduct within the meaning of Civil Code Section 2782. The provisions of this Section shall survive the expiration of this Agreement and the provisions of this section shall remain in full force and effect. Section 7.5 Non-Liability of County Officials, Employees and Agents. No member, official, employee or agent of the County shall be personally liable to Grantee in the event of any default or breach by the County or for any amount which may become due to Grantee or its successor or on any obligation under the terms of this Agreement. Section 7.6 No Third Party Beneficiaries. There shall be no third party beneficiaries to this Agreement. Section 7.7 Discretion Retained By City. The City's execution of this Agreement in no way limits the discretion of the City in the permit and approval process. Section 7.8 Conflict of Interest. In accordance with California Government Code Section 1090 and the Political Reform Act, California Government Code section 87100 et seq., no person who is a director, officer, partner, trustee or employee or consultant of Grantee, or immediate family member of any of the preceding, may make or participate in a decision, made by the County or a County board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Grantee. Interpretation of this section is governed by the definitions and provisions used in the Political Reform Act, California Government Code Section 87100 et seq., its implementing regulations manual and codes, and California Government Code Section 1090. Section 7.9 Notices, Demands and Communications.        Packet Page. 555 1610\01\3695729.3 31 Formal notices, demands, and communications between the Parties shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: Community Development and Housing Department San Bernardino County 560 E. Hospitality Lane, Suite 200 San Bernardino, CA 92415-0043 Attn: Community Development and Housing Director with copy to: Goldfarb & Lipman, LLP 1300 Clay Street, 11th Floor Oakland, CA 94612 Attn: Rafael Yaquian Grantee: City of San Bernardino 290 North D Street San Bernardino, CA 92401 Attn: Charles Montoya, City Manager with copy to: Office of City Attorney 290 North D Street, Third Floor San Bernardino, CA 92401 Attn: Sonia R. Carvalho, City Attorney Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the date of delivery or refusal of delivery (or attempted delivery if undeliverable). Section 7.10 Applicable Law and Venue. This Agreement shall be governed by the laws of the State of California and venued in San Bernardino County, California. Each party waives any law, statute (including, but not limited to, Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claims concerning the Agreement, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino. Section 7.11 Parties Bound. Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and shall bind Grantee and its successors and assigns in the Property and the Housing Improvements        Packet Page. 556 1610\01\3695729.3 32 for the entire Term, and the benefit hereof shall inure to the benefit of County and its successors and assigns. Section 7.12 Attorneys' Fees. In the event that any party to this Agreement brings an action to interpret or enforce its rights under this Agreement, each party, including the prevailing party in such action, shall bear its own costs and expenses, including reasonable attorneys' fees in such action. Section 7.13 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability. The Parties to this Agreement, and their counsel, have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including, but not limited to, Civil Code Section 1654) shall not apply to this Agreement. Section 7.14 Force Majeure. In addition to specific provisions of this Agreement, performance by either Party shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock- outs; riots; floods; earthquakes; fires; quarantine restrictions; or court order; or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within ten (10) days of receipt of the notice. In no event shall the County be required to agree to cumulative delays in excess of one hundred eighty (180) days. Section 7.15 County Approval. Whenever this Agreement calls for County approval, consent, or waiver, the written approval, consent, or waiver of the County Chief Executive Officer shall constitute the approval, consent, or waiver of the County, without further authorization required from the County Board of Supervisors. The County hereby authorizes the County Chief Executive Officer, or the designee of the County Chief Executive Officer, to deliver such approvals or consents as are required by this Agreement, or to waive requirements under this Agreement, on behalf of the County. Any consents or approvals required under this Agreement shall not be unreasonably withheld or made, except where it is specifically provided that a sole discretion standard applies. The County Chief Executive Officer, or the designee of the County Chief Executive Officer, is also hereby authorized to approve, on behalf of the County, requests by Grantee for reasonable extensions of time deadlines set forth in this Agreement. The County shall not unreasonably delay in reviewing and approving or disapproving any proposal by Grantee made in connection with this Agreement.        Packet Page. 557 1610\01\3695729.3 33 Section 7.16 Waivers. Any waiver by the County of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the County to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the County to any act or omission by Grantee shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the County's written consent to future waivers. Section 7.17 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. Section 7.18 Entire Understanding of the Parties. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the County Grant. Section 7.19 Multiple Originals; Counterparts. This Agreement may be executed in multiple originals including electronic counterparts (such as facsimile or .pdf), each of which is deemed to be an original, and may be signed in counterparts, and all of which taken together shall constitute one agreement binding on all parties hereto, notwithstanding that all of the parties shall not have signed the same counterpart. [Signature Page(s) Follow(s).]        Packet Page. 558 County Grant Agreement Signature Page 1610\01\3695729.3 S-1 WHEREAS, this Agreement has been entered into by the undersigned as of Effective Date. GRANTEE: City of San Bernardino, a California charter city By: ________________________________ Rochelle Clayton, Acting City Manager Date: _________________________________        Packet Page. 559 County Grant Agreement Signature Page 1610\01\3695729.3 S-2 COUNTY: SAN BERNARDINO COUNTY, a political subdivision of the State of California By: ________________________________ Dawn Rowe, Chairperson Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD LYNNA MONELL Clerk of the Board of Supervisors of the County of San Bernardino By: ________________________________ Deputy APPROVED AS TO LEGAL FORM: TOM BUNTON County Counsel By: _______________________ Suzanne Bryant, Deputy County Counsel        Packet Page. 560 A-1 1610\01\3695729.3 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Bernardino, State of California, described as follows: LOT 4 AND THE EAST 10 ACRES OF LOT 5, BLOCK 43, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY MOBILE HOME LOCATED THEREON. APN: 0278-191-30-0-000        Packet Page. 561 B-1 1610\01\3695729.3 EXHIBIT B FINANCING BUDGET $29,000,000 Status Amount Expenditure Deadline Committed $1,901,365 4/1/2025 Committed $12,450,000 12/31/2026 Reallocatio n $4,500,000 12/31/2026 Committed $4,299,671 9/1/2030 San Bernardino Co unty Pledged $3,000,000 TBD Pledged $808,385 6/30/2026 Pledged $2,120,000 TBD TOTAL $29,079,421 HHAP 3 Hospital/HMO Funding ARPA (City) ARPA (City) Home-ARP Estimated Construction Project Cost Assumptions as of 8/19/24 Construction Funding Sources S ource CDBG City o f San B er nardino Navig ation Center Project Project Name:SB HOPE Campus Project Address:796 6th Street San Bernardino, CA Project Description:200 Bed, Low Barrier, Non-Congregate Campus for Men, Women and Couples; including wrap around services        Packet Page. 562 B-2 1610\01\3695729.3        Packet Page. 563 C-1 1610\01\3695729.3 EXHIBIT C SCOPE OF WORK Project Site, Scope and Program Description Project Location: The SB HOPE Campus Project is located at 796 E. 6th Street in the central portion of the City of San Bernardino, in San Bernardino County, CA. The Project Site consists of a portion of a larger parcel (Assessor’s Parcel Number 027-819-130). The Project Site is L-shaped and is approximately 2.5 acres in size. The Project Site is bounded by Palm Field Park to the west and north, community gardens to the north, a youth social service organization to the east, and a vacant field and solar panel array across 6th Street to the south. A regional location map and Project vicinity map are provided respectively as Figure 1 and Figure 2. As shown in the Existing Site Plan (Figure 3), the existing School of Hope campus consists of five buildings: an art studio and workshop building (Building 1), an administration building (Building 2), a classroom building (Building 3), and two storage buildings (Building 4 and Building 5) and a metal roof canopy, impervious surfaces throughout the campus, and pervious surfaces within the western, northern, central, and southern portions of the campus. There is an additional canopy, not shown in Figure 3, immediately south of the storage building (Building 5). Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: The Proposed Project involves demolishing all existing structure and developing a homeless navigation facility to provide low barrier, congregate and non-congregate interim housing and supportive services for homeless individuals and households at risk of becoming homeless. The Modular manufacture will provide in-house or subcontract with an Architect to coordinate with Civil, MEP and structural consultants to deliver full project CD Package for submission to both city and State for review and approval to develop SB Hope Navigation Center. The Scope of the Project: ▪180 congregant sleeping spaces includes beds with storage spaces underneath the beds. Sixteen of these sleeping spaces should Americans with Disabilities Act (ADA) accessible, ensuring accessibility for future residents with disabilities. ▪Community restroom and showers (Male, Female, Independent Gender Neutral or Family Restrooms with toilets and showers). ▪20 independent sleeping pods with an attached restroom (can be located separate area on the site if needed). ▪Operator & Recuperative Care Area (separate from City Outreach and hub) that includes 12 work stations for drop-in work, 4- single management offices, 1 in-take office by front        Packet Page. 564 C-2 1610\01\3695729.3 the door (include secondary egress), two recuperative care medical office spaces with sink and reception area with panel/acrylic guard ▪City HUB/ Substation: 4-5 workstation and 1 office for outreach personnel. ▪Laundry Facility to accommodate 6 Speed-Queen Stackable ▪Covered Solar Parking to meet parking requirement and EV charger. Parking lot circulation should consider ADA and Access van. ▪Covered dog kennel and small dogs run accommodate 10 dogs including access to water, fans and heaters. ▪Also, all fire sprinklers, and heating, ventilation, and air conditioning (HVAC) systems. ▪The Proposed Project would also include a cafeteria with a fully equipped commercial kitchen able to serve 120 residents per meal. The cafeteria would also serve as an assembly area and would include moveable dividers to divide the cafeteria into four smaller areas for activities. ▪The Project would also include Wi-Fi access, outdoor furniture, way-finding signage, landscaping, a waste enclosure (for trash, recycling, and organic waste), outdoor heating rooms for pest/ bed bugs remediation and a bicycle storage area.        Packet Page. 565 C-3 1610\01\3695729.3        Packet Page. 566 C-4 1610\01\3695729.3 ****All existing structures depicted above are to be demolished.        Packet Page. 567 D-1 1610\01\3695729.3 EXHIBIT D REVOCABLE GRANT DEED OF TRUST        Packet Page. 568 E-1 1610\01\3695729.3 EXHIBIT E REGULATORY AGREEMENT        Packet Page. 569 F-1 1610\01\3695729.3 EXHIBIT F SCHEDULE OF PERFORMANCE [CITY NEEDS TO PROVIDE UPDATED SOP] This Schedule of Performance summarizes the schedule for various activities under the Grant Agreement to which this exhibit is attached. The description of items in this Schedule of Performance is meant to be descriptive only and shall not be deemed to modify in any way the provisions of the Agreement to which such items relate. Times for performance are subject to Force Majeure, as further provided in Section 7.14 of the Agreement. Whenever this Schedule of Performance requires the submission of plans or other documents at a specific time, such plans or other documents, as submitted, shall be complete and adequate for review by the County or other applicable governmental entity within the time set forth herein. Prior to the time set forth for each particular submission, the Grantee shall consult with County staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. Items in the Schedule of Performance required to be completed or waived by the Close of Escrow will be deemed satisfied or waived and evidenced by the County authorizing the Close of Escrow. Item Obligation/Duty Date of Completion 1.Submission of Organizational Documents. Grantee has delivered to the County a copy of Grantee's City Council resolution authorizing Grantee's execution of this Agreement and the transactions contemplated by this Agreement On or before _____ __, 2024. 2.Land Use Entitlements. Grantee shall obtain the land use entitlements and all permits and approvals for the necessary for the completion of the Scope of Work. No later than _____________ 3.Submission of Proof of Insurance. Grantee must furnish to County proof of insurance required under §4.10 No later than _____________ 4.Submission of Construction Bonds. Grantee shall obtain and submit proof of labor and material bond and performance and payment bond for Scope of Work. Not later than seven (7) days prior to the proposed Commencement of Construction. 5.Submission of Construction Contract. Grantee shall submit proposed Construction Contract for the Scope of Work. Not later than seven (7) days prior to the proposed Commencement of        Packet Page. 570 F-2 1610\01\3695729.3 Construction of Scope of Work. 6.Commence Construction. Grantee shall commence construction of the Scope of Work. _______, but in no event any later than ____ months from the Effective Date of this Agreement. 7.Completion of Construction. Grantee shall diligently complete construction of the Scope of Work. No later than _____________, approximately within ___(__) months from construction commencement of the Scope of Work but no later than December 31, 2025 8.Certificate of Occupancy. City issues Certificate of Occupancy. Within 5 business days of completion of construction for the Scope of Work and inspection by the City's Building Official or designee 9.Prevailing Wages. To the extent applicable the Grantee has submitted copies of all certified payrolls to the County, and any identified payment issues have been resolved, or Grantee is working diligently to resolve any such issues. Within ninety (90) days of completion of construction of the Scope of Work and issuance of Certificate of Occupancy.        Packet Page. 571 1610\01\3695725.1 [INSERT COUNTY COVER PAGE]        Packet Page. 572 1 1610\01\3695725.1 ________________________________________________________________________ REVOCABLE GRANT DEED OF TRUST (San Bernardino HOPE Campus Navigation Center) THIS REVOCABLE GRANT DEED OF TRUST ("Deed of Trust") is made as of September __, 2024, by and among City of San Bernardino, a California charter city ("Trustor"), Commonwealth Land Title Company, a California corporation ("Trustee"), for the benefit of the San Bernardino County, a political subdivision of the State of California ("Beneficiary"). FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property generally located 796 E. 6th Street, City of San Bernardino, San Bernardino County, State of California, that is described in the attached Exhibit A, incorporated herein by this reference (the "Property"), is herein referred to as the "Security." To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever. FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (collectively, the "Secured Obligations"): (a) Payment to Beneficiary of all sums at any time owing under or in connection with the Revocable Grant Agreement and any other amounts owing under the Regulatory Agreement or this Deed of Trust (collectively, the "Revocable Grant Documents"). Said County Grant and other payments shall be due and payable as provided in the Revocable Grant Agreement or other Revocable Grant Documents, as applicable. The Revocable Grant Agreement and all its terms are incorporated herein by reference, and this conveyance shall secure any and all extensions thereof, however evidenced; and (b) Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; and (c) Performance of every obligation, covenant or agreement of Trustor contained herein and in the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, between the Beneficiary and Trustor, recorded against the Property. To protect the security of this deed of trust, trustor covenants and agrees: By the execution and delivery of this Deed of Trust that Trustor will observe and perform said provisions and the provisions (1) to (14), inclusive (set forth in Exhibit B), of the fictitious deed of trust recorded in San Bernardino County on October 23, 1961, in Book        Packet Page. 573 2 1610\01\3695725.1 5567 Page 61, which provisions are incorporated herein and made apart hereof as fully as though set forth herein at length; that Trustor will observe and perform said provisions; and that the references to property, obligations and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to it at its address. [Signature Page Follows]        Packet Page. 574 1 1610\01\3695725.1 IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the first date written above. TRUSTOR: City of San Bernardino, a California charter city By: _________________________________ Rochelle Clayton, Acting City Manager Date: _________________________________        Packet Page. 575 1610\01\3695725.1 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Name: Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.        Packet Page. 576 1610\01\3695725.1 B-1 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Bernardino, State of California, described as follows: LOT 4 AND THE EAST 10 ACRES OF LOT 5, BLOCK 43, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY MOBILE HOME LOCATED THEREON. APN: 0278-191-30-0-000        Packet Page. 577 1610\01\3695725.1 B-1 EXHIBIT B FICTITIOUS DEED OF TRUST PROVISIONS To Protect the Security of This Deed of Trust, Trustor Agrees: C.1 To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon: not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. C.2 To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. Subject to Exhibit B, the amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default hereunder or invalidated any act done pursuant to such notice. C.3 To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney’s fees in a reasonable sum, in any such actions or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. C.4 To pay: at least ten days before delinquency all taxes and assessments affecting said property; when due, all encumbrances, charges and liens with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, the Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, but subject to any applicable notice and cure rights herein or in the Loan Documents, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior to or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.        Packet Page. 578 1610\01\3695725.1 B-2 C.5 To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. C.6 That any award of damages in connection with any condemnation for public use or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him/her them in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. C.7 That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due all other sums so secured or to declare default for failure so to pay. C.8 That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and said Note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may; reconvey any part of said property, consent to the making of any map or plat thereof; join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof. C.9 That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy this document (unless directed in such request to retain it). C.10 That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to adequacy of any security for the indebtedness hereby secured enter upon and take possession of said property or any part thereof, in his/her/their own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.        Packet Page. 579 1610\01\3695725.1 B-3 C.11 That upon default by trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said Note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not the repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. C.12 Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee. C.13 That this Deed of Trust applies to inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the Note secured hereby, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. C.14 That Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify        Packet Page. 580 1610\01\3695725.1 B-4 any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.        Packet Page. 581 1610\01\3695726.2 [Attach Recorder's Cover Sheet] REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (San Bernardino Navigation Center)        Packet Page. 582        Packet Page. 583 1 1610\01\3695726.2 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (San Bernardino HOPE Campus Navigation Center) This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is dated as of September __, 2024 ("Effective Date"), and is made and recorded by and between the San Bernardino County, a political subdivision of the State of California (the "County") and the City of San Bernardino, a California charter city (the "Grantee"). RECITALS A. Capitalized terms used but not defined in these recitals are as defined in Article 1 of this Agreement. B. Grantee and County are parties to that certain Revocable Grant Agreement, of even date herewith, under which the County agreed to provide Grantee a grant of Three Million Dollars ($3,000,000) (the "County Grant") to fund the development of the specified real property described below for the purposes of increasing the community's supply of affordable housing. C. The Grantee owns that certain real property located at 796 E. 6th Street, City of San Bernardino, San Bernardino County, State of California, as further described on the attached Exhibit A incorporated herein (the "Property"). The Grantee intends to convert the Property to a a 200-bed housing-first, low-barrier, non-congregate navigation center for individuals and families who are experiencing homelessness or who are at risk of homelessness (the "Housing Improvements"). The Housing Improvements and the Property are referred to as the "Project." NOW, THEREFORE, in consideration of the foregoing recitals, incorporated herein by this reference, and the covenants and promises contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Grantee declares as follows: ARTICLE 1 DEFINITIONS Section 1.1 Definitions. When used in this Agreement, the following terms have the following meanings: (a) "Agreement" means this Regulatory Agreement and Declaration of Restrictive Covenants. (b) "County Grant" has the meaning set forth in Recital B, above. (c) "Beds" means the two hundred (200) beds, which are designated to and restricted for occupancy by Eligible Participants. (d) "Eligible Participants" means either At Risk of Homelessness Households or Homeless Households, referred by the County's Office of Homeless Services        Packet Page. 584 2 1610\01\3695726.2 (OHS) through the Coordinated Entry System (CES) to Grantee. All those participating with CES will need to apply to participate in the Homeless Management Information System (HMIS). (e) "Homeless Household" means housing for individuals and families who are experiencing homelessness, as defined in Section 578.3 of Title 24 of the Code of Federal Regulation. (f) "Housing First" has the meaning set forth in Section 8255 of the Welfare and Institutions Code. (g) "HUD" means the United States Department of Housing and Urban Development. (h) "Low-Barrier" means best practices to reduce barriers to entry including, but not limited to: (1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assult, women, or youth; (2) allows pets; (3) provides space for the storage of possessions; or (4) provides privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (i) "Low Barrier Navigation Center" means a facility a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, where the participant is not required to pay toward the cost of housing and which does not require occupants to sign leases or occupancy agreements. (j) "Revocable Grant Deed of Trust" means that certain Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing, of even date herewith, among Grantee, as Trustor, First American Title Insurance Company, as trustee, and the County, as beneficiary, that will encumber the Property to secure performance of the covenants of the Regulatory Agreement and the Revocable Grant Agreement. (k) "Term" means the term of this Agreement which commences as of the Completion Date and ends ten (10) years thereafter, which is expected to terminate October 1, 20__. ARTICLE 2 AFFORDABILITY AND OCCUPANCY COVENANTS Section 2.1 Occupancy Requirements. During the entire Term, two hundred (200) beds in the Project will be occupied by, or, if vacant, available for occupancy by, Eligible Participants consistent with the terms of this Agreement and in accordance with Housing First and Low Barrier principles. This is an approach that offers shelter beds with the goal of finding permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides        Packet Page. 585 3 1610\01\3695726.2 the supportive services and connections to the community-based supports people need to avoid returning to homelessness. The Project must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b). Section 2.2 No Rent or Fees. (a) Rent. During the entire Term, the Housing Improvements are designated as a Low Barrier Navigation Center and, as such, Grantee hereby agrees to provide the Housing Improvements to Eligible Participants at no cost to the occupants of the Housing Improvements. (b) Fees. During the entire Term, the Grantee may not charge any fee to any occupant of the Housing Improvements for any housing or other services provided by Grantee. Section 2.3 Accessibility. The Project will be operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements. Grantee shall cause the Project to be operated at all times in compliance with the provisions of: (1) the Unruh Act; (2) the California Fair Employment and Housing Act; (3) Section 504 of the Rehabilitation Act of 1973; (4) the United States Fair Housing Act, as amended; and (5) the Americans With Disabilities Act of 1990, which relate to disabled persons access. Grantee shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Grantee's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection will survive expiration of the Term or other termination of this Agreement and remain in full force and effect. Section 2.4 Referrals. (a) The Grantee agrees that all Housing Improvements will be occupied by Eligible Participants through either City referrals or the CES referral process that currently coordinates with the County Continuum of Care. The City may refer individuals to the facility if they are entered into CES within 48 hours. All those participating with CES will need to apply to participate in the Homeless Management Information System (HMIS). Grantee shall provide the County, with the Grantee's written Eligible Participant selection plan (the "Tenant Selection Plan"). For the duration of the Term of this Agreement, Grantee will make the Beds in the Navigation Center available to Eligible Participants referred by the City or by the County in compliance with the CES referrals coordinated with the County Continuum of Care without further compensation. (1) Grantee must work in collaboration with CES and County Continuum of Care to ensure the screening, assessment, and referral of Eligible Participants.        Packet Page. 586 4 1610\01\3695726.2 (2) Grantee agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Grantee to CES for assessment and prioritization within seventy-two (72) hours. Grantee understands that individuals and/or families may not be referred to Grantee and may be referred to another service provider based upon the CES assessment. Section 2.5 Reporting Requirements. Grantee shall submit to the County: (a) not later than the forty-fifth (45th) day after the close of each calendar year, or such other date as may be requested by the County, a signed copy of the reporting information meeting the requirements set forth in the attached Exhibit B; and (b) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the County in order to comply with reporting requirements of HUD, the State of California, and the County, as applicable. Section 2.6 Additional Information. Grantee shall provide any additional information reasonably requested by the County if such information is required for reporting to an outside agency or the San Bernardino County Board of Supervisors. Section 2.7 Services Plan. The Grantee shall execute a contract with a qualified and competent organization with experience in providing on-site social services (“Service Provider”). The Grantee shall not be considered in default if the services described in the section are not provided due to lack of funding. Service Provider shall provide services to all occupants of the Housing Improvements (the "Social Services") if and when funding is obtained by the Grantee. Grantee or the Service Provider shall submit to the County a services plan which shall include written guidelines or procedures for providing the Social Services (the "Services Plan"), and a budget for the provision of Social Services (the "Services Budget") provided for informational purposes. For the entire Term of this Agreement, Service Provider shall provide the Social Services in accordance with the Services Plan and Services Budget as such may be amended at the Grantee's discretion. ARTICLE 3 OPERATION OF THE DEVELOPMENT Section 3.1 Use; Compliance with Standard Agreement. During the Term, the Grantee shall at all times operate the Project as a Low Barrier Navigation Center and shall at all times provide up to two hundred (200) Beds, in compliance with the terms of this Agreement. Section 3.2 Property Maintenance. (a) Grantee shall maintain, for the entire Term of this Agreement, all interior and exterior improvements, including landscaping, on the Property in good condition and repair        Packet Page. 587 5 1610\01\3695726.2 (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, and in a decent, safe, sanitary condition and in good repair. (b) The County places prime importance on quality maintenance to protect its investment and to ensure that all County-assisted projects are not allowed to deteriorate due to below-average maintenance. Grantee shall make all repairs and replacements necessary to keep the improvements in good condition and repair. Section 3.3 On-Site Inspections. The County may perform, or cause to be performed, an on-site inspection of the Housing Improvements (subject to the rights of occupants) at least one (1) time per year upon twenty-four (24) hours' notice during normal business hours solely to monitor compliance with this Agreement. Grantee shall cooperate in making the Property available for such inspection. Section 3.4 Taxes and Assessments. As required and applicable, Grantee shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Grantee may contest in good faith, any such taxes, assessments, or charges. In the event Grantee exercises its right to contest any tax, assessment, or charge against it, Grantee, on final determination of the proceeding or contest, will immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. Section 3.5 Management Responsibility. The Grantee is responsible for all management functions with respect to the Project and shall keep the property in decent, safe, sanitary, tenantable condition and repair, and to permit no waste thereof. The County shall have no responsibility over management of the Project. Grantee shall retain a professional property management company, to perform its management duties hereunder. Upon County's request, Grantee shall submit to the County an initial proposed Management Plan. Section 3.6 Management Agent. To the best of its ability, Grantee shall cause the Project to be managed by an experienced management agent (the "Management Agent"), with a demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe, and sanitary housing. As described in Section 2.7 above, Grantee shall retain the services of a Service Provider that shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (ex. Case managers, Clinicians, medical staff, peer advocates,        Packet Page. 588 6 1610\01\3695726.2 employment specialists, and eligibility specialists). The Grantee shall endeavor to obtain necessary funds to obtain all necessary services. However, Grantee is not in breach or default for not obtaining the above described services due to lack of funding. Section 3.7 Periodic Performance Review. The County reserves the right to conduct a periodic review of the management practices and financial status of the Project within thirty (30) days after each anniversary of the occupancy date. The purpose of each periodic review will be to enable the County to determine if the Project is being operated and managed in accordance with the requirements and standards of this Agreement. Grantee shall cooperate with the County in such reviews. Section 3.8 Replacement of Management Agent. (a) If, as a result of a periodic review the County determines in its reasonable judgment that Project is not being operated and managed in accordance with the material requirements and standards of this Agreement or the Standard Agreement, the County shall deliver notice to the Grantee of such operational issues which notice shall describe the County's findings with specificity. The County staff and Grantee, and any partners of the Grantee, shall meet in good faith to consider methods for improving the financial and operating status of the Project, including, without limitation, replacement of the Management Agent. (1) If, after such meeting, County staff recommends in writing the replacement of the Management Agent, with the reasonable concurrence of the Grantee, the Grantee shall dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in subsection (a) above and notify the County pursuant to subsection (a) above. (b) Any contract for the operation or management of the Project entered into by the Grantee shall provide that the contract can be terminated as set forth in Section 3.9(a)(1) above. Section 3.9 Nondiscrimination. During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantee and sub-grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5).        Packet Page. 589 7 1610\01\3695726.2 Section 3.10 Notice of Expiration of Term. Prior to the expiration of the Term, Grantee, if Grantee is discontinuing the use of Housing Improvements as a low barrier navigation center, shall provide by first-class mail, postage prepaid, a notice to all residents containing the information and meeting the requirements set forth in California Government Code Sections 65863.10 and 65863.11, as such may be amended from time to time. If the Project is to be sold within the Term, the County shall be provided a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Project. Section 3.11 Covenants to Run With the Land. The County hereby declares its express intent that the provisions this Agreement shall run with the land and shall bind all successors in title to the Project; provided, however, that on the expiration of the Term, said covenants and restrictions shall immediately and permanently expire. Upon automatic expiration of the said covenants and restrictions included in this Agreement, the County shall record a document, sufficiency approved by the Grantee, documenting, acknowledging, and accepting said expiration. Section 3.12 Enforcement by the County. Subject to Section 2.8 of the Grant Agreement, if the Grantee fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the County provided notice in writing of the default or, if the default cannot be cured within thirty (30) days, failed to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within one hundred and eighty (180) days, the County shall have the right to enforce this Agreement by any remedy provided by law; including but not limited to an action at law or equity to compel Grantee's performance of its obligations hereunder, and/or for damages. Section 3.13 Records. Grantee shall maintain complete, accurate and current records pertaining to the Project, and shall permit any duly authorized representative of the County to inspect records, including records pertaining to Eligible Participants. All Eligible Participants lists, applications and waiting lists relating to the Project are to be at all times: (a) separate and identifiable from any other business of Grantee; (b) maintained in a reasonable condition for proper audit; and (c) subject to examination during business hours by representatives of the County. Grantee shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years.        Packet Page. 590 8 1610\01\3695726.2 ARTICLE 4 MISCELLANEOUS Section 4.1 Governing Law and Venue. This Agreement is governed by the laws of the State of California and venue shall be in San Bernardino County, California. Each party waives any law, statute (including, but not limited to, Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claims concerning the Agreement, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County. Section 4.2 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. The Parties to this Agreement, and their counsel, have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including, but not limited to, Civil Code Section 1654) shall not apply to this Agreement. Section 4.3 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the County in writing, but no waiver by the County of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement. Section 4.4 Recording and Filing. The County and Grantee shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Property in the Official Records of the County of San Bernardino, in first lien position over all other agreements, covenants, liens, or other matters of record on the Property. Section 4.5 Amendments. This Agreement may be amended only by a written instrument duly recorded in the Official Records of San Bernardino County. Section 4.6 Parties Bound. Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement is intended to run with the land and shall bind Grantee and its successors and assigns in the Property and the Housing Improvements        Packet Page. 591 9 1610\01\3695726.2 for the entire Term, and the benefit hereof shall inure to the benefit of County and its successors and assigns. Section 4.7 Attorneys' Fees. In the event that any party to this Agreement brings an action to interpret or enforce its rights under this Agreement, each party, including the prevailing party in such action, shall bear its own costs and expenses, including reasonable attorneys' fees in such action. Section 4.8 Subordination. This Agreement shall be recorded in a lien position approved by the County and shall not be subordinated to any lien or encumbrance proposed to be recorded against the Property except as allowed under Section 2.9 of the County Grant Agreement. Section 4.9 Notice. (a) Formal notices, demands, and communications between the Parties shall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the Parties as follows: County: Community Development and Housing Department San Bernardino County 560 East Hospitality Lane, Suite 200 San Bernardino, CA 92415-0043 Attn: Community Development and Housing Director with copy to: Goldfarb & Lipman, LLP 1300 Clay Street, 11th Floor Oakland, CA 94612 Attn: Rafael Yaquian Grantee: City of San Bernardino 290 North D Street San Bernardino, CA 92401 Attn: City Manager with copy to: Office of City Attorney 290 North D Street, Third Floor San Bernardino, CA 92401 Attn: Sonia R. Carvalho, City Attorney (b) Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner        Packet Page. 592 10 1610\01\3695726.2 herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Section 4.10 Assignment by the County. The County may assign its rights and obligations under this Agreement to any instrumentality of the County or other public entity. Section 4.11 Indemnification. The Grantee agrees to indemnify, defend (with counsel reasonably approved by the County) and hold harmless the County and its authorized officers, employees, agents, and volunteers ("County Indemnitees") from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of County Indemnitees. The Grantee's indemnification obligation applies to County Indemnitees' active as well as passive negligence but does not apply to the County Indemnitees' sole negligence or willful misconduct within the meaning of Civil Code Section 2782. The provisions of this Section shall survive the expiration of this Agreement and the provisions of this section shall remain in full force and effect. Section 4.12 Term. The provisions of this Agreement shall apply to the Project for the entire Term. Section 4.13 No Third Party Beneficiaries. No person other than the Grantee and the County is a party to this Agreement or shall be entitled to any right or benefit hereunder, there shall be no third party beneficiaries to this Agreement. Section 4.14 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the Property, this Agreement will revive according to its original terms if, during the Term, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the Project or Property. Section 4.15 Entire Understanding of the Parties. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the County Grant and the operation of the Project.        Packet Page. 593 11 1610\01\3695726.2 Section 4.16 Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts, and all of which taken together shall constitute this Agreement. [Signatures on following page.]        Packet Page. 594        Packet Page. 595 S-1 1610\01\3695726.2 IN WITNESS WHEREOF, this Agreement has been entered into by the undersigned as of the date first written above. COUNTY: SAN BERNARDINO COUNTY, a political subdivision of the State of California By: ____________________________________ Luther Snoke, Chief Executive Officer APPROVED AS TO LEGAL FORM: TOM BUNTON County Counsel By: ____________________________________ Suzanne Bryant, Deputy County Counsel        Packet Page. 596 S-2 1610\01\3695726.2 GRANTEE: City of San Bernardino, a California municipal corporation By: _________________________________ Rochelle Clayton, Acting City Manager Date: _________________________________        Packet Page. 597 1610\01\3695726.2 STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Name : Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.        Packet Page. 598 1610\01\3695726.2 ______________________________________ Name: ______________________________ Name: Notary Public STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ____________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: ______________________________ Name: Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.        Packet Page. 599 A-1 1610\01\3695726.2 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of San Bernardino, State of California, described as follows: LOT 4 AND THE EAST 10 ACRES OF LOT 5, BLOCK 43, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY MOBILE HOME LOCATED THEREON. APN: 0278-191-30-0-000        Packet Page. 600        Packet Page. 601 C-1 1610\01\3695726.2 EXHIBIT B REPORTING REQUIREMENTS A. Data Reporting 1. Grantee will submit detailed reports containing, at minimum, the following information: •Unduplicated number of homeless persons and households served; •Unduplicated number of persons and households at imminent risk of homelessness served; •Number of instances of service; •Increases in capacity for new and existing programs; •Number of unsheltered homeless persons and homeless households becoming sheltered; and •Number of homeless persons and homeless households entering permanent housing. 2. Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development: •Chronically homeless •Homeless veterans •Unaccompanied homeless youth •Homeless persons in families with children 3. Counts by subpopulation will not be required in cases where that information is unavailable, but is expected in cases where client information is entered in the Homeless Management Information System (HMIS). B. Homeless Management Information System (HMIS) HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the County. Grantee must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by the County OHS. HMIS technical and data standards are set forth in the Final 2017 HMIS Data Standards, on file with the County. 1. Grantee shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the Grantee agrees to share HMIS data with other County funded agencies, unless prohibited by law. 2. Grantee is required to work with County (OHS) staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to Grantee’s program. Grantee’s        Packet Page. 602 C-2 1610\01\3695726.2 program profile must be setup prior to Grantee submitting their first Grant Fund Disbursement Request form. 3. Grantee shall submit a copy of HMIS reports, in a form to be provided by the County, with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the Grantee is using a comparable database shall be delivered to the County. The contact information for the "HMIS Lead Agency" is: HMIS Lead / Kennedy Robin San Bernardino County Office of Homeless Services 560 E. Hospitality Lane, Suite 200 San Bernardino CA 92415-0044 Phone: 909-386-1924 4. Grantee must ensure all required data elements, as listed below, are entered into the HMIS system for Eligible Participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Agreement. Grantee will be notified by County (OHS) staff, and if not rectified, the Agreement may be terminated at the County’s sole and absolute discretion. 5. In addition to the timely entry of HMIS data, Grantee is required to enter accurate and complete data. The County will ensure Grantee adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered: 1.Client Demographic Data a) Name b) Social Security Number c) Date of Birth d) Race e) Ethnicity f) Gender g) Veteran Status 2.Universal Data a) Disabling Condition b) Project Start Date c) Project Exit Date d) Destination e) Relationship to Head of Household f) Client Location g) Housing Move-in Date        Packet Page. 603 C-3 1610\01\3695726.2 h) Living Situation 3.Common Program Specific Data Elements a) Income and Sources b) Non-Cash Benefits c) Health Insurance d) Disability Elements e) Physical Disability f) Developmental Disability g) Chronic Health Condition h) HIV/AIDS i) Mental Health Problem j) Substance Abuse k) Domestic Violence l) Contact m) Date of Engagement n) Bed-Night Date o) Housing Assessment Disposition 4.Data Timeliness a) Entry Timeliness b) Exit Timeliness 6. According to Data Quality Standards, Grantee is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on Grantee’s HMIS Data Quality Report Sample, see Exhibit 5. The report will be generated by Grantee and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with Grantee to determine methods to remediate and/or improve data quality scores. 7. If Grantee continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, County may terminate Agreement as set forth in CORRECTION OF PERFORMANCE DEFICIENCIES Section. 8. Grantee agrees to provide the County and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.        Packet Page. 604 C-4 1610\01\3695726.2        Packet Page. 605 C-5 1610\01\3695726.2        Packet Page. 606 C-6 1610\01\3695726.2        Packet Page. 607 C-7 1610\01\3695726.2 C. Program Participant Eligibility Grantee shall ensure that: 1. Eligible Participants meet the Homeless or At Risk of Homelessness definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations: 2. Eligible Participants are referred by CES to Grantee. 3. Grantee coordinates Program enrollment and services in collaboration with CES. D. Job Training and Employment Grantee agrees to refer Eligible Participants that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Grantee also agrees to refer eligible “work ready” clients to the County’s Community Employment Pathways (CEP) program for job placement services. Number of participants who have been referred to WDD and CEP will be reported on a quarterly basis by Grantee. E. Staffing Requirements Pursuant to the terms of Section 2.7, Grantee shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (e.g., case managers, clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists). Grantee must have the readiness capacity to immediately perform and administer homeless efforts through Grant Funding.        Packet Page. 608 2 3 0 9 DISCUSSION City of San Bernardino Request for Council Action Date:September 4, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Reaffirmation of Homelessness State of Emergency Declaration (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2024-201, reaffirming the declaration of a Homelessness State of Emergency; and 2. Direct the City Manager or designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness, including the waiver of purchasing or bidding for physical shelter space. Executive Summary On February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-028, which declared a State of Homelessness Emergency, for a period of one year. The sunset of the Proclamation of Emergency was on February 1, 2024. This resolution is to reaffirm the State of Homelessness Emergency, which shall sunset on December 31, 2025, subject to being renewed. Since the declaration in February 2023, the City has faced numerous obstacles in battling the homeless crisis, including the Injunction against Homeless Encampment Removal, imposed by Judge Hatter in May 2023. Since that time, the City has exhibited an influx of Homeless Encampments in parks and open spaces. Due to the Injunction and prohibition to move the un-housed, the crisis has increased exponentially.        Packet Page. 609 2 3 0 9 Background Throughout the years, the City has maintained partnerships with several local homeless service agencies to provide shelter, housing, and resources to the homeless community, but despite best efforts, there has been little impact in mitigating homelessness. The source of this issue is connected to the City’s shelter crisis. There is insufficient capacity to shelter everyone experiencing homelessness. Actions Taken to Address Homelessness On October 31, 2022, the City hired Homeless Services Coordinator, Ashley Esquivel, who is working closely with the Deputy Director of Housing & Homelessness, Cassandra Searcy to develop methodologies that are consistent with best practices, align with the County’s Continuum of Care System, and strengthen community partnerships. On December 7, 2022, Council approved over $25 million in ARPA funds for the following homeless related initiatives: •Public Health and Safety - FY 23 $613,678 for the remainder of the year with an ongoing expense of approximately $1,076,158 in FY 24. During the first quarter of FY 2023 the City added: 2 Lead Maintenance Workers, 2 Maintenance Supervisors, and 8 Maintenance Worker I (FLEX) Funding to assist with encampment clean-ups. •Navigation Center - $12.45 million: Development of a 200-bed, low-barrier, non- congregate facility that provides interim housing and onsite supportive services. •Ongoing Operational Cost for Navigation Center - $4.5 million: Provides $1.5 million annually over the span of three (3) years. •Homeless Outreach Team - $1.5 million: Dedicated street outreach to provide City-wide comprehensive coverage to assist individuals experiencing homelessness. •Mobile Shower Expansion - $150,000: Partner with a non-profit organization to expand mobile shower services throughout the City by operating a 28-foot- long mobile shower trailer equipped with three (3) full-service restrooms and laundry facility. •Lutheran Social Services (LSSSC) - $5 million: The City is partnering with LSSSC on a Homekey Round 3 project to expand shelter capacity and develop a 140 bed, non-congregate interim housing and 20 permanent supportive housing units for men and men with children. In planning to build the City’s Navigation Center, The City’s Navigation Center, called the San Bernardino Homeless Outreach, Prevention, and Education Campus (“HOPE Campus” or “Navigation Center”), serves as the cornerstone of the City’s long-term        Packet Page. 610 2 3 0 9 strategy towards addressing homelessness. The HOPE Campus will offer interim housing, recuperative care, and comprehensive onsite services that will connect the City’s unsheltered population to a wide range of programs, social services, and housing. In addition to the aforementioned,to fund the construction and operation of the Navigation Center, the Mayor and City Council have approved the following allocations: •On December 7, 2022, the Mayor and City Council allocated $12,450,000 in ARPA funds for the construction of the Navigation Center and $4,500,000 in ARPA funds for the operation of the Navigation Center. •On March 15, 2023, the Mayor and City Council approved an allocation of $4,299,671 of HOME-ARP funds to assist with the design and construction of the Navigation Center. •On June 21, 2023, the Mayor and City Council adopted the FY 2023-24 Annual Action Plan, which included an allocation of $1,901,365 in CDBG funds for the Navigation Center. •On July 19, 2023, the Mayor and City Council adopted Resolution No. 2023- 097, amending the City’s 2020-2023 Permanent Local Housing Allocation (PLHA) Program funding to provide $4,355,241 towards the operating and/or capital costs of the City’s Navigation Center. •On October 4, 2023, the Mayor and City Council adopted Resolution No. 2023- 144 for the Strategic Initiatives, approving an annual allocation of $2,000,000 for Homelessness Services Sustainability beginning FY 2026/27. •On November 1, 2023, the Mayor and City Council accepted $808,358.87 in Homeless Housing, Assistance, and Prevention (HHAP) Round 3 grant funds from the County of San Bernardino for the Navigation Center. The City continues to work collectively with local stakeholders and government agencies to streamline processes, leverage funding, and improve coordination and collaboration. Discussion Emergency shelter and housing is a critical component of working towards the resolution of the homeless crisis in San Bernardino, along with the wraparound social support services. Defining Emergency Housing Emergency housing is housing in a permanent or temporary structure(s), occupied during a declaration of a state of emergency, local emergency, or shelter crisis. Currently, the Section 19.02.050 of the City’s Development Code defines “Emergency        Packet Page. 611 2 3 0 9 Shelter” as follows: “As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter,” “homeless facility,” or “social service center with a residential component.’” The City could consider adopting state-provided appendices related to emergency housing. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; emergency sleeping units, emergency transportable units and structures constructed in accordance with Appendix X of the California Residential Code. •Dependent units used for sleeping. •Site provided communal sanitary facilities. The Adoption of California Residential Code Appendix X and California Building Code Appendix O into Title 15 of the SBMC will provide construction standards for developing emergency housing facilities in approved locations and a standard for third- party projects impacting emergency housing/homelessness. The Development Code currently allows Emergency Shelters as a “by-right” use at five pre-defined Emergency Shelter Overlay Zone areas in the City that fall within the CH – Commercial Heavy, IL – Industrial Light, and OIP – Office Industrial Park Zones, consistent with California Government Code Section 65589.5. Emergency Shelters in these areas are only required to obtain an Administrative Development Permit Type 1 and any necessary Building Permits. Chapter 19.10-E of the Development Code outlines the Development and Operational Standards for the Emergency Shelter Overlay Zone including but not limited to proximity to transit lines, maximum length of stay, parking requirements, and the preparation of security and management plans. For other areas outside the Emergency Shelter Overlay Zone, the Development Code allows Emergency Shelters with the granting of a Conditional Use Permit (CUP) by the Planning Commission within the CR-2 - Commercial Regional-Downtown and CH – Commercial Heavy Zones. The Development Code does not currently allow for Emergency Shelters within any residential zones. However, “Homeless Facilities” and “Social Service Uses/Centers,” which may include overnight stays, are permitted with a CUP in some residential zones. In an effort to provide greater flexibility and a streamlined approval process for Emergency Shelters, the City Council may consider amending the Development Code        Packet Page. 612 2 3 0 9 to allow Emergency Shelters with a CUP in additional zones and consider applying the Emergency Shelter Overlay Zone to more properties as deemed appropriate. Possible Zones to consider allowing Emergency Shelters by right, with a CUP or by applying the Emergency Shelter Overlay Zone, could include the following: Zoning District Requirement (RH) Residential High Conditional Use Permit (CO) Commercial Office Conditional Use Permit (CG-1) Commercial General Conditional Use Permit (IL) Industrial Light Permitted by-right (PF) Public Facilities Permitted by-right Once locations are identified, the City will create a map of allowable zones and will also need to do the following: •Create an ordinance to update Standards applicable to emergency homeless shelters. •Determine an alternate means of compliance concerning specific Fire Code requirements that must at least meet the minimum fire/life safety and building regulations identified by the City and San Bernardino County Fire Department (i.e., occupancy rate, structural requirements, ventilation, etc.). •Identify a plan/process for streamlining zoning regulations for privately-owned or operated shelters, including administrative approval of conditional use permits for shelters, allowing temporary shelters by-right on sites with an approved assembly use and streamlining approval of City-sponsored shelters on private property that may otherwise require zoning approvals. Things the City Can Do by Declaring a Homelessness State of Emergency If the City Council adopts the Homelessness State of Emergency Declaration, the effective period of the Homelessness Crisis shall begin on February 1, 2023, and shall end on February 1, 2024, with the City Council having to review the declaration every 60 days. If passed, the Homelessness State of Emergency Declaration would yield several consequences (see Gov. Code § 8630 et seq). First, the City Manager and/or Mayor and City Council can promulgate, issue, and enforce rules, regulations, orders and directives it considers necessary for the protection of life and property. Second, it would expand some of the City Manager’s powers, allowing him to enter into contracts, pursue grants and obtain emergency funding from state and federal entities to create additional shelters, add interim housing, and obtain emergency funding as it becomes available. Third, City workers would become designated disaster workers and may be used for such purposes.        Packet Page. 613 2 3 0 9 Should the Declaration pass, the City Manager could be directed to do any or all of the following: •Prepare an ordinance adopting California Residential Code Appendix X and California Building Code Appendix O to serve as alternative local standards and procedures for the construction of homeless shelters if required, as well as their operation. •Prepare an interim ordinance (if required) to streamline zoning regulations for privately-owned or operated shelters, including zoning administrator approval of conditional use permits for shelters, allowing small temporary shelters by right on sites with an approved assembly use, and streamlining approval of City- sponsored shelters on private property that may otherwise require zoning approvals. •Help with the development of interim housing, tiny homes, and partnerships with landlords to rent apartments, access land for temporary or permanent housing structures, dispense funds, approve master leases and speed up permitting processes. Certain purchases would not have to go out to bid and would not require City Council approval. 2021-2025 Strategic Targets and Goals Declaring a Homelessness State of Emergency will allow staff to identify opportunities to streamline zoning regulations and explore an administrative approval of Conditional Use Permits for Emergency Shelters and interim housing thereby allowing unhoused individuals to exit off the streets into a clean and safe environment where they can stabilize and get connected to resources and housing. This effort aligns with Key Strategic Goal No. 3, Improved Quality of Life Fiscal Impact There is no fiscal impact to declaring a state of emergency. Declaring a State of Emergency will allow the City to set policies and prepare Municipal Code changes for City Council consideration to accelerate the development and operation of Emergency Shelters and interim housing. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2024-201, reaffirming the declaration of a Homelessness State of Emergency; and 2. Direct the City Manager or designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness, including the waiver of purchasing or bidding for physical shelter space.        Packet Page. 614 2 3 0 9 Attachments Attachment 1 - Resolution No. 2023-028 Declaring a Homelessness State of Emergency Attachment 2 - Resolution No. 2024-201 Reaffirming a Homelessness State of Emergency Ward: All Wards Synopsis of Previous Council Actions: August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds. December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan December 7, 2022 Mayor and City Council authorized the use of over $20,000,000 in ARPA funds for the development of a Navigation Center, State of California Homekey Round 3 Projects, Homeless/Street Outreach and a Mobile Shower Expansion. December 7, 2022 Mayor and City Council approved $4.5 million to cover operational expenses associated with the Navigation Center of a three year span. December 7, 2022 Mayor and City Council approved On December 7, 2022, Council approved $613,678 in the first quarter of Fiscal Year 2023 to increase the number of Public Works employees to assist with homeless encampment cleanups. February 1, 2023 Mayor and City Council approved Resolution No. 2023-028 declaring a Homelessness State of Emergency.        Packet Page. 615        Packet Page. 616        Packet Page. 617        Packet Page. 618        Packet Page. 619        Packet Page. 620        Packet Page. 621 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 1 of 6 5 4 5 3 RESOLUTION NO. 2024-201 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY CONDITIONS AND THREATENED CONDITIONS OF HOMELESSNESS WITHIN THE CITY OF SAN BERNARDINO, WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT AND PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY IN THE CITY WHEREAS, San Bernardino Municipal Code Section 2.46.050(A) designates the City Manager as the Director of Emergency Services (“Director”); and WHEREAS, San Bernardino Municipal Code Section 2.46.090(A)(1) empowers the Director to request the Mayor and City Council to proclaim the existence or threatened existence of a “local emergency”; and WHEREAS, San Bernardino Municipal Code Section 2.46.020 defines an “emergency” as an “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [the] jurisdiction…which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, the California legislature has acknowledged the importance of combating homelessness and the crisis of housing supply which is supported by California Labor Code Section 1720(c)(4) where prevailing wage rates do not apply to the construction of rehabilitation of affordable housing units for low or moderate income persons; and WHEREAS, in efforts to combat the housing crisis, the California Legislature has recognized that local governments play a key role in the development of affordable housing, evidenced by California Government Code Section 65584, which mandates California cities, towns and counties to undertake all necessary actions to promote and facilitate the development of housing for its residents, for all income levels; and WHEREAS, in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City of San Bernardino (“City”) has designated significant resources to address homelessness in the City, but the threat to life and property remains at stake beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat this crisis; and WHEREAS, according to City’s 2024 Point in Time Count, the City has 1,417 homeless individuals, of which 977 are unsheltered; and        Packet Page. 622 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 2 of 6 5 4 5 3 WHEREAS, people experiencing homelessness suffer disproportionately from mental and physical health ailments and require assistance from the City of San Bernardino, San Bernardino County Behavior Health Department, and other local, state, and federal health agencies and non- profit organizations to provide the necessary public services; and WHEREAS, the homelessness crisis confronting the City has grown both incrementally and exponentially, leading to death, illness, and deplorable living conditions; and WHEREAS, the State of California’s COVID-19 State of Emergency, which has provided resources to keep many San Bernardino residents from falling into homelessness, ended on February 28, 2023, thus requiring immediate action in order to create replacement and additional housing and shelter, and in order to support the necessary infrastructure and laws required to protect and provide that shelter and housing; and WHEREAS, the displacement of the number of people living on the streets of the City today is a daily recurring emergency, empowering the City Council to declare a state of emergency, no less than if the emergency was caused by an earthquake, fire, or flood; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of housing units, use mutual aid, and seek assistance and potential reimbursement by the State and Federal governments will be critical to successfully responding to this homelessness crisis; and WHEREAS, during the pendency of the existence of a local emergency, the City Council shall retain its full authority to consider a variety of City ordinances to codify the measures necessary to address this homelessness crisis; and WHEREAS, on October 27, 2022 the City Council conducted a Homeless Workshop; and WHEREAS, on December 7, 2022, the Mayor and City Council allocated $12,450,000 in ARPA funds for the construction of the Navigation Center and $4,500,000 in ARPA funds for the operation of the Navigation Center; and WHEREAS, on March 15, 2023, the Mayor and City Council approved an allocation of $4,299,671 of HOME-ARP funds to assist with the design and construction of the Navigation Center; and WHEREAS, on June 21, 2023, the Mayor and City Council adopted the FY 2023-24 Annual Action Plan, which included an allocation of $1,901,365 in CDBG funds for the Navigation Center; and WHEREAS, on July 19, 2023, the Mayor and City Council adopted Resolution No. 2023- 097, amending the City’s 2020-2023 Permanent Local Housing Allocation (PLHA) Program funding to provide $4,355,241 towards the operating and/or capital costs of the City’s Navigation Center; and        Packet Page. 623 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 3 of 6 5 4 5 3 WHEREAS, on October 4, 2023, the Mayor and City Council adopted Resolution No. 2023-144 for the Strategic Initiatives, approving an annual allocation of $2,000,000 for Homelessness Services Sustainability beginning FY 2026/27; and WHEREAS, on November 1, 2023, the Mayor and City Council accepted $808,358.87 in Homeless Housing, Assistance, and Prevention (HHAP) Round 3 grant funds from the County of San Bernardino for the Navigation Center; and WHEREAS, the City’s Navigation Center, called the San Bernardino Homeless Outreach, Prevention, and Education Campus (“HOPE Campus” or “Navigation Center”), serves as the cornerstone of the City’s long-term strategy towards addressing homelessness; and WHEREAS, the HOPE Campus will offer interim housing, recuperative care, and comprehensive onsite services that will connect the City’s unsheltered population to a wide range of programs, social services, and housing; and WHEREAS, notwithstanding that the City Council has been and is acting with urgency, including implementing of a Homeless Action Plan which provides a roadmap to house San Bernardino residents and building an unprecedented number of supportive housing units and shelter beds, an emergency declaration is necessary to mobilize resources, save lives, and provide for the public health, welfare, and safety of all; and WHEREAS, the City has responded to the rapid increase in its homeless population with unprecedented investments into homelessness solutions, including a commitment of over $20 million from its American Rescue Plan Act resources to fund the Homeless Action Plan; and WHEREAS, the magnitude of loss of life, the continued and disproportionate impact of the COVID-19 pandemic, and the persistent discriminatory impacts of a lack of housing warrant and necessitate that the City Council declare the existence of a local emergency; and WHEREAS, the benefits of this emergency declaration, coupled with past and future actions by the City Council to address the homelessness crisis, will help ensure that this local emergency will be of a temporary nature. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Pursuant to California Government Code Section 8630 and San Bernardino Municipal Code section 2.46.090(A)(1), the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in San Bernardino which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel equipment, and facilities of the City.        Packet Page. 624 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 4 of 6 5 4 5 3 SECTION 3. The City Manager is hereby authorized to furnish information, to enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared. Section 2.46.110 of the San Bernardino Municipal Code provides that any expenditures made in connection with the emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. City staff are hereby directed to provide the City Council with a report of actions taken under this Resolution at the next practicable opportunity, and no less than on a monthly basis. SECTION 4. The City shall coordinate its efforts to address this proclaimed emergency with the other local jurisdictions, the County of San Bernardino, the State of California, and the federal government. SECTION 5. The City of San Bernardino requests the Governor and State Legislature to declare a state of emergency to combat homelessness and direct resources to support the efforts of major cities in the State of California to address the problem. SECTION 6. This Proclamation of Emergency shall sunset on December 31, 2025, subject to being renewed. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes. Pursuant to California Government Code Section 8630, the Mayor and City Council shall, by minute action, review the need for continuing the local emergency at least once every 60 days until it terminates the local emergency. SECTION 7.Pursuant to Government Code section 3100, in protection of the health and safety and preservation of the lives and property of the people from emergencies which result in conditions of extreme peril to life, property and resources, all public employees are hereby declared disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. SECTION 8.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 10. Effective Date. This Resolution shall become effective immediately.        Packet Page. 625 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 5 of 6 5 4 5 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of September 2024. ____________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney        Packet Page. 626 Resolution No. 2024-201 Resolution No. 2024-201 September 4, 2024 Page 6 of 6 5 4 5 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-201, adopted at a regular meeting held at the 4th day of September 2024 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 September 2024. ______________________________ Genoveva Rocha, CMC, City Clerk        Packet Page. 627