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HomeMy WebLinkAbout02-05-2025 Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 05, 2025 3:30 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz 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 Kim Knaus COUNCIL MEMBER, WARD 5 Mario Flores 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 Mayor Pro Tem, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Dr. Treasure Ortiz Mayor Helen Tran Acting City Manager Rochelle Clayton City Attorney Sonia Carvalho City Clerk Genoveva Rocha 3:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION Pg. 13 A)CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.Cesar Marroquin v. City of San Bernardino, et al., United States District Court Case No. 5:23cv­1074­SSS­KK ii.Platinum Security Inc. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2424508 iii.Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22­cv­00277­JGB­SP. Ninth Circuit Court of Appeal Docket No. 24­244508 B)PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager C)CONFERENCE WITH LABOR NEGOTIATOR(Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA), Mid Management Unit (Teamsters Local 1932), Police Dispatch Unit (SBPDA), Police General Unit (AFSCME District Council 36), Police Management Unit (PMA), and Police Safety Unit (SBPOA) Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE PRESENTATIONS 1.Proclamation for Black History Month in the City of San Bernardino – February 2025 (All Wards) Pg. 14 APPOINTMENTS 2.Animal Control Commission reappointment of Alberta (Bertie) R. Vanettes Pg. 16 3.Arts and Historical Preservation Commission Appointment of Victor Suarez (Ward 7) Pg.25 4.Charter Review Committee Appointment of Victoria Sanchez (Ward 7) Pg. 35 5.Downtown Advisory Committee Appointment of Tia Lynn N. Johnson (Ward 7) Pg.44 6.Elected Official Compensation Advisory Commission appointment of Nefertera I. Evans (Ward 7) Pg.60 7.General Plan Advisory Committee (Voting Member) Appointment of Dolores H. Armstead (Ward 7) Pg.73 8.Measure S Citizens’ Oversight Committee Appointment of Francesca P. Villerreal (Ward 7) Pg. 85 9.Parks, Recreation and Community Services Commission Appointment of Ronald G. Donis (Ward 7) Pg. 110 10.Planning Commission Appointment of Dan R. Carlone (Ward 7) Pg.119 11.Public Safety and Human Relations Commission Appointment of Michael G. Hartley (Ward 7) Pg.129 Mayor and City Council of the City of San Bernardino Page 4 CONSENT CALENDAR 12. Ratification of Lease Agreement with Mobile Modular for Modular Buildings at the Animal Shelter (Ward 3) Pg.139 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, ratify the agreements with Mobile Modular for the lease and extension of use of two modular buildings at the current animal shelter site, with a monthly rental cost of $3,996.56 which is budgeted. 13. Accept Grant Funding in the Amount of $8,650 from UC Davis for Volunteer and Foster Care Supplies (All Wards) Pg.147 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­025: 1. Authorizing the Department of Animal Services to accept grant funding in the amount of $8,650 from UC Davis for animal sheltering programs; and 2. Ratifying the first amendment to the grant agreement with UC Davis; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $8,650 of the grant funding in both revenues and expenditures for animal shelter programs and services. 14. Award Professional Services Agreement with Miller Cespedes and Associates LLC, in an amount not to exceed $125,000 for State Legislative Advocacy Services (All Wards) Pg.159 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Miller Cespedes and Associates LLC for State Legislative Advocacy Services. 15. Memorandum of Understanding Regarding Land Designation of APN 0278­181­20 & a Portion of APN 0278­191­30, Also Known as Palm Field and the Antil Plant Site (Ward 1) Pg. 181 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Adopt Resolution No. 2025­026 of the Mayor and City Council of San Bernardino, California, approving the redesignation of real property owned by the San Bernardino Municipal Water Department, generally located on the north side of East 6th Street, west of Pedley Road, also known as APN 0278­181­20 and a portion of 0278­191­30 as defined in Exhibit A attached hereto; and 2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) Mayor and City Council of the City of San Bernardino Page 5 16. Purchasing Card Report for FY 2022/23 & FY 2023/24 (All Wards) Pg. 277 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the Purchasing Card Report for FY 2022/23 & FY 2023/24. 17. Amendment No. 1 to Q3 Consulting Professional Services Agreement in the amount of $48,548 to expand the scope and add an alternative along North Little League Drive, Belmont Avenue, and W. Meyers Road in the Focused Drainage Study of Meyers Creek Drainage System, for a total contract not­to­exceed $315,319 Pg. 383 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement with Q3 Consulting in the amount of $48,548.00, for a total contract not­to­exceed amount of $315,319.00 to prepare for Focused Drainage Study for Meyers Creek Drainage System; and 2. Authorize the Director of Finance and Management Services to adopt Resolution 2025­027 to amend the FY 2024/25 Capital Improvement Plan by re­allocating $48, 548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek System; and 3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment. 18. Approve Stop Sign Installation at Various Locations under an Existing Contract with Calstripe, Inc., at a Cost of Approximately $4,000 per location, which is Budgeted (Wards 1,3,4,7) Pg.439 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025­028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations: a. Hill Dr & Mountain Dr (Ward 4) b. Holly Vista Blvd & Garrilee Dr (Ward 7) c. Holly Vista Blvd and Conejo Dr (Ward7) d. Holly Vista Blvd & Garden Dr (Ward 7) e. Esperanza St & K St (Ward 3) f. Mountain View Ave & 33rd St (Ward 7) g. Mountain View Ave & 36th St (Ward 7) h. 40th St & Golden Ave (Ward 4) i. 46th St & Genevieve St (Ward 4) j. Rialto Ave and J St (Ward 1,3) k. Valencia Ave & Marshall Blvd (Ward 7) 19. Award of Construction Agreement for Improvements at Ruben Campos Community Center to Perfection Painting Corp in the amount of $327,100.00 (Ward 1) Pg. 532 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025­029: 1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project. Mayor and City Council of the City of San Bernardino Page 6 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00. 4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). 20. Award Professional Services Agreement for Safe Streets and Roads for All (SS4A) for Baseline Street Study Analysis to KOA Corporation, for the total project budget amount of $301,000 (Wards 1,2,6,7) Pg. 738 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee, to execute a design services contract with KOA Corporation for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis, Strategy Design, and Local Roadway Safety Plan. The contract includes $105,700 for community engagement and $174,800 for all other tasks, totaling $280,500. 2. Authorize the Director of Finance & Management Services to allocate a contingency amount of $20,500, ensuring the total project budget for the Safe Streets and Roads for All (SS4A) Baseline Street Study remains within the grant award amount of $301,000. 3. Authorize the Director of Finance & Management Services to approve the use of the Safe Streets and Roads for All (SS4A) Baseline Street Study grant award and match funding, ensuring all expenditures, including the contingency, remain within the total project budget of $301,000. 21. Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2024 (All Wards) Pg. 817 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2024. Mayor and City Council of the City of San Bernardino Page 7 DISCUSSION 22. Authorization to Initiate Reorganization Proceedings with the City of Highland for a .56­acre Parcel Located at the Southeast Corner of Victoria Avenue and 5th Street (APN: 1192­551­01) (Ward 1) Pg. 961 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to initiate reorganization proceedings with the City of Highland regarding APN: 1192­551­01, consisting of a .56­acre parcel, located at the southeast corner of Victoria Avenue and 5th Street, within the sphere of influence and boundary of the City of San Bernardino. 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 February 19, 2025, 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 February 5, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, January 31, 2025. 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 comments will 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 the following 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 was intentionally left blank CLOSED SESSION City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Closed Session Recommendation: A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Cesar Marroquin v. City of San Bernardino, et al., United States District Court Case No. 5:23cv-1074-SSS-KK ii) Platinum Security Inc. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2424508 iii) Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22-cv-00277-JGB-SP. Ninth Circuit Court of Appeal Docket No. 24-2445 B) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Attorney, City Clerk, City Manager C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA), Mid Management Unit (Teamsters Local 1932), Police Dispatch Unit (SBPDA), Police General Unit (AFSCME District Council 36), Police Management Unit (PMA), and Police Safety Unit (SBPOA) Click or tap here to enter text.Click or tap here to enter text.Click or tap here to enter text.Click or tap here to enter text.Click or tap here to enter text. Click or tap here to enter text.Click or tap here to enter text.Click or tap here to enter text. Packet Page. 13 PRESENTATIONS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for Black History Month in the City of San Bernardino – February 2025 (All Wards) Packet Page. 14 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL PROCLAIMING FEBRUARY 2025, AS BLACK HISTORY MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, Black History Month, observed every February, is a time to reflect upon and honor the innumerable contributions and enduring legacy of African Americans who have shaped our nation's history, enriched our culture, and strengthened our society; and WHEREAS, this year's theme, "Celebrating Resilience, Unity, and Progress," highlights the perseverance, innovation, and achievements of Black Americans in the face of historical challenges, while continuing to inspire future generations; and WHEREAS, The Black Culture Foundation has been a steadfast advocate and partner in promoting cultural awareness, social equity, and community empowerment in San Bernardino for over four decades; and WHEREAS, through initiatives such as the Black Rose Awards, the Black History Parade, scholarships, and other impactful programs, The Black Culture Foundation has uplifted countless lives, fostered unity, and provided a platform for recognizing excellence within the Black community; and WHEREAS, the City of San Bernardino acknowledges and deeply values the Foundation’s unwavering commitment to celebrating Black heritage, preserving history, and promoting inclusivity for the betterment of our entire community; and WHEREAS, the City of San Bernardino is committed to fostering unity, respect, and appreciation for the diverse contributions of all members of our community, including recognizing the pivotal role of African Americans in shaping our city’s culture and identity. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do hereby proclaim February 2025, as Black History Month in the City of San Bernardino and extend our heartfelt gratitude to The Black Culture Foundation for its dedication and outstanding contributions to our city. We encourage all residents of San Bernardino to participate in Black History Month celebrations and to join in honoring the achievements and rich heritage of African Americans. Presented on the 5th day of February 2025 Packet Page. 15 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Animal Control Commission reappointment of Alberta (Bertie) R. Vanettes Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Alberta (Bertie) R. Vanettes to the Animal Control Commission representing Ward 7 with the term ending December 2028. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Alberta (Bertie) R. Vanettes to the Animal Control Commission representing Ward 7 with the term ending December 2028. Background On February 21, 2018, Resolution No. 2018-45 establishing the Animal Control Commission was adopted. Packet Page. 16 Discussion The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the city. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this commission based on demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Alberta (Bertie) R. Vanettes to the Animal Control Commission representing Ward 7 with the term ending December 2028. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Alberta (Bertie) R. Vanettes (REDACTED) Attachment 2 – Resolution No. 2018-45 Establishing Animal Control Commission Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-45 Establishing Animal Control Commission was adopted. Packet Page. 17 Packet Page. 18 Packet Page. 19 Packet Page. 20 Packet Page. 21 Packet Page. 22 Packet Page. 23 Packet Page. 24 2 5 3 9 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Arts and Historical Preservation Commission Appointment of Victor Suarez (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victor Suarez to the Arts and Historical Preservation Commission representing Ward 7 with the term ending December 2028. Victor Suarez will replace Robert Porter. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victor Suarez to the Arts and Historical Preservation Commission representing Ward 7 with the term ending December 2028. Background The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the city. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi- media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission. Packet Page. 25 2 5 3 9 Discussion The Arts and Historical Preservation Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victor Suarez to the Arts and Historical Preservation Commission representing Ward 7 with the term ending December 2028. Victor Suarez will replace Robert Porter. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Victor Suarez (REDACTED) Attachment 2 – Resolution No. 2018-97 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: April 4, 2018 Resolution No. 2018-97 establishing the Arts and Historical Preservation Commission was adopted. Packet Page. 26 Packet Page. 27 Packet Page. 28 Packet Page. 29 Packet Page. 30 Packet Page. 31 Packet Page. 32 Packet Page. 33 Packet Page. 34 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Charter Review Committee Appointment of Victoria Sanchez (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victoria Sanchez to the Charter Review Committee representing Ward 7 with the term ending December 2028. Victoria Sanchez will replace Phil Savage. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victoria Sanchez to the Charter Review Committee representing Ward 7 with the term ending December 2028. Background The Charter Review Committee was established by Resolution No. 2017-243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Packet Page. 35 Discussion The Charter Review Committee is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. In accordance with the City Charter and the City’s Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live or conduct business. 2021-2025 Strategic Targets and Goals The proposed committee appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Victoria Sanchez to the Charter Review Committee representing Ward 7 with the term ending December 2028. Victoria Sanchez will replace Phil Savage. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Committee Application Victoria Sanchez (REDACTED) Attachment 2 – Resolution No. 2017-243 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: December 20, 2017 Resolution No. 2017-243 establishing the Charter Review Committee was adopted. Packet Page. 36 Packet Page. 37 Packet Page. 38 Packet Page. 39 Packet Page. 40 Packet Page. 41 Packet Page. 42 Packet Page. 43 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Downtown Advisory Committee Appointment of Tia Lynn N. Johnson (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Tia Lynn N. Johnson to the Downtown Advisory Committee representing Ward 7 with the term ending December 2028. Tia Lynn N. Johnson will replace Lelita (Leta) F. Frank. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Tia Lynn N. Johnson to the Downtown Advisory Committee representing Ward 7 with the term ending December 2028. Background On April 7, 2021, Ordinance MC-1552 was adopted allowing non-city residents who have other ties to the city to be appointed to a Downtown Advisory Committee. Each member of such board, commission, or citizen advisory committee, after having been nominated, shall be appointed by at least five (5) affirmative votes of the Mayor and City Council. Each member shall be and remain a registered vote within the city and no member shall be an employee of the city. Notwithstanding the foregoing, the Mayor and City Council may establish the Downtown Advisory Committee by resolution and may permit the appointment of non-city resident business professionals (i.e., local businesses) to the committee so long as the non-city residents each have an active business license with the city and collectively make up less than twenty-five percent (25%) of that committee. Members shall service, without compensation, at the pleasure of the Mayor and City Council. Any member no longer holding the qualifications required for appointment shall cease to serve as a member, and such a member’s position shall be deemed vacant. Any vacancies set forth as for an original Packet Page. 44 appointment. Discussion The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and Council to advise city staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act. The DAC is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Resolution 2021-88, the Mayor shall appoint two (2) members and each City Council Member shall nominate one (1) member. In accordance with the City Charter and the city’s Municipal Code, appointees must be either a resident of the City of San Bernadino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live or conduct business. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Tia Lynn N. Johnson to the Downtown Advisory Committee representing Ward 7 with the term ending December 2028. Tia Lynn N. Johnson will replace Lelita (Leta) F. Frank. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Committee Application Tia Lynn N. Johnson (REDACTED) Attachment 2 – Resolution No. 2021-88 Attachment 3 – Ordinance No. MC-1552 Ward: Seventh Ward; All Wards Packet Page. 45 Synopsis of Previous Council Actions: February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted. April 7, 2021 Ordinance No. MC-1552 was adopted allowing non-city residents who have other ties to the city to be appointed to a Downtown Advisory Committee. Packet Page. 46 Packet Page. 47 Packet Page. 48 Packet Page. 49 Packet Page. 50 Packet Page. 51 Packet Page. 52 Packet Page. 53 Packet Page. 54 Packet Page. 55 Packet Page. 56 Packet Page. 57 Packet Page. 58 Packet Page. 59 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Elected Official Compensation Advisory Commission appointment of Nefertera I. Evans (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Nefertera I. Evans to the Elected Official Compensation Advisory Commission representing Ward 7 with the term ending December 2028. Nefertera I. Evans will replace Diallo R. Changamire Johnson. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Nefertera I. Evans to the Elected Official Compensation Advisory Commission representing Ward 7 with the term ending December 2028. Background Section 305 of the City Charter provides that compensation for the Mayor and Council Members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for city-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance to increasing such salaries shall be effective until the date of commencement of the terms of council members elected at the next regular election. Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code Chapter 2.19 which establishes the Elected Official Compensation Advisory Commission and provides that the commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and Packet Page. 60 for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. Discussion The Elected Official Compensation Advisory Commission(DAC) is charged with evaluating and making compensation recommendations to the Mayor and City Council for the city’s elected officials. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council Member or Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Nefertera I. Evans to the Elected Official Compensation Advisory Commission representing Ward 7 with the term ending December 2028. Nefertera I. Evans will replace Diallo R. Changamire Johnson. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Nefertera I. Evans (REDACTED) Attachment 2 – Ordinance No. MC-1463 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: February 21, 2018 Ordinance No. MC-1463 amended Title 2 of the San Bernardino Municipal Code 2.19, establishing the Elected Official Compensation Advisory Commission. Packet Page. 61 Packet Page. 62 Packet Page. 63 Packet Page. 64 Packet Page. 65 Packet Page. 66 Packet Page. 67 Packet Page. 68 Packet Page. 69 Packet Page. 70 Packet Page. 71 Packet Page. 72 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:General Plan Advisory Committee (Voting Member) Appointment of Dolores H. Armstead (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dolores H. Armstead as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2028. Dolores H. Armstead will replace Joel S. Rothschild. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dolores H. Armstead as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2028. Background The General Plan Advisory Committee was established by Resolution No. 2021-02 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution 2021-154. The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the city’s comprehensive General Plan. The General Plan Advisory Committee (GPAC) serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. Packet Page. 73 The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council Member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at-large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and Council to advise city staff participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. The purpose of the GPAC is to actively participate, engage community members and provide recommendations to city staff and the consulting team regarding specific focus areas that relate to the elements under consideration for inclusion in the General Plan. This participation assists city staff and the consulting team in the development of the city’s future long-term goals and policies that carry out the community’s vision for the future. The GPAC will also assist in evaluating amendments to the Development Code that are intended to carry out these long-term goals and policies. GPAC Members are requested to provide feedback and guidance throughout the General Plan Update. Participation by the members of the GPAC is temporary and will terminate when a new General Plan is adopted by the City Council. It is anticipated that the process will take from 24 to 36 months to complete. Meetings of the GPAC will be open and public in accordance with the Brown Act. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dolores H. Armstead as a voting member to the General Plan Advisory Committee (GPAC) representing the Ward 7 with the term ending December 2028. Dolores H. Armstead will replace Joel S. Rothschild. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Committee Application Dolores H. Armstead (REDACTED) Attachment 2 – Resolution No. 2021-154 Packet Page. 74 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. June 16, 2021 Resolution No. 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members for the General Plan Advisory Committee and identifying voting and alternate appointees. Packet Page. 75 Packet Page. 76 Packet Page. 77 Packet Page. 78 Packet Page. 79 Packet Page. 80 Packet Page. 81 Packet Page. 82 Packet Page. 83 Packet Page. 84 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Measure S Citizens’ Oversight Committee Appointment of Francesca P. Villerreal (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Francesca P. Villerreal to the Measure S Citizens’ Oversight Committee representing Ward 7 with the term ending December 2028. Francesca P. Villerreal will replace Joel S. Rothschild. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Francesca P. Villerreal to the Measure S Citizens’ Oversight Committee representing Ward 7 with the term ending December 2028. Background The Measure S Citizens’ Oversight Committee was established by Resolution No. 2020-248 on October 7, 2020, replacing the Measure Z Citizens’ Oversight Committee. Discussion The Measure S Citizens’ Oversight Committee is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters on November 3, 2020, and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and City Council’s adopted strategic goals and priorities. The Measure S Oversight Committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm. The Measure S Citizens’ Oversight Committee is comprised of nine (9) members who Packet Page. 85 serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Francesca P. Villerreal to the Measure S Citizens’ Oversight Committee representing Ward 7 with the term ending December 2028. Francesca P. Villerreal will replace Joel S. Rothschild. Council Staff has verified that appointee is a registered voter within the city. Attachments August 21, 2006 Ordinance No. MC-1229 was adopted, effective November 8, 2006, upon approval by voters on the November 7, 2006 election to impose a retail transactions, and use tax. October 7, 2020 The Measure S Citizens’ Oversight Committee was established by Resolution No. 2020-248, replacing Measure Z Citizens’ Oversight Committee. Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: August 21, 2006 Ordinance No. MC-1229 was adopted, effective November 8, 2006, upon approval by voters on the November 7, 2006 election to impose a retail transactions, and use tax. October 7, 2020 The Measure S Citizens’ Oversight Committee was established by Resolution No. 2020-248, replacing Measure Z Citizens’ Oversight Committee. Packet Page. 86 Packet Page. 87 Packet Page. 88 Packet Page. 89 Packet Page. 90 Packet Page. 91 Packet Page. 92 Packet Page. 93 Packet Page. 94 Packet Page. 95 Packet Page. 96 Packet Page. 97 Packet Page. 98 Packet Page. 99 Packet Page. 100 Packet Page. 101 Packet Page. 102 Packet Page. 103 Packet Page. 104 Packet Page. 105 Packet Page. 106 Packet Page. 107 Packet Page. 108 Packet Page. 109 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Parks, Recreation and Community Services Commission Appointment of Ronald G. Donis (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ronald G. Donis to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2028. Ronald G. Donis will replace Lata M. Wilson. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ronald G. Donis to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2028. Background The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to parks, recreation, youth and senior affairs in the city. Appointees to the Parks, Recreation and Community Services Commission must have relative experience or knowledge in the area of parks, recreation, youth and senior services or other areas which relate to the mission and purpose of the Parks, Recreation and Community Services Commission. Packet Page. 110 Discussion The Parks, Recreation and Community Services Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. Their mission is to address community needs for the purpose of establishing city priorities, goals and objectives evaluating community agencies and organizations receiving city funds relating to parks, recreation, youth and senior services. Each member must be a registered voter within the city and no member can be an employee of the city. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ronald G. Donis to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2028. Ronald G. Donis will replace Lata M. Wilson. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Ronald G. Donis (REDACTED) Attachment 2 – Resolution No. 2018-47 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-47 establishing the Parks, Recreation and Community Services Commission was adopted. Packet Page. 111 Packet Page. 112 Packet Page. 113 Packet Page. 114 Packet Page. 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-47 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION WHEREAS, the City Council previously established the Parks and Recreation Commission and the Senior Affairs Commission as two separate bodies by ordinance; and WHEREAS, the City Council in implementing the new charter provisions has evaluated the community's need for various committees and commissions and desires to eliminate some bodies and consolidate others to increase efficiency and preserve scarce resources; and WHEREAS, the City Council has adopted an ordinance repealing the ordinances establishing the Parks and Recreation Commission and the Senior Affairs Commission; and WHEREAS, the functions previously carried out by the Parks and Recreation Commission and the Senior Affairs Commission will be reassigned to a consolidated commission which the Council desires to form by enactment of this resolution. NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Parks, Recreation and Community Services Commission is hereby created to serve in an advisory capacity to the Mayor and City Council in all matters pertaining to parks, recreation, youth and senior affairs in the City. The Commission shall advise the Mayor, City Council and the City Manager and make recommendations with respect thereto. SECTION 2. The Parks, Recreation and Community Services Commission shall advise the Mayor, City Council and the City Manager on: 1. Community needs for the purpose of providing a basis for establishing city priorities, goals and objectives with respect to parks, recreation and community services, youth services, and senior services; 2. Programs and plans designed to meet stated goals and objectives in, but not limited to, the following areas of concern: parks, recreation, community services, youth services, and senior services; 1 Packet Page. 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Serve as an advocate for parks, recreation, community services, youth services, and senior services within the City; 4. Evaluate community agencies and organizations receiving City funds for the purpose of providing recreation services, youth and senior services; 5. Recommending positions on matters pertaining to federal, state and local policies, programs and procedures, and any legislation affecting parks, recreation and community services, youth services, and senior services; 6. Preparing such reports as may be requested by the City Council on parks, recreation and community services, youth services, senior services, or related topics. SECTION 3. The existing members of the Parks and Recreation Commission previously established by ordinance shall continue to serve as commissioners until they are replaced. Members of the Commission shall be appointed and serve pursuant to the provisions of Chapter 2.17. Members shall be appointed on the basis of demonstrated knowledge and experience in the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Commission. SECTION 4. Each member of the Commission shall serve without compensation. Immediately after appointment and qualification of any new Commission members, the Commission shall organize by electing from among its membership a chair and vice chair. Regular meetings shall be held at least once a month. Five members shall constitute a quorum, but a lesser number of members may adjourn from time to time. SECTION 5. This Resolution shall take effect upon the effective date of the ordinance repealing Municipal Code Chapters 2.18 Parks, Recreation and Community Services Department; 2.30 Fine Arts Commission; and 2.49 Senior Affairs Commission. 2 Packet Page. 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ESTABLISHING THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 21St day of February 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ CS BARRIOS k VALDIVIA X SHORETT NICKEL y(m) RICHARD MULVIHILL Georgeann Llama, CMC,(Cr y Clerk The foregoing Resolution is hereby approved this 21' day of February 2018. 1 1 R. Carey Davis Mayor City of San B rnardino Approved as to form: Gary D. Saenz, City Attorney By: K Packet Page. 118 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Planning Commission Appointment of Dan R. Carlone (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dan R. Carlone to the Planning Commission representing Ward 7 with the term ending December 2028. Dan R. Carlone will replace George J. Karaiscos. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dan R. Carlone to the Planning Commission representing Ward 7 with the term ending December 2028. Background The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and city staff on the physical development of the city, including zoning, building, land use and related matters. Discussion The Planning Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. Packet Page. 119 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Dan R. Carlone to the Planning Commission representing Ward 7 with the term ending December 2028. Dan R. Carlone will replace George J. Karaiscos. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Dan R. Carlone (REDACTED) Attachment 2 – Ordinance No. MC-1473 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code related to the Planning Commission was established. 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 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Dr. Treasure Ortiz, Council Member, 7th Ward Department:Council Office Subject:Public Safety and Human Relations Commission Appointment of Michael G. Hartley (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Michael G. Hartley to the Public Safety and Human Relations Commission representing Ward 7 with the term ending December 2028. Michael G. Hartley will replace Deana Cervantes. Council Staff has verified that appointee is a registered voter within the city. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Michael G. Hartley to the Public Safety and Human Relations Commission representing Ward 7 with the term ending December 2028. Background The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the city’s law enforcement and fire services, emergency preparedness and response, traffic and pedestrian safety (including traffic law enforcement and traffic engineering), code enforcement, life safety, crime incidents/trends, school related issues, public perceptions of law enforcement and community relations. Packet Page. 129 Discussion The Public Safety and Human Relations Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. The Public Safety and Human Relations Commission shall be appointed on the basis of demonstrated experience in the area of public safety, law enforcement, disaster preparedness, human relations, community relations or other areas which relate to the mission and purpose of the commission. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the city. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Michael G. Hartley to the Public Safety and Human Relations Commission representing Ward 7 with the term ending December 2028. Michael G. Hartley will replace Deana Cervantes. Council Staff has verified that appointee is a registered voter within the city. Attachments Attachment 1 – Commission Application Michael G. Hartley (REDACTED) Attachment 2 – Resolution No. 2018-46 Ward: Seventh Ward; All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted. 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 2 4 3 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kris Watson, Director of Animal Services Department:Animal Services Subject:Ratification of Lease Agreement with Mobile Modular for Modular Buildings at the Animal Shelter (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, ratify the agreements with Mobile Modular for the lease and extension of use of two modular buildings at the current animal shelter site, with a monthly rental cost of $3,996.56 which is budgeted. Executive Summary The Department of Animal Services seeks approval to ratify agreements with Mobile Modular for two modular buildings at the animal shelter, which serve as a staff breakroom and customer service area. The breakroom modular will remain in use until March 2025, while the customer service modular will stay on-site long-term. Annual costs total $47,958.72, covered by the department’s existing budget allocation and is entirely separate from the funding allocated for the regional partnership agreements. Ratification is necessary to ensure uninterrupted operations and address the lapse in the previous agreements. Background On April 7, 2021, the Mayor and City Council authorized the Director of Finance to amend the FY 2020/21 budget, transferring $31,160 from the Animal Services Fund to the Public Works Facilities and Maintenance Operations budget to address the operational needs of the City’s animal shelter, including emergency removal and replacement of modular buildings at the facility. During the same meeting, Resolution No. 2021-87 was adopted, accepting a grant award from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services. Of the total grant award of $1,500,000, $80,000 was allocated to support the shelter entrance remodel. Packet Page. 139 2 4 3 0 To address immediate needs of the remodel, two modular buildings were installed at the animal shelter. One modular serves as the staff breakroom, while the other functions as the customer service area and main entrance. These modulars were originally procured through agreements with Commercial Mobile Systems. Ownership of the modular units transitioned from Commercial Mobile Systems to Vesta, and then to Mobile Modular. However, the original agreements and purchase orders were allowed to lapse, leaving the City without a formal agreement with Mobile Modular. In order to avoid Mobile Modular’s immediate repossession of the modular units, the Department processed new agreements with Mobile Modular in November 2024. Ratification of these new agreements with Mobile Modular by the City Council is necessary to maintain operations at the shelter. Earlier this year, the Department of Animal Services received notice that Riverside County Animal Services would discontinue shelter services for the cities of Colton, Fontana, and Rialto, effective June 30, 2024. The City of San Bernardino entered into a new regional partnership agreement to provide shelter services for these cities, alongside Grand Terrace and Loma Linda. To support the increased staffing and programmatic needs associated with this partnership, the Mayor and City Council adopted Resolution No. 2024-096 on May 15, 2024 and Resolution No. 2024-067 on April 17, 2024. As part of the regional partnership site renovations, the Mayor and City Council approved Resolution 2024-151 on August 7, 2024, approving the purchase of a larger 60'x60' modular building to serve as the primary customer support center and office space for expanded programs and staff. This single-source purchase was funded within the $4,000,000 allocated by the Mayor and City Council for site improvements in Resolution 2024-067. One of the existing modular buildings from Mobile Modular will remain on-site for continued use, while the other will be removed to make space for the new kennel buildings. Discussion The Department of Animal Services currently utilizes two modular buildings at the animal shelter site: one serving as a staff breakroom and the other as the customer service area and main entrance. These modulars were originally leased through agreements with Commercial Mobile Systems, later transitioning to Vesta, and now owned by Mobile Modular. Due to an oversight by the Department, the agreements for these buildings were allowed to lapse and were not renewed in a timely manner. This oversight left the City without an active agreement to cover the continued use of these essential facilities. The lease agreement with Mobile Modular outlines the monthly rental cost of $3,996.56, which includes $1,087.50 for the staff breakroom modular unit, and $2,909.06 for the customer service modular unit. The modular serving as the breakroom will remain on-site until the new staff building is delivered and operational by March 2025, after which it will be removed. The modular serving as the customer Packet Page. 140 2 4 3 0 service area and main entrance will remain on-site long-term as the administration offices and conference room. The ratification of the agreements is necessary to formalize the continued use of these modular buildings and ensure uninterrupted operations at the animal shelter. Until the second modular is removed, the City will be responsible for the monthly rental costs. The oversight in allowing the agreements to lapse is acknowledged, and ratifying the agreement with Mobile Modular is a necessary step to correct this error and maintain compliance with contractual obligations. Approving this action will allow the City to continue using these buildings while the transition to the new staff building is completed and ensure no disruption to shelter services. The ratification of the agreements with Mobile Modular for the continued use of the two modular buildings at the animal shelter will result in an annual cost of $13,050 for the breakroom modular and $34,908.72 for the customer service modular, for a combined total of $47,958.72 per year, which includes monthly rental fees, taxes, and personal property expenses. The modular serving as the customer service area and main entrance will remain on- site long-term, while the modular serving as the breakroom will be removed in March 2025 after the new staff building becomes operational. For the five-year projection, the estimated total cost for the customer service modular will be $174,543.36. The modular currently functioning as the breakroom will incur $13,050.00 in costs for the current fiscal year, as it will be removed at the end of the year. The total five-year cost, including one year of the breakroom modular and five years of the customer service modular, is $187,593.36. The cost for the current fiscal year has been allocated as part of the Department of Animal Services’ budget, with $50,000.00 budgeted annually for both modulars. There will be no additional impact on the General Fund for this item as the cost of $47,958.72 for the lease of both buildings is covered within the existing departmental budget allocation. 2021-2025 Strategic Targets and Goals The approval of this ratification aligns with Key Strategic Target and Goal #3: Improved Quality of Life by ensuring consistent and stable animal services for our residents and neighboring cities. Additionally, maintaining functional and well- equipped facilities supports Key Strategic Goal #4: Economic Growth and Development by enhancing the City’s Animal Services operations and infrastructure. Fiscal Impact There is a $58,958.72 impact on the General Fund, however, the costs associated with the ratification of these agreements are fully covered by the existing budget allocation for Animal Services. The total annual cost for both modular buildings is $47,958.72, which includes rental fees, taxes, and personal property expenses. Packet Page. 141 2 4 3 0 covering the continued use of the customer service modular and the break room modular until its removal in March 2025. These costs are fully funded within the existing departmental budget and are separate from the funding allocated for the Regional Partnership Agreement. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino California, ratify the agreements with Mobile Modular for the lease and extension of use of two modular buildings at the current animal shelter site, with a monthly rental cost of $3,996.56 which is budgeted. Attachments Attachment 1 – Current Mobile Modular Agreements Attachment 2 – Previous Agreements Ward: Third Ward Synopsis of Previous Council Actions: April 7, 2021 - Approved Resolution No. 2021-87, accepting grant funding from the San Manuel Band of Mission Indians, including $80,000.00 to be used on the remodel of the shelter entrance. December 6, 2023 - Approved the City Manager to finalize and execute participation agreements with the cities of Colton, Fontana, and Rialto to establish a Regional Shelter Partnership. Packet Page. 142 Contract Addendum Date:11/19/2024 Customer :Attn: Billing Address:Phone : City/State/Zip:Fax: E-mail: Project Name : Site Address : City/State/Zip: This will serve as an addendum to the contract agreement entered into between San Bernardino Animal Control (Lessee) and MOBILE MODULAR MANAGEMENT CORPORATION (Lessor). To extend the lease of these existing relocatables under the lease rates and return fees listed below. ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. Please sign and return an acknowledgement copy to our office as soon as possible. Thank you. Renewal Information Building ID Addendum Start Date Addendum Stop Date Term Monthly Rent Rate276597/11/2024 7/5/2025 12 $ 2,675.00 27659 7/11/2024 7/5/2025 12 $ 234.06 Any edits to this contract addendum will void entire addendum.. Rental rates do not include any applicable taxes or Personal Property Expense (PPE). . Return delivery and preparing equipment for return will be quoted at time of return. . The contract agreement defines a month as 30 day calendar days, bill frequency for this contract is monthly. Additional Contract Addendum Notes: Mobile Modular Management Corporation San Bernardino Animal Control Printed Name Printed Name Title Title Signature Signature Tax 720300239 Office, 24x60 HCD 333 Chandler Place Item Description 720300239 Contract No. Stacy Hogue909-384-5140 hogue_st@sbcity.org San Bernardino, Ca 92408 Mobile Modular Management Corporation11450 Mission Blvd Mira Loma CA 91752 Ph (951) 360-5100 Fax (951) 360-6622 www.MobileModularRents.com San Bernardino Animal Control San Bernardino, Ca 92408333 Chandler Place Kristine Watson Director of Animal Services Ryan Swindell Regional Sales Manager Packet Page. 143 Contract Addendum Date:11/19/2024 Customer :Attn: Billing Address:Phone : City/State/Zip:Fax: E-mail: Project Name : Site Address : City/State/Zip: This will serve as an addendum to the contract agreement entered into between San Bernardino Animal Control (Lessee) and MOBILE MODULAR MANAGEMENT CORPORATION (Lessor). To extend the lease of these existing relocatables under the lease rates and return fees listed below. ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. Please sign and return an acknowledgement copy to our office as soon as possible. Thank you. Renewal Information Building ID Addendum Start Date Addendum Stop Date Term Monthly Rent Rate276606/27/2024 6/21/2025 12 $ 1,000.00 27660 6/27/2024 6/21/2025 12 $ 87.50 Any edits to this contract addendum will void entire addendum.. Rental rates do not include any applicable taxes or Personal Property Expense (PPE). . Return delivery and preparing equipment for return will be quoted at time of return. . The contract agreement defines a month as 30 day calendar days, bill frequency for this contract is monthly. Additional Contract Addendum Notes: Mobile Modular Management Corporation San Bernardino Animal Control Printed Name Printed Name Title Title Signature Signature Mobile Modular Management Corporation11450 Mission Blvd Mira Loma CA 91752 Ph (951) 360-5100 Fax (951) 360-6622 www.MobileModularRents.com San Bernardino Animal Control San Bernardino, Ca 92408333 Chandler Place Contract No. Stacy Hogue909-384-5140 hogue_st@sbcity.org San Bernardino, Ca 92408333 Chandler Place Item Description 720300240 Tax 720300240 Office, 12x60 HCD Kristine Watson Director of Animal Services Ryan Swindell Regional Sales Manager Packet Page. 144 Packet Page. 145 Packet Page. 146 2 4 2 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kris Watson, Director of Animal Services Department:Animal Services Subject:Accept Grant Funding in the Amount of $8,650 from UC Davis for Volunteer and Foster Care Supplies (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-025: 1. Authorizing the Department of Animal Services to accept grant funding in the amount of $8,650 from UC Davis for animal sheltering programs; and 2. Ratifying the first amendment to the grant agreement with UC Davis; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $8,650 of the grant funding in both revenues and expenditures for animal shelter programs and services. Executive Summary On July 15th, 2024, UC Davis authorized grant funding to the Department of Animal Services in the amount of $8,650 to fund volunteer and foster supplies. This funding will support volunteer efforts and outreach to the community and allow the department to purchase supplies for the foster care program. Background On August 17, 2022, the Mayor and City Council accepted $200,000 worth of grant funding from UC Davis for animal shelter programs and approved a Shelter Services Agreement with UC Davis. The purpose of these grants was to increase the number of pets returned to owners by providing microchips and supplies to help unify pets with their owners and also offer supplies, such as fencing repairs, to help keep pets with their owners. This program will impact at least 625 dogs. UC Davis has continued to assist the shelter in providing grant funding to promote adoptions, volunteer and foster programming as well as increase return to owners and assist pet owners with vouchers Packet Page. 147 2 4 2 3 to fund veterinary care for their pets. The current grant funding in the amount of $8,650 will be used for volunteer and foster care supplies. The volunteer supplies will be allotted $4,650 and will include items such as storage containers, storage shelving, volunteer lockers, aprons, photo backdrops, volunteer appreciation items, folding tables and chairs for events. The foster program will be allotted $4,000 and will include items such as kitten and puppy formula, zip lock bags, small blankets, puppy pads, heating discs, crates, litter pans, and toys to support animals in foster care. Discussion The Department is focused on growing and developing both the volunteer and foster programs. Grant funding plays a critical role in supporting volunteer and foster programs by providing the financial resources necessary for these programs to operate, expand, and have a sustained impact on the communities served by the Department. These programs, which often rely heavily on volunteer labor and community involvement, still require additional funding to cover various operational needs. Volunteers and fosters play a crucial role in the operation and success of the animal shelter. Their contributions are vital in helping the shelter care for animals, increase adoption rates, and provide a better overall experience for both animals and the community. Volunteers help with the day-to-day operations of the animal shelter. They assist with cleaning, feeding, exercising, and socializing animals, ensuring that each animal receives individual attention. Fosters provide temporary homes for animals, particularly those who need extra care, such as young kittens or puppies, sick or injured animals, or those that are stressed in the shelter environment. Volunteers have donated 4,694 hours of time to the Department in 2024, an increase of 62.8% from 2023. The Department placed 913 pets into foster homes in 2024. Fostering allows the shelter to accommodate more animals in their care and reduces the number of animals in the shelter. Grant funding will be used on recruitment materials to gain additional volunteers and to provide supplies for current volunteers. Foster care funding will help provide essential resources like kitten and puppy formula, special food, medical supplies, and other items to support animals in foster care. At the end of the grant cycle, the Department will report back to UC Davis about the success of the grant, to include a summary of funds that were spent as well as information about the total number of animals and volunteers supported through the grant. To receive the additional $8,650 in grant funding, a first amendment to the shelter services agreement needed to be executed, we are asking the Mayor and City Council to ratify this amendment. The amendment also extends the term of the agreement through June 6, 2025, and all other terms of the original agreement remain the same. 2021-2025 Strategic Targets and Goals The request to accept grant funding from UC Davis for shelter programs aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, through the opportunity for increased donation funds which will allow the Department to expand current volunteer and foster outreach programs. Strategic Target No. 2. Focused, Aligned Leadership and Unified Community, by implementing community engagement, and building a culture that attracts, retains and motivates the highest quality talent. Packet Page. 148 2 4 2 3 Fiscal Impact There is no fiscal impact to the General Fund for this grant. The Fiscal Year 2024/2025 Operating Budget will be amended to recognize $8,650 in grant funding 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. 2025-025: 1. Authorizing the Department of Animal Services to accept grant funding in the amount of $8,650 from UC Davis for animal sheltering programs; and 2. Ratify the first amendment to the grant agreement with UC Davis; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Budget to appropriate $8,650 of the grant funding in both revenues and expenditures for animal shelter programs and services. Attachments Attachment 1: Resolution 2025-000 Attachment 2: Original Grant Agreement from UC Davis Attachment 3: Amendment to Grant Agreement from UC Davis Ward: All Wards Synopsis of Previous Council Actions: On January 17th, 2024, the Mayor and City Council adopted Resolution No. 2024-001, authorized the Department of Animal Services to accept grant funding in the amount of $125,000 from UC Davis for animal shelter programs. On May 4th, 2022, the Mayor and City Council adopted Resolution No. 2022- 75, authorized the Department of Animal Services to accept grant funding in the amount of $5,000 from UC Davis for animal shelter programs. On August 17th, 2022, the Mayor and City Council adopted Resolution No. 2022- 176, authorized the Department of Animal Services to accept grant funding in the amount of $200,000 from UC Davis for animal shelter programs. Packet Page. 149 Resolution No. 2025-025 Resolution 2025-025 February 5, 2025 Page 1 of 3 6 2 6 1 t e m p I d RESOLUTION NO. 2025-025 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF ANIMAL SERVICES TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $8,650 FROM UC DAVIS FOR ANIMAL SHELTERING PROGRAMS; AND RATIFYING THE FIRST AMENDMENT TO THE GRANT AGREEMENT WITH UC DAVIS; AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2024/25 BUDGET TO APPROPRIATE $8,650 OF THE GRANT FUNDING IN BOTH REVENUES AND EXPENDITURES FOR ANIMAL SHELTER PROGRAMS AND SERVICES. WHEREAS, the City of San Bernardino Department of Animal Services has been approved for grant funding by UC Davis; and WHEREAS, the City is working to increase the number of volunteers and foster program candidates; and WHEREAS, the City is working to expand community engagement through volunteering and fostering at the shelter; and WHEREAS, the grant funding would support the City in its efforts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorizes the Department of Animal Services to accept grant funding in the amount of $8,650 from UC Davis for animal sheltering programs. SECTION 3. The Mayor and City Council hereby ratify the first amendment to the grant agreement with UC Davis; and SECTION 4. The Mayor and City Council hereby authorizes the Director of Finance and Management Services to amend the FY 2024/25 budget to appropriate $8,650 of the grant funding in both revenues and expenditures for animal shelter programs and services. 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 Packet Page. 150 Resolution No. 2025-025 Resolution 2025-025 February 5, 2025 Page 2 of 3 6 2 6 1 t e m p I d 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 5th day of February 2025. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 151 Resolution No. 2025-025 Resolution 2025-025 February 5, 2025 Page 3 of 3 6 2 6 1 t e m p I d 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. 2025-025, adopted at a regular meeting held on the 5th day of February 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 6th day of February 2025. Genoveva Rocha, CMC, City Clerk Packet Page. 152 DocuSign Envelope ID: 77FF273B-F46B-43BE-9881-679CAFEB7D56DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 Packet Page. 153 DocuSign Envelope ID: 77FF273B-F46B-43BE-9881-679CAFEB7D56DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 Packet Page. 154 Robert D. Field City Manager DocuSign Envelope ID: 77FF273B-F46B-43BE-9881-679CAFEB7D56 9/6/2022 DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 9/21/2022 Packet Page. 155 DocuSign Envelope ID: 77FF273B-F46B-43BE-9881-679CAFEB7D56DocuSign Envelope ID: 88B69F65-B558-4D79-8CD3-B9B3B44513E9 Packet Page. 156 Page 1 of 1 UC Davis Purchase Agreement # UCDPO00059400 Formerly UC Davis Agreement # A69452 Amendment # 1 FIRST AMENDMENT TO SHELTER SERVICES AGREEMENT (City of San Bernardino Department of Animal Services) THIS FIRST AMENDMENT is made to the University of California, Davis campus agreement # A69452 between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its UC Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL SERVICES (“Shelter”). Purchase Order # UCDPO00059400 replaces Purchase Agreement # A69452. The parties to the above-referenced agreement agree as follows: 1. Terms. The term of the agreement shall be amended to extend through June 6, 2025. “Exhibit A-1”, attached hereto and incorporated herein, reflects updated scope. 2. Payment by University: Payment by the Facility is increased by $8,650.00. The total not to exceed amount for the Agreement shall now read $28,650.00. 3. Other Terms. All other terms and conditions of the agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this amendment on the dates set forth below. CITY OF SAN BERNARDINO THE REGENTS OF THE DEPARTMENT OF ANIMAL SERVICES UNIVERSITY OF CALIFORNIA By:___________________________ Print Name: ____________________ Title: _________________________ Date: _________________________ By: ___________________________ Steven Kobayashi Associate Director Procurement & Contracting Service UC Davis Date: _________________________ July 15, 2024 Steven Kobayashi Digitally signed by Steven Kobayashi DN: cn=Steven Kobayashi, o=Regents of the University of California, ou=Procurement & Contracting Services, email=stkobayashi@ucdavis.edu, c=US Date: 2024.07.15 17:10:21 -07'00' Director of Animal Services August 14, 2024 Kristine Watson Packet Page. 157 San Bernardino City Animal Shelter x Organization Contact: o Kris Watson: watson_kr@sbcity.org Updated SOW & Additional Funding x Extend term to 6/6/2025 x Awarding an additional $8,650 o Volunteer supplies = $4,650 o Foster care supplies = 4,000 Exhibit A-1 Packet Page. 158 2 5 2 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Award Professional Services Agreement with Miller Cespedes and Associates LLC, in an amount not to exceed $125,000 for State Legislative Advocacy Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Miller Cespedes and Associates LLC for State Legislative Advocacy Services. Executive Summary Legislative advocacy consultants are common in municipalities, and they assist cities in securing funds from State annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. These services would add capacity to the organization and enhance staff’s ability to achieve key strategic goals and objectives authorized by the Mayor and City Council. The amount of the agreement is not to exceed $90,000 annually as approved by the Mayor and City Council. Background On May 11, 2023, the Mayor and City Council held a retreat to discuss the key strategic goals and priorities of the City. In response to Council’s direction provided at the retreat, the City Manager called a special workshop on June 30, 2023, to present a “Strategic Initiatives Plan,” which included a presentation on enhancing the City’s Legislative Affairs Program. The presentation outlined what steps and resources were necessary to improve the efficiency and effectiveness of the program, which included four (4) recommended areas of focus: Packet Page. 159 2 5 2 9 1. Establishing an annual Legislative Calendar. 2. Developing amendments to the current City of San Bernardino Legislative Platform. 3. Creating a Legislative & Governmental Affairs Manager position within the Office of the City Manager. 4. Retaining state and federal legislative advocacy consultants. On September 12, 2023, the Mayor and City Council approved the elements of the Legislative Affairs Program described above and directed staff to return with the necessary programmatic pieces. On October 4, 2023, the Mayor and City Council adopted Resolution 2023-144 authorizing funding for: 1. State & Federal Legislative Advocacy Services a. Federal Advocacy Firm $125,000 FY 23/24 b. State Advocacy Firm $125,000 FY 23/24 On December 1, 2023 the City of San Bernardino (”City”) awarded the State Advocacy Services to JEA and Associates. The Professional Service Agreement (PSA) was executed for an amount not to exceed $125,000 for the period of December 1, 2023 through December 1, 2024 to provide State Advocacy Services to the City. The Professional Service Agreement with JEA and Associates expired on December 1, 2024 and was not renewed. On December 2, 2024 staff posted an RFP through the PlanetBid platform the city uses, seeking State advocacy services. Discussion A Professional Services Agreement (“Agreement”) will authorize the consultant to perform general and specific legislative advocacy services on behalf of the City of San Bernardino. Specifically, the Agreement’s scope of work outline the following tasks: State Legislative Advocacy Services – Miller Cespedes and Associates 1. Work with the City and its staff in the development of a Legislative Platform. 2. Work with the City and its staff in the development of a comprehensive funding outline at the state. Packet Page. 160 2 5 2 9 3. Closely monitor funding opportunities at the state level (i.e., community benefits programs/grants, competitive grants in key agencies, legislation, and appropriations, etc.). 4. Work with the City’s legislative delegation on favorable funding criteria language that would benefit and maximize funding for the City. This includes but is not limited to funding for public works infrastructure, climate change resiliency, transportation, housing, public safety and broadband. 5. Assist and facilitate any mitigation between the City and state agencies on priority issues. 6. Undertake advocacy activities as directed or requested by the City, using our political and policy experience to accomplish the goals established. 7. Meet with the City’s state representatives at their district offices and/or their Capitol offices as directed. 8. Provide written or oral reports, as requested, or directed by the City. 9. Coordinate and communicate with the City Manager’s Office or their Designee’s to facilitate communication protocols. 10.Monitoring legislative activity in the State of California that may affect the City and increase the City’s opportunities to enhance economic growth and to protect current funding services. 11.Upon specific direction by the city, lobbying selected pieces of legislation or proposals for legislation. 12.Assist the City in advocating its position on issues before the Administration, the Legislature and relevant state agencies. 13.Work with contacts in local government, i.e., the League of California Cities, the California State Association of Counties, the Association of California Water Agencies and other organizations that are viewed to be of importance to the City’s policy priorities. 14.Take the lead on advocacy activities as directed or requested by the City, using our political and general experience to accomplish the goals established. Packet Page. 161 2 5 2 9 15.Provide oral and written reports as directed by the City. 16.Schedule, coordinate and attend meetings with legislative delegation and relevant stakeholders. 17.Represent the City’s policy interests before the Legislature and relevant agencies. 18.Assist the City in pursuing potential State funding opportunities, especially in the areas of Park Development, Homelessness and Violence Prevention. The State legislative advocacy agreement has a not-to-exceed contract amount of $90,000. The Agreement is within the budgeted amount authorized by the Mayor and City Council and has a term of one (1) year with an option to extend the contract for an additional year administratively. On December 2, 2024, staff posted an RFP through the PlanetBid platform the city uses, seeking State advocacy services. On December 19, 2024, the bids process closed and staff determined that five firms met all requirements and had qualified to move on to the next step in the procurement process. Staff developed an appropriate evaluation criteria and selection committee to review the proposals submitted for the RFP. After evaluating and scoring the five qualified proposals, staff is recommending the City award Miller Cespedes and Associates with the State Advocacy Services. Miller Cespedes and Associates has a proven track record and strong relationships in Sacramento at all levels of government, that can assist staff and the Mayor and City Council in accomplishing the City’s strategic goals, as well as legislative and budgetary needs. The agreement is for one year with an option to extend for an additional one year administratively at an annual cost of $90,000. The not to exceed amount of the proposed agreement is consistent with the cost of the City’s previous State advocacy consultant and the City’s federal advocacy services consultant. 2021-2025 Strategic Targets and Goals The retention of state and federal legislative advocacy firms aligns with all four of the City’s Key Strategic Target and Goal #1 Improved Operational & Financial Capacity. The consultants will enhance City staff’s ability to collaborate with state and/or regional governments to ensure San Bernardino receives its fair share of resources, while maintaining close working relationships with governmental agencies. Packet Page. 162 2 5 2 9 Fiscal Impact There is no General Fund impact associated with this action. Sufficient funding already exists in the Professional Contractual Services budget for the City Manager’s Office. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Miller Cespedes and Associates LLC for State Legislative Advocacy Services. Attachments Attachment 1 – Professional Services Agreement with Miller Cespedes and Associates LLC Ward: All Wards Synopsis of Previous Council Actions: October 4, 2023 Mayor and City Council adopted Resolution No. 2023- 144 approving funding for the Legislative Affairs Program September 12, 2023 Mayor and City Council approved staff's recommendation related to the Legislative Affairs Program. June 30, 2023 The Mayor and City Council held a special workshop that agendized discussions on key Strategic Initiatives. May 11, 2023 Mayor and City Council held a Council retreat to discuss the key strategic goals and priorities of the City, and to provide direction to the City Manager. Packet Page. 163 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MILLER CESPEDES & ASSOCIATES, LLC This Agreement is made and entered into as of February 5, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Miller Cespedes and Associates, a Limited Liability Company with its principal place of business at 915 L Street, Suite 1480, Sacramento, CA 95814 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: State Legislative advocacy services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Page. 164 2 Consultant under this Agreement exceed the sum of $90,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through February 5, 2026 (with an option for an additional one-year extension) unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances Packet Page. 165 3 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and Packet Page. 166 4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability Packet Page. 167 5 coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. Packet Page. 168 6 d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability N/A h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Packet Page. 169 7 Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Packet Page. 170 8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. Packet Page. 171 9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of Packet Page. 172 10 the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or Packet Page. 173 11 developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Packet Page. 174 12 27. Organization. Consultant shall assign Luis Sanchez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Miller Cespedes and Associates 915 L Street, Suite 1480 Sacramento, CA 95814 ATTN: Luis Sanchez 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and Packet Page. 175 13 provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. Packet Page. 176 14 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 177 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAPITAL EDGE ADVOCACY, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney Miller Cespedes and Associates, LLC Signature Name Title Packet Page. 178 16 EXHIBIT A SCOPE OF SERVICES Miller Cespedes & Associates proposes to: 1.Work with the City and its staff in the development of a Legislative Platform. 2.Work with the City and its staff in the development of a comprehensive funding outline at the state. 3.Closely monitor funding opportunities at the state level (i.e., community benefits programs/grants, competitive grants in key agencies, legislation, and appropriations, etc.). Furthermore, we will work with the City’s legislative delegation on favorable funding criteria language that would benefit and maximize funding for the City. This includes but is not limited to funding for public works infrastructure, climate change resiliency, transportation, housing, public safety and broadband. 4.Assist and facilitate any mitigation between the City and state agencies on priority issues. 5.Miller Cespedes & Associates will undertake advocacy activities as directed or requested by the City, using our political and policy experience to accomplish the goals established. 6.Miller Cespedes & Associates is prepared to meet with the City’s state representatives at their district offices and/or their Capitol offices as directed. 7.Miller Cespedes & Associates will provide written or oral reports, as requested, or directed by the City. Consultant will continue providing the following state services: 8.Consultant will coordinate and communicate with the City Manager’s Office or their Designee’s to facilitate communication protocols. 9.Monitoring legislative activity in the State of California that may affect the City and increase the City’s opportunities to enhance economic growth and to protect current funding services. 10.Upon specific direction by the city, lobbying selected pieces of legislation or proposals for legislation. 11.Assist the City in advocating its position on issues before the Administration, the Legislature and relevant state agencies. Packet Page. 179 17 12.Work with our contacts in local government, i.e., the League of California Cities, the California State Association of Counties, the Association of California Water Agencies and other organizations that are viewed to be of importance to the City’s policy priorities. 13.Take a lead on advocacy activities as directed or requested by the City, using our political and general experience to accomplish the goals established. 14.Provided oral and written reports as directed by the City. 15.Schedule, coordinate and attend meetings with legislative delegation and relevant stakeholders. 16.Represent the City’s policy interests before the Legislature and relevant agencies. 17.Assist the City in pursuing potential State funding opportunities, especially in the areas of Park Development, Homelessness and Violence Prevention. Consultant’s monthly fee for services under Exhibit A shall be $7,500. Actual travel costs pre-approved by the City shall be invoiced each month. SCHEDULE OF PERFORMANCE Services shall commence on February 5, 2025 for the term of one-year with an option for an additional one-year extension. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule: On an as needed, on call basis. COST STRUCTURE Miller Cespedes & Associates annual compensation level of $90,000.00 for services described in the Scope, payable in twelve monthly installments of $7,500.00. This retainer would serve as the only vehicle for compensation, and we do not propose any hourly rates above this amount for our services. Packet Page. 180 2 4 5 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Memorandum of Understanding Regarding Land Designation of APN 0278-181-20 & a Portion of APN 0278- 191-30, Also Known as Palm Field and the Antil Plant Site (Ward 1) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Adopt Resolution No. 2025-026 of the Mayor and City Council of San Bernardino, California, approving the redesignation of real property owned by the San Bernardino Municipal Water Department, generally located on the north side of East 6th Street, west of Pedley Road, also known as APN 0278-181-20 and a portion of 0278-191-30 as defined in Exhibit A attached hereto; and 2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) Executive Summary The recommended action will transfer approximately 13.8 acres of land currently designated to the San Bernardino Municipal Water Department to the City of San Bernardino for an agreed upon consideration amount of $2,650,000. The land is generally located on the north side of East 6th Street, west of Pedley Road, and is also known as ”Palm Field” and the ”Antil Plant Site“ (APN: 0278-181-20 & a portion of 0278-191-30). The land is being acquired by the City of San Bernardino for future development of affordable, supportive, and/or transitional housing. Background The San Bernardino Municipal Water Department currently owns two properties located on the north side of East 6th Street, west of Pedley Road. The properties in question consist of two parcels, 0278-181-20 and a portion of 0278-191-30, also known Packet Page. 181 2 4 5 9 as Palm Field and the Antil Plant Site, and total approximately 13.8 acres of land. The site currently maintains Water Department improvements that include a well site, buildings, pump boosters, water mainlines, and multiple easements for pipeline purposes. On September 13, 2024, an independent appraisal was performed of the properties. The market value was established at $2,650,000. Although the properties are currently zoned for ”Public Park and Public Facilities”, the appraisal was completed utilizing the highest and best use of Residential Medium Zoning (RM). Additionally, the site was appraised net of the area for the well facility and with the understanding that improvements consisting of the pump boosters, buildings, and mainlines to the south and southeast of the well area were to be removed. The pipeline easements will be preserved and may be relocated to accommodate development, in accordance with the Memorandum of Understanding. On December 4, 2024, during a Special Meeting of the Mayor and City Council of the City of San Bernardino, City Council approved a Staff recommendation to allocate remaining ARPA funds as follows: $2,955,215 towards Street Segment Repairs and $2,650,000 towards the redesignation of Palm Filed and the Antil Plant Site. Discussion The redesignation of the aforementioned properties is being proposed to allow for the future development of affordable, supportive, and/or transitional housing. A Memorandum of Understanding outlining the actions has been developed by the San Bernardino Municipal Water Department and City staff, in conjunction with the City Attorney’s Office. The Memorandum of Understanding will be presented to the Water Board Commissioners for approval on February 11, 2025. Upon receiving approval from the Water Board Commissioners, Staff is recommending that the Mayor and City Council of the City of San Bernardino approve the redesignation of the properties and authorize the City Manager, or his or her designee, to execute the Memorandum of Understanding. The recommended action is contingent upon the final approval of the San Bernardino Municipal Water Department’s Board of Commissioners on February 11, 2025. The City of San Bernardino will issue payment to the San Bernardino Municipal Water Department in the amount of $2,650,000 from the allocated ARPA funds for the redesignation of the property. The disbursement of funds will occur immediately upon satisfaction of all conditions outlined in the Memorandum of Understanding. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 3. Improved Quality of Life. This project will contribute to ensure that the City is clean and attractive though mitigating the effects of homelessness and provide the much-needed infrastructure designed for sustained success. Packet Page. 182 2 4 5 9 Fiscal Impact There is no fiscal impact to the General Fund associated with this item. The City of San Bernardino will process a payment to the San Bernardino Municipal Water Department in the amount of $2,650,000, from the American Rescue Plan Act (ARPA) Fund, for the redesignation of approximately 13.8 acres of land, commonly known as Plam Filed and the Antil Plant Site. This transaction is contingent upon the final approval of the Water Board Commissioners, which is scheduled for consideration on February 11, 2025. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California: 1. Adopt Resolution No. 2025-026 of the Mayor and City Council of San Bernardino, California, approving the redesignation of real property owned by the San Bernardino Municipal Water Department, generally located on the north side of East 6th Street, west of Pedley Road, also known as APN 0278-181-20 and a portion of 0278-191-30 as defined in Exhibit A attached hereto; and 2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) Attachments Attachment 1 - Resolution No. 2025-026, Approving the Redesignation of Palm Field and the Antil Plant Site Attachment 2 – Exhibit A Attachment 3 - Memorandum of Understanding Attachment 4 – Appraisal Report Ward: First Ward Synopsis of Previous Council Actions: December 4, 2024 The Mayor and City Council approved the ARPA Fund allocation of $2,650,000 for the redesignation of Palm Field and the Antil Plant Site. Packet Page. 183 Resolution No. 2025-026 Resolution 2025-026 February 5, 2025 1 of 6 6 5 5 4 RESOLUTION NO. 2025-026 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE REDESIGNATION OF REAL PROPERTY OWNED BY THE SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, GENERALLY LOCATED ON THE NORTH SIDE OF EAST 6TH STREET, WEST OF PEDLEY ROAD, ALSO KNOWN AS APN 0278- 181-20 AND A PORTION OF 0278-191-30; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING. WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), acting as the highest governing body of the City of San Bernardino, a charter city, with regards to general government services; and WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets, and liabilities, collectively accounted for in the American Rescue Plan Act (ARPA) fund allocation; and WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer utility revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and WHEREAS, the WATER BOARD COMMISSIONERS OF THE CITY OF SAN BERNARDINO have determined that approximately 13.8 acres of real property located at 888 East 6th Street in the CITY OF SAN BERNARDINO, defined hereinafter as the PALM FIELD PROPERTY with a fair market value of two million six hundred fifty thousand dollars ($2,650,000) as determined by an independent appraisal, is no longer necessary for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and WHEREAS, given the value of the property, a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND is required; and WHEREAS, it has been the practice of the CITY OF SAN BERNARDINO to document transfers between the ARPA FUND, WATER FUND, and SEWER FUND with Memorandums of Understanding between the COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California). BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. Packet Page. 184 Resolution No. 2025-026 Resolution 2025-026 February 5, 2025 2 of 6 6 5 5 4 SECTION 2.The Water Board shall, by resolution, remove the designation for use by the San Bernardino Municipal Water Department of that certain real property and improvements comprising approximately 13.8 acres located at 888 East 6th Street, in the City of San Bernardino, County of San Bernardino, State of California, all of the property with assessor’s parcel number 0278-181-20 and a portion of 0278-191-30, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full (the “Palm Field Property”). SECTION 3. The COUNCIL shall, by resolution, approve a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND. SECTION 4.The COUNCIL accepts the removal of the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of the PALM FIELD PROPERTY. SECTION 5. The Water Board accepts a transfer of two million, six hundred fifty thousand dollars ($2,650,000) from the ARPA Fund to the Water Fund. SECTION 6. Parties agree the approximately 10,600 square foot area referred to as “Modified Antil Plant” and outline in red in Exhibit “A” shall remain for Water Department use. Water Department access to this area shall be maintained SECTION 7. Council agrees to preserve easements containing Water Department pipelines depicted in Exhibit “A” and fund Water Department approved relocation of these easements and pipelines if necessary for development of the site. Water Department access to easements and pipelines shall be maintained. SECTION 8. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this MOU. Parties shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: i. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); ii. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; iii. Treasury Compliance and Reporting Guidance for the Act; iv. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; v. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and Packet Page. 185 Resolution No. 2025-026 Resolution 2025-026 February 5, 2025 3 of 6 6 5 5 4 vi. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference. SECTION 9. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this MOU. With respect to any conflict between such federal requirements and the terms of this MOU and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. SECTION 10. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 186 Resolution No. 2025-026 Resolution 2025-026 February 5, 2025 4 of 6 6 5 5 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-026, adopted at a regular meeting held on the 5th day of February 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 6th day of February 2025. Genoveva Rocha, CMC, City Clerk Packet Page. 187 $+$+$+$+$+$+$+ !? !? Antil Plant ANTIL 5 WELL ANTIL 6 WELL CITY OF RIVERSIDECITY OF RIVERSIDE Navigation Center 6TH ST UN N A M E D A C R D PE D L E Y R D WARD ST PE D L E Y R D Legend !?Wells $+Pump Boosters Future Pipeline Mainline Centerlines Old Antil Plant (~13.78 Acre) 25' Easement (~53,886.56 Sq Ft) Modified Antil Plant (~10,585.61 Sq Ft) µModified Antil Plant Site and EasementsExhibit A Packet Page. 188 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 1 OF 16 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this ___ day of ____________, 2025, BY AND BETWEEN: the MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO (“COUNCIL”), acting as the highest governing body of the CITY OF SAN BERNARDINO, a charter city, with regards to general government services; and, the WATER BOARD COMMISSIONERS OF THE CITY OF SAN BERNARDINO (“WATER BOARD”), acting as the highest governing body of the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, a department of the CITY OF SAN BERNARDINO created by the CHARTER OF THE CITY OF SAN BERNARDINO (individually the COUNCIL and WATER BOARD may be referred to as a “PARTY” and collectively the COUNCIL and WATER BOARD may be referred to as the “PARTIES”). RECITALS: WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the COUNCIL is the highest governing body of the CITY OF SAN BERNARDINO with respect to general tax revenues, expenditures, assets, and liabilities, collectively accounted for in the American Rescue Plan Act (ARPA) fund allocation ; and, WHEREAS, by the CHARTER OF THE CITY OF SAN BERNARDINO, the WATER BOARD is the highest governing body of the CITY OF SAN BERNARDINO with respect to water utility and sewer utility revenues, expenditures, assets, and liabilities, collectively accounted for in the WATER FUND and SEWER FUND, respectively; and WHEREAS, the WATER BOARD COMMISSIONERS OF THE CITY OF SAN BERNARDINO have determined that approximately 13.8 acres of real property located at 888 East 6th Street in the CITY OF SAN BERNARDINO, defined hereinafter as the PALM FIELD PROPERTY with a fair market value of two million six hundred fifty thousand dollars ($2,650,000) as determined by an independent appraisal, is no longer necessary for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT; and, WHEREAS, given the value of the property, a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND is required; and, WHEREAS, it has been the practice of the CITY OF SAN BERNARDINO to document transfers between the ARPA FUND, WATER FUND, and SEWER FUND with Memorandums of Understanding between the COUNCIL and the WATER BOARD to demonstrate compliance with Proposition 218 (Article XIII D, Section 6 of the Constitution of the State of California). NOW, THEREFORE, the PARTIES agree as follows: Packet Page. 189 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 2 OF 16 1. The recitals set forth in “RECITALS” are, by this reference, incorporated into and deemed a part of this MOU. 2. The WATER BOARD shall, by resolution, remove the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of that certain real property and improvements comprising approximately 13.8 acres located at 888 East 6th Street, in the City of San Bernardino, County of San Bernardino, State of California, all of the property with assessor’s parcel number 0278-181-20 and a portion of 0278-191-30, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference as though set forth in full (the “PALM FIELD PROPERTY”). 3. The COUNCIL shall, by resolution, approve a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND. 4. The COUNCIL accepts the removal of the designation for use by the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT of the PALM FIELD PROPERTY. 5. The WATER BOARD accepts a transfer of two million six hundred fifty thousand dollars ($2,650,000) from the ARPA FUND to the WATER FUND. 6. Parties agree the approximately 10,600 square foot area referred to as “Modified Antil Plant” and outline in red in Exhibit “A” shall remain for Water Department use. Water Department access to this area shall be maintained. 7. Council agrees to preserve easements containing Water Department pipelines depicted in Exhibit “A” and fund Water Department approved relocation of these easements and pipelines if necessary for development of the site. Water Department access to easements and pipelines shall be maintained. 8. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this MOU. Parties shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: i. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); ii. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; iii. Treasury Compliance and Reporting Guidance for the Act; iv. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; v. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and vi. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein Packet Page. 190 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 3 OF 16 by reference. 9. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this MOU. With respect to any conflict between such federal requirements and the terms of this MOU and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [Signature Page Follows] Packet Page. 191 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 4 OF 16 MEMORANDUM OF UNDERSTANDING REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES By and between the Mayor and Council of the City of San Bernardino and the Water Board of the City of San Bernardino for the land designation of certain properties. Date: ______________________ Date: ______________________ APPROVED AS TO FORM: By: ________________________________ City Attorney MAYOR AND COUNCIL OF THE CITY OF SAN BERNARDINO: By: ________________________________ Rochelle Clayton, Acting City Manager WATER BOARD OF THE CITY OF SAN BERNARDINO: By: ________________________________ Miguel J. Guerrero, General Manager Packet Page. 192 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 5 OF 16 Exhibit “A” Palm Field Property Palm Field Property APN: 0278-181-20 and portion of 0278-191-30 Area: 13.8 acres Appraised Value: $2,650,000 Packet Page. 193 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 6 OF 16 EXHIBIT "B" FEDERAL CONTRACT PROVISIONS During the performance of this MOU (referred to herein as Agreement), Parties shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”. Obligations directed below to the Consultant shall be deemed to apply to both of the Parties to this MOU. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be Packet Page. 194 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 7 OF 16 provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Packet Page. 195 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 8 OF 16 The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. Packet Page. 196 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 9 OF 16 Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. Appendix II to Part 200 (H) – Debarment and Suspension: This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Packet Page. 197 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 10 OF 16 Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Packet Page. 198 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 11 OF 16 For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Telecommunications or video surveillance services provided by such entities or using such equipment. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. See Public Law 115-232, section 889 for additional information. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. For purposes of this section: “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Affirmative steps shall include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Packet Page. 199 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 12 OF 16 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. Packet Page. 200 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 13 OF 16 New Restrictions on Lobbying, 31 C.F.R. Part 21. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: A member of Congress or a representative of a committee of Congress; Packet Page. 201 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 14 OF 16 An Inspector General; The Government Accountability Office; A Treasury employee responsible for contract or grant oversight or management; An authorized official of the Department of Justice or other law enforcement agency; A court or grand jury; or A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. Packet Page. 202 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 15 OF 16 Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any Packet Page. 203 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNCIL AND WATER BOARD REGARDING LAND DESIGNATIONS OF CERTAIN PROPERTIES PAGE 16 OF 16 voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Packet Page. 204 CBRE Valuation & Advisory Services cbre.com/valuation Appraisal Report PALM FIELD PARK/ANTIL PLANT SITE North side of 6th Street, Between Cooley St and Pedley Rd San Bernardino, California 92410 Prepared for: City of San Bernardino Date of Report: September 13, 2024 CBRE File No.: CB24US053175-1 Packet Page. 205 CBRE Valuation & Advisory Services CBRE VALUATION & ADVISORY SERVICES 1 © 2024 CBRE, INC 5921 Owensmouth Avenue Woodland Hills, CA 91367 www.cbre.com/valuation Date of Report: September 13, 2024 Mr. Joshua Dramitinos, RWA Deputy Director, Economic Development CITY OF SAN BERNARDINO 290 North D St San Bernardino, California 92401 RE: Appraisal of: Palm Field Park/Antil Plant Site North side of 6th Street, Between Cooley St and Pedley Rd San Bernardino, San Bernardino County, California CBRE File No.: CB24US053175-1 Dear Mr. Dramitinos: At your request and authorization, CBRE, Inc. has prepared an appraisal of the market value of the referenced property. Our analysis is presented in the following Appraisal Report. The subject property is known as Palm Field Park, which is a 13.78-acre site (per client provided mapping) located on the north side of 6th Street, between Cooley Street and Pedley Road, in the city of San Bernardino. The property consists of all of APN 0278-181-20 and a portion of APN 0278-191-30. The property is also referred to as the Antil Plant site. The intended use of the appraisal is to assist in the transfer of the property from the San Bernardino Municipal Water District to the Economic Development Department, both City agencies. Because the property is owned by a public agency and utilized as a park, it is zoned Public Park and Public Facilities. However, based on our conversations with City Planning staff, the site would likely be zoned Residential Medium (RM) if it were privately owned. Therefore, we have appraised the site under the extraordinary assumption that the site would be zoned RM if it were private owned. In addition, it is our understanding that there is a well on the property that will remain after the site is transferred. We have appraised the property net of the area for the well. Also, there are several pump boosters, buildings and mainlines to the south and southeast of the well area. We have been instructed to assume that these improvements have been removed and will not impact development of the site to its highest and best use. Finally, there are existing easements on the property for pipeline purposes. We have been instructed to assume that the easements can be relocated to accommodate development. Based on the analysis contained in the following report, the market value of the subject is concluded as follows: Packet Page. 206 Mr. Joshua Dramitinos, RWA September 13, 2024 Page 2 CBRE VALUATION & ADVISORY SERVICES 1 © 2024 CBRE, INC MARKET VALUE CONCLUSION Appraisal Premise Interest Appraised Date of Value Value ConclusionLand Value Fee Simple Estate August 31, 2024 $2,650,000 Compiled by CBRE This Appraisal Report is subject to Extraordinary Assumptions and/or Hypothetical Conditions; please refer to the Executive Summary section of this report for further discussion and analysis. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from, this letter. The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based on, and this report has been prepared in conformance with, the guidelines and recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), and the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. The intended use and user of our report are specifically identified in our report as agreed upon in our contract for services and/or reliance language found in the report. As a condition to being granted the status of an intended user, any intended user who has not entered into a written agreement with CBRE in connection with its use of our report agrees to be bound by the terms and conditions of the agreement between CBRE and the client who ordered the report. No other use or user of the report is permitted by any other party for any other purpose. Dissemination of this report by any party to any non-intended users does not extend reliance to any such party, and CBRE will not be responsible for any unauthorized use of or reliance upon the report, its conclusions or contents (or any portion thereof). It has been a pleasure to assist you in this assignment. If you have any questions concerning the analysis, or if CBRE can be of further service, please contact us. Respectfully submitted, CBRE - VALUATION & ADVISORY SERVICES Beth Finestone, MAI, AI-GRE, FRICS, CRE Jerardo Arciniega, MAI Title: VAS - Executive Vice President Title: VAS - Vice President Phone: (818) 251-3669 Phone: (818) 251-3667 Email: Beth.Finestone@cbre.com Email: Jerardo.Arciniega@cbre.com License No. & State: AG 004030 CA License No. & State: AG042445 CA Packet Page. 207 Certification CBRE VALUATION & ADVISORY SERVICES i © 2024 CBRE, INC Certification We certify to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. Beth Finestone, MAI, AI-GRE, FRICS, CRE and Jerardo Arciniega, MAI have not provided any services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice. 9. Jerardo Arciniega, MAI has made a personal inspection of the property that is the subject of this report. Beth Finestone, MAI, AI-GRE, FRICS, CRE has not made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Beth Finestone, MAI, AI-GRE, FRICS, CRE and Jerardo Arciniega, MAI have completed the continuing education program for Designated Members of the Appraisal Institute. 14. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of California. Beth Finestone, MAI, AI-GRE, FRICS, CRE Jerardo Arciniega, MAI Certified General AG 004030 CA Certified General AG042445 CA Packet Page. 208 Subject Photographs & Maps CBRE VALUATION & ADVISORY SERVICES ii © 2024 CBRE, INC Subject Photographs & Maps Aerial View We have been asked to appraise the area outlined in purple, which consists of all of APN 0278-181-20 and a portion of APN 0278-191-30. Based on the client’s request, our appraisal is based on the assumption that a lot split has already occurred and that the subject property consists of a legal lot. It is also our understanding that while the entire area outlined in purple will be transferred, the well site, outlined in red, will remain on the property. The site also has multiple easements for pipeline purposes, shown in yellow and blue above. Per the client’s instructions, we have assumed the easements can be relocated to accommodate development, with the note that one of the easements must connect to the adjacent flood channel. Finally, they have asked that we assume that the improvements south of the well site have been removed. Packet Page. 209 Subject Photographs & Maps CBRE VALUATION & ADVISORY SERVICES iii © 2024 CBRE, INC Aerial View Packet Page. 210 Subject Photographs & Maps CBRE VALUATION & ADVISORY SERVICES iv © 2024 CBRE, INC Northeast view of the subject from the southwest corner. Northeast view of the property. Northwest view of the subject, taken from the southeast corner of the property. Northeast view of the subject, taken from the southeast corner of the property. North view along the west side of the property. Westerly view along the west side of the property. Packet Page. 211 Subject Photographs & Maps CBRE VALUATION & ADVISORY SERVICES v © 2024 CBRE, INC Southerly view along the west side of the property. Northwest view of the northwest corner of the property. View of the well site. Southwest view of the building improvements. Northwest view of the building improvements. Southwest view of the baseball field. Packet Page. 212 Subject Photographs & Maps CBRE VALUATION & ADVISORY SERVICES vi © 2024 CBRE, INC East view of the baseball field improvements. Northerly view of the east side of the property. Northeast view of the northeast corner of the property. North view of the northern portion of the property. East view along 6th Street (subject at left). West view along 6th Street (subject at right). Packet Page. 213 Executive Summary CBRE VALUATION & ADVISORY SERVICES vii © 2024 CBRE, INC Executive Summary Property Name Location Parcel Numbers Client Highest and Best Use As If Vacant As Improved Property Rights Appraised Date of Inspection Estimated Exposure Time Estimated Marketing Time Gross Land Area 13.78 AC 600,256 SF Net Land Area 13.54 AC 589,670 SF Zoning Buyer Profile Developer 6 - 15 Months 6 - 15 Months RM, Residential Medium Palm Field Park August 31, 2024 N/A Residential development North side of 6th Street, Between Cooley St and Pedley RdSan Bernardino, San Bernardino County, CA 92410 City of San Bernardino 0278-181-20, 0278-191-30 (portions of) Fee Simple Estate VALUATION Total Per SF Land Value $2,650,000 $4.49 CONCLUDED MARKET VALUE Appraisal Premise Interest Appraised Value Land Value Fee Simple Estate $2,650,000 Compiled by CBRE Date of Value August 31, 2024 Market Volatility We draw your attention to a combination of inflationary pressures (leading to higher interest rates) and recent failures/stress in banking systems which have significantly increased the potential for constrained credit markets, negative capital value movements and enhanced volatility in property markets over the short-to-medium term. Experience has shown that consumer and investor behavior can quickly change during periods of such heightened volatility. Lending or investment decisions should reflect this heightened level of volatility and the potential for deteriorating market conditions. It is important to note that the conclusions set out in this report are valid as of the valuation date only. Where appropriate, we recommend that the valuation is closely monitored, as we continue to track how markets respond to evolving events. Packet Page. 214 Executive Summary CBRE VALUATION & ADVISORY SERVICES viii © 2024 CBRE, INC Extraordinary Assumptions An extraordinary assumption is defined as “an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.” 1 • We have been asked to appraise all of APN 0278-181-20 and a portion of APN 0278-191-30. Based on the client’s request, this appraisal is based on the assumption that a lot split has already taken place and that the subject property consists of a legal lot. • Because the property is owned by a public agency and utilized as a park, it is zoned Public Park and Public Facilities. However, based on our conversations with City Planning staff, the site would likely be zoned Residential Medium (RM) if it were privately owned. Therefore, we have appraised the site under the extraordinary assumption that the site would be zoned RM if it were privately owned. • There are several pump boosters, buildings and mainlines to the south and southeast of the well area. We have been instructed to assume that these improvements have been removed and will not impact development of the site to its highest and best use. • There are existing easements on the property for pipeline purposes. We have been instructed to assume that the easements can be relocated to accommodate development. We note that one of the easements must connect to the adjacent flood channel. Our report is based on the extraordinary assumption that the easements can be relocated to accommodate a highest and best use development. • The use of these extraordinary assumptions may have affected the assignment results. Hypothetical Conditions A hypothetical condition is defined as “a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purposes of analysis.” 2 • None noted Ownership and Property History According to public records, the subject property is owned by the City of San Bernardino Water Works and the City of San Bernardino. CBRE is unaware of any arm’s length ownership transfers of the property within three years of the date of appraisal. Further, the property is not reportedly being offered for sale as of the current date. However, we note that the purpose of this appraisal is to assist in the transfer of the site from the San Bernardino Municipal Water District to the City of San Bernardino Development Department at the appraised value. Exposure/Marketing Time Current appraisal guidelines require an estimate of a reasonable time period in which the subject could be brought to market and sold. This reasonable time frame can either be examined historically or prospectively. In a historical analysis, this is referred to as exposure time. Exposure time always precedes 1 The Appraisal Foundation, USPAP, 2024 Edition (Effective January 1, 2024) 2 The Appraisal Foundation, USPAP, 2024 Edition (Effective January 1, 2024) Packet Page. 215 Executive Summary CBRE VALUATION & ADVISORY SERVICES ix © 2024 CBRE, INC the date of value, with the underlying premise being the time a property would have been on the market prior to the date of value, such that it would sell at its appraised value as of the date of value. On a prospective basis, the term marketing time is most often used. The exposure/marketing time is a function of price, time, and use. It is not an isolated estimate of time alone. In consideration of these factors, we have analyzed the following: • exposure periods for comparable sales used in this appraisal; and • exposure/marketing time information from the PwC Real Estate Investor Survey. The following table presents the information derived from these sources. EXPOSURE/MARKETING TIME DATA Exposure/Mktg. (Months)Investment Type Median Average Comparable Sales Data 0.8 -48.7 4.6 16.6 PwC Apartment (2nd Qtr. 2024)National Data 3.0 -15.0 6.3 CBRE Exposure Time Estimate CBRE Marketing Period Estimate Various Sources Compiled by CBRE 6 - 15 Months 6 - 15 Months Range Packet Page. 216 Table of Contents CBRE VALUATION & ADVISORY SERVICES x © 2024 CBRE, INC Table of Contents Certification ........................................................................................................................................................................ i Subject Photographs & Maps ...................................................................................................................................... ii Executive Summary ...................................................................................................................................................... vii Table of Contents ............................................................................................................................................................ x Scope of Work .................................................................................................................................................................... 1 Area Analysis .................................................................................................................................................................... 5 Neighborhood Analysis.................................................................................................................................................. 7 Site Analysis .................................................................................................................................................................... 10 Improvements Analysis ............................................................................................................................................... 15 Zoning ................................................................................................................................................................................ 19 Tax and Assessment Data ...........................................................................................................................................21 Market Analysis .............................................................................................................................................................. 22 Highest and Best Use ................................................................................................................................................... 29 Land Value ........................................................................................................................................................................ 31 Reconciliation of Value ................................................................................................................................................ 38 Assumptions and Limiting Conditions ................................................................................................................... 39 ADDENDA A Land Sale Data Sheets B Subject Mapping C Qualifications Packet Page. 217 Scope of Work CBRE VALUATION & ADVISORY SERVICES 1 © 2024 CBRE, INC Scope of Work This Appraisal Report is intended to comply with the real property appraisal development and reporting requirements set forth under Standards Rule 1 and 2 of USPAP. The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered, and analysis is applied. Intended Use Of Report The purpose of the appraisal is to estimate the market value of the property, as of the current date. The appraisal will be used for the transfer of the property from the San Bernardino Municipal Water District to the Economic Development Department. These are both entities of the City of San Bernardino (City). Essentially, the asset will be transferred from one City entity to another, and our appraisal will set the internal transfer price. No other use is permitted. Client The client is the City of San Bernardino. Intended User Of Report This appraisal is to be used by the City of San Bernardino. No other user may rely on our report unless as specifically indicated in this report. Intended users are those who an appraiser intends will use the appraisal or review report. In other words, appraisers acknowledge at the outset of the assignment that they are developing their expert opinions for the use of the intended users they identify. Although the client provides information about the parties who may be intended users, ultimately it is the appraiser who decides who they are. This is an important point to be clear about: The client does not tell the appraiser who the intended users will be. Rather, the client tells the appraiser who the client needs the report to be speaking to, and given that information, the appraiser identifies the intended user or users. It is important to identify intended users because an appraiser’s primary responsibility regarding the use of the report’s opinions and conclusions is to those users. Intended users are those parties to whom an appraiser is responsible for communicating the findings in a clear and understandable manner. They are the audience. 3 Reliance Language Reliance on any reports produced by CBRE under this Agreement is extended solely to parties and entities expressly acknowledged in a signed writing by CBRE as Intended Users of the respective reports, provided that any conditions to such acknowledgement required by CBRE or hereunder have been satisfied. Parties or entities other than Intended Users who obtain a copy of the report or any portion thereof (including Client if it is not named as an Intended User), whether as a result of its direct dissemination or by any other means, may not rely upon any opinions or conclusions contained in the report or such portions thereof, and CBRE will not be responsible for any unpermitted use of the report, its conclusions or contents or have any liability in connection therewith. 3 Appraisal Institute, The Appraisal of Real Estate, 15th ed. (Chicago: Appraisal Institute, 2020), 40. Packet Page. 218 Scope of Work CBRE VALUATION & ADVISORY SERVICES 2 © 2024 CBRE, INC Purpose of the Appraisal The purpose of this appraisal is to develop an opinion of the market value of the subject property. Definition of Value The current economic definition of market value agreed upon by agencies that regulate federal financial institutions in the U.S. (and used herein) is as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 4 Interest Appraised The value estimated represents Fee Simple Estate as defined below: Fee Simple Estate - Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat. 5 Extent to Which the Property is Identified The property is identified through the following sources: • Postal address • Assessor’s records • City provided mapping • Legal description Extent to Which the Property is Inspected Jerardo Arciniega, MAI inspected the subject, as well as its surrounding environs on the effective date of appraisal. This inspection was considered adequate and is the basis for our findings. Beth Finestone, MAI, AI-GRE, FRICS, CRE did not perform an inspection of the subject property. 4 12 CFR, Part 34, Subpart C-Appraisals, 34.42(h). 5 Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022), 73. Packet Page. 219 Scope of Work CBRE VALUATION & ADVISORY SERVICES 3 © 2024 CBRE, INC Type and Extent of the Data Researched CBRE reviewed the following: • Zoning requirements • Flood zone status • Demographics • Comparable data Type and Extent of Analysis Applied CBRE, Inc. analyzed the data gathered through the use of appropriate and accepted appraisal methodology to arrive at a probable value indication via each applicable approach to value. For vacant land, the sales comparison approach has been employed for this assignment. Statement of Competency The appraisers have the appropriate knowledge, education, and experience to complete this assignment competently. Appraisal Methodology In appraisal practice, an approach to value is included or omitted based on its applicability to the property type being valued and the quality and quantity of information available. Depending on a specific appraisal assignment, any of the following four methods may be used to determine the market value of the fee simple interest of land: • Sales Comparison Approach; • Income Capitalization Procedures; • Allocation; and • Extraction. The following summaries of each method are paraphrased from the text. The first is the sales comparison approach. This is a process of analyzing sales of similar, recently sold parcels in order to derive an indication of the most probable sales price (or value) of the property being appraised. The reliability of this approach is dependent upon (a) the availability of comparable sales data, (b) the verification of the sales data regarding size, price, terms of sale, among others, (c) the degree of comparability or extent of adjustment necessary for differences between the subject and the comparables, and (d) the absence of nontypical conditions affecting the sales price. This is the primary and most reliable method used to value land (if adequate data exists). The income capitalization procedures include three methods: land residual technique, ground rent capitalization, and Subdivision Development Analysis. A discussion of each of these three techniques is presented in the following paragraphs. The land residual method may be used to estimate land value when sales data on similar parcels of vacant land are lacking. This technique is based on the principle of balance and the related concept of contribution, which are concerned with equilibrium among the agents of production--i.e. labor, capital, coordination, and land. The land residual technique can be used to estimate land value when: 1) building value is known or can be accurately estimated, 2) stabilized, annual net operating income to the property is known or estimable, and 3) both Packet Page. 220 Scope of Work CBRE VALUATION & ADVISORY SERVICES 4 © 2024 CBRE, INC building and land capitalization rates can be extracted from the market. Building value can be estimated for new or proposed buildings that represent the highest and best use of the property and have not yet incurred physical deterioration or functional obsolescence. The subdivision development method is used to value land when subdivision and development represent the highest and best use of the appraised parcel. In this method, an appraiser determines the number and size of lots that can be created from the appraised land physically, legally, and economically. The value of the underlying land is then estimated through a discounted cash flow analysis with revenues based on the achievable sale price of the finished product and expenses based on all costs required to complete and sell the finished product. The ground rent capitalization procedure is predicated upon the assumption that ground rents can be capitalized at an appropriate rate to indicate the market value of a site. Ground rent is paid for the right to use and occupy the land according to the terms of the ground lease; it corresponds to the value of the landowner's interest in the land. Market-derived capitalization rates are used to convert ground rent into market value. This procedure is useful when an analysis of comparable sales of leased land indicates a range of rents and reasonable support for capitalization rates can be obtained. The allocation method is typically used when sales are so rare that the value cannot be estimated by direct comparison. This method is based on the principle of balance and the related concept of contribution, which affirm that there is a normal or typical ratio of land value to property value for specific categories of real estate in specific locations. This ratio is generally more reliable when the subject property includes relatively new improvements. The allocation method does not produce conclusive value indications, but it can be used to establish land value when the number of vacant land sales is inadequate. The extraction method is a variant of the allocation method in which land value is extracted from the sale price of an improved property by deducting the contribution of the improvements, which is estimated from their depreciated costs. The remaining value represents the value of the land. Value indications derived in this way are generally unpersuasive because the assessment ratios may be unreliable and the extraction method does not reflect market considerations. The sales comparison approach for land is utilized to develop an opinion of land value because market participants rely on this method. The other methodologies are used primarily when comparable land sales data is non-existent. Therefore, these approaches have not been used. The cost approach, sales comparison approach, and income approach for improved property are not applicable. Packet Page. 221 Area Analysis CBRE VALUATION & ADVISORY SERVICES 5 © 2024 CBRE, INC Area Analysis Population Source: ESRI, downloaded on Aug, 28 2024 The subject is located in San Bernardino County.Key information about the area is provided in thefollowing tables. The area has a population of 2,215,776 and amedian age of 36,with the largest populationgroupinthe20-29 age range and the smallestpopulation in 80+ age range. Population has increased by 180,577 since 2010,reflecting an annual increase of 0.6%. Populationisprojectedtoincrease by 21,680 between 2024and 2029, reflecting a 0.2% annual populationgrowth. 2,035,199 2,215,776 2,237,456 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 2010 2024 2029 POPULATION BY YEAR 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80+ AREA POPULATION BY AGE Source: ESRI Source: ESRI Packet Page. 222 Area Analysis CBRE VALUATION & ADVISORY SERVICES 6 © 2024 CBRE, INC Income Education Employment Source: ESRI, downloaded on Aug 28, 2024; BLS.gov dated Jan 0, 1900 The area includes a total of 973,983 employees.The top three industries within the area are HealthCare/Social Assistance,Retail Trade and Transportation/Warehousing,which represent a combinedtotal of 36% of the workforce. The area features an average household incomeof $108,426 and a median household income of$82,645. Over the next five years, medianhouseholdincome is expected to increase by14.7%, or $2,433 per annum. A total of 24.9% of individuals over the age of 24haveacollege degree,with 16.1% holding abachelor's degree and 8.7% holding a graduatedegree. $82,645 $94,809 $0 $20,000 $40,000 $60,000 $80,000 $100,000 2024 2029 MEDIAN INCOME BY YEAR POPULATION BY DEGREE Bachelor's Degree Graduate Degree Other 0%2%4%6%8%10%12%14%16% Other Services (excl Publ Adm) Prof/Scientific/Tech Services Public Administration Accommodation/Food Services Manufacturing Construction Educational Services Transportation/Warehousing Retail Trade Health Care/Social Assistance Source: ESRI Source: ESRI Source: ESRI In summary, the area is forecasted to experience an increase in population and an increase in household income. Packet Page. 223 Neighborhood Analysis CBRE VALUATION & ADVISORY SERVICES 7 © 2024 CBRE, INC Neighborhood Analysis Location The subject is located in the city of San Bernardino within San Bernardino County. Adjacent communities include Highland and Redlands to the east, Loma Linda to the south, and Rialto and Colton to the west. Boundaries The neighborhood boundaries are detailed as follows: North: Baseline Street South: Rialto Avenue East: Waterman Avenue West: Del Rosa Drive Land Use Predominant land uses in the immediate vicinity of the subject primarily consist of a mixture of industrial and residential uses. There are industrial yards to the west and north. There are also new industrial Packet Page. 224 Neighborhood Analysis CBRE VALUATION & ADVISORY SERVICES 8 © 2024 CBRE, INC buildings along 6th Street, to the east of Pedley Road. Residential uses include a mobile home park immediately to the north, and single and multi-family residences to the southeast. There are also public uses in the area. The City of Riverside owns land to the south and west and utilize the sites for solar uses. There is also an elementary school on 5th Street, south of the subject property. Access Primary highway access to the area is via Interstate 215 (I-215) and State Route 210 (SR-210). I-215 is located approximately two miles west of the subject property. There are on and off-ramps along 5th Street. SR-210 is located approximately 2.5 miles north of the subject, with on and off-ramps located on Waterman Avenue. In addition, SR-210 is also located approximately four miles east of the subject. The major arterial streets providing access in a north and south direction are Waterman Avenue, Tippecanoe Avenue, and Del Rosa Drive. The major arterial streets providing east and west access include Baseline Street, 9th Street, 5th Street, 3rd, Street and Rialto Avenue. Overall, vehicular access is considered to be average. Public transportation is provided by Omnitrans, which provides access to neighboring cities. The Omnitrans rapid bus system is called sbX. San Bernardino International Airport is located approximately 1.5 miles southeast of the subject property and the Ontario International Airport is approximately twenty miles southwest of the subject. Overall, the primary mode of transportation in the area is the automobile. Demographics Selected neighborhood demographics in 1-, 3- and 5-mile radius from the subject are shown in the following table: Packet Page. 225 Neighborhood Analysis CBRE VALUATION & ADVISORY SERVICES 9 © 2024 CBRE, INC North side of 6th Street, Between Cooley St and Pedley RdSan Bernardino, CA 92410 Population2029 Total Population 18,621 143,015 331,341 2,237,4562024 Total Population 18,275 142,680 330,276 2,215,7762010 Total Population 18,585 136,334 310,825 2,035,1992000 Total Population 15,309 121,948 280,940 1,709,445 Annual Growth 2024 - 2029 0.38% 0.05% 0.06% 0.19% Annual Growth 2010 - 2024 -0.12% 0.33% 0.43% 0.61% Annual Growth 2000 - 2010 1.96% 1.12% 1.02% 1.76%Households2029 Total Households 5,040 40,407 99,302 702,674 2024 Total Households 4,875 39,785 97,467 685,599 2010 Total Households 4,461 36,658 89,197 611,613 2000 Total Households 4,155 35,403 86,243 528,596 Annual Growth 2024 - 2029 0.67% 0.31% 0.37% 0.49% Annual Growth 2010 - 2024 0.64% 0.59% 0.64% 0.82% Annual Growth 2000 - 2010 0.71% 0.35% 0.34% 1.47%Income2024 Median Household Income $43,781 $52,607 $62,424 $82,6452024 Average Household Income $63,888 $69,530 $82,963 $108,4262024 Per Capita Income $17,346 $19,440 $24,472 $33,6382024 Pop 25+ College Graduates 621 7,758 33,787 362,489 Age 25+ Percent College Graduates - 2024 5.7%9.0% 16.2% 24.9% Source: ESRI SELECTED NEIGHBORHOOD DEMOGRAPHICS San Bernardino County1 Mile Radius 3 Mile Radius 5 Mile Radius Conclusion The subject property is located within an established area characterized by industrial and residential uses. The property has good access to major streets and the freeway system. Economic and demographic factors point toward a slightly increasing population and median income. In addition, there have been interest rate increases and inflation concerns. However, it appears that the Federal Reserve has stopped increasing interest rates and are considering interest rate cuts in the near future, as the inflation rate has started moving towards their 2.00% per year goal. Packet Page. 226 Site Analysis CBRE VALUATION & ADVISORY SERVICES 10 © 2024 CBRE, INC Site Analysis The following chart summarizes the salient characteristics of the subject site. SITE SUMMARY AND ANALYSIS Physical DescriptionGross Site Area 13.78 Acres 600,256 Sq. Ft. Net Site Area 13.54 Acres 589,670 Sq. Ft.Primary Road Frontage 6th St 575 FeetExcess Land Area NoneSurplus Land Area NoneShapeTopographyParcel Numbers Actual Zoning DistrictAssumed Zoning DistrictFlood Map Panel No. & Date 06071C7571J 2-Sep-16Flood Zone Zone X (Unshaded)Adjacent Land Uses Comparative AnalysisVisibilityFunctional UtilityTraffic VolumeAdequacy of Utilities Landscaping Drainage UtilitiesWater Sewer Natural Gas Electricity Telephone/Cable/Internet Mass Transit Other Yes No UnknownDetrimental Easements X Encroachments X Deed Restrictions X Reciprocal Parking Rights X Various sources compiled by CBRE RatingGoodAverageAverage IrregularGenerally Level RM, Residential Medium Industrial and residential 0278-181-20, 0278-191-30 (portions of) Public Park and Public Facilities Yes Availability Average Average Average Yes Yes Yes Yes Yes Packet Page. 227 Site Analysis CBRE VALUATION & ADVISORY SERVICES 11 © 2024 CBRE, INC Location The subject is on the north side of 6th Street, between Cooley Street and Pedley Road. LAND AREA The client provided the following mapping for the subject property. Packet Page. 228 Site Analysis CBRE VALUATION & ADVISORY SERVICES 12 © 2024 CBRE, INC The client requested that the area outlined in purple be appraised as a stand-alone parcel. The subject property consists of APN 0278-181-20 and a portion of APN 0278-191-30. Based on the client’s request, this appraisal is based on the assumption that a lot split has already taken place and that the subject property consists of a legal lot. The client provided mapping indicates that the gross land area for the subject property is 13.78 acres. Although the entire area is to be transferred, the well (the area outlined in red) will remain on the property and this area will not be developable. As a result, we have netted this area out from the gross land area. The client provided mapping indicates the well area is approximately 10,586 square feet. This results in a net land area of 13.54 acres. The previous map also shows multiple easements for pipeline purposes. The client has asked that we assume that the easements can be relocated on the property to accommodate development. We note that the easement that connects to the adjacent flood channel to the northwest can be relocated but must remain connected to the flood channel. SHAPE AND FRONTAGE The site is slightly irregular in shape. It is generally L-shaped, but slightly irregular due to a flood channel on the northwestern portion of the site. However, the fact that the well site must remain, results in an irregular useable land area as the near center of the property is not useable. The site has a significant amount of frontage, with approximately 575 feet of frontage along 6th Street. Ingress/Egress Ingress and egress are available to the site three curb cuts along 6th Street. 6th Street is aligned in an east/west direction and has a dedicated width which varies from 82.50 to 88 feet at the subject location. It provides for one lane of traffic in each direction. The north side of the street is improved with concrete curbs. Portions of the north side of the street also include concrete sidewalks. The south side of the street has a paved shoulder, but no other street improvements. Curbside parking is not allowed on either side of the street. TOPOGRAPHY AND DRAINAGE The site is generally level and at street grade. The topography of the site is not seen as an impediment to the development of the property. During our inspection of the site, we observed no drainage problems and assume that none exist. SOILS A soils analysis for the site has not been provided for the preparation of this appraisal. In the absence of a soils report, it is a specific assumption that the site has adequate soils to support the highest and best use. Easements and Encroachments We were not provided with a title report for the subject property. However, we were provided with the map shown in the Land Area section of this report. The following is a portion of the map. Packet Page. 229 Site Analysis CBRE VALUATION & ADVISORY SERVICES 13 © 2024 CBRE, INC The areas shown in yellow are easements for pipelines. The client has asked that we assume the easements can be relocated to accommodate development. We note that the easement that is aligned in northwest/southeast direction and ends at the flood channel to the northwest can be relocated but must connect to the flood channel. Because of the client’s instruction to assume that the easements can be relocated to accommodate development, these easements are not considered to affect the marketability or highest and best use of the subject property. However, the client has indicated that the well site will remain on the property and will not be developable land. We have therefore netted this area out from the gross land area. The well area essentially cuts a hole near the center of the property. Therefore, in our Packet Page. 230 Site Analysis CBRE VALUATION & ADVISORY SERVICES 14 © 2024 CBRE, INC valuation of the subject property, we have considered that net land area has a highly irregular shape due to the well easement. It is recommended that the client/reader obtain a current title policy outlining all easements and encroachments on the property, if any, prior to making a business decision. Covenants, Conditions and Restrictions There are no other known covenants, conditions or restrictions impacting the site that are considered to affect the marketability or highest and best use. It is recommended that the client/reader obtain a copy of the current covenants, conditions and restrictions, if any, prior to making a business decision. UTILITIES AND SERVICES The site includes all utility and municipal services, including police, fire and refuse garbage collection. All utilities are available to the site in adequate quality and quantity to service the highest and best use. Environmental Issues Although CBRE was not provided an Environmental Site Assessment (ESA), a tour of the site did not reveal any obvious issues regarding environmental contamination or adverse conditions. The appraiser is not qualified to detect the existence of potentially hazardous material or underground storage tanks which may be present on or near the site. The existence of hazardous materials or underground storage tanks may affect the value of the property. For this appraisal, CBRE, Inc. has specifically assumed that the property is not affected by any hazardous materials that may be present on or near the property. Conclusion The site is well located and afforded average access and good visibility from its roadway frontage. The size of the property is larger than typical sites in the area. There are no known detrimental uses in the immediate vicinity. Overall, there are no known factors which are considered to prevent the site from development to its highest and best use, as if vacant, or adverse to the existing use of the site. The property is large enough to support a significant development. However, we note that the well area is near the center of the property and the useable land area is highly irregular in shape because this area is not useable. Any development would need to be constructed around the well area. Packet Page. 231 Improvements Analysis CBRE VALUATION & ADVISORY SERVICES 15 © 2024 CBRE, INC Improvements Analysis The subject property includes two buildings, south of the well site as well as pump boosters and several pipelines. The property also includes site improvements including a baseball field. We have been instructed to assume these improvements have been removed and will not impact the development of the site to its highest and best use. Therefore, an improvement analysis is not applicable. Packet Page. 232 Improvements Analysis CBRE VALUATION & ADVISORY SERVICES 16 © 2024 CBRE, INC Plat Map – APN 0278-181-20 Packet Page. 233 Improvements Analysis CBRE VALUATION & ADVISORY SERVICES 17 © 2024 CBRE, INC Plat Map – APN 0278-191-30 (Portion) Packet Page. 234 Improvements Analysis CBRE VALUATION & ADVISORY SERVICES 18 © 2024 CBRE, INC Flood Plain Map Packet Page. 235 Zoning CBRE VALUATION & ADVISORY SERVICES 19 © 2024 CBRE, INC Zoning The following map shows the subject’s actual zoning. As shown, the subject property is zoned Public Park and Public Facilities. These zoning designations are special purpose zones that are only for public facilities like the subject property. If the subject were sold in the private sector, it would not have these zoning designations. The surroundings include a mixture of residential and industrial zoning designations. In addition, portions of the surroundings are within unincorporated San Bernardino County and also include industrial and residential zoning designations. Travis Martin, Principal Planner, with the City of San Bernardino, indicated that the most likely zoning designation for the subject property (if it were to sell in the open market) would be Residential Medium, which is the zoning designation immediately to both the north and south of the subject property. We have therefore appraised the subject land as if it were zoned RM, Residential Medium, which allows residential uses up to a density of twelve units per acre. The following table summarizes the zoning requirements for the RM zone designation. Packet Page. 236 Zoning CBRE VALUATION & ADVISORY SERVICES 20 © 2024 CBRE, INC ZONING SUMMARYCurrent Zoning RM, Residential MediumLegally Conforming YesUses Permitted Community care facilities, existing multifamily dwellings, and accessory dwelling units. Multifamily dwellings, condominium, townhouses and mobile home parks are allowed with a development permit. Zoning Change Not likely Category Zoning Requirement Minimum Lot Size 14,400 Sq. Ft. Minimum Lot Width 60 FeetMaximum Height 3 stories and 42 feet Minimum Setbacks Front Yard 25 FeetInterior Side Yard 5 feet plus 1 foor for each 15 feet of wall lengthRear Yard 10 FeetMaximum Bldg. Coverage 50%Maximum FAR/Density 12 units per acreParking Requirements Apartments: 1 space for every studio, 1.5 covered spaces for 1 bedroom units, 2 covered spaces for every 2 bedroom unit, and 2.5 spaces for every 3-bedroom or more unit, plus an additional uncovered guest space for every 5 units; 2 garage spaces for every single-family residence, condominium ot townhouse. Source: San Bernardino County Planning and Zoning Dept. Analysis and Conclusion The subject property has an assumed zoning designation of RM, which allows 12 units per acre. Because the definition of market value assumes a sale of the subject on our date of value, it is important to ascertain the most likely zoning for the subject if it were to sell. The subject size is large enough to support development of a residential project. Our sale comparable show that at this density, developers primarily opt to construct townhouses. The subject property has a net site area of 13.54 acres, which results in a maximum of 162 units. Based on the densities of our comparable sales, this density appears to be achievable on the subject property. As noted, the existing well will remain. However, a residential development of a similar size to what is achievable on the subject property, typically contains multiple buildings, and amenities such as a pool, clubhouse, or outdoor play areas. In our opinion, a residential development could be accommodated on the subject property with the well in place. In addition, we have been asked to assume that the existing easements can be relocated to accommodate development. Additional information may be obtained from the appropriate governmental authority. For purposes of this appraisal, CBRE has assumed the information obtained is correct. Packet Page. 237 Tax and Assessment Data CBRE VALUATION & ADVISORY SERVICES 21 © 2024 CBRE, INC Tax and Assessment Data Real estate tax assessments are administered by the Assessor of San Bernardino County and are estimated by jurisdiction on a county basis for the subject. The property is subject to the property tax rules of the State of California, which control the activities and policies of local assessment jurisdictions. These laws were significantly modified on June 7, 1978, when the State’s voters passed Proposition 13, amending Article XIII of the State Constitution. Proposition 13 abolished the practice of periodic reassessment of properties based on market value appraisals. Instead, real property is subject to reassessment (i.e., revaluation at full or partial current market value) only when changes in ownership or new construction take place. Otherwise, increases in assessed value are limited to a general rate of 2%, plus the rates needed to service any bonded indebtedness. Special assessments can also be added, and are often related to the installation of infrastructure. Generally speaking, property taxes in San Bernardino County tend to range from 1.1% to 1.4% of a property’s assessed value. Due to California’s tax laws, most properties within Los Angeles County have very similar effective tax rates. The subject is owned by the City of San Bernardino Water Works and the City of San Bernardino and therefore is not subject to real estate taxes. It is located in Tax Rate Areas 7007 and 7232 which carry a 2023/2024 tax rate of 1.2628%. Real estate taxes would be adjusted upon sale of the subject property. Packet Page. 238 Market Analysis CBRE VALUATION & ADVISORY SERVICES 22 © 2024 CBRE, INC Market Analysis Based on the information provided by Travis Martin, the Principal Planner with the City of San Bernardino and the surrounding zoning, we have assumed the subject has a Residential Medium zoning designation, which allows multifamily developments, mobile home parks, townhouses, and condominiums. As such, we have, included an overview of the apartment market in the subject area. The following data is for the improved multifamily market. This is included as the multifamily land market generally follows similar trends to the improved multifamily market. The subject is in the San Bernardino submarket of the Inland Empire market. Submarket Snapshot The following table summarizes the supply of apartment units for each submarket within the Inland Empire - CA USA market as of 2nd Quarter 2024. SUBMARKET SNAPSHOT Submarket Inventory (Units) Completions* (Units)Asking Rent ($/Unit / Mo.)Occupancy Cucamonga 41,937 1,551 $2,443 92.7%Outlying Riverside County 1,085 0 $1,018 92.1%Outlying San Bernardino County 13,317 12 $1,384 92.6%Palm Springs 14,768 138 $1,710 95.0%Riverside/Corona 40,649 56 $2,095 94.4%San Bernardino 41,760 799 $1,786 94.7%San Jacinto 9,229 107 $1,819 94.3% County/Temecula 12,940 663 $2,376 90.9% *Completions include trailing 4 quarters Source: Costar, 2nd Quarter 2024 San Bernardino Submarket Important characteristics of the San Bernardino apartment market are summarized below: Packet Page. 239 Market Analysis CBRE VALUATION & ADVISORY SERVICES 23 © 2024 CBRE, INC SAN BERNARDINO APARTMENT SUBMARKET Year Ending Inventory (Units) Completions (Units) Occupied Stock (Units)Occupancy Asking Rent ($/Unit / Mo.) Asking Rent Change Net Absorption (Units) 2014 38,988 0 37,164 95.3% $1,024 3.28%2012015 39,294 306 37,758 96.1% $1,103 7.75%5942016 39,293 -1 37,833 96.3% $1,171 6.14%752017 39,336 43 37,823 96.2% $1,243 6.11%-102018 39,488 152 37,883 95.9% $1,307 5.17%602019 40,150 662 37,964 94.6% $1,381 5.67%802020 40,150 0 39,227 97.7% $1,478 6.99% 1,2642021 40,470 320 39,520 97.7% $1,638 10.84% 2932022 40,575 105 39,188 96.6% $1,728 5.50% -333Q1 2023 40,609 34 39,025 96.1% $1,746 1.06% -163Q2 2023 40,961 352 38,967 95.1% $1,759 0.72%-58Q3 2023 41,218 257 38,863 94.3% $1,745 -0.78% -104Q4 2023 41,346 128 38,974 94.3% $1,739 -0.36% 1112023 41,346 771 38,974 94.3% $1,739 0.63% -214Q1 2024 41,554 208 39,188 94.3% $1,759 1.14%214Q2 2024 41,760 206 39,536 94.7% $1,786 1.54%348Q3 2024*41,761 1 39,679 95.0% $1,784 -0.11% 142Q4 2024*42,181 420 39,849 94.5% $1,793 0.50%1702024* 42,181 835 39,849 94.5% $1,793 3.09%8742025* 42,820 639 40,591 94.8% $1,888 5.31%7432026* 42,947 127 40,990 95.4% $1,981 4.91%3992027* 43,197 250 41,325 95.7% $2,059 3.98%3362028* 43,569 372 41,732 95.8% $2,133 3.57%4062029* 43,972 403 42,119 95.8% $2,194 2.87%386 *Future Projected Data according to Costar Source: Costar, 2nd Quarter 2024 The San Bernardino apartment submarket consists of approximately 41,760 units of apartment space. The current submarket inventory represents approximately 23.8% of the overall market inventory. The following observations were noted from the table above: • As of 2nd Quarter 2024, there were approximately 39,536 units of occupied apartment space, resulting in an occupancy rate of 94.7% for the submarket. This reflects an increase from the previous quarter’s occupancy of 94.3%, and a small increase from an occupancy rate of 94.3% from last year. The submarket occupancy is above the 93.7% market occupancy. • The submarket experienced positive 348 units of net absorption for the 2nd quarter 2024. This indicates an improvement from the previous quarter’s positive 214 units of net absorption, and an improvement from the negative 214 units of net absorption from a year ago. Overall, the submarket has experienced positive 562 units of net absorption for the current year-to-date period. • The submarket had completions of positive 206 units for the 2nd quarter 2024, which indicates a decrease from the previous quarter’s completions of positive 208 units, and a decrease from the completions of positive 352 units from last year. • The submarket achieved average asking rent of $1,786 per unit, which indicates an increase from the previous quarter’s asking rent of $1,759 per unit, and an increase from the asking rent of $1,739 per unit from last year. The submarket’s current asking rent of $1,786 per unit is below the overall market asking rent of $2,046 per unit. Packet Page. 240 Market Analysis CBRE VALUATION & ADVISORY SERVICES 24 © 2024 CBRE, INC Historical Inventory - Submarket Submarket Inventory is projected to be 42,181 units at the end of the current year, which represents a small increase from the previous year’s submarket inventory of 41,346 units. Inventory for next year is projected to be 42,820 units, reflecting a small increase from the current year. Historical Occupancy - Submarket Submarket occupancy is projected to be 94.5% at the end of the current year, which represents a small increase from the previous year’s submarket occupancy of 94.3%. Submarket occupancy for next year is projected to be 94.8%, reflecting an increase from the current year. Packet Page. 241 Market Analysis CBRE VALUATION & ADVISORY SERVICES 25 © 2024 CBRE, INC Historical Net Absorption - Submarket Net absorption in the submarket is projected to be positive 874 units at the end of the current year, reflecting an improvement from the previous year’s net absorption of negative 214 units. Net absorption for next year is projected to be positive 743 units, indicating a decline from the current year. Historical Completions - Submarket The submarket is projected to achieve completions of positive 835 units at the end of the current year, which indicates an improvement from the previous year’s completions of positive 771 units. The submarket is projecting completions of positive 639 units for next year, which indicates a decline from the current year. Packet Page. 242 Market Analysis CBRE VALUATION & ADVISORY SERVICES 26 © 2024 CBRE, INC Historical Asking Rent - Submarket The submarket is projected to achieve average asking of $1,793 per unit at the end of the current year, which represents an increase from the previous year’s asking rent of $1,739 per unit. The submarket is projected to achieve average asking rent of $1,888 per unit, reflecting an increase from the current year. Sale Trends We searched CoStar for apartment building sales and for land sales within a 25-mile radius of the subject property. We compared the median price per square foot over the various years. The following table shows CoStar’s data. Year # of Sales Median Price PSF % Change Average Cap Rate 2021 164 $238.21 4.60% 2022 122 $262.26 10.10%4.61%2023 56 $279.42 6.54%4.76%8/30/2024 43 $249.74 -10.62%5.17% Year # of Sales Median Price Per Unit % Change Average Cap Rate2021164$192,500 4.60%2022 122 $212,333 10.30%4.61%2023 56 $233,333 9.89%4.76%8/30/2024 43 $200,000 -14.29%5.17% Compiled by CBRE SALE TRENDS - IMPROVED MULTIFAMILY SALES We analyzed the data on both a price per square foot and price per unit basis, with both showing similar trends. The price per square foot and price per unit data both show an approximately 10% increase in price levels between 2021 and 2022. The data varies slightly in 2023, but shows a small range of an approximately 6.5% to 10 percent increase. Finally, both show a decline in price levels in 2024, ranging Packet Page. 243 Market Analysis CBRE VALUATION & ADVISORY SERVICES 27 © 2024 CBRE, INC from approximately 10% to 14%. The above data also shows capitalization rates increasing slightly in 2023, with a larger increase of approximately 40 basis points in 2024. The increase in capitalization rates have put downward pressure on improved price levels. Single-Family Market Analysis In addition to multifamily residences, the assumed subject zoning allows townhouses and single-family residences. Because of the allowed density, the majority of our sale comparables are being developed with townhouses. Townhouse Sale Trends The health of the housing industry and demand are generally tied to the health of the economy. While the COVID-19 pandemic caused a great deal of uncertainty in the economy, housing was not adversely impacted the way other sectors of the economy were impacted. The fact that work-from-home has become an accepted reality has somewhat lessened the impact of location as being the most important factor in home purchases. Pricing of single-family residences continued to increase throughout the pandemic. Inventory has been low over the past few years. Interest rates were historically low at the end of the 2021 year. However, the Federal Reserve increased rates in 2022 and 2023 in an effort to combat inflation. The following information was compiled by utilizing the Multiple Listing Service (MLS). The following table shows trends in townhouse sale prices within the same twenty five-mile radius utilized within the multifamily sale trends. Year # of Sales Median Price PSF % Change 2021 553 $306 2022 382 $361 17.97% 2023 314 $372 3.05% 8/30/2024 227 $385 3.49% Year # of Sales Median Price % Change2021 553 $439,5002022 382 $511,950 16.48%2023 314 $525,000 2.55%8/30/2024 227 $550,000 4.76% Source: MLS, Compiled by CBRE SALE TRENDS - TOWNHOUSE SALES We analyzed townhouse sale prices on both a price per square foot and overall price basis. The above data shows prices increased significantly between 2011 and 2022. However, as interest rates were increased, sale price movement slowed to approximately 2.5% to 3% between 2023 and 2024. Similar price appreciation has occurred in 2024. Based on our sale comparables, there is on-going construction of townhouses, as prices have continued to rise. Packet Page. 244 Market Analysis CBRE VALUATION & ADVISORY SERVICES 28 © 2024 CBRE, INC Construction Costs The preceding data relates to the improved multifamily and townhouse market. To gain an understanding of the residential land market we researched construction costs trends. Construction costs impact land value if their growth rate is substantially different than growth rates for improved properties. The following table shows the California Construction Cost Index (CCCI) as reported by the State of California Department of General Services (DGS). The data includes costs for properties within the cites of San Francisco and Los Angeles only. However, the general trend shown is generally reflective of construction costs within the subject market area. 2021 2022 2023 2024 August 8,122 8,729 9,560 9,749% Change From Prior Year 7.47% 9.52% 1.98% Source: California Department of General Services CALIFORNIA CONSTRUCTION COST INDEX As shown on the preceding data, construction costs have increased significantly between August 2021 and August 2023. The rate of increase in construction costs was similar to the rate of increase in multifamily price levels. As a result, land prices would be expected to be relatively stable during this period. Construction costs increased approximately two percent over the last year, while improved multifamily prices declined. Conclusion The multifamily rental market has shown increasing rental rates over the last several years. Occupancy decreased in 2023 as there was a significant amount of new construction. Occupancy has improved in 2024 and CoStar forecasts the occupancy rate to stabilize in 2025. However, the market for multifamily sales has shown a decline in price levels over the last year, as increased interest rates and increasing capitalization rates have both put downward pressure on sale prices. Price levels for townhouses in the market have continued to increase in the last two years, but at significantly lower levels than prior years. Brokers reported that land prices have declined in 2024, which is consistent with the trend in improved multifamily price levels and rising construction costs. Overall, we expect the single-family/townhouse market to continue to improve slightly, while the market for multifamily and residential land continues to decline slightly. Packet Page. 245 Highest and Best Use CBRE VALUATION & ADVISORY SERVICES 29 © 2024 CBRE, INC Highest and Best Use In appraisal practice, the concept of highest and best use represents the premise upon which value is based. The four criteria the highest and best use must meet are: • legally permissible; • physically possible; • financially feasible; and • maximally productive. The highest and best use analysis of the subject is discussed below. As Vacant Legal Permissibility The legally permissible uses were discussed in the Site Analysis and Zoning Sections. Physical Possibility The subject is adequately served by utilities, and has an adequate shape and size, sufficient access, and other necessary attributes, to be a separately developable site. There are no known physical reasons why the subject site would not support any legally probable development (i.e. it appears adequate for development). Existing structures on similar sites provides additional evidence for the physical possibility of development. Financial Feasibility Potential uses of the site include multifamily development, mobile home parks, townhouses, condominiums, and single-family uses. The determination of financial feasibility is dependent primarily on the relationship of supply and demand for the legally probable land uses versus the cost to create the uses. With respect to the legal uses for the subject site, the local multifamily market has shown increasing rental rates and occupancy over the past several years. Development of new multifamily, townhouses, and single-family residence properties has occurred in the recent past and continues to this day. As indicated in the market analysis section of this report, 771 new multifamily units were constructed in 2023 and an additional 835 units are projected to be completed this year. CoStar projects construction to continue into 2025, as they project an additional 639 units to be completed in 2025. There has also been townhouse and multifamily development in the subject market. However, we note that improved multifamily sale prices have declined in 2024. Our sale comparables include sites which were purchased for single-family development, for sale townhouses, for lease townhouses, and mobile home parks. As shown in the Market Analysis, price levels for single-family uses such as townhouses have continued to increase. Based on the market evidence, development of the subject property with a residential project is financially feasible. The subject property has a maximum density of 12 units per acre. Based on our sale comparables and broker interviews, given this density, developers would construct either a for sale or for lease townhouse project. Maximum Productivity - Conclusion The final test of highest and best use of the site as if vacant is that the use be maximally productive, yielding the highest return to the land. Packet Page. 246 Highest and Best Use CBRE VALUATION & ADVISORY SERVICES 30 © 2024 CBRE, INC Based on the information presented above and upon information contained in the market and neighborhood analysis, we conclude that the highest and best use of the subject as if vacant would be the development of a townhouse project. More specifically, the subject would be developed at a density of 12 units per acre, which is typical of similar projects in this market. Our analysis of the subject and its respective market characteristics indicate the most likely buyer, as if vacant, would be a developer. As Improved We have been asked to assume that the existing improvements have been removed, with the exception of the well site which has been netted out of our useable site area. Therefore, a highest and best use analysis as improved is not applicable. Packet Page. 247 Land Value CBRE VALUATION & ADVISORY SERVICES 31 © 2024 CBRE, INC Land Value The following map and table summarize the comparable data used in the valuation of the subject site. A detailed description of each transaction is included in the addenda. Packet Page. 248 Land Value CBRE VALUATION & ADVISORY SERVICES 32 © 2024 CBRE, INC SUMMARY OF COMPARABLE LAND SALES Interest Zoning Actual Sale Size Size Price No.Property Location Type Date Transferred Proposed Use Proposed Density Price (Acres) (SF) Per SF 1 Linden Avenue10719 Linden AvenueBloomington, CA 92316 Sale Jan-24 Fee Simple/Freehold 181-unit townhouse development RS-20M/RM 14.37 $1,750,000 11.25 490,050 $3.57 2 Piedmont Park EstatesPiedmont DriveSan Bernardino, CA 92346 Sale Dec-23 Fee Simple/Freehold 51-unit mobile home park RM7.51 $2,800,000 6.79 295,772 $9.47 3 Residential Land19485 Spring StreetRiverside (unincorporated Riverside County), CA 92507 Sale Jul-23 Fee Simple/Freehold 357 unit development MU13.15 $5,996,500 27.15 1,182,654 $5.07 4 Greenspot Village St - PA 37820-7822 Boulder AvenueHighland, CA 92346 Sale Dec-22 Fee Simple/Freehold 272 For Lease Townhouses PD21.71 $6,000,000 12.53 545,807 $10.99 5 95 SFR lot development1795 W Highland AveSan Bernardino, CA 92411 Sale Dec-22 Fee Simple/Freehold 95 SFR development CG-19.41 $2,925,000 10.10 439,956 $6.65 6 4009-4015 Newmark Ave4009-4015 Newmark AveSan Bernardino, CA 92407 Sale May-22 Fee Simple/Freehold MFR Development RM20.0 $365,000 1.51 65,971 $5.53 7 South side of Lynwood Dr, Between Golden Ave & Mountain AveSouth side of Lynwood Dr, Between Golden Ave & Mountain Ave Sale Jan-22 Fee Simple/Freehold Multifamily development RH35.0 $225,000 1.14 49,658 $4.53 Subject North side of 6th Street, Between Cooley St and Pedley RdSan Bernardino, CA 92410 --- ---Residential development RM12.0 ---13.54 589,670 --- 1 Adjusted sale price for cash equivalency and/or development costs (where applicable)Compiled by CBRE Transaction Packet Page. 249 Land Value CBRE VALUATION & ADVISORY SERVICES 33 © 2024 CBRE, INC The sales utilized represent the best data available for comparison with the subject and were selected from the greater San Bernardino area within a 15-mile radius of the subject. We searched for sales which were at least five acres in size. However, we also included two local sales which were over an acre in size. We searched for sales which occurred from January 2022 to the present. Finally, we searched for sales which has similar allowed densities to the subject property. Market Conditions We have utilized qualitative adjustments for all the elements of comparison except for market conditions. As shown in the market analysis section, improved multifamily buildings prices increased approximately 10% per year in both 2022 and 2023. However, price levels have declined in 2024 at a similar annual rate. We have utilized a market conditions adjustment of 10% per year through the end of 2023 and a negative 10% per year adjustment for 2024. The indicated adjustments will be used in the following discussions. Discussion/Analysis of Land Sales Land Sale One This is the sale of an 11.25 acre site located on the east side of Linden Avenue within the unincorporated community of Bloomington. The site has a narrow access point from Linden Avenue. However, the buyer also purchased an adjacent parcel to the east that was owned by the San Bernardino Flood Control District in a separate transaction, which provides additional access from Santa Ana Avenue. The listing broker, Todd Launchbaugh with Lee & Associates, indicated the property was in escrow for approximately 18 months. During this time, the buyer obtained approvals for a zone change from RS-20M, which allows a minimum lot size of 20,000 square feet or 2.18 units per acre, to RM. We have adjusted this comparable for market conditions from July 2022 to the present to account for market conditions at the time the price was negotiated. The buyer also obtained approvals for a 181-unit townhouse development. According to the San Bernardino County's Planning Commission's Staff Report, the total project size is 12.6 acres. This results in a density of 14.37 units per acre. We have estimated a total of 162 units as the pro-rata share for this sale property. The listing broker indicated the sale closed once the buyer obtained approvals for their proposed project. The surroundings are primarily single-family residences. When compared to the subject, the lack of any significant frontage and access were significantly inferior. The property was zoned RS-20M when the property was listed, which only allows 2.18 units per acre. Although the resulting density was similar, the buyer had to apply for a zoning change. We have considered the zoning to be significantly inferior due to the time and cost associated with achieving the zoning change. The buyer was able to obtain entitlements during escrow. The entitlements were therefore superior. However, this superior feature only partially offset the significantly inferior frontage, access and zoning. The remaining elements of comparison were similar. This sale was inferior when compared to the subject. Land Sale Two This is the sale of a vacant parcel, located on the east side of Piedmont Drive, north of Highland Avenue, in the city of San Bernardino. The property was zoned RM - Residential Medium which allows up to 12 units per acre. During escrow the buyer submitted plans for a 51-unit mobile home park project, including a clubhouse and a pool. The proposed project results in a density of 7.51 units per acre. The surroundings include a mobile home park to the north, single-family residences to the west and a shopping center anchored by Walmart to the south. Packet Page. 250 Land Value CBRE VALUATION & ADVISORY SERVICES 34 © 2024 CBRE, INC When compared to the subject, the smaller size was superior on a price per square foot basis. The entitlement status was superior as the buyer was allowed to obtain approvals during escrow. The property has an irregular shape but was slightly superior in terms of shape as the entire area is useable. The property has the same zoning as the subject and the same allowed density, but the buyer has chosen to develop the property at a lower density. We have considered the zoning/density to be similar as it is the same zoning as the subject property. The remaining elements of comparison were similar. Overall, this comparable was superior to the subject. Land Sale Three This represents a 27.15-acre site that consists of seven parcels in unincorporated Riverside county. It's zoned MU (Mixed Use) and sold in an off-market transaction. The buyer submitted plans for a total of 846 townhouses over 65 acres while the property was in escrow. The project includes land on both the north and south side of Spring Street. Out of the 846 units, 357 units are planned on the sale property. They plan to construct the units over two phases. The north side of Spring Street includes the first phase, while the sale property is the second phase as it is on the south side of Spring Street. The surroundings include single-family residences to the east and west, vacant land and a newly constructed residential project to the north (Highgrove Town Center by Lennar, which is a portion of Phase 1) and industrial uses to the south. When compared to the subject property, the shape is similar but does not have an easement that limits the use of an area near the center. The shape was therefore superior. The entitlement status was also superior. These superior features were partially offset by the inferior size on a price per square foot basis. Overall, this comparable was slightly superior to the subject. Land Sale Four This represents the sale of four parcels that total approximately 12.53-acres. Les Whittlesey of WD Land indicated that the site sold to a developer as part of a 1031 exchange. The buyer plans to develop 272 residential units at this site. The buyer also owns the adjacent property to the south, which they purchased in 2019. The buyer obtained entitlements for a total project of 472 townhouses called San Carlo. The first phase includes 200 units on the property to the south. This part of the project has also been constructed. Mr. Whittlesey verified the sale price of $6,000,000. When compared to the subject, the frontage/access was slightly superior due to its corner location. The density was significantly superior. The entitlement status was also superior. Finally, the general shape was similar, but was slightly superior overall due to the subject’s well easement. Overall, this comparable was significantly superior to the subject. Land Sale Five This is the sale of a 10.1-acre lot located on the south side of Highland Avenue, within the city of San Bernardino. The site was zoned CG-1 at the time of sale. The buyer, Warmington Group of Companies, entitled the site during escrow. The buyer obtained entitlements for 95 single-family residential lots and nine lots for community amenities and improvements. This results in a density of 9.41 units per acre. The project is currently under construction. The surroundings include commercial uses to the north, a mobile home park to the east, vacant land to the west, and single-family residences to the south. When compared to the subject, the entitlement status was superior as they were able to obtain entitlements during escrow. This property is L-shaped, similar to the subject property, but does not have an easement near the center of the property. It was therefore superior in terms of shape. The remaining Packet Page. 251 Land Value CBRE VALUATION & ADVISORY SERVICES 35 © 2024 CBRE, INC elements of comparison including size, shape, frontage, topography, and density were all similar features. Overall, this comparable was superior to the subject. Land Sale Six This is the sale of two parcels of vacant land which total 1.51 acres. The site is located within an unincorporated area of San Bernardino and is zoned RM, which allows a maximum of 20 units per acre. We confirmed the sale with the listing broker, Bryant Brislin with the Hoffman Company. He indicated the property was unentitled at the time of sale. He stated the buyer plans to construct garden-style apartments, but he did not know how many units the buyer planned. To the best of our knowledge, no plans have been submitted to the County of San Bernardino. The surrounding uses include a mixture of single-family residences and small multifamily properties. The property is also adjacent to a church. When compared to the subject, the rectangular shape was significantly superior. The allowed density and smaller size were superior to the subject. The entitlement status, topography, frontage, access, and utility availability were all similar features. Overall, this comparable was superior to the subject. Land Sale Seven This is the sale of a 1.14-acre parcel located on the south side of Lynwood Drive, within the city of San Bernardino. The site was vacant at the time of sale. It is zoned RH, which allows a maximum density of 31 units per acre. The site was unentitled at the time of sale. Based on the zoning development standards, a maximum of 35 units are allowed on the property. However, according to the City Planning's website, the last plans were submitted in 2008 and they were for an 18-unit project. There were also plans submitted in 2007 for a 28-unit project. The surroundings include a mobile home park to the north, apartments to the west, single-family residences to the south and vacant land to the east. When compared to the subject, the smaller size was superior and the higher allowed density was significantly superior. These superior features were partially offset by an inferior narrow shape and a small amount of frontage. The remaining elements of comparison were similar. Overall, this comparable was slightly superior to the subject. Summary of Adjustments As in most analyses, each element of comparison is not weighted equally. For example, the location of a property as an element of comparison may outweigh its size, resulting in an overall rating of “inferior” to the subject, though there may be numerically more elements rated as “similar” in the comparison grid. Certain elements balance the effect of other elements in each sale’s comparison. Based on our comparative analysis, the following chart summarizes the adjustments warranted to each comparable. Packet Page. 252 Land Value CBRE VALUATION & ADVISORY SERVICES 36 © 2024 CBRE, INC LAND SALES ADJUSTMENT GRID Comparable Number 1 2 3 4 5 6 7 Subject Transaction Type Sale Sale Sale Sale Sale Sale Sale ---Transaction Date Jan-24 Dec-23 Jul-23 Dec-22 Dec-22 May-22 Jan-22 --- Interest Transferred Fee Simple/Freehold Fee Simple/Freehold Fee Simple/Freehold Fee Simple/Freehold Fee Simple/Freehold Fee Simple/Freehold Fee Simple/Freehold Proposed Use 181-unit townhouse dl t 51-unit mobile home park 357 unit development 272 For Lease Townhouses 95 SFR development MFR Development Multifamily development Residential development Actual Sale Price $1,750,000 $2,800,000 $5,996,500 $6,000,000 $2,925,000 $365,000 $225,000 --- Adjusted Sale Price 1 $1,750,000 $2,800,000 $5,996,500 $6,000,000 $2,925,000 $365,000 $225,000 ---Size (Acres)11.25 6.79 27.15 12.53 10.10 1.51 1.14 13.54Size (SF)490,050 295,772 1,182,654 545,807 439,956 65,971 49,658 589,670Density (UPA)14.37 7.51 13.15 21.71 9.41 19.81 30.70 11.97Price Per SF $3.57 $9.47 $5.07 $10.99 $6.65 $5.53 $4.53 --- Price ($ PSF)$3.57 $9.47 $5.07 $10.99 $6.65 $5.53 $4.53Property Rights Conveyed Similar Similar Similar Similar Similar Similar SimilarFinancing Terms 1 Similar Similar Similar Similar Similar Similar SimilarConditions of Sale Similar Similar Similar Similar Similar Similar Similar Market Conditions (Time)7.3%-5.9%-2.3%2.7%2.7%8.6%11.6%Subtotal $3.83 $8.91 $4.95 $11.29 $6.83 $6.01 $5.06SizeSimilarSuperior Inferior Similar Similar Superior SuperiorShapeSimilarSl. Superior Superior Sl. Superior Superior Sign. Superior InferiorFrontage/Access Sign. Inferior Similar Similar Sl. Superior Similar Similar InferiorTopographySimilarSimilarSimilarSimilarSimilarSimilarSimilarLocationSimilarSimilarSimilarSimilarSimilarSimilarSimilarZoning/Density Sign. Inferior Similar Similar Sign. Superior Similar Superior Sign. SuperiorUtilitiesSimilarSimilarSimilarSimilarSimilarSimilarSimilarEntitlementsSuperior Superior Superior Superior Superior Similar Similar Overall Comparability Inferior Superior Sl. Superior Sign. Superior Superior Superior Sl. Superior 1 Adjusted sale price for cash equivalency and/or development costs (where applicable)Compiled by CBRE Packet Page. 253 Land Value CBRE VALUATION & ADVISORY SERVICES 37 © 2024 CBRE, INC Conclusion Based on the foregoing discussion of comparability, the market data and the subject may be arrayed as shown below: Data No. Overall Comparison Market Conditions Adjusted Price Per SF 4 Significantly Superior $11.29 2 Superior $8.91 5 Superior $6.836Superior$6.017Sl. Superior $5.063Sl. Superior $4.95 SUBJECT1Inferior $3.83 Compiled by CBRE LAND VALUE ARRAY The preceding analysis indicates a value within a range of $3.83 to $11.29 per square foot. Sale 4 was entitled during escrow and has a significantly higher density than what is allowed on the subject. It was significantly superior overall. Sales 2 and 5 were also entitled during escrow and were superior, primarily due to entitlements. Sales 3 and 7 were slightly superior and were both had market conditions adjusted prices near $5 per square foot. Sale 1 was inferior due to the time and cost required for a zone change and the lack of any significant frontage. Sales 1 and 3 bracket the subject between $3.83 and $4.95 per square foot. Based on the preceding analysis, we reach a land value conclusion as follows for the subject property: CONCLUDED LAND VALUE $ PSF Subject SF Total$4.50 x 589,670 =$2,653,515 Indicated Value:$2,650,000(Rounded $ PSF)$4.49 Compiled by CBRE The above value conclusion results in a price per unit of approximately $16,350 per unit, which is within the range shown by the comparables. We remind the reader that the above conclusion assumes the existing easements can be relocated to accommodate development and that the existing improvements have been removed. Packet Page. 254 Reconciliation of Value CBRE VALUATION & ADVISORY SERVICES 38 © 2024 CBRE, INC Reconciliation of Value In the sales comparison approach, the subject is compared to similar properties that have been sold recently. The sales used in this analysis are considered highly comparable to the subject, and the required adjustments were based on reasonable and well-supported rationale. In addition, market participants are currently analyzing purchase prices on similar properties as they relate to available substitutes in the market. Therefore, the sales comparison approach is considered to provide a reliable value indication. Based on the foregoing, the market value of the subject has been concluded as follows: MARKET VALUE CONCLUSION Appraisal Premise Interest Appraised Date of Value Value ConclusionLand Value Fee Simple Estate August 31, 2024 $2,650,000 Compiled by CBRE Packet Page. 255 Assumptions and Limiting Conditions CBRE VALUATION & ADVISORY SERVICES 39 © 2024 CBRE, INC Assumptions and Limiting Conditions 1. CBRE, Inc. through its appraiser (collectively, “CBRE”) has inspected through reasonable observation the subject property. However, it is not possible or reasonably practicable to personally inspect conditions beneath the soil and the entire interior and exterior of the improvements on the subject property. Therefore, no representation is made as to such matters. 2. The report, including its conclusions and any portion of such report (the “Report”), is as of the date set forth in the letter of transmittal and based upon the information, market, economic, and property conditions and projected levels of operation existing as of such date. The dollar amount of any conclusion as to value in the Report is based upon the purchasing power of the U.S. Dollar on such date. The Report is subject to change as a result of fluctuations in any of the foregoing. CBRE has no obligation to revise the Report to reflect any such fluctuations or other events or conditions which occur subsequent to such date. 3. Unless otherwise expressly noted in the Report, CBRE has assumed that: (i) Title to the subject property is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. CBRE has not examined title records (including without limitation liens, encumbrances, easements, deed restrictions, and other conditions that may affect the title or use of the subject property) and makes no representations regarding title or its limitations on the use of the subject property. Insurance against financial loss that may arise out of defects in title should be sought from a qualified title insurance company. (ii) Existing improvements on the subject property conform to applicable local, state, and federal building codes and ordinances, are structurally sound and seismically safe, and have been built and repaired in a workmanlike manner according to standard practices; all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are in good working order with no major deferred maintenance or repair required; and the roof and exterior are in good condition and free from intrusion by the elements. CBRE has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of improvements. CBRE appraisers are not engineers and are not qualified to judge matters of an engineering nature, and furthermore structural problems or building system problems may not be visible. It is expressly assumed that any purchaser would, as a precondition to closing a sale, obtain a satisfactory engineering report relative to the structural integrity of the property and the integrity of building systems. (iii) Any proposed improvements, on or off-site, as well as any alterations or repairs considered will be completed in a workmanlike manner according to standard practices. (iv) Hazardous materials are not present on the subject property. CBRE is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater, mold, or other potentially hazardous materials may affect the value of the property. (v) No mineral deposit or subsurface rights of value exist with respect to the subject property, whether gas, liquid, or solid, and no air or development rights of value may be transferred. CBRE has not considered any rights associated with extraction or exploration of any resources, unless otherwise expressly noted in the Report. (vi) There are no contemplated public initiatives, governmental development controls, rent controls, or changes in the present zoning ordinances or regulations governing use, density, or shape that would significantly affect the value of the subject property. (vii) All required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be readily obtained or renewed for any use on which the Report is based. (viii) The subject property is managed and operated in a prudent and competent manner, neither inefficiently, nor super-efficiently. (ix) The subject property and its use, management, and operation are in full compliance with all applicable federal, state, and local regulations, laws, and restrictions, including without limitation environmental laws, seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, and licenses. (x) The subject property is in full compliance with the Americans with Disabilities Act (ADA). CBRE is not qualified to assess the subject property’s compliance with the ADA, notwithstanding any discussion of possible readily achievable barrier removal construction items in the Report. (xi) All information regarding the areas and dimensions of the subject property furnished to CBRE are correct, and no encroachments exist. CBRE has neither undertaken any survey of the boundaries of the subject property, nor reviewed or confirmed the accuracy of any legal description of the subject property. Packet Page. 256 Assumptions and Limiting Conditions CBRE VALUATION & ADVISORY SERVICES 40 © 2024 CBRE, INC Unless otherwise expressly noted in the Report, no issues regarding the foregoing were brought to CBRE’s attention, and CBRE has no knowledge of any such facts affecting the subject property. If any information inconsistent with any of the foregoing assumptions is discovered, such information could have a substantial negative impact on the Report and any conclusions stated therein. Accordingly, if any such information is subsequently made known to CBRE, CBRE reserves the right to amend the Report, which may include the conclusions of the Report. CBRE assumes no responsibility for any conditions regarding the foregoing, or for any expertise or knowledge required to discover them. Any user of the Report is urged to retain an expert in the applicable field(s) for information regarding such conditions. 4. CBRE has assumed that all documents, data and information furnished by or on behalf of the client, property owner or owner’s representative are accurate and correct, unless otherwise expressly noted in the Report. Such data and information include, without limitation, numerical street addresses, lot and block numbers, Assessor’s Parcel Numbers, land dimensions, square footage area of the land, dimensions of the improvements, gross building areas, net rentable areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any error in any of the above could have a substantial impact on the Report and any conclusions stated therein. Accordingly, if any such errors are subsequently made known to CBRE, CBRE reserves the right to amend the Report, which may include the conclusions of the Report. The client and intended user should carefully review all assumptions, data, relevant calculations, and conclusions of the Report and should immediately notify CBRE of any questions or errors within 30 days after the date of delivery of the Report. 5. CBRE assumes no responsibility (including any obligation to procure the same) for any documents, data or information not provided to CBRE, including, without limitation, any termite inspection, survey or occupancy permit. 6. All furnishings, equipment and business operations have been disregarded with only real property being considered in the Report, except as otherwise expressly stated and typically considered part of real property. 7. Any cash flows included in the analysis are forecasts of estimated future operating characteristics based upon the information and assumptions contained within the Report. Any projections of income, expenses and economic conditions utilized in the Report, including such cash flows, should be considered as only estimates of the expectations of future income and expenses as of the date of the Report and not predictions of the future. This Report has been prepared in good faith, based on CBRE's current anecdotal and evidence-based views of the commercial real estate market. Although CBRE believes its views reflect market conditions on the date of this Report, they are subject to significant uncertainties and contingencies, many of which are beyond CBRE's control. In addition, many of CBRE's views are opinion and/or projections based on CBRE's subjective analyses of current market circumstances. Actual results are affected by a number of factors outside the control of CBRE, including without limitation fluctuating economic, market, and property conditions. Actual results may ultimately differ from these projections, and CBRE does not warrant any such projections. Further, other firms may have different opinions, projections and analyses, and actual market conditions in the future may cause CBRE's current views to later change or be incorrect. CBRE has no obligation to update its views herein if its opinions, projections, analyses or market circumstances later change. 8. The Report contains professional opinions and is expressly not intended to serve as any warranty, assurance or guarantee of any particular value of the subject property. Other appraisers may reach different conclusions as to the value of the subject property. Furthermore, market value is highly related to exposure time, promotion effort, terms, motivation, and conclusions surrounding the offering of the subject property. The Report is for the sole purpose of providing the intended user with CBRE’s independent professional opinion of the value of the subject property as of the date of the Report. Accordingly, CBRE shall not be liable for any losses that arise from any investment or lending decisions based upon the Report that the client, intended user, or any buyer, seller, investor, or lending institution may undertake related to the subject property, and CBRE has not been compensated to assume any of these risks. Nothing contained in the Report shall be construed as any direct or indirect recommendation of CBRE to buy, sell, hold, or finance the subject property. 9. No opinion is expressed on matters which may require legal expertise or specialized investigation or knowledge including, but not limited to, environmental, social, and governance principles (“ESG”), beyond that customarily employed by real estate appraisers. Any user of the Report is advised to retain experts in areas that fall outside the scope of the real estate appraisal profession for such matters. 10. CBRE assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for the Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. 11. Acceptance or use of the Report constitutes full acceptance of these Assumptions and Limiting Conditions and any special assumptions set forth in the Report. It is the responsibility of the user of the Report to read in full, comprehend and thus become aware of all such assumptions and limiting conditions. CBRE assumes no responsibility for any situation arising out of the user’s failure to become familiar with and understand the same. Packet Page. 257 Assumptions and Limiting Conditions CBRE VALUATION & ADVISORY SERVICES 41 © 2024 CBRE, INC 12. The Report applies to the property as a whole only, and any pro ration or division of the title into fractional interests will invalidate such conclusions, unless the Report expressly assumes such pro ration or division of interests. 13. The allocations of the total value estimate in the Report between land and improvements apply only to the existing use of the subject property. The allocations of values for each of the land and improvements are not intended to be used with any other property or appraisal and are not valid for any such use. 14. The maps, plats, sketches, graphs, photographs, and exhibits included in this Report are for illustration purposes only and shall be utilized only to assist in visualizing matters discussed in the Report. No such items shall be removed, reproduced, or used apart from the Report. 15. The Report shall not be duplicated or provided to any unintended users in whole or in part without the written consent of CBRE, which consent CBRE may withhold in its sole discretion. Exempt from this restriction is duplication for the internal use of the intended user and its attorneys, accountants, or advisors for the sole benefit of the intended user. Also exempt from this restriction is transmission of the Report pursuant to any requirement of any court, governmental authority, or regulatory agency having jurisdiction over the intended user, provided that the Report and its contents shall not be published, in whole or in part, in any public document without the written consent of CBRE, which consent CBRE may withhold in its sole discretion. Finally, the Report shall not be made available to the public or otherwise used in any offering of the property or any security, as defined by applicable law. Any unintended user who may possess the Report is advised that it shall not rely upon the Report or its conclusions and that it should rely on its own appraisers, advisors and other consultants for any decision in connection with the subject property. CBRE shall have no liability or responsibility to any such unintended user. Packet Page. 258 Addenda CBRE VALUATION & ADVISORY SERVICES 42 © 2024 CBRE, INC Addenda Packet Page. 259 Addenda CBRE VALUATION & ADVISORY SERVICES 43 © 2024 CBRE, INC Addendum A Land Sale Data Sheets Packet Page. 260 Sale Land - Residential Subdivision No. 1 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Topography Zoning Entitlement Status Proposed Use or Development Linden Avenue 10719 Linden Avenue Bloomington, CA 92316 San Bernardino 0257-021-28 & 0257-031-35 11.250 ac/ 490,050 sf 11.250 ac/ 490,050 sf Raw All available to site 162 / 14.40 Irregular 60 ft on Linden Ave Level, At Street Grade RS-20M / RM Tentative Tract 181-unit townhouse development Transaction Details Type Sale Primary Verification Listing Broker Interest Transferred Fee Simple Transaction Date 01/09/2024 Condition of Sale None Recording Date 01/09/2024 Buyer Type Developer Sale Price $1,750,000 Recorded Seller Nakano Family Trust Financing All Cash Marketing Time N/A Cash Equivalent $1,750,000 Listing Broker Todd Launchbaugh, Lee & Associates, 909- 373-2911 Capital Adjustment $0 Doc #24-0007321 % Interest Purchased 100% Adjusted Price $1,750,000 Adjusted Price / ac and / sf $155,556 / $3.57 Adjusted Price/ FAR N/A Adjusted Price/ Unit $10,802 Comments This is the sale of an 11.25 acre site located on the east side of Linden Avenue within the unincorporated community of Bloomington. The site has a narrow access point from Linden Avenue. However, the buyer also purchased an adjacent parcel to the east that was owned by the San Bernardino Flood Control District in a separate transaction, which provides additional access from Santa Ana Avenue. The listing broker, Todd Launchbaugh with Lee & Associates, indicated the property was in escrow for approximately 18 months. During this time, the buyer obtained approvals for a zone change from RS-20M, which allows a minimum lot size of 20,000 square feet or 2.18 units per acre, to RM. The buyer also obtained approvals for a 181-unit townhouse development. According to the San Bernardino County's Planning Commission's Staff Report, the total project size is 12.6 acres. This results in a density of 14.37 units per acre. We have estimated a total of 162 units as the pro-rata share for this sale property. The listing broker indicated the sale closed once the buyer obtained approvals for their proposed project. The surroundings are primarily single-family residences. Packet Page. 261 Sale Land - Planned Development No. 2 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Topography Flood Zone Class Flood Panel No./ Date Zoning Entitlement Status Proposed Use or Development Piedmont Park Estates Piedmont Drive San Bernardino, CA 92346 San Bernardino 1199-671-13-0000 6.790 ac/ 295,772 sf 6.790 ac/ 295,772 sf Raw To Site 51 / 7.51 Irregular 500 ft on Piedmont Avenue Rolling Zone X (Unshaded) 06071C7965H/ Aug 2008 RM - Residential Medium Tentative Tract 51-unit mobile home park Transaction Details Type Sale Primary Verification CBRE Files and CoStar Interest Transferred Fee Simple Transaction Date 12/01/2023 Condition of Sale Arm's length Recording Date 12/01/2023 Buyer Type Developer Sale Price $2,800,000 Recorded Seller CommStar, L.P.Financing Market Rate Financing Marketing Time N/A Cash Equivalent $2,800,000 Listing Broker N/A Capital Adjustment $0 Doc #2023-0297635 % Interest Purchased 100% Adjusted Price $2,800,000 Adjusted Price / ac and / sf $412,371 / $9.47 Adjusted Price/ FAR N/A Adjusted Price/ Unit $54,902 Comments This is the sale of a vacant parcel, located on the east side of Piedmont Drive, north of Highland Avenue, in the city of San Bernardino. The property was zoned RM - Residential Medium which allows up to 12 units per acre. During escrow the buyer submitted plans for a 51-unit mobile home park project, including a clubhouse and a pool. The proposed project results in a density of 7.51 units per acre. The surroundings include a mobile home park to the north, single-family residences to the west and a shopping center anchored by Walmart to the south. Packet Page. 262 Sale Land - Single Unit Residential No. 3 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Min Land Bldg Ratio Shape Primary Frontage Topography Zoning Entitlement Status Proposed Use or Development Residential Land 19485 Spring Street Riverside (unincorporated Riverside County), CA 92507 Riverside Multiple 27.150 ac/ 1,182,654 sf 27.150 ac/ 1,182,654 sf Raw All available to site 357 / 13.15 N/A Irregular 1,250 ft on Spring St Level, At Street Grade MU, Mixed Use Fully Entitled/Planning Permissions 357 unit development Transaction Details Type Sale Primary Verification CoStar Interest Transferred Fee Simple Transaction Date 07/11/2023 Condition of Sale Off-market Recording Date 07/11/2023 Buyer Type N/A Sale Price $5,996,500 Recorded Seller High Grove Village LLC Financing Market Rate Financing Marketing Time N/A Cash Equivalent $5,996,500 Listing Broker None Capital Adjustment $0 Doc #0201740 % Interest Purchased 100% Adjusted Price $5,996,500 Adjusted Price / ac and / sf $220,866 / $5.07 Adjusted Price/ FAR N/A Adjusted Price/ Unit $16,797 Comments This represents a 27.15-acre site that consists of seven parcels in unincorporated Riverside county. It's zoned MU (Mixed Use) and sold in an off- market transaction. The buyer submitted plans for a total of 846 townhouses over 65 acres while the property was in escrow. The project includes land on both the north and south side of Spring Street. Out of the 846 units, 357 units are planned on the sale property, resulting in a density of 13.15 units per acre. They plan to construct the units over two phases. The north side of Spring Street includes the first phase, while the sale property is the second phase as it is on the south side of Spring Street. The surroundings include single-family residences to the east and west, vacant land and a residential project under construction to the north (Highgrove Town Center by Lennar, which is a portion of Phase 1) and industrial uses to the south. Packet Page. 263 Sale Land - Multi Unit Residential No. 4 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Secondary Frontage Topography Flood Zone Class Flood Panel No./ Date Zoning Entitlement Status Proposed Use or Development Greenspot Village St - PA 3 7820-7822 Boulder Avenue Highland, CA 92346 San Bernardino Multiple 12.530 ac/ 545,807 sf 12.530 ac/ 545,807 sf Finished To Site 272 / 21.71 Irregular 760 ft on Boulder Avenue 80 ft on Webster St Generally Level Zone X (Unshaded) 06071C8702H/ Aug 2008 PD Final Tract 272 For Lease Townhouses Transaction Details Type Sale Primary Verification Les Whittlesey - WD Land - (949) 789- 4555 X14 Interest Transferred Fee Simple Transaction Date 12/30/2022 Condition of Sale 1031 Exchange Recording Date N/A Buyer Type Developer Sale Price $6,000,000 Recorded Seller Greenspot Village & Marketplace LLC/ Loma Linda Village Center LLC Financing All Cash Marketing Time 2 Month(s)Cash Equivalent $6,000,000 Listing Broker Les Whittlesey - WD Land - (949) 789-4555 X14 Capital Adjustment $0 Doc #2023-0008561 % Interest Purchased 100% Adjusted Price $6,000,000 Adjusted Price / ac and / sf $478,851 / $10.99 Adjusted Price/ FAR N/A Adjusted Price/ Unit $22,059 Comments This represents the sale of four parcels that total approximately 12.53-acres. Les Whittlesey of WD Land indicated that the site sold to a developer as part of a 1031 exchange. The buyer plans to develop 272 residential units at this site. The buyer also owns the adjacent property to the south, which they purchased in 2019. The buyer obtained entitlements for a total project of 472 townhouses called San Carlo Apartment Homes. The first phase includes 200 units on the property to the south. This part of the project has also been constructed and is currently being offered for lease. Mr. Whittlesey verified the sale price of $6,000,000. Packet Page. 264 Sale Land - Residential Subdivision No. 5 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Topography Zoning Entitlement Status Proposed Use or Development 95 SFR lot development 1795 W Highland Ave San Bernardino, CA 92411 San Bernardino 0143-191-59 10.100 ac/ 439,956 sf 10.100 ac/ 439,956 sf Raw All available to site 95 / 9.41 L Shaped 450 ft on Highland Ave Generally Level CG-1 Fully Entitled/Planning Permissions 95 SFR development Transaction Details Type Sale Primary Verification CoStar Interest Transferred Fee Simple Transaction Date 12/28/2022 Condition of Sale None Recording Date 12/28/2022 Buyer Type Developer Sale Price $2,925,000 Recorded Seller Positive Invesments, Inc.Financing All Cash Marketing Time N/A Cash Equivalent $2,925,000 Listing Broker N/A Capital Adjustment $0 Doc #N/A % Interest Purchased 100% Adjusted Price $2,925,000 Adjusted Price / ac and / sf $289,604 / $6.65 Adjusted Price/ FAR N/A Adjusted Price/ Unit $30,789 Comments This is the sale of a 10.1-acre lot located on the south side of Highland Avenue, within the city of San Bernardino. The site was zoned CG-1 at the time of sale. The buyer, Warmington Group of Companies, entitled the site during escrow. The buyer obtained entitlements for 95 single-family residential lots and nine lots for community amenities and improvements. This results in a density of 9.41 units per acre. The project is currently under construction. The surroundings include commercial uses to the north, a mobile home park to the east, vacant land to the west, and single- family residences to the south. Packet Page. 265 Sale Land - Multi Unit Residential No. 6 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Topography Zoning Entitlement Status Proposed Use or Development 4009-4015 Newmark Ave 4009-4015 Newmark Ave San Bernardino, CA 92407 San Bernardino 0271-031-03 & -04 1.515 ac/ 65,971 sf 1.515 ac/ 65,971 sf Raw All available to site 30 / 19.81 Rectangular 256 ft on Newmark Ave Generally Level RM, Multiple Residential None MFR Development Transaction Details Type Sale Primary Verification Listing Broker Interest Transferred Fee Simple Transaction Date 05/13/2022 Condition of Sale None Recording Date 05/13/2022 Buyer Type Private Investor Sale Price $365,000 Recorded Seller Community Bible Church Financing Cash to Seller Marketing Time 2 Month(s)Cash Equivalent $365,000 Listing Broker Bryant Brislin, Hoffman Company, 714-814- 5624 Capital Adjustment $0 Doc #22-0179792 % Interest Purchased 100% Adjusted Price $365,000 Adjusted Price / ac and / sf $241,004 / $5.53 Adjusted Price/ FAR N/A Adjusted Price/ Unit $12,167 Comments This is the sale of two parcels of vacant land which total 1.51 acres. The site is located within an unincorporated area of San Bernardino and is zoned RM, which allows a maximum of 20 units per acre. We confirmed the sale with the listing broker, Bryant Brislin with the Hoffman Company. He indicated the property was unentitled at the time of sale. He stated the buyer plans to construct garden-style apartments, but he did not know how many units the buyer planned. To the best of our knowledge, no plans have been submitted to the County of San Bernardino. The surrounding uses include a mixture of single-family residences and small multifamily properties. The property is also adjacent to a church. Packet Page. 266 Sale Land - Multi Unit Residential No. 7 Property Name Address County Govt./Tax ID Area Measurement(NRA) Land Area Net Land Area Gross Site Development Status Utilities Max Allow Bldg Units/Density Shape Primary Frontage Topography Zoning Entitlement Status Proposed Use or Development South side of Lynwood Dr, Between Golden Ave & Mountain Ave South side of Lynwood Dr, Between Golden Ave & Mountain Ave San Bernardino, CA 92404 San Bernardino 0155-151-20 1.140 ac/ 49,658 sf 1.140 ac/ 49,658 sf Raw All available to site 35 / 30.70 Rectangular 110 ft on Lynwood Dr Generally Level RH, Residential High None Multifamily development Transaction Details Type Sale Primary Verification CoStar, Public Records, Deed Interest Transferred Fee Simple Transaction Date 01/14/2022 Condition of Sale None Recording Date 01/14/2022 Buyer Type Private Investor Sale Price $225,000 Recorded Seller Suhail Kinan & Naief Husein Khalil Financing N/A Marketing Time 25 Month(s)Cash Equivalent $225,000 Listing Broker Jerry Tomeo, MGR Real Estate, 909-996- 8877 Capital Adjustment $0 Doc #22-0019210 % Interest Purchased 100% Adjusted Price $225,000 Adjusted Price / ac and / sf $197,368 / $4.53 Adjusted Price/ FAR N/A Adjusted Price/ Unit $6,429 Comments This is the sale of a 1.14-acre parcel located on the south side of Lynwood Drive, within the city of San Bernardino. The site was vacant at the time of sale. It is zoned RH, which allows a maximum density of 31 units per acre. The site was unentitled at the time of sale. Based on the zoning development standards, a maximum of 35 units are allowed on the property. However, according to the City Planning's website, the last plans were submitted in 2008 and they were for an 18-unit project (15.78 units per acre). There were also plans submitted in 2007 for a 28-unit project (24.54 units per acre). The surroundings include a mobile home park to the north, apartments to the west, single-family residences to the south and vacant land to the east. Packet Page. 267 Addenda CBRE VALUATION & ADVISORY SERVICES 44 © 2024 CBRE, INC Addendum B Subject Mapping Packet Page. 268 $+$+$+$+$+$+$+ !? !? Antil Plant ANTIL 5 WELL ANTIL 6 WELL CITY OF RIVERSIDECITY OF RIVERSIDE Navigation Center 6TH ST UN N A M E D A C R D PE D L E Y R D WARD ST PE D L E Y R D Legend !?Wells $+Pump Boosters Future Pipeline Mainline Centerlines Old Antil Plant (~13.78 Acre) 25' Easement (~53,886.56 Sq Ft) Modified Antil Plant (~10,585.61 Sq Ft) µModified Antil Plant Site and Easements Packet Page. 269 Addenda CBRE VALUATION & ADVISORY SERVICES 45 © 2024 CBRE, INC Addendum C Qualifications Packet Page. 270 1 ©2023 CBRE, INC. PROFILES VALUATION & ADVISORY SERVICES Jerardo Arciniega, MAI Vice President Encino, CA E Jerardo.Arciniega@cbre.com Jerardo Arciniega is a Vice President for CBRE's Valuation & Advisory Services (VAS). Mr. Arciniega has been appraising real property since 2005. He has extensive experience in real estate analysis, data collection and studies including interviewing buyers, sellers, brokers and tenants with regard to the details of transactions and market conditions, as well as report writing for narrative appraisal assignments concerning all major real estate categories. He has experience in valuing a variety of property types including retail, office, and industrial buildings, apartments, single-family residences, mobile home parks, gas stations, nurseries, renewable energy sites, self-storage facilities, and special purpose properties. He has worked on many high-profile right-of-way projects, including the Los Angeles Metro Purple Line expansion, the State Route-91 Corridor Improvement Project, among many others. His work also encompasses litigation support related to potential value diminution, eminent domain, and other issues. He has successfully appraised properties for various client groups such as public agencies (Los Angeles Department of Water and Power, Metropolitan Water District, Metropolitan Transportation Authority, cities of Riverside, Culver City, and South Gate), financial institutions, law firms, and individual property owners. In addition, he has represented property owners in assessment appeal cases. Jerardo was previously an Associate Director at integra Realty Resources – Los Angeles. Representative Appraisal Assignments ‒ The valuation of three properties in Century City for the Los Angeles County Metropolitan Transportation Authority. The assignments included partial and full acquisition as part of the Purple Line Subway Extension Project; ‒ The valuation of a single-family residence in Beverly Hills as part of an Assessment Appeal case. Mr. Arciniega represented an out-of-state property owner at the hearing and the assessment of the property was reduced by over thirty-five percent. ‒ The appraisal of an approximately 4,250-acre property improved with a vehicle test track facility. The assignment included a highest and best use analysis, including the possibility of renewable energy redevelopment; ‒ A valuation assignment of approximately 140 properties in the Mojave Desert for partial and full acquisition. Pro Affiliations / Accreditations ‒ Member: Appraisal Institute (MAI No. 480323) ‒ Licensed: California Certified General Real Estate Appraiser No. AG042445 ‒ Member: International Right of Way Association Education ‒ B.A., Economics (Cum Laude), California State University, Northridge Packet Page. 271 2 ©2023 CBRE, INC. PROFILES ‒ A valuation of 70 easements and partial takings in Burbank. The take areas primarily consisted of land under public rights- of-way. The Across-the-Fence valuation method was utilized. ‒ A valuation of 11 properties throughout Los Angeles County including high-rise office buildings, industrial buildings, and a golf course, as part of an analysis of Proposition 8 Assessment reductions. ‒ A valuation assignment of 40 service stations throughout Los Angeles, Orange, Ventura and San Bernardino counties. ‒ A valuation for the U.S. Department of Justice in a case involving the acquisition of four sections of land in Imperial County which was leased to the United States and used as part of a bombing range. ‒ The valuation of the leasehold estate of three properties situated in Marina Del Rey. The analysis included researching rental rates and occupancy rates for boat slips and dry storage lots, as well as sales and leases of restaurant, retail, and office space. ‒ The valuation of Banning Ranch in Newport Beach, which is one of the largest undeveloped sites in Orange County. The property included a residential development component, wetlands, and open space. The valuation required multiple various zones of value. ‒ The valuation of the former Carousel Mall site in San Bernardino. The property was vacant for several years and the City of San Bernardino planned to redevelop the property with a mixed-use development. Packet Page. 272 ©2023 CBRE, INC. PROFILES VALUATION & ADVISORY SERVICES Beth B. Finestone, MAI, AI-GRS, FRICS, CRE Executive Vice President Los Angeles, CA T +1 818 290 5455 E Beth.Finestone@CBRE.com Professional Experience Beth B. Finestone, MAI, AI-GRS, FRICS, CRE, is an Executive Vice President for CBRE's Valuation & Advisory Services (VAS). She has been appraising in Southern California since 1981, specializing in valuation and consulting services related to public agency and right-of-way clients and for major investment-grade commercial properties and special purpose properties. She also has extensive expertise in valuing large tracts of land for conservation, mitigation and other purposes. Ms. Finestone’s clients include public agencies, right-of-way firms, lenders, institutional investors, major corporations, law firms, and individual property owners. Her services include a wide range of specialized studies including ground lease rent studies, partial interest acquisitions, value diminution (from both internal and external influences), market demand, feasibility, severance damages and project benefits, investment analysis, assessment allocation, reuse analysis, and the valuation of partial interests including leasehold, leased fee, possessory interests, and minority interests. She is experienced in valuing full and partial acquisitions related to eminent domain actions. These services include the valuation of fee acquisitions, permanent and temporary easements, including the appraisal of railroad and other types of corridors, pipeline easements and transmission line easements. She has been a featured speaker at Appraisal Institute, International Right of Way, and legal functions. She was the 2019 President of the Southern California Chapter of the Appraisal Institute, the largest chapter in the country. Beth was previously a Managing Director for and a principal of Integra Realty Resources – Los Angeles. In addition, she was the Executive Director of Integra Realty Resources – Orange County. During her career, she has held senior positions with Finestone & Associates and Cushman & Wakefield. Professional Affiliations / Accreditations ‒ Member: Appraisal Institute ‒ Designation: Appraisal Institute – General Review Specialist (AI-GRS) ‒ Fellow: Royal Institution of Chartered Surveyors ‒ Member: The Counselors of Real Estate ‒ Member: International Right of Way Association ‒ License: California State Certified General Real Estate Appraiser ‒ Certified: Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) Education ‒ M.B.A., Pepperdine University ‒ B.S., Kinesiology, University of California, Los Angeles ‒ Certified by the Appraisal Institute’s program of continuing education for its designated members. Packet Page. 273 ©2023 CBRE, INC. PROFILES Recognition  Los Angeles Business Journal 2009 Nominee for Executive of the Year – Women Making a Difference, May 2009  Designated one of Real Estate Southern California’s 2006 Women of Influence, October 2006 Seminar Presentations  Corridors, Crops & Condemnation (IRWA National Conference in San Diego, June 2015)  Eminent Domain Appraisals: Pitfalls & Value-Added Services (RICS – Southern California Chapter, CPD Presentation, April 16, 2015)  Government Buildings (Appraisal Institute, Special Purposes Seminar, July 15, 2014)  The Trouble with Ignoring Building Code Violators (SCCAI 43rd Annual Litigation Seminar, Moderator, November 15, 2013)  Conflicting Mandates & Instructions Between USPAP, Yellow Book, & Caltrans Appraisal Guidelines (IRWA Annual Valuation Seminar, April 24, 2012)  Current Issues in Real Estate Appraisal (Lorman Education Services, live audio conference, March 8, 2012)  The Role of the Appraiser in Construction Defect Litigation: Measuring Damages from Construction Defects (MCLE- approved presentation, January 11, 2012, March 4, 2010, and February 10, 2010) Expert Testimony Ms. Finestone has qualified as an expert witness in real estate matters and has testified before:  Superior Courts: Los Angeles and Orange Counties  Arbitration Hearings: Los Angeles County  Tax Appeal Boards: Los Angeles and San Diego Counties Representative Appraisal Assignments  Appraisal of 50+ single-family residences (SFRs) impacted by the I-405 Widening Project in Costa Mesa. The acquisitions all involve temporary construction easements (TCEs). This assignment required an analysis of temporary severance damages due to impacts to rear yards as well as a valuation of all site improvements in the TCE areas. Appraisal of 50+ commercial properties impacted by various types of partial acquisitions related to the I-405. Some of the appraisals were extremely complex with significant severance damage studies required.  Multiple appraisal assignments for LACMTA included:  Appraisal of a 1.25-acre parcel improved with a Class A, 12-story, medical office building constructed circa 1962, an adjacent one-story bank building and an attached four-story parking structure known as the Westwood Medical Plaza. It is located along the proposed Purple Line Subway Extension Project Corridor, specifically on the northeast corner of Wilshire Boulevard and Westwood Boulevard in the Westwood neighborhood within the City of Los Angeles. As part of this project, LACMTA is seeking acquire various permanent and temporary property interests, and to relocate existing tenants within the subject property. The purpose of this appraisal was to estimate the fair market value of the property interests (Parts Taken) to be acquired from the Larger Parcel and to make a determination as to the impact of the proposed acquisitions on the Remainder Parcel.  Appraisal of Wilshire Federal Building: Appraisal of a deep tunnel easement on the Wilshire frontage of the Federal Building as part of LACMTA’s Purple Line extension. Consideration was given to the redevelopment potential of the site and the benefits to the remainder, as well as to the value of the parts taken.  Appraisal involving the valuation of partial acquisitions impacting the Westfield Mall in Century City as part of LACMTA’s Purple Line extension. This assignment was challenging with respect to valuing the underlying land associated with the larger parcel. The property is unique due to its location and its size. Complexities involved determining the number of trips allocated to the site as this in part drives land value. Again, consideration was given to damages and benefits, as well as to the value of the parts taken. Packet Page. 274 ©2023 CBRE, INC. PROFILES  Appraisal of numerous surface and subsurface acquisitions were required on the Veteran’s Administration property for the construction of a subway station and tunnel easements for LACMTA’s Purple Line. Significant research was required relative to the VA specific plan and the highest and best use of the property. Consideration was given to damages and project benefits as well as the value of the parts acquired.  Appraisal of 50± miles of pipeline easement running through UPRR and BNSF rail corridors in Urban Los Angeles.  Multiple appraisal assignments for RCTC included:  Appraisal of parcels under more than 50 separate ownerships affected by acquisitions and easements for the SR-91 Corridor Improvement Project through the City of Corona. The complete summary appraisal reports and appraisal summary statements included a valuation of the properties in the before and after condition. Some of the properties had significant severance damage analyses due to loss of building improvements, parking, loading, etc.  City of Riverside 69 kV Electrical Transmission Line Project: Initially valued 22 residential and commercial properties in the City of Riverside. These properties all had a three-foot-wide partial taking along their frontage to accommodate the construction of a 69 kV transmission line. This represented Phase One of this assignment. Phase Two involved the partial taking of land over seven properties owned by UCR for the construction of a transmission line. The final phase involved approximately 100 properties of various types which were impacted by partial acquisitions for the construction of a transmission line. The final phase involved approximately 90 properties of various types which will be impacted by partial takes for the construction of a transmission line.  Appraisal of in excess of 75 private properties on behalf of CHSRA. The property types included agricultural, commercial and residential. Most of the appraisals involved partial acquisitions. In addition, Ms. Finestone completed the appraisal of over 50 railroad corridor properties in conjunction with the high-speed rail project.  Appraisal of the Del Mar Fairgrounds, Racetrack, and Horsepark (450 acres of land and over 1,000,000 square feet in improvements) for the California Department of General Services.  Completed an appraisal of a property that represents one of the largest parcels of undeveloped and unprotected coastal property in Southern California (Banning Ranch). Much of the site had been occupied by oil operations since the 1940’s. The appraisal of this property was very complex in that the highest and best use of the property was not clear at the onset of the assignment. This property consists of degraded wetlands, open space, and a small area with the potential for residential development. The goal of this project was to prepare an appraisal for acquisition purposes such that the buyer and seller could agree on a purchase price and put the property under contract.  West Coyote Hills: Appraised Neighborhoods 1 and 3 of Vested Tentative Tract Map (VTTM) 17609. This is commonly referred to as Neighborhoods 1 and 3 of the West Coyotes Hills Property. Neighborhood 1 consists of 10.4± acres and was proposed for development with 16 residential units. Neighborhood 3 is 13.7± acres and was proposed for development with 59 residential units. Neighborhoods 1 and 3 were valued separately. The intended users of the report were the California State Coastal Conservancy, City of Fullerton, Wildlife Conservation Board, Rivers and Mountains Conservancy, California Department of Parks and Recreation, California Natural Resources Agency, and the US Fish and Wildlife Service. This report was prepared to Federal Standards in conformance with Yellow Book guidelines and the acquisition was made based on our appraisal.  Appraisal in Fresno County for the State Department of Water Resources, which included 22 permanent flowage easements and three partial fee acquisitions. Some of the proposed flowage easements overlapped existing road and utility easements which had to be considered. Due to the nature of the flowage easements, substantial severance damages accrued to the remainder parcels which had to be considered. This assignment also included the consideration of orchard and crop values.  Multiple appraisal assignments for the U.S. Department of the Interior, Appraisal and Valuation Services Office (AVSO) prepared to Federal Standards in accordance with Yellow Book guidelines. These were for acquisition purposes related to the San Joaquin River Restoration Project and for the acquisition land to be acquired for National Wilderness areas. Packet Page. 275 CBRE Valuation & Advisory Services Delivering more than just a number At CBRE, we offer more than expert appraisal services, we consult and advise to help you see the full picture of a property or portfolio. Valuation & Appraisal Understand all aspects of value − Lending & Debt Valuations − Portfolio Valuations − Institutional Fund Valuations − Litigation Support & Testimony − Right-of-Way & Eminent Domain − Evaluations/Alternative Valuations Assessment & Consulting Understand all aspects of value − Property Condition Assessments − Environmental Site Assessments − Land Surveying − Seismic Risk Analysis − Radon, Asbestos, Indoor Air Quality − Zoning Reports & Compliance Property & Transaction Tax Understand all aspects of value − Assessment Reviews & Appeals − Real Estate Transaction Tax − Property Tax Payment Services − Pre-Acquisition Due Diligence − Pre-Construction Due Diligence − Budgeting & Accruals Quality You Can Count On Reliable valuations depend on accurate insights. Our quality and risk management (QRM) framework ensures the highest-quality reports and analyses, giving you confidence in our calculations. Upfront conflict and qualification checks Embedded risk detection and leadership reviews Landmark training, practice guidelines and governance Dedicated, global team of QRM experts Industry-leading people, data and technologies Experience You Can Trust CBRE is the global leader in commercial real estate services, with more than 100 years of industry experience. We provide unmatched market coverage and sector expertise across every dimension of our Valuation & Advisory Services, delivering insights you can’t get anywhere else 90+ U.S. Valuation Offices 80K+ U.S. Yearly Assignments 600k+ Global Yearly Assignments 200+ Global Valuation Offices cbre.com/appraisal cbre.com/assessment cbre.com/propertytax Packet Page. 276 2 4 8 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; C. Jeannie Fortune, Interim Director of Finance and Management Services Department:Finance Subject:Purchasing Card Report for FY 2022/23 & FY 2023/24 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the Purchasing Card Report for FY 2022/23 & FY 2023/24. Executive Summary This action is to approve the Purchasing Card Report. This is regular business of the Mayor and City Council ensuring that the City reports with full transparency for the community. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval on a regular basis for the most recently completed disbursement registers. The Purchasing Card Report had historically not been included in the monthly item due to purchase cards being a new process implemented within the City as of 2023. As of July 2024, the Purchase Card Reports are included in the commercial and payroll disbursement items that are approved by the Mayor and City Council. Discussion The reports attached are for all purchases made with Purchasing Cards for the full fiscal years of 2022/23 and 2023/24. Below is the summary of charges by fund for the full fiscal year. The attached has detail of charges per department. Packet Page. 277 2 4 8 6 2021-2025 Strategic Targets and Goals Approval of the Purchasing Card Reports align with Key Target No. 1: Imrpvoed Operational & Financial Capacity by creating a framework for spending decisions. Packet Page. 278 2 4 8 6 Fiscal Impact Amounts listed in the Purchasing Card Report were paid consistent with existing budget authorization for each respective fiscal year. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the Purchasing Card Report for FY 2022/23 & FY 2023/24. Attachments 1. 2022-23 Payments to Wells Fargo 2. 2023-24 Payments to Wells Fargo Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 279 Fund Amount 001 - General 586,975 111 - AB2766 Air Quality 372 119 - Community Development Block Grant 4,513 123 - Federal Grant Programs 23,766 124 - Animal Control 12,060 126 - Gas Tax Fund 4,775 129 - Measure I 813 131 - CDBG-CV 1 557 247 - Cultural Development Construction 15,261 264 - Regional Circulation System 608 629 - Liability Insurance Fund 1,907 635 - Fleet Services Fund 3,537 678 - Workers Compensation 1,927 679 - Information Technology 16,235 Grand Total 673,306 City of San Bernardino Purchasing Card Charges by Department FY2022-23 Expenditures Summary by Fund Packet Page. 280 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 001 - General Mayor 5111 - Material And Supplies CERTIFICATE FRAME 17$ FRAME FOR WARD MAP 40$ TABLECLOTH CLEANING AFTER SWEARING-IN CEREMONY 105$ To frame the Council Wards Map for the Mayor's Office.151$ 5122 - Dues And Subscriptions Mayor Tran's ICSC Membership from 2023-2026 - 4/0/20/23 338$ Zoom Subscription 6$ 5132 - Meetings And Conferences 2022 ANNUAL CONFERENCE AND EXPO REGI 600$ 2023 CITY LEADERS SUMMIT - APRIL 12-13, 2023, MAYOR 238$ 2023 CITY LEADERS SUMMIT - REGISTRATION FEE - MARCH 24-29, 2023 625$ 61st Annual Headdress Ball - 4/28/23 (Mayor Tran)160$ Balloons for Swearing-In Ceremony 8$ CITY BUSINESS RE: AB349 WITH ASSEMBLY MEMBER 649$ CITY COUNTY 2023 CONF - MAY 18-19, 2023, Mayor 260$ City County Conference - 5/18/23-5/19/23 - Mayor Tran 233$ Flight for Mayor 922$ Flight Reservation to NLC City Conference for Mayor .752$ Hotel in DC - Mayor 1,791$ Hyatt Regency - April 12-13, 2023 - Mayor 2023 City Leaders 296$ ICSC Conference - Las Vegas, NV 5/21/23-5/23/23 (HT) - 5/18/23 474$ ICSC Conference - Las Vegas, NV 5/21-5/23 (HT) - 5/18/23 975$ ICSC Conference Hotel/Embassy Suites - Las, Vegas, NV 5/21/23-5/641$ LEAGUE OF CA CITIIES SO CAL NEW MAYORS REGISTRATION 625$ LEAGUE OF CALIFORNIA CITIES NEW MAYORS ACADEMY FEBRUARY 1-3 HOTE 35$ LEAGUE OF CALIFORNIA CITIES NEW MAYORS ACADEMY FEBRUARY 1-3, 202 231$ Lunch meeting on 5/10/23 75$ LUNCH MEETING WITH CONGRESSMAN PETE AGUILAR 62$ Mayor attended Fontana State of the City.50$ MCC SWEARING IN CEREMONY 12/21 PAPER GOODS 42$ MCC SWEARING IN CEREMONY COFFEE URN 69$ NATIONAL LEAGUE OF CITIES CONGRESSIONAL REG 515$ NLC City Conference in Washington DC. Cancelled original flight (752)$ NLC City Summit Nov 2022 Registration 670$ NLC CONGRESSIONAL CITY CONFERENCE - MARCH 24-29, 2023 592$ Office refreshments 27$ Packet Page. 281 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges SBC State of the County 2022 registration 50$ US Mayor's Conference 6/2/23-6/5/23 1,500$ 5133 - Education And Training New Mayor Academy Training Insurance-Mayor 16$ Mayor Total 13,090$ City Council 5111 - Material And Supplies PAPER GOODS FOR MCC Mtg 6/15 & CHIEF'S SWEARING IN CERE 93$ 5132 - Meetings And Conferences Car rental for Council Member to attend 2022 League 367$ Council Meeting 04/19/2023 Council Dinners 223$ Dinner during Closed Session.225$ Dinner for MCC meeting March 1 2023.262$ Dinner for MCC meeting on February 15 2023.150$ Dinner for MCC Special Meeting Budget Workshop May 9 2023.206$ DINNER FOR SPECIAL MEETING OF THE MCC 01/17 84$ Drinks for Mayor and Council Meetings 11$ Maui Hawaiian BBQ - Council Dinners for 05-17-23 Mtg 194$ MAYOR AND COUCIL MEETING DINNER FOR SPECIAL MCC 195$ MAYOR AND COUNCIL DINNER FOR MCC MEETING 1/18/23 160$ Mayor and Council Meeting Closed Session meal 19$ MAYOR AND COUNCIL MEETING DINNER FOR FEBRUARY 1 2023 MCC MEETING 261$ MCC 12-21-22 SWEARING IN - REFRESHMENTS 90$ MCC CLOSED SESSION DINNER DECEMBER 7 2022 221$ MCC CLOSED SESSION DINNER MEETING ON 12/14 112$ MCC JUNE 15 2022 MEETING -DINNER FOR CLOSED SESSION 257$ MCC JUNE 1-MEAL DURING CLOSED SESSION 178$ MCC meeting 09/21 Dinner for Closed Session 171$ MCC Meeting 10/19/22 Closed Session Dinner 122$ MCC meeting 10/5/22 - Closed Session Dinner 150$ MCC meeting 11/02/2022 Closed Session Dinner 189$ MCC meeting August 17 Closed Session 201$ MCC meeting November 16th Closed Session Dinner.228$ MCC SWEARING IN 12-21-22 PAPER GOODS RETURN (16)$ MCC SWEARING IN CEREMONY REFRESHMENTS 58$ MCCl Meeting August 3 Dinner 175$ Nonna's Pizza - May 3, 2023, Council Dinners 173$ Special Closed Session Meeting 10/11/22 -Dinner 233$ Packet Page. 282 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Special Workshop for MCC -Dinner 142$ Spirit of Texas - 04-26-23 MCC Special Mtg 245$ 5133 - Education And Training Book ordered for Councilman -The Death and Life 19$ Book purchase for Councilmember 32$ Book -See Change Clearly for Council 25$ Councilmember attended an ethics training offered by Bes 75$ 5142 - Meetings And Conferences - Ward 1 REG FOR COUNCILMEMBER TO PARTICIPATE IN RACE 65$ 5143 - Meetings And Conferences - Ward 2 LEAGUE OF CITIES CONFERENCE MARCH 26 515$ National League of Cities City Summit Conference 501$ 5144 - Meetings And Conferences - Ward 3 NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONF 515$ 5145 - Meetings And Conferences - Ward 4 2023 CITY COUNTY CONFERENCE - MAY 18-19, 2023, COUNCIL MEMBER 260$ 5147 - Meetings And Conferences - Ward 6 2023 CITY LEADERS SUMMIT - REGISTRATION FEES FOR 2 COUNCIL MEMBE 625$ Champions of Choice Event Registration 75$ CITY COUNTY 2023 CONFERENCE - MAY 18-19, 2023, COUNCIL MEMBER 260$ Councilmember Calvin's registration for Making Hope Happen 25$ IECF Event 10/09/22 - Registration for Council 50$ League of California Cities African American Caucus 100$ League of California Cities Womens Caucus Membership 100$ NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONF 515$ SB County State of the County Registration fees for 100$ Virtual Speed Networking-Council Member 10$ 5148 - Meetings And Conferences - Ward 7 2022 ANNUAL CONFERENCE AND EXPO REGIST 420$ 2023 CITY LEADERS SUMMIT - REGISTRATION FEES FOR 2 COUNCIL MEMBE 625$ ASSISTANCE LEAGUE OF SAN BERNARDINO - 61st ANNUAL SIGNATUREHEADD 150$ CITY COUNTY 2023 CONFERENCE - MAY 18-19, 2023, COUNCIL MEMBER 260$ DR MARTIN LUTHER KING JR AWARDS DINNER AND GALA REG 125$ Lutheran Social Services Gala and Awards 125$ NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONF 515$ City Council Total 11,464$ Packet Page. 283 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges City Manager 5111 - Material And Supplies Amazon - May 11, 2023, Coffee Pot Cleaning Brush 8$ Amazon - May 11, 2023, Poster Frames for City's Values Posters 120$ CARDS FOR EMPLOYEES ON THEIR BIRTHDAYS.79$ Cleaning for Table cloths and flags 48$ CLEANING OF TABLECLOTHS FOR GROUNDBREAKING CEROMONY 32$ Dry cleaning for table cloths for Groundbreaking Cmny 33$ Frame for City's Ward Map for CM's Conf Room 201$ Michael's - May 15, 2023, City's Values Poster Frames 153$ Purchase of frame for City Ward Map for CM's Conf 151$ REFRESH FOR CHIEF OF POLICE SWEARING IN 80$ Refund for picture frames (40)$ TABLE SKIRTS 136$ 5122 - Dues And Subscriptions Business Prime Membership Dues 195$ Vimeo Pro Subscription 240$ 5132 - Meetings And Conferences 2022 Annual Conf. and Expo 1,800$ 2022 Annual MMASC Conference - Management Analyst I 1,130$ 2022 Annual MMASC Conference - Senior Management Analyst 533$ 2022 SB County Economic Forecast Conference ticket 150$ 2022 SB State of the County - Executive Team 250$ 2023 CITY LEADERS SUMMIT - APR 12-13, 2023 - public information officer 442$ 2023 City Leaders Summit - REGISTRATION FEE - public information officer 04.06.625$ 2023 City Manager's Conference Registration 1,500$ 3rd Party Hotel Registration for MMASC for senior management analyst 15$ Aspen Latino Business & Entrepreneurship Summit 400$ Aspen Summit - Hotel Accommodations for Senior Management Analyst 471$ Aspen Summit - Hotel Accomodation for Economic Development Division Manager 471$ Aspen Summit - Washington, D.C. - Lodging for Economic Development Division Ma (733)$ Aspen Summit - Washington, D.C. - Lodging for Senior Management Analyst (733)$ Cal Cities - Citipac senior management analyst 75$ CalPers Pathways for Women Conf. 2022 149$ Carousel Mall_RDICO Meeting with Ad Hoc Committee 131$ CM Lunch Meeting 39$ CM Personal Lunch ordered in error - cash deposited 15$ Coffee for Groundbreaking Ceremony on State Street 40$ Packet Page. 284 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges COUNCIL MEETING DINNERS - 03/15/2023 211$ Delta Air - Aspen Whitehouse Summit - Senior Management Analyst 767$ EL TEPEYAC FAMILY RESTAURANT - APR 5, 2023, COUNCIL MTG DINNER 157$ Flight ONT to DCA - Senior Management Analyst 647$ Flight Reservation for Aspen Whitehouse Summit 767$ Flight to DCA - Assistant City Manager 622$ Flight to DCA - public information officer 612$ Groundbreaking Pepper Avenue -Coffee for event 40$ Hilton Garden - 11/2-11/4/22 - MMASC Conf 305$ Hilton Garden Inn - 11/2-11/4/22 - MMASC Conf 305$ Hilton Garden Inn - 11/2-11/4/22 - MMASC Conf 305$ Hiton Garden - 11/2-11/4/22 - MMASC Conf 305$ HoneyBaked Ham - 04-27-23 Lunch Mtg County ARPA Funded Proj & Ot 82$ Hotel 10/17-10/19/22 Whitehouse Summit - Economic Development Division Manag 733$ Hotel 10/17-10/19/22 Whitehouse Summit - Senior Management Analyst 733$ ICSC - Membership Dues for City Manager 125$ ICSC - On Peak Hotels Courtyard by Marriott - May 22-23, 2023, C 473$ ICSC - Registration Fee for City Manager - May 22-23, 2023 975$ IE Regional Chamber of Commerce Port of Long Beach 75$ LCC CITY LEADERS SUMMIT - APRIL 12-14, 2023 - public information officer 185$ League of CA Cities Conference - Assistant City Manager 737$ League of CA Cities Conference - City Manager 737$ League of Cal Cities - Citipac Assistant City Manager 75$ League of Cal Cities Citipac - Field 75$ League of Cities Conference -Assistant City Manager 54$ Lunch meeting with Andy Green.24$ Lunch meeting with City Attorney, City Manager Char 34$ LUNCH MEETING WITH CITY MANAGER 55$ Lunch Meeting with City Manager and Neighborhood & Customer Services Manage 37$ LUNCH MEETING WITH CITY MANAGER AND ANALYST EMIL 31$ LUNCH MEETING WITH CITY MANAGER AND ANAYLSTS - 03/29/2023 85$ LUNCH MEETING WITH CITY MANAGER AND HR DIRECTOR 30$ Lunch meeting with City Manager and HR Director.34$ MCC SWEARING IN 12-21-22 BEVERAGE DISPENSER 26$ MCC SWEARING IN CEREMONY 12-21-22 DECORATIONS 29$ MCC SWEARING IN CEREMONY REFRESHMENTS 33$ MMASC Conf. for Sen Analysts and Mng Analysts 2,260$ NLC Conference Refund - City Manager (415)$ Packet Page. 285 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges NLC CONGRESSIONAL CITY CONF. - MAR 24-29, 2023 - Assistant City Manager 1,902$ NLC CONGRESSIONAL CITY CONF. - MAR 24-29, 2023 - public information officer 1,902$ NLC CONGRESSIONAL CITY CONF. - MAR 25-29, 2023 - Senior Management Analyst 1,593$ NLC Congressional City Conference - senior management analyst 515$ NLC Congressional City Conference - Assistant City Manager 515$ NLC Congressional City Conference - City Manager 515$ NLC Congressional City Conference - public information officer 515$ Old Town Bakery 04.11.23 LUNCH MTG CM & CED DEPUTY DIRECTOR 30$ Old Town Bakery 04.25.23 Department Team Lunch 119$ Old Town Bakery 04.25.23 Department Team Lunch (2)54$ Old Town Bakery 04.25.23 Department Team Lunch (3)25$ Panera - Lunch Mtg CM & OPERATIONS MGR 04.07.23 22$ PURCHASE TO BE CREDITED 317$ REFRESH FOR SB INVESTMENT PLAYBOOK TECHNICAL 96$ Refreshments for Executive Assistant, MC Meeting 41$ Refreshments for Ground Breaking Event on 10/03/22 26$ Refreshments for various meetings, such as MCC 56$ Sam's Club - Water & Pastries for Dept Update Mtg on 05-24-23 85$ SOUTHWEST - ICSC Las Vegas May 22-23, 2023, for City Manager 380$ SPECIAL COLSED SESSION MEETING 04/10/2023 224$ Starbucks - May 12, 2023, Council Retreat Beverages 26$ Starbucks - May 24, 2023, Department Update Mtg Beverages 40$ Target - May 12, 2023, Council Retreat Beverages 39$ City Manager Total 29,608$ City Clerk 5111 - Material And Supplies Cake for Swearing-In Ceremony 200$ Expandable Organizer to sort printed documents 82$ Flower Arrangement for Swearing-In Ceremony 226$ Frames for the Certificates of Election for Mayor 117$ Photo Paper and Ribbon for passport photo printer.441$ Privacy Signs for City Clerk Department 74$ Received refund for 1 damaged certificate frame.(23)$ Simple Rules of Parliamentary 28$ Packet Page. 286 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 5122 - Dues And Subscriptions CCAC Membership Dues for Records Management Specialist.200$ Charge associated with Linktree Transaction.1$ Creative Cloud All Apps for records redaction 600$ Errors and Omissions Notary Insurance for City Clerk 98$ Government Social Media Profl Assoc Membership 79$ Grammarly business account for city clerk staff.540$ IIMC Annual Membership for Deputy City Clerk 125$ IIMC Annual Membership Dues for City Clerk City Clerk 285$ IIMC Annual Membership for Deputy City Clerk 125$ IIMC Membership Dues for Chief Deputy City Clerk 125$ LinkTree Subscription for social media accounts.90$ Membership Fees Chief Deputy City Clerk 200$ Membership Fees Deputy City Clerk 200$ Membership Fees P Deputy City Clerk 200$ Membership Fees for CCAC City Clerk 200$ National Notary Membership Dues for City Clerk 69$ Recording of Notary Commission and Bond 110$ Tinyurl subscription.96$ 5132 - Meetings And Conferences Daily Parking at Renaissance Hotel where CCAC conference was hel 10$ Daily Parking at Renaissance Hotel where CCCAC Annual Conference 10$ Government Social Media Conference (Virtual)549$ Hotel Room and Parking for CCAC Conference - Deputy City Clerk 1,070$ Hotel Room/Parking for CCAC Annual Conference - City Clerk 1,100$ Parking at Marriott Hotel for CCAC Conference not initially char 30$ Parking at Renaissance Hotel where CCAC Annual Conference was he 10$ Registration Fee for City Clerks Association Conference - Deputy City Clerk 500$ Registration fees for City Clerk's Association Conference - City Clerk 500$ 5133 - Education And Training CCAC Educational Workshop Cleaning Up Your Municipal Code 75$ CCAC Training - Candidate Nomination Process and Initiatives - C 75$ CCAC Training - Candidate Nomination Process and Initiatives - P 75$ CCAC Training - Candidate Nomination Process and Initiatives - T 75$ Certified Municipal Clerk Fees associated with certification for 115$ Ethics Training for City Clerk - City Clerk 75$ Fees for Technical Training for Clerks - Deputy City Clerk Court 1,500$ League of CA Cities City Clerk Workshop 350$ Packet Page. 287 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Master Municipal Academy Training for City Clerk 1,288$ Minutes Made Easy Training - Chief Deputy City Clerk 25$ Notary Renewal for City Clerk - Includes training, testing, and 521$ Parliamentary Procedure Made Easy - Deputy City Clerk 125$ Parliamentary Procedure Made Easy course - Chief Deputy City Clerk 125$ Parliamentary Procedure Made Easy course - Deputy City Clerk 125$ RIM Certificate 6-Month Extension for Records Management Specialist 300$ Technical Training for Clerk - Deputy City Clerk CB 1,500$ Technical Training for Clerk - Deputy City Clerk PL 1,500$ Technical Training P Deputy City Clerk 1,500$ Training- Effective Grant Writing for Municipal Clerks 50$ City Clerk Total 17,665$ Capital Improvement Projects 5502 - Professional Contractual Services Cross-Bridge Emergency professional services 5,250$ Capital Improvement Projects Total 5,250$ Community Development & Housing 5111 - Material And Supplies "Okay to charge per Director of Finance & Mgt Services- 10/20/22" CED & PW 110$ 4x Cameras for Code 1,240$ 6 Desks and Cabinets for Techs 6,137$ Battery/charger(camera) for inspections.32$ Cables for camera to comp_ Code 13$ Central Valley Partnership Network-Homeless Steering Committee.50$ Code Desks_ SMA Desk 6,599$ Code Enforcement polos 1,568$ Color dot labels and Locking notary bag 76$ Dept head allowance_ employee birthday decor 47$ Desk for Senior Management Analyst 567$ Desks for Associate Planners 2,166$ Desks for Real Property 814$ FedEx_ICSC Items to Vegas 18$ Fingerprint ink pad for notary 8$ iPhone case for Building Inspector 14$ iPhone transfer cables for Code 17$ Magnetic Ceiling Hooks 32$ Mailer seals for tabbing machine 28$ Memory Card for taking photos of City/employee events 31$ Packet Page. 288 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Memory card reader 8$ mobile printer cable_Code Enforcement Officer II 10$ name plates for GPAC 29$ Notary supplies 99$ Paint for Tech accent wall 29$ Plans copying fee 70$ Red Evidence Tags for Code 161$ Refund for Speed Charger for Iphone (24)$ Return for colored circle labels (33)$ Samsung Galaxy A13 Holster Belt Clip Case 13$ Screen Protector for iPhone SE 8$ Shipping charge for Red Evidence Tags for Code 27$ Small office fridge for Director and exec assistant 294$ Speed charger for Director's iPhone 48$ table skirt clips for board room 22$ transfer cords & memory cards_Code cameras 87$ USB Drives for dept and director 29$ White seals for tabbing machine 19$ White seals for tabbing machine- order cancelled (19)$ 5121 - Advertising Custom mints for ICSC 297$ ICSC Chapstick Order - Econ Dev 191$ ICSC Pen Order - Econ Dev 226$ Inland Empire Magazine - Econ Marketing 1,200$ Inland Empire Summer fun publication purchase.1,995$ 5122 - Dues And Subscriptions 6 month subscription to SB Sun 1$ APA Membership_Planning Aide 99$ APA Renewal for Senior Planner 398$ Assessment District Specialist- IRWA Membership 255$ Assessment District Specialist RWA Completion Fee 50$ Assessment District Specialist SRWA candidacy fee 50$ CACEO Membership Code Enforcement Officer 100$ CACEO Membership- Code Enforcement Officer II 100$ CACEO membership for Code Enforecment Officer 95$ CACEO Membership_Code Enforcement Officer II 100$ CACEO Renewal_Code Enforcement Officer II 95$ CACEO_ membership Code Enforecment Officer 100$ Packet Page. 289 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges CACEO_Code Enforcement Officer II 100$ CACEO_neighborhood and customer service manager 100$ CACEO_Sam 100$ CALED for Director of Community and Econ Development and Executive Assistant to 200$ Code Enforcement Officer II CACEO renewal 100$ Disputed toll violations paid for license plates 6ZBR761, 149690 145$ Economic Development Division Manager CAPIO Membership 275$ Executive Assistant to Director DVLP ICSC renewal 38$ Fee to change flight passanger 5$ ICSC membership- ECONOMIC DEVELOPMENT PROJECT MANAGER 125$ ICSC Membership_ Economic Development Division Manager 125$ ICSC Membership_DM 125$ ICSC Membership_Economic Development Specialist 125$ Lead Code Enforcement Officer CACEO Membership 100$ Member dues- REAL PROPERTY MANAGER 280$ Nathan SB Sun Subscription 14$ one year subscription to SB Sun 3$ REAL PROPERTY MANAGER SRWA candidacy fee 50$ SB Sun subscription 14$ SB Sun_NF_April 14$ Toll Road_Economic Development Specialist 8$ Travis Martin APA renewal 434$ 5132 - Meetings And Conferences 2022 Casden Multifamily Forecast Conf for Economic Development Specialist 75$ 2022 IF S. Ca Desert CRE Conference 180$ AD Hoc Lunch 119$ AD Hoc Meeting Snacks 89$ APA Conference for Planners 2,700$ CALED Registration - Economic Development Specialist 595$ Cannabis Conference 48$ Cannabis Conference - ECONOMIC DEVELOPMENT PROJECT MANAGER & Senior Plan 1,598$ Cannabis Conference flight- Associate Planner 188$ Cannabis Conference flight- Executive Assistant to Director 188$ Cookies_Ward 6 Econ Meeting 19$ Dave hotel deposit- ICSC 286$ David Murray_ICSC 975$ Department employee workshop 134$ Department head allowance- supplies for dept. event 50$ Packet Page. 290 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Drinks Emp Breakfast 25$ Drinks for Ad Hoc lunch 7$ Economic Development Division Manager ICSC Vegas cancellation refund (875)$ Employee Party supplies- Dept. head allowance 49$ Finance and real estate summit- Executive Assistant to Director, Director of Comm D 590$ GPAC refreshments 63$ ICSC Flight - Associate Planner 248$ ICSC Flight Adjustment 109$ ICSC Flight Cancellation (109)$ ICSC Flight_Economic Development Specialist_ Payment outside of credit transfer 9$ ICSC Flights - SS 179$ ICSC Flights- AH 179$ ICSC Flights- DM 179$ ICSC Flights NF 179$ ICSC Huntington Beach for Economic Development Division Manager 25$ ICSC Vegas_NF, SS, AH + NF membership dues 3,050$ ICSC Western- Economic Development Division Manager 50$ ICSC Westgate Final_ECONOMIC DEVELOPMENT PROJECT MANAGER 184$ ICSC Westgate Final_Economic Development Specialist 203$ Manager's working lunch 218$ Meetings Refreshments 104$ Nathan ICSC Hotel deposit 295$ Planning working lunch 95$ Refund for Cannabis Conference (48)$ Refund for Economic Development Division Manager hotel (receipt attached is the o (286)$ SAMARA seminar_ Senior Planner 50$ Senior Planner ICSC hotel final 194$ Snacks for Planning Conference 62$ Snacks_Ward 7 summit 119$ State of County - Director of Comm Dev, Econ Dev Project Manager 200$ Ward 6 Econ Meeting lunch 121$ Westgate_ICSC_Economic Development Division Manager 286$ Westgate_ICSC_Economic Development Specialist 295$ Packet Page. 291 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 5133 - Education And Training 2 sets of 2022 CA Code Books for building and safety 2,832$ Assistant Building Official Building official exam fee 995$ CACEO Third Party Certification_Code Enforcement Officer II 600$ CACEO Webinar_Hadley + Assistant Building Official 120$ CALBO Registration for CED Techs 910$ CAPIO Boot Camp- Economic Development Specialist 140$ CAPIO Webinar_Economic Development Division Manager 85$ Code books for Assistant Building Official building official exam 627$ Code Enforcement Officer II Spring Code Course 173$ Code Enforcement Officer II_CACEO - Module One Registration 600$ Crime Intervention Training 1,200$ ECONOMIC DEVELOPMENT PROJECT MANAGER KEYS Program flight 325$ Field Training_ CEO Code Enforcement Officer I 244$ Field Training_CEO_Code Enforcement Officer II 244$ ICC_ Quick Tabs Plans Examiner 69$ IRWA - RWA Certification_ Assessment District Specialist 1,740$ Payment for ICC code book downloads 337$ PC 832 Arrest Training for Code Enforcement Officer I 143$ PC 832 Arrest Training for Code Enforcement Officer II 143$ PC 832 Arrest_ Code Enforcement Officer II 143$ RWA REAL PROPERTY MANAGER 2,930$ Sam ABO Course 1 950$ Santiago College Payment_Code Enforcement Officer II 81$ Santiago Payment Receipt_Code Enforcement Officer II 83$ 5167 - Software Maintenance Canva Admin Subscription 120$ Movie maker to convert DERC and audio files to video 40$ 5174 - Printing Charges Printing of plans for Building and Safety 41$ Community Development & Housing Total 57,480$ Finance & Management Services 5111 - Material And Supplies 2023 Wall Calendars for Purchasing Dept 15$ 2-Pack Laminated P-Touch Tape- Acrylic Sign Holder Table Menu Di 122$ additional little library checkout cards for remaining books 13$ Additional Mechanical pencils for Buyer. Ergonomically.11$ Additional supplies for Buyer in her new role as a Buye 251$ Admin Professional day gift for all staff - grand opening of lit 46$ Packet Page. 292 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Business card holders - 4 pack for the team to display at desk f 5$ Certificate of Achievement Review Fee FY2022 910$ Credit for 3 Folio Covers for Purchasing Dept (91)$ Credit for Name Plate Holder (8)$ Cubicle inboxes for Accountant II, Buyer, Disadvantaged Business Enterprise Speciali 62$ CutePDF Professional - Payroll Tech 50$ DBE Business Outreach - Online calendar booking (Annual fee) tha 144$ DBE Materials and Supplies.389$ Desk Supplies, Notebooks, Storage Organizers, etc.1,095$ Door Name Plate - Accountant II 12$ Door Name Plate - Accounting Tech 17$ Door Name Plate - Deputy Director of Finance & Mgt Services 13$ Door Name Plate - Management Analyst I 20$ Door Name Plate - Payroll Tech 18$ Door Name Plate - Senior Budget Analyst 17$ Door Name Plate for Accounting Tech II 17$ Door Name Plate for Grants Division Manager 12$ E-Gift Cards for Purchasing Raffle March 9, 2023 155$ Employee recognition. 2 year anniversary for Purchasing Division Manager.38$ For Sustainability - Less expenses for continuously reordering o 239$ Little Library - holder and book ends 9$ Little Library - Red Ribbon cutting and balloon set. Can be used 26$ little library - ribbion_balloons_sign holder 21$ Little Library organizer for book checkout - I will return as it 35$ Name Plate - Accounting Techs 24$ Name Plate - BUDGET DIVISION MANAGER 12$ Name Plate - Buyer 8$ Name Plates-Guillermo, Disadvantaged Business Enterprise Specialist, Management 68$ Notebook for Purchasing Department 28$ OFFICE FURNATURE 10,347$ Office Sign 11$ Paper Sign holders - 3 total for little library and division use 18$ Popular Annual Financial Report Fee FY2022 250$ Project Organizer - Disadvantaged Business Enterprise Specialist 16$ Strap to keep file closed 3$ Sustainability. Additional Refillable pens for Purchasing divisi 26$ Sustainability. Additional refillable pens for team - colored 15$ These are to contribute to the "little Library" for employee eng 482$ Packet Page. 293 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Travelers Notebook, Business Card Organizer 30$ Two - Travelers Notebook, Business Card Organizer 59$ Wall Calendar, Erasable Pens for Purchasing Dept 95$ 5121 - Advertising BAP Submission fee 725$ DBE Promotional Items Order - DBE GL 0155 and 5121.4,659$ Design for Supplier Diversity City Logo 44$ Polos for Disadvantaged Business Enterprise Specialist (City Representative) for conf 404$ 5122 - Dues And Subscriptions 2,000 GB of encrypted cloud storage-Director of Finance & Mgt Services.84$ 2023 WBENC Corporate Member Annual Dues. This is to support Supp 2,500$ AFP Membership - Director of Finance & Mgt Services 495$ CAPPO Regular Membership - Accountant II 140$ Credit for Zoom One Pro Annual Renewal (125)$ CSMFO Management Membership - Accountant III 125$ CSMFO Management Membership-Principal Accountant 125$ CSMFO Professional Membership - BUDGET DIVISION MANAGER 50$ CSMFO Professional Membership - senior management analyst 50$ CSMFO Professional Membership-Accountant III 50$ CSMFO Professional Membership-Accounting Tech II 50$ GFOA Annual Membership - Accountant III 150$ GFOA CPFO Enrollment Fee-Director of Finance & Mgt Services 600$ GFOA Renewal Fees - Director of Finance & Mgt Services 1,145$ ICSC Membership Dues 250$ Management Membership Dues - Director of Finance & Mgt Services 125$ MEMBERSHIP DUE 95$ NGMA Membership - Grants Division Manager 174$ NGMA Membership - Management Analyst I 174$ NGMA Membership - Management Analyst II 174$ NIGP Agency Dues - Purchasing Division Manager 470$ Professional Membership - Accountant II 50$ Professional Membership Dues - Management Analyst I 50$ Professional Membership Dues - Senior Budget Analyst 50$ Regular Membership for Buyer MP 140$ Zoom One Pro Annual Renewal 162$ 5132 - Meetings And Conferences 2023 Annual CAPPO Conference 990$ 2023 CONEXPO Flight - Disadvantaged Business Enterprise Specialist 179$ 2023 CONEXPO Hotel - Disadvantaged Business Enterprise Specialist 1,714$ Packet Page. 294 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 2023 WBENC Flight - Disadvantaged Business Enterprise Specialist 266$ Accounting Manager's Portland to Ontario flight 289$ AIRFARE 875$ Airline Ticket Cancellation for ICSC Las Vegas Event.(648)$ Business Lunch Discussion Purchasing Policy and Purchasing Train 110$ Cancellation of Hotel Room for ICSC Las Vegas Event (648)$ CAPPO Conference Buyer Airfare 353$ CAPPO Conference Disadvantaged Business Enterprise Specialist B Airfare 353$ CAPPO Conference Hotel - Purchasing Division Manager 1,843$ CAPPO Conference Purchasing Division Manager Airfare 353$ CAPPO Conference Registration - Accountant II 495$ CONEXPO Conference: UBER - airport to home (Purchasing Division Manager and 70$ CONEXPO Conference: UBER - Purchasing Division Manager and 24$ CONEXPO Conference: UBER - Purchasing Division Manager and 22$ CONEXPO Conference: UBER - home to airport (Purchasing Division Manager and 70$ CONEXPO Conference: UBER - hotel to airport (Purchasing Division Manager and 17$ CONEXPO Conference: UBER - hotel to conference event (Purchasing Division Manag 37$ CONEXPO is Attending for DBE and Diversity Business Outreach.879$ CONFERENCE DINNER 470$ conference hotel - Accountant III 1,048$ conference hotel - BUDGET DIVISION MANAGER 1,045$ Conference hotel - Management Analyst I 1,033$ Conference hotel - Principal Accountant 1,045$ CONFERENCE REGISTRATION 149$ CREDIT - GFOA Flight - Accountant III (179)$ CREDIT - GFOA Flight - Principal Accountant (179)$ CREDIT - GFOA Flight - senior management analyst (179)$ Credit for Hotel in PA - Director of Finance & Mgt Services (1,068)$ Credit for Parking Pass at LAX - Disadvantaged Business Enterprise Specialist (15)$ CSMFO Annual Conference Sacramento - Accountant III 251$ CSMFO Annual Conference Sacramento - Accounting Tech II 251$ CSMFO Annual Conference-Accountant III Hotel Room 1,094$ CSMFO Annual Conference-Accounting Tech II Hotel Room 1,094$ CSMFO Meeting, Inland Empire Chapter 45$ Deposit for Stay at Hotel 177$ Deputy Director of Finance & Mgt Services's Portland to Ontario flight 209$ Disadvantaged Business Specialist - Hotel resort fees - CONEXPO 2023 177$ Event Registration for ICSC Las Vegas 1,950$ Expedia booking fee for GFOA flight - Accounting Manager 5$ Packet Page. 295 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Expedia Booking fee for GFOA flight - Deputy Director of Finance & Mgt Services 4$ GFOA airfare for Accounting Manager 299$ GFOA airfare for Deputy Director of Finance & Mgt Services 299$ GFOA Annual Conference in Portland - Accountant III 472$ GFOA Annual Conference in Portland - BUDGET DIVISION MANAGER 472$ GFOA Annual Conference in Portland - Director of Finance & Mgt Serviceshitehorn 472$ GFOA Annual Conference in Portland - Principal Accountant 472$ GFOA Annual Conference in Portland - senior management analyst 472$ GFOA Annual Conference Registration for Training. First time att 500$ GFOA Committee Meetings-Director of Finance & Mgt Services Airfare 717$ GFOA Conference Airfare - Accountant III 308$ GFOA Conference Airfare - BUDGET DIVISION MANAGER 308$ GFOA Conference Airfare - Principal Accountant 308$ GFOA Conference Airfare - senior management analyst 308$ GFOA Conference Event Ticket 50$ GFOA Conference for Training and Business Partnership.414$ GFOA Conference UBER - GL 0155 and 5132.330$ GFOA Flight - Director of Finance & Mgt Services 783$ GFOA Flight - Senior Budget Analyst 94$ GFOA hotel for Accounting Manager 998$ GFOA hotel for BUDGET DIVISION MANAGER 998$ GFOA hotel for Deputy Director of Finance & Mgt Services 998$ GFOA hotel for Senior Budget Analyst 998$ GFOA- Hyatt Hotel- Director of Finance & Mgt Services 1,351$ GFOA Pre-conference Educational Trainings - $190/each.390$ GFOA Standing Committee Meeting Hotel - Director of Finance and Management Se 931$ Grants Division Team meal during travel 132$ Hotel Cancellation for ICSC Las Event (648)$ HOTEL RESERVATION 1,435$ Hotel Stay for Construction Expo in Las Vegas 1,714$ Hotel Stay for ICSC Las Vegas Event 1,295$ IE Chapter Meeting - Accountant II & Deputy Director of Finance & Mgt Services 90$ IE Chapter Meeting - Accountant III 45$ IE Chapter Meeting - Director of Finance & Mgt Services 90$ IE Chapter Meeting -Accounting Tech II 45$ IE December 2022 Chapter Meeting 130$ IE December 2022 Chapter Meeting - LS & EN 130$ Inland Empire Chapter Meeting- Accounting Manager 55$ Inland Empire Chapter Meeting for Director of Finance & Mgt Services and Deputy D 90$ Packet Page. 296 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Little Library Grand Opening Gathering. Employee engagement for 111$ Meal purchase for Grants Division staff 111$ Meeting to discuss DBE Prgm. ST & LT Goals.345$ NGLCC - The National Gay and Lesbian Chamber of Commerce Annual 649$ NGLCC Conference Hotel - Disadvantaged Business Enterprise Specialist 1,722$ NGMA Body of Knowledge Training, Washington DC lodging April 12-1,202$ NGMA Conference Flight - Grants Division Manager 586$ NGMA Conference Flight - Management Analyst I 586$ NGMA Conference Flight - Management Analyst II 586$ NGMA Conference Hotel Deposit - Grants Division Manager 297$ NGMA Conference Hotel Deposit - Management Analyst I 297$ NGMA Conference Hotel Deposit - Management Analyst II 297$ NGMA Conference Registration - Grants Division Manager 849$ NGMA Conference Registration - Management Analyst I 849$ NGMA Conference Registration - Management Analyst II 849$ NGMA Grants Management Body of Knowledge Training - Washington, 601$ Parking Pass at LAX - Disadvantaged Business Enterprise Specialist 15$ Portland Conference Hotel - Disadvantaged Business Enterprise Specialist 1,512$ Purchasing Division Manager and Disadvantaged Business Enterprise Specialist - Ube 70$ Purchasing Partnership Meeting- including Grants, Purchasing, Pu 146$ Registration Construction Expo Las Vegas 879$ Southwest Airline Tickets Travel to ICSC Event 324$ Southwest Airlines Travel Receipt ICSC Events 324$ The NGLCC Leadership Conference for LGBTQ+ Chamber of Commerce a 429$ This is a business luncheon with San Bernardino Chamber of Comme 103$ This was to celebration/mini brunch meeting for team including a 106$ Travel to Construction Expo in Las Vegas 179$ Travel to NGMA Body of Knowledge Training 4/12-15/23 baggage fee 180$ WBENC Annual Conference. SBCity is a corporate member now. Atte 749$ WBENC Conference - UBER: conference to hotel 87$ WBENC Conference - UBER: hotel to conference 19$ WBENC CONFERENCE - UBER: Hotel to conference event 42$ WBENC CONFERENCE - UBER: returning: airport to home 63$ WBENC CONFERENCE - UBER: returning: hotel to airport 21$ WBENC Conference Flight - Disadvantaged Business Enterprise Specialist 802$ WBENC Conference Hotel - Disadvantaged Business Enterprise Specialist 2,803$ WBENC Conference: UBER: conference event to hotel 32$ WBENC Conference: UBER: conference events 14$ WBENC Conference: UBER: conference to hotel 20$ Packet Page. 297 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges WBENC Conference: UBER: hotel to conference events 32$ 5133 - Education And Training 2022 Weekend Training - Accountant III 783$ 2023 Form W-4 changes & Payroll updates training for Payroll 165$ All Access Membership Renewal - Online Trainings 499$ Annual CalPERS Conference - Accountant II 821$ Crucial Conversations Training - Venue Rental 2,134$ Disadvantaged Business Enterprise Specialist - Supplier Diversity Professional Trainin 1,295$ Form 1099-MISC and 1099-NEC Compliance Update 149$ GAAP Update 135$ GFOA Annual Government GAAP-Principal Accountant 180$ GFOA educational training. Purchasing Division Manager approved.35$ GFOA Virtual Training - BUDGET DIVISION MANAGER 473$ GFOA Virtual Training - senior management analyst 630$ NIGP Agency Dues - Purchasing Division Manager 10$ TRAINING 427$ Treasury Management Training 315$ Understanding Gov Comp and Payroll - Deputy Director of Finance 315$ 5175 - Postage Postage for Property Tax Correspondences 59$ Finance & Management Services Total 90,068$ General Government 5122 - Dues And Subscriptions CANVA SUBSCRIPTION CURRENCY CONVERSION FEE 0$ CANVA SUBSCRIPTION TO HELP CREATE FLYERS 45$ 5186 - Civic And Promotional Comm Grants Neighborhood projects (190)$ Comm. Sparks Project Supplies 4,360$ Community Grants Neighborhood Project 1,236$ Community Grants Neighborhood Projects 2,747$ Neighboerhood Project 109$ Neighborhood Project 57$ Neighborhood Projects 1,796$ Storage and Meeting Equipment Project 1,398$ General Government Total 11,559$ Packet Page. 298 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Human Resources & Risk Management 5105 - Employee Recognition 20 YR SERVICE PLAQUE FOR Sergeant 31$ BURRITOS FOR ERC EVENT HELD 6/22/22 5,185$ COFFEE FOR ERC EVENT HELD 6/22/22 360$ PASTRIES AND COFFEE FOR EE RECOGNITION EVENT HELF MAY 4, 2023 715$ PASTRIES FOR ERC EVENT HELD 6/22/22 1,000$ YRS OF SERVICE PINS, BOXES AND TIE TACKS 290$ 5111 - Material And Supplies ANNUAL FILTER CHANGE 544$ COFFEE, PLATES, CUPS, TISSUE FOR OFFICE 30$ DESKTOP RISER FOR HR EMPLOYEE 27$ GREETING CARDS FOR OFFICE USE 8$ IN/OUT SIGNS FOR 8TH FLOOR OFFICE DOORS 209$ KLEENEX, COFFEE CUPS, PAPER PLATES, CANDY FOR OFFICE AND MEETING 82$ PENS 19$ PRIVACY FILM FROSTED GLASS FOR OFFICES ON FLOOR 8 59$ REFRESHMENTS FOR MEETINGS AND EVENTS 55$ WARD MAP FRAME 51$ WRITING PADS 21$ 5121 - Advertising Interim City Manager recruitment advertisement.1,555$ Job Ad - Accounting Manager 400$ Job Ad - Intervention Program Manager 410$ Job advertisement 400$ Job Advertisement - Accounting Manager 500$ Job Advertisement - Plans Examiner 1,014$ Job advertisement - Principal Civil Engineer 300$ Job advertisement - Records Specialist 699$ Job advertisement Engineering Project Manager 300$ Job advertising - Community Intervention Program Manager 300$ Job Board Posting 45$ Job Fair 975$ JOBS POSTING 480$ Merchandise for job fair credit.(24)$ Merchandise for Job Fair Events 287$ Merchandise for job fairs.2,229$ Recruitment advertisement for Senior Management Analyst.550$ RECRUITMENT EXPENSE 399$ Packet Page. 299 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 5122 - Dues And Subscriptions ANNUAL SUBSCRIPTION TO CALGOVHR FOR HR DIRECTOR 60$ CALPELRA MEMBERSHIP FOR DIRECTOR OF HR 380$ CPER POCKET GUIDES 692$ DIGITAL SUN SUBSCRIPTION FOR HR OFFICE 3$ HARVARD BUS REVIEW SUBSCRIPTION FOR DIR OF HR 120$ IPMA MEMBERSHIP FOR DIRECTOR OF HR 175$ SHRM MEMBERSHIP FOR CD 229$ SHRM MEMBERSHIP RENEWAL FOR DIRECTOR OF HR 229$ 5132 - Meetings And Conferences CALGOVHR CONFERENCE REGISTRATION FOR HR Director 599$ CALGOVHR CONFERENCE STAY FOR DIRECTOR OF HR 269$ CITY COUNTY CONFERENCE TICKET FOR HR DIRECTOR 260$ ETHICS TRAINING FOR DIRECTOR OF HR 75$ FLIGHT TO CALGOVHR CONF IN SONOMA, CA - HR Director 313$ HOTEL ACCOMODATIONS FOR LCW CONFERENCE 03/2023 348$ HR BOOTCAMP REGISTRATION FOR DIRECTOR OF HR 200$ HR provided lunch to the three person panel 68$ LCW CONFERENCE STAY FOR DIRECTOR OF HR 174$ LCW HR BOOTCAMP TRAINING FOR HR DIRECTOR 200$ PARKING FEE AT ONTARIO AIRPORT FOR HR DIRECTOR 76$ REGISTRATION TO LCW ANNUAL CONFERENCE 03/2023 620$ T SHIRTS FOR EMPLOYEE EVENT 8,048$ 5133 - Education And Training Bilingual testing for POA employee.(66)$ COFFEE FOR MCC RETREAT 5/11 - 5/13/2023 60$ FINANCE TEAMBUILD EVENT HELD ON MAY 9, 2023 1,600$ Language Certification Services 66$ LUNCH FOR MCC RETREAT 5/11/2023 265$ MCC RETREAT BREAKFAST 5/12/2023 196$ MCC RETREAT BREAKFAST 5/13/2023 229$ MCC RETREAT DEPOSIT (5/11 - 5/13/2023)750$ MCC RETREAT LUNCH 5/12/2023 309$ PUBLIC SAFETY OFFICERS' PROCEDURAL BILL OF RIGHTS WEBINAR 149$ SHRM training course 1,305$ SNACKS AND SUPPLIES FOR MCC RETREAT HELD 5/11 - 5/13/2023 262$ SNACKS FOR MCC RETREAT HELD 5/11 - 5/13/2023 22$ SUPPLIES FOR MCC RETREAT HELD 5/11 - 5/13/2023 33$ Training Course - Director of Finance and Management Services 179$ Packet Page. 300 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Training Course - Director of Finance and Management Services ( Currency conversio 2$ 5167 - Software Maintenance RECRUITMENT ZOOM ACCOUNT THAT WAS NOT ADDED TO THE CITY LICENSE 162$ REFUND RECRUITMENT ZOOM ACCOUNT (162)$ 5175 - Postage MAILED WITH TRACKING TO FORMER PW EMPLOYEE 15$ Human Resources & Risk Management Total 38,016$ Library 5111 - Material And Supplies Apple App 5$ Book Drop sticker labels to be put on the book drop after it is 131$ Four sizes of book jacket covers to put on books 786$ Library Supplies - Spine Labels 91$ Tape and ties to secure cords on electronic devices 51$ 5132 - Meetings And Conferences "Serving w/ a Purpose" Conf Registration-N Villalobos 66$ CA Library Assn Conference Flight - Library Program Coordinator 198$ 5167 - Software Maintenance IT technical support for firewall of library system software 742$ Library Total 2,070$ Parks & Recreation 5111 - Material And Supplies 10 Seniors seen Antman Movie at Regal for Senior Movie Day 50$ 12 seniors and one staff seen John wick 4 for Senior Movie day 65$ 16 Seniors and 1 staff went to Regal Movie - Black Panther 100$ 18 Senior Attended Senior Movie Day at Regal Theater on May 30th 90$ 2 late seniors at regal movies 10$ 2 seniors seen Shazam for Senior Movie Day on 3/21/23 at Regal 10$ 27 Seniors for Movie Day at Regal Movie 135$ 7 seniors watched Creed 3 at Regal for Senior Movie Day 35$ Award ribbons for pet costume contest on 10/08 46$ Balloons for the Grandparents Day Dance 33$ Basket Supplies City Egg Hunt Event 20$ Bingo and Raffle items for Senior Programs 137$ Bingo Gifts for Senior Programs 282$ Bingo Gifts for Senior Programs Bingo day at both facilities 55$ Bingo Gifts For Senior services Bingo Program at Both senior sit 103$ Bingo gifts for Senior Services Program 61$ Bingo item for Senior Program 181$ Packet Page. 301 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Bingo items for bingo program at both Senior Service sites 40$ Bingo Items for Both Senior Facilities 128$ Bingo items for both Senior Facilities . Also raffle items for t 79$ Bingo items for both Senior Facilities and Father's Day Gifts fo 64$ Bingo items for both Senior facilities bingo programs and Decor 66$ Bingo items for both Senior facilities bingo programs.173$ Bingo items for senior facilities 50$ Bingo items for Senior Programs 256$ Bingo items for Senior Programs and Decor for Mini Health Fair o 146$ Bingo Items for Senior Service bingo clubs 69$ Bingo items for Senior Service Bingo Program 283$ Bingo items for Senior Service Bingo Program and Raffle for All 138$ Bingo items for Senior Service Bingo program at both senior faci 49$ Bingo Items for Senior Services 479$ Bingo items for weekly bingo at both senior facilities 56$ Bingo items purchase for weekly bingo club 125$ Book for library reading corner and WSC 10$ Books for library reading corner and WSC 111$ Books for Library reading corner for Water Safety Month and WSC 20$ Breakfast snacks for Festival Volunteers 90$ BREAKFAST WITH SANTA Supplies 1,332$ Breakfast with Santa event d?cor 139$ BREAKFAST WITH SANTA Suuplies-Eggs 248$ Candy for City Egg Hunt Event 23$ Canopies for City Wide Events 1,731$ canopies for events and programs 866$ center celebration St. Patrick's Day Lytle Creek 19$ Certifications 1,022$ Chaffing Lighters and bowls for Prom on May 24th at Fifth Street 29$ Christmas Trees: Decorations for Miracle on Court Street 506$ CID Prom 648$ CID Prom event 117$ CID Prom-Balloons 260$ CID Sunshine Club Cooking Program 39$ City wide Spring Eggstravaganza 87$ City Wide Trick or Treat Event 63$ Cleaning Materials 42$ Coloring Supplies for Water Safety day activity 7$ command hooks to organize Jerry Lewis upgraded lobby 119$ Packet Page. 302 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges command hooks to organize upgraded lobby at Jerry Lewis 200$ Community Center weekly youth cooking program 24$ Community Center cooking programs 26$ community center weekly cooking program 19$ Community Center Weekly cooking programs 74$ Cooking Program Supplies for Lytle Creek, Verdemont 51$ Costume Rental For Miracle on Court St.232$ CPR staff training equipment 526$ CPRS Award Submission Fee 75$ CREDIT FOR FRAUD CHARGES (24)$ Credit for product never received.(32)$ Curtain Back drops for Photobooth-Blue 69$ Curtain Backdrops for photobooth 54$ D?cor CID Prom 114$ D?cor items for the CID Prom event 19$ Decor for Halloween Dance at Fifth St Senior Center 41$ Decor for Memorial Day Celebration in May 29 at City Hall 8$ Decor for NYE Dance at 5th Street on 12//30/22 34$ Decor for Prom on May 24th at Fifth Street Senior Center.52$ Decor for Summer BBQ Dance held at Perris Hill Senior Center on 39$ Decor for the All that jazz dance held on Feb 25th at the Fifth 24$ Decor for the Senior Health and resource Fair 41$ Decoration for Breakfast with Santa event -337$ Delmann Height cooking class 17$ Delmann Height Tiny Bite cooking program 13$ Delmann Heights Community Center Cooking Class 14$ Delmann Heights cooking class 49$ Delmann Heights Cooking program 48$ Delmann Heights Tiny Bites Program 34$ Drinks for staff and volunteers for WSC 143$ Dry ice for Halloween Dance at Fifth St Senior Center 23$ ear plugs for redirection booths during programming 45$ Epoxy for MLK Statue Repair4 packs 32$ equipment for events/programming 1,304$ Equipment rental to grind lobby floors at Jerry Lewis Pool Inadv 307$ Event D?cor for Miracle on Court St.121$ Fabric used for events photo booth 114$ Fee for NLC Award Application 100$ Festival supplies for first aid tents 1,305$ Packet Page. 303 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges First Aid backpacks for outdoor activities, youth & adult sports 127$ Fog Juice for fog machine for Halloween Activities 11$ Food for staff during final day to set-up for WSC 50$ Food items for the CID Juneteenth Center Celebration 90$ food items for the Community Center Cooking Classes 36$ Food items for the Community Center Cooking Program Verdemont 25$ food items for the community centers youth cooking classes 22$ Food items for the Delmann Height Community Centers Tiny Bites p 71$ Food items for the Delmann Heights Cooking program 26$ Food items for the LC cooking class 30$ food items for the Lytle Creek And Verdemont Community Center Co 28$ food items for the Lytle Creek community center cooking program 14$ Food items for the Lytle Creek Cooking4Kids Program 27$ food items for the Lytle Creek weekly Cooking program 30$ Food items for the Verdemont Comm Center Cooking Class 30$ food items for the Verdemont Comm Center cooking program 37$ Food items for the Verdemont Community Center cooking program 62$ Food items for the Verdemont community center cooking program-Ap 49$ Food items for the Verdemont Community Center kids in the kitche 124$ Food items Lytle Creek Community Center Cooking Class 28$ Food items Verdemont Community Center 64$ Four Senior Attended the Guardian of the Galaxy movie for Senior 20$ Four Seniors seen Buzz Lighter Year at regal Movie Theater.34$ FRAUD CHARGES 24$ Get well flowers for Staff from Dept 83$ Gift bags for prize baskets Egg Hunt event 8$ Halloween Costume Party Items at Senior Services 16$ HDMI needed for a training presentation on the weekend 17$ Holiday decor 525$ Ice City wide Halloween Event 4$ Ice for City wide Trick or Treat event 3$ Ice for Festival 277$ Ice Starlight Cinema Movie in the Park event 13$ internet based business writing program 140$ Item need for Nature bird feeder craft Arbor Day event 5$ items for summer concert 59$ Items Purchased for the Ruben Campos Teen Club meeting 18$ jerry Lewis lobby upgrade decor and books for library reading co 156$ Packet Page. 304 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Jerry Lewis Pool Supplies 162$ Julys Bingo items for Senior Services 210$ key chains for main office keys for security of building 15$ kitchen supplies for the Lytle Creek Community Center cooking pr 52$ Kwik Weld for MLK Statue Repair 53$ LC Cesar Chavez Day Celebration 22$ lighting for first aid canopies for special events 228$ Lytle Creek and Verdemont Comm Ctr 37$ Lytle creek and Verdemont Comm Ctrs 21$ Lytle Creek Comm Center Mexican Independence Day 40$ Lytle Creek Comm Ctr Labor Day Celebration 21$ Lytle Creek Community Center Cooking program -Dec 61$ Lytle Creek Community Center Valentine's Day Celebration 26$ Lytle Creek Community Center youth Cooking program 5$ Lytle Creek Cooking Class 19$ Lytle Creek Cooking for kids Program 11$ Lytle Creek cooking program 65$ Lytle Creek Spring Center Celebration 23$ Lytle Creek/Verdemont Comm Center Cooking Classes 35$ Mandatory staff meeting, lunch provided.45$ Materials for JL (Key Supplies)37$ Materials for JL (Keys Supplies)77$ Materials for JL Remodel of Lobby 41$ Materials for staff room at Jerry Lewis Pool (5 gallon water jug 11$ Materials for WSC 319$ Medical Bags / First Aid for Pools 211$ Medical Bags/ First Aid for Pools 30$ Memorial Day American flags 50$ Mexican Bread purchased for Cinco De Mayo Programs at Both Senio 80$ Miracle Elf Costumes 30$ Miracle on Court Decorations 328$ Miracle on Court Elf Costume 17$ MIRACLE ON COURT ST photo booth and ribbon 170$ MIRACLE ON COURT STREE ADMIN Photo Backdrop 16$ Miracle on Court Street Decorations 230$ Mother's Day Decor for the Mother's day Celebration on May 13th 27$ Mother's Day Gifts for the Mother's day Celebration on May 13th 439$ Mother's Day refreshments for Mother's day Celebration on May 13 34$ Packet Page. 305 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Movie Day (Black Adam) for 9 Seniors and 1 staff 50$ Movie Day (Halloween) for 14 Seniors 70$ New Annual Planner for Director 37$ Nine Seniors and one staff seen Jurassic Park at regal Movie The 86$ Nuts and Bolts to mount First Aid & AED Cabinets 9$ Ollie McDonald Senior Talent Showcase on 4/22 concession and cas 68$ Ollie McDonald Senior Talent Showcase on 4/22 Decor 37$ Ollie McDonald Senior Talent Showcase on 4/22 raffles 116$ Optimizer Ink Purchased for large format printer 168$ Pallet of Water for City wide events 536$ Parks Kitchen Utilities 13,102$ Parks Maintenance Appreciation Breakfast Fiscalini 47$ Partial online order for Breakfast with Santa and Mrs. Claus 18$ Photo prints and frames for Director's Photo 102$ Pool lobby decor for Jerry Lewis lobby upgrades 16$ Pool supplies for pool & festival (radios)107$ Popcorn for 20 seniors at Regal Movies 20$ Popcorn for Monthly Movie (Megan)15$ Popcorn for Movie Day (Black Adam)15$ Popcorn for Movie Day (Halloween)15$ Provided a meal to staff during training.61$ provided lunch for Hiring Event for employees on 3/18 69$ Provided lunch for outside panel for FT Coordinator interviews h 114$ purchase of beverages for luncheon 88$ purchase of canopies for events and programs 866$ purchase of food for center celebration 12$ purchase of food for center programming 17$ purchase of food items for center programming 22$ purchase of food items for cooking program 7$ purchase of supplies for breakfast with santa event 40$ purchase of supplies for ice rink 107$ PW Week Appreciation Lunch 462$ Raffle and Bingo Items for Senior Games 184$ Raffle Items For NYE dance on 12/30/22 at 5th Street 86$ Raffles items for Senior Prom on May 24th at Fifth Street Senior 77$ Raffles purchased for Volunteer Recognition on April 1st at 5th 102$ Recreation swim supplies, swim diapers 78$ Replacement supplies for CPR manikins 61$ Sandwiches for event for STAFF & VOLUNTEERS 609$ Packet Page. 306 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges SB Arts Fest 177$ Senior enjoyed the monthly movie at Regal (Megan)65$ Senior Movie Day (Avatar) on 12/27/22. 17 Senior Attended 85$ Senior Movie Day (Avatar) Popcorn.15$ Senior movie Thor and popcorn on July 19th 114$ Seniors attended movie day at Regal Theater 102$ Serving bowls and Salad for Employee lunch . AT the request of t 52$ Seven Senior Attended the Guardian of the Galaxy movie for Senio 35$ Seventeen senior attended the FastX movie for Senior Movie Day 85$ SKATEPARK Community Input Meeting Supplies 158$ snacks for spring break day camps at RHCC & VCC 140$ Special Event Table Covering & Keys to Jerry Lewis Doors 36$ staff equipment 217$ staff in-service training 35$ Staff Last Day Appreciation 34$ Steamer for Bunting, backdrops, & tablecloths 76$ Storage equipment for Xmas decorations for Miracle 27$ Storage supplies for Jerry Lewis Pool 78$ Sunshine Club Cooking Program 33$ supplies for breakfast with santa 170$ supplies for center program 12$ Supplies for Dive-In Movie 70$ supplies for event decorations 10$ supplies for events 190$ Supplies for festival first aid tents 235$ Supplies for Jerry Lewis & Festival 22$ supplies for meetings 22$ supplies for pool 93$ Supplies for programming 41$ Table covers Cinco De Mayo Food Fest 27$ Table covers for 'Twas the night before Christmas event 22$ Table covers Miracle on Court St.27$ The cashier scanned a item that was not apart of my purchase.(1)$ Thirteen Senior attended a special showing of the George Foreman 101$ thirteen Seniors seen Elvis and 1 senior and 1 staff seen Buzz l 75$ Thor on July 19th at regal movie-Seniors 15$ Verdemont Comm Ctrs cooking program 36$ Verdemont Community Center Cooking program 63$ Verdemont Community Center weekly cooking program 13$ Packet Page. 307 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Verdemont Community Center's Valentine's Day Celebration 8$ Verdemont Cooking program 112$ VETERANS DAY Garland 28$ Volunteer event 3-11-23 76$ Water ad ice for Water station -Egg Hunt Events 23$ Water Breakfast with Santa 48$ Water Container for Steamer 34$ Water for Easter event 22$ Water for Volunteer Starlight Cinema 15$ Water Safety Event Staff Appreciation Breakfast 79$ Water Station - Arbor Day event 26$ White Board Supplies 162$ 5121 - Advertising Advertising for the 2022 Inland Empire Senor Games 57$ Advertising for the 2022 Senior Games 69$ advertising for the Senior Health and Resource Fair 125$ boost for event 5$ boost for program registration 11$ boost for programs 25$ boost for starlight cinema 10$ boost for summer concert 13$ event boost 17$ Facebook advertising for the Inland Empire Senior Games 136$ Facebook boost for 2022 IE Senior Games 125$ Facebook Boost of Prom Flyer.95$ Facebook boosting for the Ollie McDonald Senior Talent Show Case 20$ Facebook for 2022 IE Senior Games 4$ Facebook Marketing for the Ollie McDonald Senior Talent Showcase 180$ Flippingbook on-line marketing of senior activities, including S 530$ Inland Empire Senior Games sports tournament 30$ social media boost 15$ social media boost for event 19$ Social media boost for special event 21$ social media boost to promote programs 15$ 5122 - Dues And Subscriptions apple music subscription to play music during events and center 11$ Flyer creation software subscription 100$ Membership dues for Women in Leisure Organization 35$ Scheduling software subscription 144$ Packet Page. 308 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges SCPPOA 2023-24 Membership Fees 30$ 5132 - Meetings And Conferences 2 Registrations for WILS Winter Social 76$ 2023 CPRS Conference -San Diego 953$ 3 Registrations - WILS LeaddHerShip Conf 105$ airfare for NRPA Conference 180$ Already a member with CPRS 5$ Amount was refunded back top the card 819$ Breakfast 4-4-23 CPRS Conference 2023 21$ CPRS Awards Banquet 40$ CPRS CFPR Brunch Registration 45$ CPRS conference and Pres. Brunch Reg 65$ CPRS Conference Aquatics Intensive 75$ CPRS Conference Registration-CM 515$ CPRS School of Rec 200$ CPRS Training parking 45$ Credit to Change to a reduced flight rate for Community Recreation Manager (160)$ Dinner 4-3-23 CPRS Conference 2023 52$ Dinner 4-5-23 while at conference -CPRS 2023 33$ Director Registration at Women In Leisure Services Winter Social 33$ Disaster Expo Parking Fee 40$ Hosted meeting 25$ Hotel stay for NRPA Conference 653$ I attended CPRS in San Diego. My housing was paid for weeks prio (819)$ interview panel for full time coordinator interviews 80$ Interview Panelist Lunch for Coordinator - 10/13/2022 71$ Lodging for Annual NRPA Conf in Phoenix 653$ Master Plan Department Meeting 413$ modified flight for NRPA Conference 38$ No payment was found at time of Check-In at Airport (218)$ NRPA Conference attendee 218$ NRPA Conference Registration 865$ Rec Therapy Training during the CPRS Conference on 4/3/23 239$ Refund for Brunch Registration at CPRS Conference (45)$ Registration for 2023 CPRS Conference 465$ Registration for Annual NRPA Conf in Phoenix 865$ Registration for COMMUNITY RECREATION PROGRAM SUPERVISOR & Senior Recreat 62$ Registration for CPRS Conference Session-Inside Out 20$ Registration for Natnl Rec & Park Assoc Conf 775$ Packet Page. 309 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges SCMAFF/SCPPOA Training 35$ SCPPOA Monthly Meeting & Training 40$ Senior Symposium Mini Conference 15$ Senior Symposium Mini Conference for Community Recreation Program Coordinato 15$ Senior Symposium Mini Conference for Senior Recreation Leader 15$ Training located on a island during CPRS Conference.15$ Transportation to Annual NRPA Conf in Phoenix 378$ Transportation to Natnl Rec and Parks Asso (218)$ Vaccination card or negative verified COVID-19 tests 129$ 5133 - Education And Training AFO Training-Certification for COMMUNITY RECREATION PROGRAM SUPERVISOR & 680$ CPRS 1 day CAMS (California Aquatic Mgnt School)220$ CPRS Senior Services Training on April 3 50$ Entered in A CPRS Recognition 75$ Red Cross staff training/certification 40$ Staff Certification 256$ Staff Certifications 293$ Staff Education & Meeting at SCPPOA & SCMAF Conference 60$ Staff received there food handlers certificate via online.44$ staff training/education 10$ Supplies for Festival first aid stations & Jerry Lewis 214$ Supplies for Festival first aid tents & Jerry Lewis 272$ 5167 - Software Maintenance Software Subscription for large format printer 809$ 5171 - Rentals Rental of table cloths and serving fountain for Senior Prom and 448$ Rental of tablecloths and serving fountain for Senior Prom and K 521$ 5175 - Postage Postage to mail out ballfield lighting controller communication 10$ Postage to send back electronic parts for ballfield lights contr 10$ Shipping of parts for repair/replacement 12$ Sister City Art Shipping Costs-Goyang, Korea 2,802$ 5181 - Other Operating Expense annual membership for online design program 360$ fees associated with $83.88 purchase, this receipt was already s 1$ Fire Permit Festival Event 316$ Fire permit Miracle on Court St.316$ QR program and tracking software 84$ SB Arts Fest Fire permit 59$ Packet Page. 310 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Scheduling software 144$ Scheduling software for aquatic staff 216$ shredding services Arbor-Earth Day event please use account 001 100$ 5502 - Professional Contractual Services payment for CPRS award submission-CID Disney Trip 75$ payment of CPRS Award Submission-Festival Event 75$ 5505 - Other Professional Services payment for CPRS awards submission-Community champion 75$ Parks & Recreation Total 62,038$ Police 5102 - Computer Equip-Non Capital external hard drives for evidence collection 642$ 5111 - Material And Supplies 10x10 Microfiber Black background for recruitment 127$ Bluetooth adapter to be used by Professional Standard Bureau 26$ Cargo straps for ATV program 237$ Ceiling fans for police gym 268$ Central vacuum cleaner bags and filters for cleaning dispatch 53$ Central vacuum system filters for cleaning police dispatch 21$ Charge to be disputed 29$ Charges being disputed 29$ Chief's appreciation to community business.81$ Construction Demo bags for COAST Team 190$ Credit for Disputed Charges from Sept 2022 (57)$ Direct connect telephone device USB drives 49$ Double-side floor tape used for training mats 152$ Equipment for police gym 473$ external hard drives for evidence collection 61$ Flash drives for data storage for all police employees 574$ Heavy duty accessory wall for policy gym 248$ Honeywell Safety Disposable Respirator Mask 3,161$ Letter tray for Chief 166$ Optics Rangefinder for Personnel & Training division 206$ Picture frames for motivational artwork 852$ PRAC card reader cover for E street parking lot gate.68$ Purchase of supplies for police firing 543$ REFRESHMENTS FOR COUNTY CHIEF MEETING 54$ REFRESHMENTS FOR SERGEANT TRAINING 171$ Replacement blades for the drone.37$ Packet Page. 311 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Replacement key fob for City vehicle use by Capt.78$ Replacement key fobs for 2022 Ford Maverick police vehicles 159$ Replacement shower curtains for men's and women's locker room sh 139$ Replacement shower curtains, flash drives 402$ Replacement water filter 71$ Return address stamps for Personnel & Training 43$ Ribbons, Brass bars and Medals 296$ Signature stamps for executive staff 121$ Signature stamps for Property division employees 49$ Sit n' Reach Trunk for Personnel & Training 141$ Spray paint - not delivered, credit issued (83)$ Spray paint for Traffic division 83$ Storage accessories for police Property division 24$ Supplies for employee training classes.1,230$ Supplies for Homicide division to be used during investigations 320$ Supplies for Police Property division 88$ To be used by various sections of the department 1,370$ To be used in the covid vehicles.544$ To reclass JE#2023-0763 to correct GL for P Card Sep 2022 (3,161)$ Uniform Ribbons and bars.439$ USB drives and blades for drone 48$ USB drives for data and media storage for police investigations.688$ USB drives for data storage, used by PD employees.436$ USB drives for various departmental use 793$ USB drives used for data storage by PD employees 92$ Various size flash drives for digital case evidence.318$ Window curtain and tension rod 88$ 5112 - Small Tools And Equipment CAT 5 cable purchase for installation of new technology in Polic 1,031$ Equipment for computer station in Investigations.42$ HDMI Cable for new hardware installed in Investigations.9$ HDMI cables and accessories for new hardware installed in Invest 43$ 5113 - Motor Fuel And Lubricants Fuel for Chief's city issued vehicle.167$ 5121 - Advertising Employee recruitment advertising 3,986$ Employee recruitment advertising.65,328$ Police department recruitment advertising 15,888$ Recruitment advertising for police personnel.9,887$ Packet Page. 312 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Recruitment advertising for vacant police positions 500$ Refund of advertising fees (33)$ 5122 - Dues And Subscriptions Annual subscription fees for Zoom to be used by management staff 162$ joinsbpd.com domain name fees 2023 - 2025 69$ Monthly podcast hosting fees for Community Affairs 12$ Monthly subscription fee for podcast posting by Community Affair 12$ Monthly subscription for police podcast posting 12$ Subscription for department pod cast posting 12$ 5132 - Meetings And Conferences Attendance by Chief and other Staff at annual San 515$ CAL BAPTIST CAREER EXPO REGISTRATION 150$ PUBLIC SAFETY CAREER FAIR REGISTRATION 80$ 5133 - Education And Training 3-DAY SURVEILLANCE & COVERT OPERATIONS TUITION 630$ ADV CRIME SCENE PHOTOGRAPHY TUITION 1,537$ BOSCH CDR ON-LINE TRAINING TUITION 200$ BOSCH CDR TOOL - ONLINE TRAINING COURSE 200$ BOSCH CDR TOOL ONLINE TRAINING COURSE 200$ CCIAA CONFERENCE - HOTEL 813$ CITY LEADER CONFERENCE FLIGHT TO SACRAMENTO 620$ CITY LEADERS CONFERENCE HOTEL 1 NIGHT (2 NIGHTS TOTAL)709$ CITY LEADERS CONFERENCE REGISTRATION FEE 625$ COMPENSATION SURVEYS & DATA ONLINE COURSE 75$ CRASH DATA RETRIEVAL TUITION 1,500$ ELECTRIC VEHICLE TRAINING REGISTRATION 279$ EVIDENCE MANAGEMENT COURSE 345$ FAIR AND LEGALLY COMPLIANT IA INVST 1,350$ GOOGLE FOR L.E. GEO FENCE TUITION 1,275$ HEARING EXAMINER TRAINING FOR PARKING CITATIONS 350$ HOMELAND SECURITY CONFERENCE - USE ACCT 001-210-0086-5133 1,450$ Hotel Deposit for Chief 382$ HOTEL DEPOSIT RETURNED (382)$ I.E. GANG WORKSHOP REGISTRATION 500$ IACP REGISTRATION 500$ IT'S NEEDED CONFERENCE - TABLE OF 8 2,400$ LEGISLATIVE SUMMIT TUITION 310$ LEGLISLATIVE SUMMITT - HOTEL 243$ MASTER TACTICAL BREACHER REGISTRATION 2,700$ Packet Page. 313 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Master Tactical Breacher tuition 2,700$ PUBLIC INFORMATION OFFICER TUITION 425$ PUBLIC INFORMATION OFFICER TUTIION 425$ PUBLIC SECTOR EMP LAW CONF TUITION REIMBURSE (625)$ PUBLIC SECTOR EMPLOYMENT LAW ANNUAL CONF REGISTRATION 650$ SCAFO TRAINING CONFERENCE 500$ SEARCH WARRANT WORKSHOP TUITION 390$ SWAT training 286$ TUITION - GOOGLE FOR LAW ENFORCEMENT 255$ VICTOR VALLEY JOB FAIR REGISTRATION 80$ VICTOR VALLEY JOB FAIR REGISTRATION - DUPLICATE ENTRY 80$ VICTOR VALLEY JOB FAIR REGISTRATION REIMBURSEMENT FOR DUPLICATE (80)$ 5134 - Training Post Reimburseable ACADEMY FEES 1,697$ ACADENY FEES 424$ AVAITION SECURITY PARKING FEE 75$ AVIATION SECURITY - SECOND ROOM 698$ AVIATION SECURITY PARKING FEES 75$ AVIATION SECURITY TRAINING 698$ BASIC ACADEMY 5,094$ BASIC ACADEMY FEE 13,584$ BASIC ACADEMY FEES 15,282$ BASIC ACADEMY FEES - USE ACCT 001-210-0086-5134 3,430$ BASIC ACADEMY FEES use 001-210-0086-5134 3,424$ Basic Law Enforcement Academy 8,490$ BASIC POLICE ACADEMY FEES 1,698$ BASIC TRAFFIC ACCIDENT INVESTIGATION REG FEE 215$ CATO SLP SESSION 1 HOTEL RECEIPT 435$ CHEMICAL AGENT INSTRUCTOR COURSE 3,762$ CPCA SYMPOSIUM TUITION 875$ CPCA SYMPOSIUM TUITION CREDIT MEMO (875)$ CRISIS NEG TUITION 799$ DEFENSIVE TACTICS INSTRUCTOR 2,400$ DIVERSIONARY DEVICE INSTRUCTOR 442$ FBILEEDA LEADERSHIP COURSE 695$ HUMAN TRAFFICKING HOTEL PAYMENT 1,137$ HUMAN TRAFFICKING TUITION 900$ LEADERSHIP & ACCOUNTABILITY REGISTRATION 750$ LESS LETHAL INSTRUCTOR 786$ Packet Page. 314 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges OUTLAW M/C GANG CLASS TUITION 149$ OUTLAW MC GANG TUITION 298$ POST EXECUTIVE WORKSHOP HOTEL 584$ SPECIAL EVENT PLANNING 153$ TUITION - SCHOOL VIOLENCE & DE-ESCALATION FOR DISPATCHER 324$ UNDERCOVER OPERATIONS TUITION 250$ Use of Force course 125$ WOMAN LEADERS IN LAW ENFORCEMENT TUITION 1,800$ 5167 - Software Maintenance Annual website fees for joinsbpd.com 264$ Dropbox license fees for 3 licenses (4/20/23 - 4/20/24)540$ Motion Array Software to be used by community affairs.,240$ 5174 - Printing Charges Map laminating for Chief's office.80$ Police Total 206,840$ Public Works 5111 - Material And Supplies "Okay to charge per Director of Finance & Mgt Services- 10/20/22" CED & PW 110$ 2 badges for new part time security officer 57$ Activities & supplies bought for PW's Employee Appreciation Week 20$ alarm/sire lock for court street square 350$ aluminum racing jack for city yard gate repair 174$ Aluminum signs for Seccombe Lake 126$ ART SUPPLIES FOR MURALS 882$ barb wire for boys & girls club ac enclosures 215$ BREAKROOM PAPER TOWEL HOLDERS 14$ Catered food for Public Work's Week employee appreciation event.648$ Catered from this restaurant for janitor staff appreciation even 456$ DOWNTOWN ART SUPPLIES 1,552$ DOWNTOWN SIGN POLE BRACKETS 2,327$ dvd palyer 138$ dvd player- returned (138)$ Everpure filter for facilities office 49$ exit stopper multifunction door alarm Court St Square 75$ facilities safety tape & do not block door sign 88$ Final payment to Sitio Landscape for State St Extension 661$ HONEY BADGER CLEANING CHEMICHAL 2,757$ HOSE AND NOZZLE FOR SPRAY MACHINE 912$ lights for california theater 853$ Packet Page. 315 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges locks for Edison panel for the casa romana electrical fix 27$ maximum occu sign for comm ctr per fire marshall 27$ metal zip ties for boys/girls club ac units 32$ misting nozzles for animal control kennels 43$ misting nozzles for animal control dog kennels 39$ motion detector outdoor alarm light for Court St Square 98$ New blinds bought in order to replace current ones.2,000$ New blinds were bought to replace current ones.790$ outdoor flood lights boys/girls club due to vandalism 151$ picture hanger hooks for drywall 13$ picture hangers- nail free 160$ Prize for PW Employee Appreciate Week event. Please note that ta 14$ razor wire for boys/girls club ac enclosure 76$ REPLACEMENT PLAQUES FOR MLK EVENT CITY HALL 549$ shelving unit for Public Works executive assistant 185$ signs for 201 B bldg 104$ signs for 201 bldg 78$ solar strobe lights for boys/girls club ac alarm 98$ STORAGE LOCKERS FOR HOMELESS 1,001$ Supplies for PW Employee Appreciation Week event. Please note th 28$ SUPPLIES TO REPAIR MLK STATUE 246$ table skirts for cm- chief of police swearing in 46$ tennant brush assemblies for tennant machine 419$ The hammers that were purchased were sent off to get lasered eng 200$ TRAIN DEPOT SIGNAGE 160$ vacuum cleaner bags for upright 131$ water filters for water machines 138$ water fountain filter replacement facilities 139$ water misting nozzles for kennels 43$ window film security & safety clear 181$ 5112 - Small Tools And Equipment 2nd dehumidifier for P & R offices 869$ ARBORIST EQUIPMENT 339$ Bought 14 sledge hammers in order to have laser engraving done f 480$ dehumidifier for P&R- due to bldg leaking 1,303$ DIVIDER PANELS FOR NEW HIRES 2,040$ dvd player for safety dvds 49$ Earlier April we have purchased 14 sledge hammers for the Carous (34)$ LOCKER FOR FEMALE EMPLOYEE 872$ Packet Page. 316 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges refrigerator for engineering public works 939$ refrigerator for parks & rec 1,140$ SIDE STEPS FOR FORESTRY TRUCK 876$ TOOL RACK FOR TRUCK BED 176$ TREE BAND TIES FOR NEW TREE INSTALLATION 170$ TRUCK BED STORAGE SYSTEM FOR NEW O&M TRUCK 1,577$ 5122 - Dues And Subscriptions 2022 IRWA Membership for Assessment District Specialist 168$ Biennial Civil Engineer Renewal w/ DCA 180$ bldg maint monthly prime membership 16$ bldg maint prime monthly membership 33$ bldg maint prime monthly subscription 16$ Credit due to I.T. department taking over Dropbox pmt (4)$ Dropbox Monthly Fee (7/30/22 to 8/30/22)12$ Dropbox Plus Fee (8/31 - 9/30/2022)12$ Dropbox Plus Monthly Fee (6/30 - 7/30/2022)12$ facilities monthly prime membership 16$ facilities monthly prime subscription 33$ Facilities prime monthly subscription 16$ Monthly membership subscription 16$ monthly prime membership 16$ Prorated amount for Zoom Standard Pro 1$ Zoom Pro Monthly Fee (8/18-9/17/22)16$ Zoom Standard Pro Monthly Fee: 7/18 - 8/17/2022 16$ 5132 - Meetings And Conferences APWA Inland Empire Conference (5 PW Staff Attending)220$ Flight for APWA Conf for Director of Public Works 623$ Hotel Stay for APWA Conf for Director of Public Works 504$ Lunch after Deputy Director of Operations interview with director of parks & rec 44$ Paid cab ride fare for a meeting.65$ Paid for parking to attend Public Works Officers Institute confe 44$ Paid for parking while at the Public Works Officers Institute co 39$ Parking Charges re: Annual ITE Conference - Palm Springs 171$ Public Works Week Summer BBQ Food Items 634$ Purchased breakfast while at Public Works Officers Institute con 11$ Purchased breakfast while attending Public Works Officers Instit 18$ Purchased registration ticket to attend APWA SoCal 80$ Registered to attend APWA's 2022 Project of the Year 49$ Registration for League of California Cities regional conference 625$ Packet Page. 317 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Room Reservation for Annual ITE Conference for Traffic Engineering Associate 399$ Room Reservation for Annual ITE Conference for Traffic Engineer 399$ Zoom Standard Pro Monthly Dues (6/18 - 7/17/2022)16$ 5133 - Education And Training APWA Construction Training 9/8/2022 153$ Jacqueline Felix, Engineering Assistant I, enrolled in a course 60$ Purchased a 6 - months online PE Civil Transportation course for 5,294$ Registered Garrett Scott, NPDES Inspector I, Online course 375$ Registered Richard Garcia, NPDES Inspector I, Online course 375$ SAWPA event attended by PW employee 44$ This 10 weeks water and environmental course is for our Engineer 550$ 5174 - Printing Charges Purchased 5 posters for the 2023 National Public Works week.118$ Public Works Total 41,828$ 001 - General Total 586,975$ 111 - AB2766 Air Quality City Manager 5111 - Material And Supplies Plastic bags for packaging of Rideshare Giveaway 8$ 5132 - Meetings And Conferences Annual Rideshare Week Promotion Meetings 108$ Credit for swag for Rideshare booth at Benefits Fair (8)$ Swag for Rideshare Booth at Benefits Fair 179$ 5181 - Other Operating Expense Rideshare table giveaways at the City of SB Benefits 85$ City Manager Total 372$ 111 - AB2766 Air Quality Total 372$ 119 - Community Development Block Grant Community Development & Housing 5111 - Material And Supplies Desk for housing 445$ Local Experts-community meeting.35$ SBC Homeless Partnership Steering Committee 45$ 5132 - Meetings And Conferences 2023 National Health Care for the Homeless Confere 519$ Ashley Esquivel Co-Sheltering Conference 2023 140$ Eviction Prevention-Legal Services 103$ National Alliance to End Homelessness, Deputy Director 825$ National Alliance to End Homelessness, Homeless Coordinator.825$ Packet Page. 318 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges PITC_Burritos 130$ PITC_Coffee 181$ PITC_Donuts 183$ PITC_Waters 43$ Policy & Engagement Forum, Project Manager 100$ 5133 - Education And Training NCDA Home Primer on-demand training for Housing Compliance Specialist 150$ UPCS for HOME Training- Housing Compliance Specialist & Management Analyst I 790$ Community Development & Housing Total 4,513$ 119 - Community Development Block Grant Total 4,513$ 123 - Federal Grant Programs Animal Services 5111 - Material And Supplies Foster Program Supplies - should be program 8936, but is unavail 28$ kitten formula for foster program 87$ Kitten formula for foster program.1,789$ Purchase was for wet cat food 274$ supplies for kitten foster program 125$ Supplies for the foster pet program - should be Program 8936, bu 2,100$ Animal Services Total 4,403$ Library 5111 - Material And Supplies Individual Replacement of Item 31$ Replacement of Individual Item - Teacher's Guide 103$ 5122 - Dues And Subscriptions Design Application used to create marketing materials 120$ 5132 - Meetings And Conferences Conference Travel 198$ Serving with a Purpose Conference 66$ Library Total 518$ Parks & Recreation 5111 - Material And Supplies Decor for the Volunteer Recognition on 4/1/23 53$ Decor For Volunteer Recognition on 4/1/23 8$ Decor for Volunteer Recognition on april 1st 36$ Mask for Volunteer Recognition on April 1st at the Fifth Street 40$ 5132 - Meetings And Conferences Hotel accommodations for Senior Recreation Leader for the 2023 AmeriCorp 894$ Roundtrip flight for AmeriCorps Convening in Washington D.C. on 642$ Packet Page. 319 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Roundtrip flight to AmeriCorps Convening in Washington D.C. on M 705$ 5171 - Rentals rental of bus for Back 2 Nature Grant Funded hiking trip... note 780$ Reservation/Rental of transportation buses for Sea World Trip 3,105$ 5181 - Other Operating Expense Outdoor Equity Grant Program-Grant Funded Trip 8,362$ 5505 - Other Professional Services Reservation of Campground for Back to Nature Grant ex 1,058$ Parks & Recreation Total 15,683$ Police 5111 - Material And Supplies To reclass JE#2023-0763 to correct GL for P Card Sep 2022 3,161$ Police Total 3,161$ 123 - Federal Grant Programs Total 23,766$ 124 - Animal Control Animal Services 5111 - Material And Supplies Additional shower hooks to hang clear shower curtains 93$ Additional traps to control the ground squirrel population 141$ Bottles for disease titer testing of samples 43$ Brush and scoop for horse 21$ Chicken and pig food 114$ Clear shower curtains and hooks to hang in quarantine 296$ Clear Shower curtains for isolation 43$ Clear Shower curtains for isolation ward 33$ Foil pans for litter boxes and small paper trays for cat food. U 840$ Foil steam pans for cat litter trays, paper bowls and trays for 1,431$ Food for impounded animals 41$ General Ledger Code should be 5505, but missing from drop dn- th 210$ Horse and Pig food for animals at the shelter 274$ Kitten food - kibble and wet food 377$ Leashes 158$ Litter pans and food dishes for the cats 1,227$ Needed hoses and spraying foamers to sanitize kennels 205$ Needed replacement shower curtains to contain distemper outbreak 206$ Pig Food and Chicken Scratch for animals impounded 48$ Pig Food for 2 pigs impounded at the shelter 56$ Pig Food for pot-bellied pig 28$ Puppy food and formula for impounded dogs 653$ Packet Page. 320 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Puppy formula for orphaned litter 57$ Regular animal food 261$ Shelter had an overabundance of flies 231$ Shock proof case and stylus for new iPad 56$ Specialized food for impounded animal 72$ Spray bottles for disinfection stations 82$ Supplies, including heat lamp and bedding for ball python 39$ Traps for ground squirrels at the shelter.141$ two-way radios for kennels 120$ Wet food for cats and kittens at the shelter 873$ Zip ties to secure shade cloth 27$ 5122 - Dues And Subscriptions Accuity Scheduling Software for the shelter 168$ 5132 - Meetings And Conferences California Animal Welfare CEO forum 550$ Flight to Sacramento for Cal Animals CEO conference. Signed Trav 637$ 5133 - Education And Training Best Friends Conference in Raleigh, NC. Trip 934$ Dog Behavior class for Comm Services Program Coordinator 399$ Rental car for CEO Conference 290$ 5505 - Other Professional Services Payment for pest control services at the animal shelter 180$ Professional Services. 405$ Animal Services Total 12,060$ 124 - Animal Control Total 12,060$ 126 - Gas Tax Fund Public Works 5111 - Material And Supplies ASPHALT REMOVER FOR STREET CREW 303$ ASPHALT REMOVER FOR STREET SECTION 398$ CITY FUEL ISLAND WAS OUT OF SERVICE AND HAD TO FUEL THE CITY TRU 116$ HOSE AND FITTINGS FOR PRESSURE WASHER 280$ SIGN PLOTTER CUTTING BLADES 244$ 5112 - Small Tools And Equipment SPRAY NOZZLES FOR THE TACK MACHINE 568$ Tablet equipment needed for graffiti crew..22$ 5122 - Dues And Subscriptions ANNUAL ISA RENEWAL - Arborist 185$ arborist ISA RENEWAL 185$ Packet Page. 321 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges HAZARDOUS WASTE MANIFEST ANNUAL RENEWAL 15$ 5133 - Education And Training Arborist ISA TRAINING 25$ IMSA MEMBERSHIP FOR DAN MORRIS AND MIKE VALDEZ 200$ ISA TRAINING Arborist 110$ Purchased 20 copies of 2019 (newest) version of Traffic Control 452$ 5167 - Software Maintenance ADOBE PRO RENEWAL 180$ 5172 - Equipment Maintenance GRAFITTI SPRAY GUNS MAINTENANCE 1,491$ Public Works Total 4,775$ 126 - Gas Tax Fund Total 4,775$ 129 - Measure I Capital Improvement Projects 5504 - Construction Award purchase for Pepper Ave Ceremony 762$ Items for Pepper Ave Groundbreaking Ceremony 52$ Capital Improvement Projects Total 813$ 129 - Measure I Total 813$ 131 - CDBG-CV 1 Community Development & Housing 5111 - Material And Supplies Ergonomic desk, sit to stand for Deputy Director and Sr Manageme 435$ Supplies for Senior Management analyst and Admin Assistant worki 122$ Community Development & Housing Total 557$ 131 - CDBG-CV 1 Total 557$ 247 - Cultural Development Construction Parks & Recreation 5111 - Material And Supplies 50/50 Split for Hall Rental and Meals 2,154$ EE HOLIDAY BREAKFAST Supplies-Ornaments (Gold)648$ EE HOLIDAY BREAKFAST Supplies-Ornaments (red)648$ EMPLOYEE BREAKFAST Centerpiece and decorating 362$ EMPLOYEE BREAKFAST Centerpiece Decoration Supp 42$ EMPLOYEE BREAKFAST Centerpiece Supplies 105$ EMPLOYEE BREAKFAST Decoration Supplies 155$ EMPLOYEE HOLIDAY BREAKFAST Centerpieces 151$ MIRACLE ON COURT ST - Snow Solution 431$ MIRACLE ON COURT ST backdrops and banners 524$ Packet Page. 322 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges MIRACLE ON COURT ST Decor Supplies for Santa's Village 136$ MIRACLE ON COURT ST Decorating Supplies 83$ MIRACLE ON COURT ST Feliz Navidad Scene Tree S 17$ MIRACLE ON COURT ST Letters to Santa and Ornam 52$ MIRACLE ON COURT ST Letters to Santa Envelopes 146$ MIRACLE ON COURT ST Letters to Santa Labels an 35$ MIRACLE ON COURT ST Letters to Santa Mailbox 183$ MIRACLE ON COURT ST Letters to Santa Stationary 28$ MIRACLE ON COURT ST Letters to Santa Supplies 13$ MIRACLE ON COURT ST Santa Beards 45$ MIRACLE ON COURT ST Santa Hats 13$ MIRACLE ON COURT ST Santa Suit and Accessories 180$ MIRACLE ON COURT ST Santa Suits and Accessories 257$ MIRACLE ON COURT ST Santa's Village D?cor Supplies 66$ MIRACLE ON COURT ST Santa's Village Decor Supplies 70$ MIRACLE ON COURT ST Snowflake Machines 301$ MIRACLE ON COURT STREE Letters to Santa Envelopes 48$ MIRACLE ON COURT STREET Decorating supplies 59$ MIRCLE ON COURT ST Decorations and Backdrop, C 130$ SEALS Purchased in Dec 2022 for Letters for Santa 9$ Sister City Art Display stools for vases-Korea 88$ Sister City Art Display Supplies 29$ Sister City Art Display Supplies - Korea 42$ Sister City Art Display Supplies-Korea 427$ Sister City Art Shipping Supplies-Goyang Korea 139$ 5132 - Meetings And Conferences FESTIVAL Committee Debrief Meeting - 10/18/2022 268$ FESTIVAL Debrief Meeting with Facilities 98$ 5171 - Rentals 50/50 Split for Hall Rental and Meals 2,154$ Generator Rental for FESTIVAL Event 10/08/2022 2,409$ 5502 - Professional Contractual Services Deposit for Aerialist Performer at FESTIVAL 10/08/22 533$ FESTIVAL Final Pmt for Aerialist 533$ Stilt Walker performer at the FESTIVAL - 10/8/2022 1,450$ Parks & Recreation Total 15,261$ 247 - Cultural Development Construction Total 15,261$ Packet Page. 323 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 264 - Regional Circulation System Capital Improvement Projects 5504 - Construction State Street Ceremony materials 222$ State Street Ribbon Ceremony materials.309$ State Street Ribbon Ceremony water and supplies.77$ Capital Improvement Projects Total 608$ 264 - Regional Circulation System Total 608$ 629 - Liability Insurance Fund Human Resources & Risk Management 5111 - Material And Supplies COFFEE, PLATES, CUPS, TISSUE FOR OFFICE 30$ PRIVACY FILM FROSTED GLASS FOR OFFICES ON FLOOR 8 29$ 5122 - Dues And Subscriptions CPER POCKET GUIDES 692$ LABOR LAW POSTERS ANNUAL UPDATE SERVICE 936$ 5132 - Meetings And Conferences CALGOVHR CONFERENCE STAY FOR DIRECTOR OF HR 133$ LCW CONFERENCE STAY FOR DIRECTOR OF HR 87$ Human Resources & Risk Management Total 1,907$ 629 - Liability Insurance Fund Total 1,907$ 635 - Fleet Services Fund Public Works 5111 - Material And Supplies door handles unit # 2119 85$ filters for Avant mini loader 1,148$ fleet toaster oven 141$ forklift towing attachment # 0362 126$ fuel cap unit # 0460 13$ grease gun coupler unit # 0458 86$ ignition keys unit # 0501 40$ metal oxide film resistors for fleet 6$ pump anti lock brake part 78$ rubber fuel line unit # 451 19$ silicon for trailer lights 13$ small plastic pool for tire location of leak 11$ 5112 - Small Tools And Equipment code reader for vehicles 304$ dvd player for fleet safety meetings 138$ Packet Page. 324 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Fleet laser key maker 2,460$ refund on key maker- never arrived (2,460)$ solvent pump & emulsion strainer basket 985$ 5122 - Dues And Subscriptions April's mo prime membership for fleet 16$ Fleet amazon prime monthly membership 16$ fleet monthly prime membership 33$ fleet monthly prime subscription 65$ fleet prime monthly membership 16$ Monthly membership subscription 16$ monthly prime membership 16$ partial of monthly prime charge- march 2$ 5174 - Printing Charges do not block floor decals 163$ Public Works Total 3,537$ 635 - Fleet Services Fund Total 3,537$ 678 - Workers Compensation Human Resources & Risk Management 5111 - Material And Supplies COFFEE, PLATES, CUPS, TISSUE FOR OFFICE 30$ PRIVACY FILM FROSTED GLASS FOR OFFICES ON FLOOR 8 29$ 5122 - Dues And Subscriptions CPER POCKET GUIDES 692$ LABOR LAW POSTERS ANNUAL UPDATE SERVICE 936$ 5132 - Meetings And Conferences CALGOVHR CONFERENCE STAY FOR DIRECTOR OF HR 133$ LCW CONFERENCE STAY FOR DIRECTOR OF HR 87$ REFUND WC TRAINING W/ CPS HR CONSU (199)$ 5133 - Education And Training TRAINING COURSE - HR 219$ Human Resources & Risk Management Total 1,927$ 678 - Workers Compensation Total 1,927$ Packet Page. 325 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges 679 - Information Technology Information Technology 5102 - Computer Equip-Non Capital Portable projector screen with stand to be used for city-wide pr 139$ 5111 - Material And Supplies Cable dressing for network cables for the Police Department.58$ Computer supplies for city-wide upgrades.808$ Display port cable for conference room setup.43$ Door Bell for front door deliveries 33$ Ergonomic chair for Director.268$ Ergonomic chair for employee 272$ Ergonomic chairs for employees 538$ Laptop Case and Supplies for IT Director and Chief of Police 275$ MICROSOFT RESOURCE LITERATURE FOR IT 24$ Office supplies for Director.42$ Portable Laptop Desk for Directors 175$ Power adapters for Animal Control's desk phones 43$ Protective Cover for Laptop.32$ 5112 - Small Tools And Equipment Equipment for server rack install.36$ Headset for Call center.231$ Modular adapter for network support.50$ Mounting kit for Police Department's network hardware.161$ Network Switches for city-wide support of add'l computers 457$ Replacement cable for headset.34$ 5122 - Dues And Subscriptions Additional subscription for enterprise encryption password manag 42$ Annual Subscription for enterprise encryption password managemen 120$ Subscription for enterprise encryption password management syste 189$ 5133 - Education And Training Airfare for Karl DeSilva for Tyler Technology Training.376$ Training for Senior IT Analyst 1,495$ Training for Tyler software products.1,099$ 5167 - Software Maintenance 2 additional drop box licenses 458$ 7 Additional Dropbox License 376$ Additional Drop Box License 73$ Additional drop box license for HR.238$ Additional drop box license.215$ Packet Page. 326 City of San Bernardino Purchasing Card Charges by Department FY2022-2023 Expenditures Fund / Department / Account / Description P-Card Charges Additional drop box licenses 249$ Additional Dropbox license 298$ Additional dropbox license for Mayor's Office 93$ Additional Dropbox license for the Mayor's Office 211$ Additional Dropbox User License 1,030$ Additional Dropbox user licenses needed 117$ Additional user licenses 153$ Automation and mazement of email communication 119$ Calendar Software for website 300$ Calendar Software processing fee 3$ Constant Contact Email Service for CM's Office 9$ Constant Contact Email Service for CM's Office.76$ Email communication for the City on behalf of the CM Office 76$ Email service for CM's office 34$ For Animal Services Domain 45$ For City Manager Office to automate and manage email.195$ For the CM's office to automate and manage email.76$ Register of the City's domain name 62$ Register of the city's domain name.860$ Renewal for domain.42$ Service for CM's office to automate and manage email.76$ Service to automate and manage email.9$ Software inventory tool 1,945$ SSL Certificate for the Main Firewall.210$ SSL Certification renewal for the firewall.860$ To automate and manage email.9$ 5171 - Rentals Fuel for Netly Fiber visit.100$ Transportation for the Netly Fiber tour.233$ 5183 - Management Allowance Food for department monthly meeting 48$ Food for department monthly meeting.50$ Food for Management monthly meeting 50$ Food for Monthly Department Meeting.47$ Food for monthly management meeting.48$ Monthly Department Meeting 100$ Information Technology Total 16,235$ 679 - Information Technology Total 16,235$ Grand Total 673,306$ Packet Page. 327 Fund Amount 001 - General 682,027$ 101 - City of SB State of the City 2,009$ 117 - Home Improvement Part 14.239 622$ 119 - Community Development Block Grant 9,415$ 123 - Federal Grant Programs 49,888$ 124 - Animal Control 22,527$ 126 - Gas Tax Fund 30,041$ 130 - State And Other Grant Programs 22,339$ 141 - Local Grants 4,361$ 247 - Cultural Development Construction 4,582$ 527 - Integrated Waste Management 2,512$ 629 - Liability Insurance Fund 8,483$ 635 - Fleet Services Fund 4,169$ 678 - Workers Compensation 4,617$ 679 - Information Technology 19,566$ Grand Total 867,158$ City of San Bernardino Purchasing Card Charges by Department FY2023-24 Expenditures Summary by Fund Packet Page. 328 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 001 - General Mayor 5111 - Material And Supplies Certificate paper - 6/10/23 - Mayor $26 Certificate Paper - Mayor's Office 6/2/23 $34 Certificate Paper & gavel - Mayor's Office 6/2/23 $77 Certificate Paper for MCC events. 5/8/24 $66 Cleaning supplies & decoration for the office - Mayor $8 CREDIT FOR SUPPLIES ($34) Drinkware for the Mayor 3 3/21/24 $5 Frames for Proclamation's and Certs - 9/13/23 - Mayor $30 Jacket and polo shirts for the Mayor & staff. 11-6/23 $320 Lapel Pins for Mayor & Staff - 10/5/23 $114 Office Supplies - Privacy Screens for ipads. Mayor 4/24/24 $70 Office Supplies 2/12/24 Mayor $14 Office Supplies for Mayor - 10/31/23 $29 Office Supplies for Mayor - 4/1/24 $37 Office supplies for Mayor - 9/3/23 Mayor $27 Office Supplies for Mayor 4/2/24 $61 Office Supplies for Mayor. 4/25/24 $51 Office Supplies for the Mayor - 8/27/23 - Mayor $34 Office Supplies for the Mayor -8/27/23 - Mayor $6 Photo frames for Mayor's Office - Mayor 12/29/23 $22 Picture frame for former mayor's photos. - Mayor 12/13/23 $22 Picture frames for Jayden Daniels Proclamation. Mayor 1-19/$30 Purchase inadvertently made on card on 7/20/23. Refunds issued o $131 Purchase of light snacks and utensils for Mayor's on-site meetin $55 Refund of purchase inadvertently made on card on 7/20/23. - May ($106) Return of frames for Proclamation's and Certs due to incorrect s ($30) Spring Decor for Mayor's Office 3/18/24 - Mayor $3 Standing Desk for Mayor. 4/24/24 $145 Storage bins for Mayor's Office. Mayor 4/25/24 $43 SUPPLIES $34 Supplies for office. 2/13/24 Mayor $44 Lapel pins for Mayor, Council, & staff for Child Abuse Prevention $23 5122 - Dues And Subscriptions Balance due for Sun Newspaper subscription for Nov 2023. - Mayor $24 Dec Digital Subscription for the Sun Newspaper. Mayor - 12/$14 Jan Digital Subscription for the Sun Newspaper. Mayor -1/11 $14 Subscription $30 Sun Newspaper E Subscription for February - Mayor $14 Sun Newspaper Monthly Subscription April 2024-Mayor $14 Sun Newspaper Subscription for 5/2024.$14 Sun Newspaper Subscription for June 2024 $14 Sun Newspaper Subscription for Mayor 3/7/24 $14 5132 - Meetings And Conferences Airfare for League of CA Cities PD 7/24/23 - Mayor $396 Airline Reservation for USCM 92nd Annual Meeting for Mayor Helen $412 Beverages for Mayor's meetings - 6/29/23 - Mayor $29 Car Rental for ISCS for Mayor from 5/19/24 to 5/21/24 $172 Code to Council GL 001-020-0001*5132. Coffee for CCW Council Member $3 Entry ticket for Mayor 3/6/24 $120 Flight for Mayor to Sacramento for HCD meeting on 2/7/24. M $162 Flight to Sacramento to testify on AB349 - 6/13/23 - Mayor $422 Food items for meeting with Sen Advisor to Gov. Newsom, Hafsa Ka $94 Hotel for City County Conference 2024 2/7/24 Mayor $223 ICMA Meals 9/30/23-10/1/23 - Mayor $170 Packet Page. 329 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges ICMA Taxi for Mayor - 9/30/23 $51 ICSC Conference Hotel Deposit for 5/19/24 - Mayor (5/11/24)$237 ICSC Conference Hotel for 5/19/24 - Mayor (5/11/24)$206 League of Cal Cities Hotel for Mayor from 9/20/23-9/22/23 $532 League of Women Voters Citizens of Achievement Ceremony - 9/11/2 $25 Lunch meeting with Secretary Lourdes Ramirez Castro, Mayor $69 Mayor's airfare to ICMA Conference - 8/17/23 - Mayor $203 Mayor's Hotel for ICMA. Reservation was cancelled and refun $324 Mayor's hotel for League of Cal Cities - 8/22/23 $414 Meeting with Mayor and City Manager $24 Meeting with SB Symphony Orchestra on 8/10/23 - Mayor $19 National Donut Day 6/2 (Mayor)$20 Parking for Mayor for an event at CSUSB on 5/17/24 $3 Please code to GL 001-020-0001*5132. Water's for MCC Meeting - C $41 Refund of Hotel from ICMA for Mayor - 8/28/23 - Mayor ($324) Registration for League of CA Cities - Mayor $650 Registration for Mayor to attend ICSC. 2/14/24 $850 Registration for the City County Conference for Mayor - 3/2 $295 Registration for USCM 92nd Annual Meeting for Mayor 5 $1,500 Replacement hotel for ICMA for Mayor - 8/28/23 - Mayor $413 SB County - State of the County Event - Mayor 9/27/23 $50 SBPD Chief's Luncheon - Mayor & Executive Assistant to Mayor 5/10/24 $100 SBVC 98th Anniversary Gala Ticket for Mayor -2/22/24 $150 Supplies for MCC Meeting 2/21/24 Mayor $43 US Conference of Mayors Homelessness Convening from 11/8/23-11/9 $297 US Mayor's Conference - 6/2/23-6/5/23 - Mayor $807 US Mayors Conference - Hotel Stay for 6/1 - Mayor $291 US Mayors Fall leadership Conference - 9/7/23 - 9/9/23 - Mayor T $338 US Mayors P3 Conference - 2/8/24 Executive Assistant to Mayor $30 USCM - Homelessness Lobbying Airfare for Mayor - 3/12/24 $470 USCM Homelessness Lobbying, Washington, DC -4/5/24 - Mayor $358 USCM Homelessness Lobbying, Washington, DC -5/1/24 - Mayor $891 Water for Mayor for meetings - Mayor 12/29/23 $16 Water for MCC Meeting for Mayor. 1/15/24 $25 Planned Parenthood Event - 9/08/23- Executive Assistant to Mayor attending on b $50 FLIGHT CHANGE FOR Mayor's MEETING WITH HCD ON 2/7/24. MAYOR $74 Parking Fee for the Pioneer Breakfast at CSUSB on 2/23/24 -$6 5186 - Civic And Promotional Certificate Paper - Mayor 3/26/24 $117 Children Books for reading to Elementary School Kids - Mayor $34 Mayor Total $13,442 Packet Page. 330 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges City Council 5111 - Material And Supplies 02-13-2024 - COSTCO - MCC Office Supplies $491 02-13-2024 - SAMS CLUB - MCC Office Supplies $152 02-14-2024 - MARSHALLS - MCC Office Supplies $15 03-09-2024 - AMAZON Facial Tissue - MCC Office Supplies03-09-202 $76 05-28-2024 - 52 WEEK SUBSCRIPTION SB SUN NEWSPAPER $170.06 $170 05-28-2024 - COSTCO MCC SUPPLIES.pdf 05-28-2024 - COSTCO MCC SUP $343 05-28-2024 - JUAN POLLO $348.00 06-05-2024 MCC Meeting $348 05-30-2024 - WALMART $23.71 Laptop Case $24 05-31-2024 - BEST BUY #2 OFFICE REFRIGERATOR (Repurchase) This i $207 05-31-2024 - BEST BUY #2 OFFICE REFRIGERATOR (Repurchase) This w ($207) Certificate Supplies per Council Admin Supervisor.$146 Coffee drawer for Council Office and Chambers per Council Admin Supervisor.$59 5122 - Dues And Subscriptions 04-17-2024 - Amazon Prime Membership through 04-25-2025 $32 04-17-2024 - Amazon Prime Membership through 04-25-2025 Next FY $162 5132 - Meetings And Conferences 02-21-2024 - JOVIs DINER - MCC Meeting Dinner $388 02-21-2024 - Stater Bros LOST RECIEPT - MEMO Form $136 03-04-2024 - PHILLYs STEAK & SUBS - MCC Meeting Dinner $213 03-06-2024 - STATER BROS101 - MCC Meeting Dinner $48 03-08-2024 - AMAZON Certificate Paper, Ice Scoops- MCC Office Su $49 03-19-2024 - FOOD4LESS - MCC Meeting Dinner $168 03-20-2024 - AMAZON MCC Office Supplies $381 03-20-2024 - JOVIs DINER - MCC Meeting Dinner $79 03-20-2024 - PHILLYs STEAK & SUBS - MCC Meeting Dinner $340 03-20-2024 - STARBUCKS - MCC Meeting Dinner $16 03-29-2024 - AMAZON MCC Office Supplies $33 04-03-2024 - JOVIS DINER - MCC Meeting $464 04-10-2024 - Stater Bros $22.64 MCC Meeting Supplies $23 04-16-2024 - Food 4 Less $23.96 MCC Meeting Supplies $24 04-17-2024 - COSTCO $347.38 MCC Meeting Meal $347 04-17-2024 - JOVIs DINER - MCC Meeting Dinner $342 04-25-2024 - COSTCO $89.45 MCC Meeting Meal $89 04-30-2024 - COSTCO $72.04 MCC Meeting Meal $72 05-01-2024 - FOOD 4 LESS $58.56 MCC Meeting Supplies $59 05-01-2024 - JIMMY JOHNS $192.97 MCC Meeting Meal $193 05-06-2024 - EL TEPEYAC $453.91 MCC Meeting Meal $454 05-15-2024 - DOLLAR TREE $53.02 MCC Meeting Supplies $53 Aguirre Tacos Arandas - June 7, 2023, Council Dinners $180 Alberto's Mexican Food - MCC Closed Session Special Mtg 08.18.23 $49 Amapola Rico Taco - MCC Meeting 08.16.23 Dinners $116 Costco - Aug 28, 2023, MCC Special Closed Session Mtg $50 Costco - Aug 3, 2023, MCC Special Closed Session Mtg $67 Costco - Sept 12, 2023, MCC Special Meeting $39 Costco - Sept 6, 2023, MCC Meeting $43 Costco - Sept 6, 2023, MCC Meeting (2)$28 EL TEPEYAC FAMILY RESTAURANT - Aug 3, 2023, COUNCIL MTG DINNERS $102 Food 4 Less - MCC Special Workshop Mtg 08-24-23 $32 Food 4 Less - Oct. 03, 2023, MCC Meeting $24 Golden Pizza & Wings - 08.18.23 MCC Special Closed Session Mtg $45 Honey Baked - 08.02.23 MCC Mtg Dinner $75 In-N-Out Burger - Oct 4, 2023, MCC Meeting Dinner $89 MCC Meetings. - Mea $19 MCC Meetings. - Cher $8 MCC Meetings. - Dinn $271 Packet Page. 331 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges MCC Meetings. - Wate $5 MCC Meetings. -Coffe $20 Papa Johns - 11.01.23 MCC Meeting Dinner $99 Philly's Steak Sandwiches - MCC Special Mtg Closed Session 08.21 $101 Please code to 001-020-0023-5132 for the 12.06 MCC Meeting - KB $207 Please code to 001-020-0023-5132. This purchase was for coffee f $25 Please code to 001-020-0023-5132. This purchase was for snacks a $484 Please code to 001-020-0023-5132. This was the meal for the 11.1 $300 Please code to Council GL 001-020-0001*5132. Food for 1.31.24 MC $224 Please code to Council GL 001-020-0001*5132. Supplies for MCC Me $63 Stater Bros - Sept 12, 2023, MCC Special Meeting $50 Target - Oct 18, 2023, MCC Meeting Dessert & Chips $24 Tom's Burgers & Philly Subs - July 19, 2023, Mayor & Council Din $152 Vicky's - MCC Special Closed Session Mtg 10-11-2023 $145 Philly's Steak & Subs - Oct 18, 2023, MCC Meeting Dinner $295 5/15/24 MCC Meeting Supplies. Coded to Council GL 001-020-0001*5 $181 5142 - Meetings And Conferences - Ward 1 05-01-2024 ? NLC City Summit Registration $690.00 Council Member & $690 $690 05-03-2024 - SOUTHWEST TAMPA BAY $327.97 Council Member (11-11-2024) -$328 San Bernardino Police Foundation (Council Member) $50.00 $50 Ticketleap Wine & Food - 09.14.23 Council Member $50 5143 - Meetings And Conferences - Ward 2 03-05-2024 - HOTEL (Council Member) NLC DC 03-10 thru 03-14-2024 $1,304 03-05-2024 - SOUTHWEST FLIGHT (Council Member) NLC DC 03-11 thru 03-13-2 $975 Arrowhead United Way - 10.14.23 Council Member $50.00 Arrowhea $50 LCC Annual Conf & Expo - Sept 20-22, 2023, Council Member $650 NLC City Summit - Nov 16-18, 2023 - Council Member $690 NLC Congressional City Conf - MAR 11-13, 2024 - Registration for $680 State of the County - 09.27.23 Council Member $50 Ticketleap Wine & Food - 09.14.23 Council Member $50 5144 - Meetings And Conferences - Ward 3 05-01-2024 ? NLC City Summit Registration $690.00 Council Member (11-1 $690 NLC Congressional City Conf - MAR 11-13, 2024 - Registration for $680 Ticketleap Wine & Food - 09.14.23 Council Member $50 5145 - Meetings And Conferences - Ward 4 02-15-2024 -(Council Member) HOTEL 05-16-17-2024 City County Conference $223 04-03-2024-City County Conference - Council Member $295 05-01-2024 ? NLC City Summit Hotel $1,931.31 Council Member (11-11 thru $1,931 05-01-2024 ? NLC City Summit Registration $690.00 Council Member & $690 $690 05-03-2024 - SOUTHWEST TAMPA BAY $327.97 Council Member (11-11-2024) -$328 05-07-2024 ? San Bernardino Police Foundation (Council Member) $50 $50 LCC Annual Conf & Expo - Sept 20-22, 2023, Council Member $650 LCC Annual Conf & Expo - Sept 20-22, 2023, Council Member (CREDIT ($575) State of the County - 09.27.23 Council Member $50 Packet Page. 332 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Ticketleap Wine & Food - 09.14.23 Council Member $50 5146 - Meetings And Conferences - Ward 5 NLC Congressional City Conf - MAR 11-13, 2024 - Registration for $680 State of the County - 09.27.23 Council Member $50 5147 - Meetings And Conferences - Ward 6 04-03-2024-City County Conference - Council Member $295 04-04-2024 - FLIGHT City Leaders Summit SAC Council Member $718 04-04-2024 - REGISTRATION City Leaders Summit SAC Council Member $650 2023 IECF CIELO Fund Celebration - Council Member. 09.16.23 $50 Arrowhead United Way - 10.14.23 Council Member $50.00 Arrowhea $50 Champions of Choice - Sept 22, 2023 - Council Member $50 Honoring Heroes - Aug 7, 2023 - Council Member $75 Inland Empire Regional Chamber of Comm. Conference - 02.15.2024 $30 Inland Empire Regional Chamber of Comm. Conference - 10.05.2023 $125 Inland Empire Regional Chamber of Comm. Conference (REFUND) - 10 ($125) LCC Annual Conf & Expo - Sept 20-22, 2023, Council Member $650 NLC City Summit - Nov 16-18, 2023 - Council Member $690 NLC Congressional City Conf - MAR 11-13, 2024 - Registration for $680 NLC Women in Municipal Gov 2023 Conf - Aug 9-11, 2023 - Council Member $400 State of the County - 09.27.23 Council Member State of the Cou $50 Ticketleap Wine & Food - 09.14.23 Council Member $50 Eventbrite - Feb 14, 2024, Dr Margaret Hill Scholarship Breakfast $34 5148 - Meetings And Conferences - Ward 7 02-14-2024 - NLC DC 03-11 thru 03-13-2024 $680 04-03-2024-City County Conference - Alexander $295 04-04-2024 - FLIGHT City Leaders Summit SAC Alexander $452 04-04-2024 - HOTEL City Leaders Summit SAC Alexander $1,448 ALSB 62nd Annual Signature Headdress Ball - MAY 18, 2024 $150 CAPSBC 2023 Gala - 10.27.23 Council Member $150 Champions of Choice - Sept 22, 2023 - Council Member $50 Eventbrite - Dec 9, 2023, 13th Annual Educators Prayer Brunch - $61 Eventbrite - Feb 14, 2024 Dr Margaret Hill Scholarship Breakfast $34 Eventbrite - Mar 2, 2024 Pomona Valley Alumnae Chapter Royal 45t $162 LCC First Joint Div Mtg with Riverside and IE Divisions - FEB 15 $45 NLC City Summit - Nov 16-18, 2023 - Council Member $690 State of the County - 09.27.23 Council Member State of the Cou $50 5186 - Civic And Promotional 04-24-2024 AMAZON M/CC Supplies $62 City Council Total $29,813 Packet Page. 333 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges City Manager 5111 - Material And Supplies 99 Cent Only - Misc Office Supplies $39 Amazon - 10.30.23 CM Briefcase - Laptop Bag $29 Amazon - 10.31.23 Echo 4th Gen for CM Office $109 Amazon - 10.31.23 Echo 4th Gen for CM Office - 2 Year Accident P $15 Amazon - 11.03.23 CM LUMBAR SUPPORT PILLOW $57 Amazon - Apr 4, 2024, CM General Office Supplies $239 Amazon - Apr 8, 2024, CM General Office Supplies $32 Amazon - Aug 1, 2023, CM General Office Supplies $89 Amazon - Dec 14, 2023 Grants Dept Office Supplies $370 Amazon - Dec 5, 2023 CM Holiday Festivities Supply $16 Amazon - Dec 5, 2023, Refund for CM General Office Supply ($26) Amazon - Dec 7, 2023 CM Office Balloon Arch Kit $21 Amazon - Dec 8, 2023 CM Office Ice Maker $98 Amazon - Feb 14, 2024, CM General Office Supplies $46 Amazon - Feb 22, 2024, CM General Office Supplies $61 Amazon - Feb 7, 2024, Office Supplies for Deputy City Mgr.$369 Amazon - Jan 17, 2024, Large Coffee Maker for CM Meetings $132 Amazon - Jan 18, 2024, Desk Stand for Deputy City Manager Suzie $145 Amazon - Jan 18, 2024, Office Supplies for Deputy City Manager S $11 Amazon - Jan 23, 2024, CM General Office Supplies $76 Amazon - June 26, 2023, Poster Frames for City's Values $141 Amazon - June 28, 2023, Frames for City's Values $31 Amazon - Mar 1, 2024, CM General Office Supplies $13 Amazon - Mar 18, 2024 (B) CM General Office Supplies $20 Amazon - Mar 18, 2024, CM General Office Supplies $38 Amazon - Mar 20, 2024 CM General Office Supplies - Laptop Bag $113 Amazon - Mar 26, 2024 - Eddie's Farewell Luncheon Supplies $30 Amazon - Mar 26, 2024 - Eddie's Farewell Luncheon Supplies (2)$14 Amazon - Nov 17, 2023, CM General Office Supplies $63 Amazon - Nov 28, 2023, CM General Office Supplies $30 Amazon - Nov 30, 2023, CM General Office Supplies $25 Amazon - Nov 30, 2023, CM General Office Supplies - Door Name Pl $43 Amazon - Nov 9, 2023, CM General Office Supplies $76 Arriaga Flowers 04.02.2024 - CM Office Luncheon Decorations $40 Dollar Tree - Jan 18, 2024, Misc Office Supplies $3 Dollar Tree - Sept 21, 2023, Misc Office Supplies $9 FAREWELL CAKE FOR CM $25 Five Below - 04.01.24 Balloons for Eddie's Farewell (1)$4 Five Below - 04.01.24 Balloons for Eddie's Farewell (2)$4 Five Below - 04.01.24 Cards for Eddie's Farewell $2 ICMA Books - 01.04.24 Order# 106882 for Deputy CM Internal Services $176 Ink + Volt - Spiral Note Pads for DCM Deputy CM Internal Services $97 LOWE'S - Misc Office Supplies $11 Michael's - 12.14.2023 Document Frames $43 Michael's - June 15, 2023, City's Values Poster Frames $88 Office Supplies for Assistant City Manager.$146 Office Supplies for City Manager's Office.$17 Ordered LYSOL Spray for the office and they were out of stock. P ($17) Purchased coat rack from Amazon for Deputy City Manager's Office $42 Sam's Club - 02.01.2024 CM General Office Supplies $144 Sam's Club - 04.01.2024 CM Eddie's Farewell & Office Supplies $94 Sam's Club - 12.06.23 CM Misc Office Supplies $20 Small Round Meeting Table for Assistant City Manager's Office.$121 Storm Creek - 11.16.23 CM Department Jackets for CM $315 SUPPLIES $42 Packet Page. 334 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Target - Apr 3, 2024, CM Office Quarterly Birthday Celebration J $42 Target - Dec 6, 2023 CM Misc Office Supplies $78 Target - Dec 6, 2023 CM Refreshments $21 Trophy House - 10.17.2023 CM Retirement Plaque $139 Two - 3 drawer Mobile File Cabinets for Grants Department.$435 Walmart - Dec 27, 2023 Air Purifier for CM Office $82 Book Purchase for DCM Deputy CM Internal Services titled Getting Along Toolkit Practice $119 5112 - Small Tools And Equipment Stools for payroll $54 5121 - Advertising Social Media 2-week advertising for broadband survey.$4 Social Media 2-week advertising for broadband survey.$217 5122 - Dues And Subscriptions Amazon - 01.30.24 Music Monthly Subscription $6 Amazon - 02.29.24 Music Monthly Subscription $6 Amazon - 11.30.23 Music Monthly Subscription $5 Amazon - 12.30.23 Music Monthly Subscription $5 Amazon - Feb 13, 2024, Business Prime Membership for CM Office $195 Canva Pro Yearly Subscription Renewal was refunded. I had to can ($239) Charge was for Canva Pro Yearly Subscription Renewal. Subscripti $239 Digital Subscription to the Wall Street Journal for month of May $4 ICMA Full Membership for City Manager - Inv 517679 $1,200 ICMA Full Membership for Deputy CM Internal Services - Inv 517680 $1,200 ICSC Membership Dues and Conference Registration for - Deputy CM Operations, $125 ICSC Membership Dues and ICSC Las Vegas 2024 Conference Registra $250 I've requested to cancel the membership to Whitepages on several ($55) Membership Dues $132 Membership Dues for Deputy CM Operations for ICSC.$21 Membership Renewal for purchases made at Sams Club for water and $120 Monthly subscription for Wall Street Journal(digital).$4 The Business Journal - 1 Year Subscription - EXP 01.02.2025 $350 The Business Journal - 1 Year Subscription - EXP 12.11.2024 $90 The Business Journal - REFUND for 1 Year Subscription - EXP 12.1 ($85) The San Bernardino Sun - 1 year Subscription - EXP 02.18.25 $182 The Sun - 12.15.2023 6-month Subscription at $1.00 per month $1 The Wall Street Journal - 01.09.2024 Digital Subscription for 4 $4 The Wall Street Journal - 02.06.2024 Digital Subscription for 4 $4 The Wall Street Journal - 03.05.2024 Digital Subscription for 4 $4 The Wall Street Journal - 04.02.2024 Digital Subscription for 4 $4 The Wall Street Journal - 12.12.2023 for 4 weeks for 1 year $4 Vimeo - 06.26.2023 Inv# VIM71335924 Annual Subscription $240 Membership Dues for Deputy CM Operations for ICSC. Next FY $104 Packet Page. 335 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5132 - Meetings And Conferences $162.86- Mayor and City Council Workshop refreshments on June 30 $163 2023 ICMA Annual Conference Registration for Asst City Manager - S $790 Airbnb - Lake Arrowhead - May 15-17, 2024, for Deputy CM Operations $412 ALOFT - 531868 Folio-A_83042 - 2023 ICMA Annual Conference Regis $1,541 American Airlines - March 11-14, 2024 - City Manager - NLC C $752 American Airlines - Sept 5-8, 2023, Asst to the City Mgr $608 Balloon Warehouse - 08.07.23 Thank You Luncheon for MCC Workshop $46 BJ's Restaurant - March 6, 2024 - City Manager Lunch Meeting $91 CAFE Organix - 01.04.24 Business Round Table $55 Caffe Liscio - 01.10.24 CM Lunch Meeting $52 City Manager Council Communication Lunch meeting.$94 City manager working lunch on April 16th.$41 City Manager/Council Communication Breakfast Meeting.$48 City Manager's Office Holiday Festivities Event.$52 Claim Jumper - 11.21.23 CM Luncheon with HR Director & Interim P $96 Costco - Aug 7, 2023, Thank You Luncheon for MCC Workshop $159 Costco - Sept 12, 2023, Dept Update Mtg on Sept 13, 2023 $96 CREDIT FOR PURCHASE ($317) Crest Cafe - Feb 20,2024 - City Manager Meeting $57 Dinner for MCC Special Meeting held May 22nd at 6:30pm.$229 El Tepeyac Family Rest. - 09.12.23 ASU Appreciation Luncheon on $187 El Tepeyac Family Rest. - 10.17.2023 Prep Meeting for CM $47 El Tepeyac Family Rest. - 10.24.23 DEPOSIT PAID Farewell Luncheo $104 El Tepeyac Family Rest. - 10.26.23 Farewell Luncheon for Charles $957 EL TEPEYAC FAMILY RESTAURANT - June 21, 2023, COUNCIL MTG DINNER $151 EL TEPEYAC FAMILY RESTAURANT - November 15, 2023, City Manager L $113 EL TEPEYAC FAMILY RESTAURANT - October 31, 2023, City Manager Lu $18 Eventbrite - Mar 19, 2024 - 2024 City County Conference - Deputy CM Internal Services $590 Eventbrite - Mar 25, 2024 - 2024 City County Conference - Hodges $295 Excalibur Hotel - May 19-22, 2024, for Deputy CM Operations - 2024 $313 Excalibur Hotel (CANCELLATION) - May 19-22, 2024, for Deputy CM Operations, ($313) EZ Cater - Olive Garden - MCC Workshop Mtg 06.26.23 $182 Food 4 Less - 01.11.24 CM Department Update Meeting $7 Food 4 Less - MCC Special Workshop Mtg 06-30-23 $9 Food 4 Less - Nov 1, 2023, MCC & CM MISC MEETING SUPPLIES $114 Food 4 Less - Sept 21, 2023, Water for CM Meetings $40 Food 4 Less - Sept 8, 2023, CM Appreciation for PD $5 Food 4 Less Carousel Mall ADHOC Committee Mtg 06-15-23 $20 GFOA - 12.20.2023 City Manager - 118th Annual Conference Regi $500 GFOA - 12.20.2023 Deputy CM Internal Services - 118th Annual Conference Registra $500 GFOA Membership - City Manager $150 GFOA Membership - Deputy CM Internal Services $150 Hilton Garden Hotel - FEB 7-9, 2024 - LCC 2024 City Managers Con $2,335 Hilton Hotel LAX- FEB 5-6, 2024 - City Manager $337 Hotel accommodations for Deputy CM Internal Services at the SBCTA City County Co $404 Hotel stay for Cory Hodges to attend the City County Conference $362 ICMA Full Membership for Assistant City Manager 2023 - Inv 466951.pdf $1,200 ICSC - Registration Fee for City Manager - March 25-27, 2024 $500 ICSC Conference Balance Dues for - Deputy CM Operations $400 ICSC Membership and Conference Dues for - Asst to the City Mgr $1,175 ICSC Membership Dues and Conference Registration for - Deputy CM Operations, $1,050 ICSC Membership Dues and ICSC Las Vegas 2024 Conference Registra $1,700 IEDC - 2024 Economic Future Form Registration - June 16-18, 2024 $1,072 India's Clay Oven - June 23, 2023, Workshop Dry Run Presentation $26 Inland Empire Chapter Meeting - CSMFO for Housing Project Manager $55 In-N-Out Burger - Apr 19, 2024, CM Meeting Project Update $30 Packet Page. 336 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges In-N-Out Burger - Jan 30, 2024 CM Meeting $12 INTER-CONTINENTAL - ICSC Monterey - MAR 25-28, 2024 - City Manager $102 InterContinental the Clement Monterey - Mar 25-28, 2024, ICSC Co $1,632 Juan Pollo - 04.02.24 City Manager's Office Staff Luncheon $245 Lake Arrowhead Resort - May 15-16, 2024 - SBDNO City-County Conf $447 Lake Arrowhead Resort - May 16-17, 2024 - SBDNO City-County Conf ($223) Las Vegas Marriott - May 20-22, 2024 - 2024 ICSC Conference - Cl $864 Las Vegas Marriott - May 20-22, 2024 - 2024 ICSC Conference - Mo $864 Las Vegas Marriott (Credit) - May 20-22, 2024 - 2024 ICSC Confer ($576) LAX Parking - Sept 5-8, 2023 - Asst to the City Mgr $84 LCC 2024 City Managers Conf Registration - Asst City Manager $600 LCC 2024 City Managers Conf Registration - City Manager $750 LCC 2024 City Managers Conf Registration -Deputy CM Internal Services $750 LOEWS HOTEL - MMASC Conf - Asst City Manager - Nov 1-3, 2023 $513 LOEWS HOTEL - MMASC Conf - Asst to the City Mgr - Nov 1-3, 2023 $513 LOEWS HOTEL - MMASC Conf - Asst to the City Mgr PARKING FEES $30 LOEWS HOTEL - MMASC Conf - Management Analyst II PARKING FEES $30 LOEWS HOTEL - MMASC Conf - Management Analyst II, NOV 1-3, 2023 $513 Miguel's Jr - MCC Special Mtg Workshop 06.30.2023 $196 MMASC Inv 7457 - Asst City Manager, 2023-2024 Full Membership $90 MMASC Inv 7495 - 2023 Annual Conf. Registration - Asst to the City Mgr $550 MMASC Inv 7497 - 2023 Annual Conf. Registration - Management Analyst II $550 MMASC Inv 7498 - 2023 Annual Conf. Registration - Management Analyst II $550 MMASC Inv 7502 - 2023 Annual Conf. Registration - Asst City Manager $550 Monthly City Manager and Departmental Updates Meeting on Decembe $17 NLC Conference Registration - Mar 11-13, 2024 - Assistant to the City Manager $545 NLC Conference Registration - Mar 11-13, 2024 - Asst to the City Mgr $680 NLC Conference Registration (Refund) - Mar 11-13, 2024 ($545) NLC Congressional City Conf - MAR 11-13, 2024 - Registration for $1,770 Office Dynamics - 2024 Conference for Admin Excellence for Garci $1,795 Old Town Bakery 06.01.23 Lunch Mtg - Econ Dev Presentation $28 Old Town Bakery 06.05.23 Lunch Mtg - Econ Dev Presentation Revie $48 Old Town Bakery 06.06.23 Budget Review Mtg - CM & Mayor $24 Old Town Bakery 06.21.23 Pre-CIP Prep Meeting $66 Old Town Bakery 07.03.23 HR & CM Investigative Interview $26 Old Town Bakery 07.28.23 Lunch Mtg. CM & CED Director $26 Old Town Bakery 08.01.23 CM Lunch Mtg to Discuss ASU Bldg.$60 Old Town Baking Co. - 10.12.2023 CM Mtg with CM Council Member and gues $52 Old Town Baking Co. - 10.19.23 CM and Analyst Meeting $42 Old Town Baking Co. - 10.19.23 CM and Analyst Meeting - Meeting ($42) Olive Garden - Nov 28, 2023 - CM Lunch Meeting $33 Omni Shoreham Hotel - Mar 10 -14, 2024 - City Manager - NLC $1,443 Omni Shoreham Hotel - Mar 13-14, 2024 - Assistant to the City Manager - NLC C $382 Omni Shoreham Hotel - Mar 13-14, 2024 - Asst to the City Mgr - NLC Confe $382 Omni Shoreham Hotel - Mar 13-14, 2024 - Deputy CM Internal Services - NLC Confe $382 Omni Shoreham Hotel - Mar 13-14, 2024 - Public Information Officer - NLC Confer $382 Panera - 01.18.24 CM Animal Control Meeting with Various Cities $51 Panera - 12.14.23 CM Department Head Meeting $17 Panera - Lunch Mtg CM & EA 12.05.23 $27 Panera - Lunch Mtg CM & IECAAC Pastors 08.24.23 $145 Panera - Lunch Mtg Commissioners 02.13.24 $90 Panera Bread - Dec 19, 2023 CM Luncheon with Staff $43 Panera Bread - Feb 15, 2024 Department Head Meeting $47 Panera Bread - Nov 07, 2023, CM Lunch Meeting with HR Dir and St $61 Panera Bread - Oct 30, 2023, CM Lunch Meeting $16 Panera Bread - Oct 31, 2023, Department Head Meeting $28 Panera Bread - Oct 5, 2023, CM and HR Director Meeting $27 Packet Page. 337 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Panera Bread - Sept 11, 2023, CM Appreciation for PD $91 Panera Bread - Sept 13, 2023, Dept Update Mtg $68 Park Hyatt Washington DC - Folio_29487929 Asst to the City Mgr $1,284 Pay Pal - 1st Annual Chief's Luncheon 05.10.24 - 4-Staff Members $200 Philly's Steak Sandwiches - MCC Special Mtg Workshop 06.30.23 $208 Refreshments for Department Directors meeting on May 23 2024.$41 Refreshments for Holiday Festivities Event on December 18, 2023.$94 Refreshments for Mayor and Council Study Session #2 on April 10 $184 Refreshments for Monthly City Manager and Departmental Updates m $35 Refreshments purchased for CM Meeting with CED and Parks Departm $91 Refreshments/Water for City Manager Department meetings.$27 Refund for Cancellation to City County Conference for Charles Mo ($295) Registration for Deputy CM Operations to attend 2024 City County Con $295 Residence Inn Marriott - Feb 6-7, 2024, for Legislative Meeting $452 Residence Inn Sacramento - Feb 6-7, 2024 - City Manager - Le $336 Residence Inn Sacramento - Feb 6-7, 2024 - Public Information Officer - Legisla $336 Rosen Plaza Hotel - GFOA Conf., June 8-12, 2024 - Deputy CM Internal Services.$1,086 S&E Wholesale Flowers - 10.10.2023 ASU Appreciation Luncheon Dec $33 Sam's Club - 01.11.24 CM Department Update Meeting $105 Sam's Club - 02.15.2024 CM Department Head Meeting $59 Sam's Club - 03.20.2024 CM Department head Meeting $95 Sam's Club - 04.16.2024 CM Department Head Meeting $81 Sam's Club - 08.07.23 Thank You Luncheon for MCC Workshop $75 Sam's Club - 08.09.23 Refreshments for Departmental Update Mtg $58 Sam's Club - Water & Pastries for Dept Update Mtg on 06-14-23 $87 SOUTHWEST - 2023 ICMA Annual Conference - Asst City Manager - Sept $298 SOUTHWEST - FLIGHT CHG Legislative Meeting in Sacramento - Feb 6 $83 Southwest - June 8-12, 2024 - City Manager - GFOA 118th Annu $580 Southwest - June 8-12, 2024 - Deputy CM Internal Services - GFOA 118th Annual C $600 SOUTHWEST - Legislative Meeting in Sacramento - Feb 6-7, 2024 - $632 Southwest - Mar 10-13, 2024 - Assistant to the CM (Debbie) - NLC Co $886 Southwest - Mar 10-13, 2024 - Asst to the City Mgr - NLC Cong. City Conf $886 Southwest - Mar 10-13, 2024 - City Manager - NLC Cong. City $977 Southwest - Mar 10-13, 2024 - Deputy CM Internal Services - NLC Cong. City Conf $962 Southwest - Mar 10-13, 2024 - Public Information Officer - NLC Cong. City Confe $977 Southwest - May 19-22, 2024 - Asst to the City Mgr - 2024 ICSC Las Vegas $225 Southwest - May 19-22, 2024 - City Manager - 2024 ICSC Las V $260 Southwest - May 19-22, 2024 - Deputy CM Internal Services - 2024 ICSC Las Vegas $260 Southwest - May 19-22, 2024 - Deputy CM Operations - 2024 ICSC Las $518 Southwest - Sept 20-22, 2023, Assistant City Manager - League of Califo $736 Southwest - Sept 20-22, 2023, City Manager - LCC Annual Conf $761 Southwest (CANCELLED) - Mar 10-13, 2024 - Assistant to the CM ($708) Southwest (Flight Change) - Mar 10-14, 2024 - Assistant to the CM ($51 Southwest (Flight Change) - Mar 10-14, 2024 - Asst to the City Mgr - NLC $51 Southwest (Flight Change) - Mar 10-14, 2024 - Deputy CM Internal Services - NLC $51 Southwest (Flight Change) - Mar 10-14, 2024 - Public Information Officer - NLC $51 Southwest (Refund) - Mar 10-13, 2024 - City Manager - NLC Co ($698) Southwest (REFUND) - Mar 10-13, 2024 - Deputy CM Internal Services - NLC Cong. ($86) Southwest (REFUND) - Mar 10-13, 2024 - Public Information Officer - NLC Cong. C ($101) Southwest (REFUND) - Sept 20-22, 2023, City Manager - LCC An ($761) Starbucks - Jan 17, 2024, Department Meeting with CED and Parks $22 Starbucks - June 30, 2023, MCC Workshop Mtg $40 State of the County - 09.27.23 Staff in CM Office $250 Stater Bros - Aug 3, 2023, CM Refreshments for Office Meetings $21 Stater Bros - Aug 7, 2023, Thank You Luncheon for MCC Workshop $46 Stater Bros - Oct 31, 2023, Department Head Meeting $41 Stater Bros - Sept 11, 2023, CM Appreciation for PD $20 Packet Page. 338 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Superior Grocers - 10.10.2023 ASU Appreciation Luncheon Desserts $15 Target - Aug 3, 2023, Knife & Small Mason Jars for Thank You Lun $17 Target - Aug 3, 2023, Large Mason Jars for Thank You Luncheon $16 Target - Aug 3, 2023, REFUND for Small Mason Jars for Thank You ($13) The Green Shack - Carousel Mall ADHOC Committee Mtg 06-05-23.pdf $117 The Westin DC Downtown - NLC Conference - Deputy CM Internal Services ($325) Towne Place Suites - Sept 20-22, 2023, Asst City Manager - LCC Ann $507 Travel Guard Group - City Manager - Mar 25-28, 2024, ICSC Mo $32 Treasure Island Hotel - May 19-22, 2024, ICSC Las Vegas Conf for $91 Treasure Island Hotel (Credit) - May 19-22, 2024, ICSC Las Vegas ($91) United Airlines - Mar 25-28, 2024 - ICSC Monterey - City Manager $633 Walmart - Sept 11, 2023, CM Appreciation for PD $14 WALMART 06.30.23 MCC Special Workshop Mtg $90 Westin Hotel - Mar 10-13, 2024 - Assistant to the City Manager - NLC Conferen $1,528 Westin Hotel - Mar 10-13, 2024 - Asst to the City Mgr - NLC Conference $1,528 Westin Hotel - Mar 10-13, 2024 - Deputy CM Internal Services - NLC Conference $1,554 Westin Hotel - Mar 10-13, 2024 - Public Information Officer - NLC Conference $1,165 MMASC Inv 7496 - 2023 Annual Conf. Registration - Sr Management Analyst $550 Juan Pollo - June 23, 2023, Workshop Dry Run Presentation Meeting $65 Sam's Club - Water & Pastries for Dept Update Mtg on 07-11-23 $151 LOEWS HOTEL - MMASC Conf - Sr Management Analyst PARKING FEES $40 LOEWS HOTEL - MMASC Conf - Sr Management Analyst - Nov 1-3, 2023 $513 LOEWS HOTEL - MMASC Conf - Management Analyst IIl, NOV 1-3, 2023 $513 Hilton Garden Inn - Feb 7-9, 2024 - LCC 2024 City Managers Conf.$223 Omni Shoreham Hotel (REFUND) - Mar 12 -14, 2024 - City Manager ($634) Cory Hodges Assistant to the City Manager attended the City Count ($181) Las Vegas Flight(Credit) - May 20-22, 2024 - 2024 ICSC Conference ($95) 5133 - Education And Training GFOA - 11.16.23 Books Ordered for Deputy CM Internal Services $54 GFOA Virtual Training - Feb 28, 2024 - Deputy CM Internal Services $85 GFOA Virtual Training - Mar 20, 2024 - Deputy CM Internal Services $85 LCC Webinar Registration - Nov 27, 2023, for Asst City Manager $25 National Notary Assoc. - Assistant to the City Manager $731 San Bernardino Co - Notary Oath Fees 01.03.24 $110 USPS - 01.12.24 National Notary Assoc. for Assistant to the CM $9 5175 - Postage Document sent USPS Grand Advantage.$6 City Manager Total $69,118 City Clerk 5111 - Material And Supplies "City Clerk" pens for give aways at events.$212 2023 Elections Handbook $593 Clerk shirts for city events/ functions.$90 Gloves to review historic documents.$33 Passport photo ink and paper $435 Primary and General Election Calendar $33 Voter stickers as give-aways.$26 Elections Materials – Nomination Forms $117 IIMC (International Institute of Municipal Clerks) membership dues $250 CCAC (City Clerks Association of California) membership dues – CDCC $200 Packet Page. 339 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges PRA (Public Records Act) training for Records Specialist $398 5112 - Small Tools And Equipment Office Desk and Bookcase for City Clerk Executive Assistant $1,864 5121 - Advertising advertising the new municipal code on Instagram $28 Advertising the new records request portal on Instagram and Face $25 Facebook Ad promoting new municipal code website.$20 5122 - Dues And Subscriptions City Clerk's annual renewal IIMC membership $285 City Clerk's Association of California Membership for Deputy Cit $500 City Clerk's Association of California Membership Renewal for Ge $250 Currency Conversion Fee for LinkTree $1 Deputy City Clerk CMC Designation $250 Deputy City Clerk Deputy City Clerk's CMC Designation Application $400 Digital Candidate Information Guide for 2024 Primary $1,070 International Institute of Municipal Clerks annual dues $875 Link Tree Subscription for social media $90 National Notary Association Membership $80 Subscription to Scribe for 5 licenses $708 TinyURL yearly subscription $96 5132 - Meetings And Conferences Chief Deputy City Clerk City Clerks Association of California Annual Conference $595 City Clerk staff, Charlene Auzenne and Dianna V. Garcia attendin $500 Deputy City Clerk Registration fee for City Clerk's Association of Cal $650 Hotel for Chief Deputy City Clerk for CCAC Annual Conference (Includes the charg $1,086 Hotel for Deputy City Clerk for the CCAC Annual Conference (on here is $1,056 League Webinar - New Laws Impacting Cities $25 New Law and Elections Conference - Deputy City Clerk $550 New Law and Elections Conference Fees for City Clerk $385 New Law and Elections Conference for Deputy City Clerk $550 New Law and Elections Conference Lodging for Deputy City Clerk C $639 New Law and Elections Conference Lodging for Deputy City Clerk P $640 Refund for $55.00 from the original charge for Deputy City Clerk's CCA ($55) 5133 - Education And Training California Professional Municipal Clerk's Training Units for Cer $150 Hotel for Deputy City Clerk for Municipal Clerks Institute course in S $967 IIMC - Digital Records Management and Retention Webinar -$60 Master Municipal Academy Training for City Clerk $1,646 MMC Institute Series 100 course for Chief Deputy City Clerk $400 Technical Clerks Training completion verification fee - Deputy City Clerk $75 Technical Training for Clerks Series 400 - Deputy City Clerk $1,500 Technical Training For Clerks Series 400- Deputy City Clerk $1,500 Training course for City Clerk for International Institute o $60 California Professional Municipal Clerk's Units for Certification $450 5502 - Professional Contractual Services GL: 001-030-0011*5502 internet renewal period 04/04/2024 to 06/3 $563 City Clerk Total $22,920 Packet Page. 340 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Community Development & Housing 5111 - Material And Supplies 2024 Homeless Point-in-Time Count, event supplies.$19 2024 Homeless Point-in-Time Count, supplies for staff.$700 2024 Homeless Point-in-Time Count. Supplies for staff and volunt $50 Admin Polos $334 Admin speakers $103 Admin supplies.$78 Arm rests for SMA & EA chairs $54 B&S Supplies.$138 Balloons for ARPA Award pics $70 Building & Safety supplies.$19 Carpet replacement for new Housing Staff office.$2,075 CFMH lanyard and magnets $460 City Clothing for employees.$52 Coat rack for the Director's office.$50 Code Polos $3,361 COSS_Nametz $71 Dept Head Allowance_ Counter decor halloween $49 Dept head allowance_4th of July employee $52 Desk for Housing Accountant.$1,119 Desk for Housing Division Staff.$1,867 EA supplies $15 Econ Tablecloth $184 Food for vendors providing Housing Resources for residents.$300 Fridge_SMA & Admin $227 Housing purchase for Tenant & Owner Rights Workshop. 10/3/23 $51 pens for reusable notebooks $33 Plant for the new Director's office for his first day with the t $22 reusable notebooks $109 Shipping supplies for Econ's art to ship to Korea.$1,143 Sign holder for offices/name tags.$47 SUPPLIES $55 To purchase new desks for the new Housing and Homeless Division $1,867 T-Square for the Director.$30 Wood flowers and vase for Korea event the City is participating.$109 reusable notebook case $39 5112 - Small Tools And Equipment Desks for Admin/CSR staff $5,128 Keyboard and Mouse for EA & SMA $106 Shirts for new code employees $283 Translation Equipment for public hearing committees to use in ou $4,257 5121 - Advertising City Clothing for employees.$103 ED-Promotional Pens $1,454 5122 - Dues And Subscriptions APA membership for Associate Planner.$484 APA membership receipt - Senior Planner $101 Assistant Planner American Planning Association membership dues $447 Associate Planner American Planning Association membership dues.$447 Packet Page. 341 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges CACEO Membership - Code Enforcement Officer II $300 CACEO membership dues - Code Enforcement Officer II $300 Code Enforcement Officer II Rancho Santiago Community College receipt.$482 Deputy Director - Deputy Director Economic Development receipt.$265 Economic Development Project Manager - ICSC membership dues. 3 yr membership $338 Economic Development Specialist ICSC receipt for membership. 3 yr membership $250 Real property classes essential for job position.$530 Real property membership dues.$280 Real Property-JD-IRWA Membership $280 Real Property-MY-IRWA Membership $280 Assistant Planner American Planning Association membership $410 5132 - Meetings And Conferences 2023 IF S. California Desert CRE Conference_$190 2023 IF S. California Desert CRE Conference_Economic Development Specialist $190 Advanced Institute - Economic Development Project Manager $1,300 Amanda Aspen Latina Institute $300 APA Conference - Assistant Planner-September 2024 $650 APA Conference - Principal Planner-September 2024 $650 APA conference receipt - Assistant Planner-September 2024 $650 APA conference receipt - Planning Aide $125 CDBG conference for new employees managing CDBG grant funds - Da $747 CDBG conference needed for new employees managing CDBG grant fun $747 City of San Bernardino Police Chief Luncheon ticket.$50 Cupcakes for department birthday celebration. Mary Lanier approv $49 Econ_State of County $150 Economic Development Project Manager, Economic Development Specialist, and Lizzie Toledo conference $16 Hotel for CALED_ Economic Development Project Manager $947 Housing Workshop refreshments $110 ICSC Western_Economic Development Specialist + Code Enforcement Officer I $1,100 ICSC Western-Economic Development Specialist + Code Enforcement Officer I $125 Manager Working Lunch RE Oxbow $60 Monthly department birthday celebration. Per Mary Lanier (Direct $34 Monthly department birthday's - Approved by Director.$21 PC Meeting Refreshments $106 PCard used by CED to book a hotel room for Economic Development Specialist appr $794 Registration for event for Economic Development Specialist & Lizzie approved by Joshua D.$90 Reservation payment for Housing community event. **I have reache $250 Sip, Laugh Network- Economic Development Specialist $28 State of the County Registration - Econ Dev $150 State of the County Registration - Econ Dev- duplicate refund em ($150) Tickets purchased for the 1st Annual Chief's Luncheon for the Po $150 TRAVEL $741 Workshop & PC refreshments $118 Sunset Soiree Econ $30 APA conference receipt - Associate Planner -September 2024 Next FY $650 APA conference receipt - Senior Planner-September 2024 Next FY $650 APA conference receipt - Associate Planner-September 2024 Next FY $650 5133 - Education And Training 3x Code Officer Self Defense $357 ACI 318-14: Building Code Requirements for Structural Concrete a $436 Application fee.$25 CalCities Webinar - Econ Dev $50 CEQA books for Gabriel Elliott $197 Classes Rancho Santiago Community College $221 Classes for Monique Code Enforcement Officer I at Rancho Santiago Community College $129 Code Officer Safety Training $250 COSS_Nametz $250 Packet Page. 342 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Deputy Director Economic Development_RWA_receipt $1,925 Field training officer - Code Enforcement Officer II $275 Inland Empire City Showcase tickets for Economic Development Project Manager & Joann $170 Liset Cuevas class.($46) Liset Cuevas receipt.$46 Notary training and exam - Executive Assistant to the Director $781 PC_ Code Enforcement Officer II $275 Rancho Santiago College Payment $175 Rancho Santiago College Payment - Code Enforcement Officer II $175 Real property classes, essential for job position.$2,340 Registration for education/training Divisi $199 RWA Application fee.$50 Santiago College_Code Enforcement Officer I $547 Santiago College_Code Enforcement Officer I 2 $1,368 Santiago College_Code Enforcement Officer I_Parking $30 Santiago College_Code Enforcement Officer II $171 5181 - Other Operating Expense Balance of translation equipment for Board Room.$2,361 Front counter table corner protectors.$13 Tablet kiosk for front counter.$103 5183 - Management Allowance Director's monthly meeting budget. Monthly department birthdays'$50 Community Development & Housing Total $56,863 Finance & Management Services 5111 - Material And Supplies 7.21.23 - AMAZON - Business Card box for booth display $15 Accountant II Office Supplies $358 Amazon Return - Polo Shirt for Deputy Director of Finance & Management Services ($214) Boss day and employee appreciation day - finance 3rd floor team $229 Buyer - Work from home setup supplies.$198 Buyer 30th anniversary with City flowers and team breakfast c $112 Calculator Ribbon for Georgia Chamberlain $10 Cardigan Sweater for Embroidery $31 City employee Admin Asst to City Council Retirement $159 CREDIT ($284) Deputy Director of Finance & Management Services - City Apparel - Sweater $32 Deputy Director of Finance & Management Services and Director of Finance and Management Services - Rocketbook covers $76 Deputy Director of Finance & Management Services and Director of Finance and Management Services Rocketbook and accessories$319 Deputy Director of Finance & Management Services/Director of Finance and Management Services - Rocketbook gel finepoint pens Art Torres and n$189 Door Name plates for accountant ll and lll.$28 Electric stapler for Budget Division Manager $38 Electric Staplers for budget team.$110 Employee Recognition Clothing for Finance Department $6,356 Employee Recognition, Participation in Citywide Purchasing train $155 Jennifer Broadnax/Purchasing door name plate.$20 Name plates for Accounting $49 Office supplies - accounting $235 Office supplies - AP storage cabinet $168 Office Supplies - Procurement Contract Specialist $299 Office Supplies - Procurement Contract Specialist - Rocketbook $42 Office supplies for Accounting $95 Office supplies for admin $46 Office supplies- Rocketbooks $294 office supplies/treasury 1/2 $94 office supplies/treasury 2/2 $17 Organization bins for supply cabinet $75 Payroll file supplies $50 Packet Page. 343 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Pen for admin $8 pens for dept - refillable $30 Polo for Deputy Director of Finance & Management Services $68 Purchasing - Accountant II desk pad and USB port for multiple devices. n $30 Purchasing - Buyer - EXPO Markers for White Boards $16 Purchasing Staff Office supplies $176 refills packs for pens reusable.pdf $25 Returned amazon purchase - Deputy Director of Finance & Management Services - polo - did not fit.($68) Reusable notebooks for budget $132 Rocketbook planner for Interim Director of Finance & Management Services $33 Storage bins for Supplier Diversity promotional items purchased $112 SUPPLIES $65 Supplies for Admin and Budget $50 USB connector and monitor fans x 3 $147 Purchasing Dept - Supplier Diversity - Finance Polos and Garment $232 Tape (s) needed to hold gift baskets for small business $15 Name plates for Accounting Tech, Accounting Tech III, Management Analyst I $28 Name plates for Accounting Tech, Accounting Tech III, Management Analyst I and Ale $39 Door Name plate for Accounting Manager $14 5112 - Small Tools And Equipment Stools for payroll $74 5121 - Advertising Cancelled order - product not available - Tumbler Supplier Diver ($472) Canva Pro for Purchasing to create advertising, presentations, f $120 DBE Booth - Tables $129 DBE Booth Chairs and Table clothes $114 Deputy Director of Finance & Management Services advertising apparel - RETURNING ITEM $243 Garments for embroidery for events - Sweaters for Buyer and P $30 GL 0155 - LinkedIn Premium - Supplier Diversity Advertisement -$540 GL 0155 - MINI LIBRARY - CANDY for all $36 GL 0155 - SD/DBE - Table clothes for tables for Event Booths $28 GL0155 - Mini Library - Candy bowl for partnerships $44 Minority and Small Business Event raffle for BCC BBOP $100 Social Media 2-week advertising for broadband survey.$5 Supplier Diversity - Promotional items.$669 Supplier Diversity - Promotional items. Tumblers were cancelled $1,081 Supplier Diversity/DBE - Tables for Canopy Booth $194 Supplier Diversity/Dbe Booth Canopy - 5 x5 customized for Events $990 This a canopy for DBE events. Please place in GL 0155 under 5121 $1,217 Purchasing Dept - Supplier Diversity - Finance Polos and Garment $574 Black Chamber of Commerce at BBOP Center - City Sponsor $110 5122 - Dues And Subscriptions Accountant II - CSMFO Membership renewal $50 Acrobat Pro for Deputy Director of Finance & Management Services n Director of Finance and Management Services $20 Adobe subscription cancellation fee for Deputy Director of Finance & Management Services and Director of Finance and Management Services- GFO$110 Agency Membership Dues Renewal $191 Aurora Training Advantage subscription renewal $399 Barrons and The Wall Street subscription $94 Barrons recurring subscription $33 Barrons subscription $130 Bloomberg subscription for Budget and Admin as per Director of Finance and Management Services $129 Buyer - 2024 CAPPO Annal Membership.$140 CPFO Candidate Renewal Fee. Director of Finance and Management Services $600 CSMFO membership dues- Director of Finance and Management Services $135 CSMFO Membership renewal Budget Division Manager $135 CSMFO professional- Accountant III $50 CSMFO registration- Deputy Director of Finance & Management Services $515 Packet Page. 344 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges CSMFO subscription fee- Deputy Director of Finance & Management Services $50 CSMFO. Membership Renewal. Management Analyst I $9 CSMFO. Membership Renewal. Senior Budget Analyst $9 CSMFO-Membership Dues-Payroll Supervisor $55 Dropbox storage- Director of Finance and Management Services $120 GAAFR Plus Subscription- Director of Finance and Management Services $149 GFOA membership - Management Analyst I $13 GFOA membership - Senior Budget Analyst $13 GFOA renewal fee for Payroll Supervisor $150 GFOA Renewal Fees- Accountant II $150 GFOA renewal fees- Accountant III *using treasury GL# as per J $150 GL 0155 - Disadvantaged Business Enterprise Specialist - 2024 CAPPO Annal Membership.$140 ISM Membership Dues - Disadvantaged Business Enterprise Specialist - GL 0155 $369 PayrollOrg Membership - Payroll Supervisor $50 Payroll-PayrollOrg Membership -Payroll Supervisor $333 Recurring charge for Barron's subscription $33 Recurring subscription for The Wall Street Journal $31 Refund for duplicate charge- Accountant II ($50) San Francisco Chronicles subscription $2 San Francisco Chronicles Subscription.$16 Subscription for Budget and Admin per Director of Finance and Management Services $275 Subscription to Barron's for Budget and Admin $13 subscription to The Wall Street Journal $31 Subscription to The Wall Street Journal for Budget and Admin $31 The California Society of Municipal Finance Officers (CSMFO) of $55 The Sun subscription $126 The Wall Street Journal subscription $31 The Wall Street Journal subscription.$31 The WSJ subscription $31 Women We Admire (WWA) is a membership - Director of Finance and Management Services $495 CSMFO subscription fee- Accounting Manager $50 CSMFO. Membership Renewal. Management Analyst I Next FY $46 CSMFO. Membership Renewal. Senior Budget Analyst Next FY $46 GFOA membership - Management Analyst I Next FY $138 GFOA membership - Senior Budget Analyst Next FY $138 Agency Membership Dues Renewal Next FY $954 PayrollOrg Membership - Payroll Supervisor Next FY $249 5132 - Meetings And Conferences 1 USHCC - registration - reimbursed - cancelled conference $550 $550 2023 NGLCC Conference - ticketed event.$26 2023 NGLCC Conference (Denver, CO) - Uber transportation $274 2023 NGLCC International Business & Leadership Conference Regist $749 2023 San Bernardino County, State of the County event registrati $50 2024 CSMFO conference registration- Accountant II $515 2024 CSMFO conference registration- Accountant III $515 2024 CSMFO conference registration fee. Deputy Director of Finance & Management Services $515 2024 CSMFO conference registration fee. Payroll Supervisor $515 2024 CSMFO conference registration- Management Analyst I $515 2024 CSMFO members full conference and Pre conference. Director of Finance and Management Services $765 2024 CSMFO Wednesday night event- Payroll Supervisor $35 2024 GFOA conference - Expedia. Hotel Budget Division Manager $1,792 2024 GFOA Conference flight/Director of Finance and Management Services $835 2024 GFOA conference registration/Accountant III $550 Buyer - 2024 CAPPO Conference - Hotel lodging in Palm S $1,776 Buyer - 2024 CAPPO Conference - Registration for Confer $495 CALPERS conference - Hotel- Payroll Supervisor $924 CMRTA Conference- Registration fee. November 2023 Business Registration Manager $750 Packet Page. 345 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges CMRTA Conference. Accounting Tech I. Business Reg . Flights $560 CMRTA Conference. Business Registration Manager. Flights $560 CMRTA conference. Hotel. Accounting Tech I $473 CMRTA conference. Hotel. Business Registration Manager $473 CMTA conference registration for Director of Finance and Management Services and Deputy Director of Finance & Management Services F$1,200 CSMFO- Disney Grand California Hotel. Accountant II.$770 CSMFO- Disney Grand California Hotel. Accountant III. Final.$770 CSMFO- Disney Grand California Hotel. Payroll Supervisor.$770 CSMFO- Disneyland Hotel. Budget Division Manager $618 CSMFO- Disneyland Hotel. Director of Finance and Management Services $1,236 CSMFO- Disneyland Hotel. Management Analyst I $618 CSMFO Inland empire chapter meeting- ERP Project Manager $65 CSMFO Inland empire chapter meeting- Accountant II $65 CSMFO Inland empire chapter meeting- Accountant III $65 CSMFO Inland empire chapter meeting- Budget Division Manager $65 CSMFO Inland empire chapter meeting- Deputy Director of Finance & Management Services $65 CSMFO Inland empire chapter meeting- Director of Finance and Management Services $65 CSMFO Inland empire chapter meeting- Management Analyst I $65 CSMFO Inland empire chapter meeting- Payroll Supervisor $65 CSMFO Inland empire chapter meeting- Senior Budget Analyst $80 CSMFO parking for Management Analyst I $88 ERP demos lunch. Costco $37 ERP demos lunch. In n out- lunch for training $65 ERP demos lunch. Juan Pollo for training $107 ERP demos lunch. Panera doordash $87 Finance Dept Meeting - Overview and team building $568 Finance team meeting - small snack $45 Flight credit refund. Director of Finance and Management Services ($161) GFOA - Grand Hyatt Reservation Confirmation. 1.21.2024-1.24.2024 $1,271 GFOA Academy. Budget. Flight. Southwest Airlines. Budget Division Manager $330 GFOA Academy. Budget. Flight. Southwest Airlines. Management Analyst I $330 GFOA Academy. Budget. Flight. Southwest Airlines. Senior Budget Analyst $330 GFOA advance deposit $813 GFOA Closing Event (Accountant III and Budget Division Manager)$100 GFOA conference registration- Orlando FL- Deputy Director of Finance & Management Services $870 GFOA Conference- Washington DC Jan21-24, 2024- Director of Finance and Management Serviceshor $567 GFOA Insurance for Deputy Director of Finance & Management Services flight $63 GFOA registration Budget Division Manager.$550 GFOA. Accounting Academy Registration. Accountant II $1,197 GFOA. Accounting Academy Registration. Accountant III *using $1,197 GFOA. Accounting Academy Registration. Payroll Supervisor $1,197 Packet Page. 346 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges GFOA. Accounting Academy. AA Flight. Accountant II $393 GFOA. Accounting Academy. AA Flight. Accountant III *using tr $393 GFOA. Accounting Academy. AA Flight. Payroll Supervisor $393 GFOA. American Airlines flight. Accountant III $835 GFOA. American Airlines flight. Budget Division Manager $835 GFOA. American Airlines flight. Deputy Director of Finance & Management Services $835 GFOA. Budget Analyst Training Academy. Registration. Budget Division Manager $1,197 GFOA. Budget Analyst Training Academy. Registration. Management Analyst I $1,197 GFOA. Budget Analyst Training Academy. Registration. Senior Budget Analyst $1,197 GFOA. Grand Hyatt Hotel. Accounting Academy . Accountant III $1,589 GFOA. Grand Hyatt Hotel. Accounting Academy .Accountant II $1,589 GFOA. Grand Hyatt Hotel. Accounting Academy .Payroll Supervisor $1,589 GFOA. Taxi. Director of Finance and Management Services $21 GL 01 55- Disadvantaged Business Enterprise Specialist accidently used City Pcard for personal lunch.$9 GL 0155 - hotel stated they reimbursed $7 GL 0155 - 2023 WBEC WEST - Tucson AZ - Hotel room stay $1,020 GL 0155 - 2023 WBEC WEST - UBER $110 GL 0155 - NGLCC Conference Denver - luggage weight limit was ove $175 GL 0155 - NMSDC Conference - Supplier Diversity - DBE $358 GL 0155 - NMSDC National Conference - DBE outreach and awareness $3,923 GL 0155 - USHCC Conference canceled by CM for CED to attend inst ($550) GL 0155 - USHCC hold for hotel - reimbursed as canceled trip.$0 GL 0155 - WBEC WEST - charges one day separately for hold. hotel $229 Inland Empire Black Chamber of Commerce at the BBOP Ce $42 Inland Empire Chapter Meeting - Director of Finance and Management Services $45 League of CA Cities Conference- Flight. Deputy Director of Finance & Management Services $607 League of CA Cities Conference- Flight. Director of Finance and Management Services $607 League of CA cities conference hotel for Deputy Director of Finance & Management Services $1,112 League of CA cities conference hotel for Director of Finance and Management Services $1,112 League of CA cities conference hotel. Director of Finance and Management Services- Water b $10 League of California Cities Conference $1,450 Lunch meeting w/Spicer -Director of Finance and Management Services- Administration $135 Meeting to learn more about energy resiliency efforts in the IE;$90 Monthly Purchasing Division Meeting for Strategizing $188 NGLCC CONFERENCE Hotel - Director of Finance and Management Services $2,045 One night charge for 2024 CSMFO Conference- Accountant II $385 One night charge for 2024 CSMFO Conference- Accountant III $385 One night charge for 2024 CSMFO Conference- Budget Division Manager $309 One night charge for 2024 CSMFO Conference- Director of Finance and Management Services $309 One night charge for 2024 CSMFO Conference- Management Analyst I $309 One night charge for 2024 CSMFO Conference- Payroll Supervisor $385 Originally wrong parking Charges to Budget Division Manager acct by hotel. re $246 Panera - Finance Biennial Budget Kick-Off Mtg 09.05.23 $157 Partnership Meeting - short - 3rd floor staff $44 Partnership Meetings - Purchasing and SDP $61 Partnership Meetings Grants presenting - Disadvantaged Business Enterprise Specialist $55 Pre- TSA for Travel/flights for SDP.$78 Purchasing Lunch Meeting (Audits, Training, Bids, Conferences)$120 Purchasing Partnership Meeting - Finance, Accounting, Admin, BUs $145 Purchasing Partnerships meeting donuts for staff - finance, gran $63 Refund made for wrong parking charge. Budget Division Manager ($123) Supplier Diversity/DBE: CSMFO Training and Networking Eve $55 The Conference For Administrative Excellence registration. Roxan $1,795 The Conference For Administrative Excellence. Hotel Red Rock Cas $315 This flight has been credited. unable to cancel. I am using the $450 UBER Airport to hotel - GL 0155 - WBEC-WEST 20th Annual Conferen $43 UBER to Airport - GL 0155 - WBEC-WEST 20th Annual Conference $66 Packet Page. 347 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Upgrade flight for Disadvantaged Business Enterprise Specialist. Using GL 001-120-0155*5132 b $80 WBEC WEST - Invite Only - WBENC Corporate Members - FLIGHT $679 WBEC WEST - Invite only - WBENC National Corporate Members. - RE $550 WBEC_WEST 2023 - Tucson AZ - Bag for luggage - over limit $25 GL 0155 - WBENC Unity Week - Philly, PA This was a reservation a $1,538 2024 CSMFO night event- Accountant II, Deputy Director of Finance & Management Services, Accounting Manager and Accountant III$140 One night charge for 2024 CSMFO Conference- Accounting Manager $385 2024 CSMFO conference registration- Accounting Manager $515 GFOA Event Confirmation- Orlando FL- Accounting Manager $870 refund from Director of Finance and Management Services room.($93) 2024 GFOA conference flight/Accounting Manager $773 5133 - Education And Training CalPERS Educational Forum 2023 event-Director of Finance and Management Services $499 CalPERS event registration for Payroll $449 Certified Public Procurement Officer (CPPO) Examination Scheduli $315 Community engagement workshop. Budget $625 CSMFO Chapter Meeting - Budget Division Manager $55 CSMFO Chapter Meeting - Management Analyst I $55 CSMFO Chapter Meeting - Senior Budget Analyst $55 CSMFO training for AP(Accounting Tech I, Accounting Tech I, Accounting Tech II) and for Payroll (Pa $400 GFOA - TRAINING - $315.00 - Buyer $315 GFOA - TRAINING - $315.00 - Disadvantaged Business Enterprise Specialist $315 GFOA- Preparing and Implementing a Capital Improvement Plan-Gove $435 GFOA registration classes. Budget $35 Inland Empire Chapter Meeting for Budget Division Manager, Senior Budget Analyst and Management Analyst I- Bud $135 Introduction to Governmental Accounting - April 2-3, 2024 $100 LSL Training Payment Summary. Budget $95 Online Learning - Accounting $599 This purchase is for the Certified Public Procurement Officer Ap $290 Virtual training for Budget. Management Analyst I $315 0155 - Supplier Diversity NASPO Free course on Supplier Diversity $79 5502 - Professional Contractual Services GFOA Certificate of achievement review fee FY23- Eric could you $910 Finance & Management Services Total $96,059 Packet Page. 348 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges General Government 5111 - Material And Supplies $162.86- Mayor and City Council Workshop refreshments on June 30 $159 Amazon - July 31, 2023, Supplies for NBHD SVC CTR $369 Neighborhood Services office supplies.$88 Neighborhood Services office supplies. Doorbell for entryway to $27 Neighborhood supplies for community use for events/meetings.$1,293 Office supplies for storage room and stock batteries for office $169 Refreshments for community/neighborhood services partnership mee $91 Supplies for balloon arch displayed in the lobby of the City's I $28 Supplies for community use for meetings/events.$1,955 Unable to locate receipt. Purchase was for office plates, cups, $125 5122 - Dues And Subscriptions Annual Subscription to Sam's Club. Purchases include items for t $9 Annual Subscription to Sam's Club. Next FY $45 5132 - Meetings And Conferences Supplies for balloon arch displayed in the lobby of the City's I $78 5186 - Civic And Promotional Community Grants Neighborhood Project.$117 Community Grants Neighborhood Projects.$449 PER Customer Services Manager EMAIL THREAD: Neighborhood Services - 001-090-006 $801 General Government Total $5,803 Human Resources & Risk Management 5105 - Employee Recognition Centerpieces for Employee Appreciation Event $180 Decorations for Employee Appreciation Event $58 Deposit Payment for Habit Burger for Employee Appreciation $500 Drinks to accompany the breakfast burritos for Public Service Em $344 Employee Appreciation Event Supplies $16 Ice for drinks purchased for 05/08 Public Service Employee Recog $32 Initial charge that was reversed by vendor on accident; please s $5,241 No Itemized Receipt - 6 bags of ice purchased to chill the remai $36 PIRATE HATS FOR STAFF FOR HEALTH AND WELLNESS FAIR $52 Public Service Week lunchtime event 05/09 - Gelato ice desserts $5,000 RAFFLE PRIZES FOR HEALTH & WELLNESS FAIR (REIMB)$100 RAFFLE PRIZES FOR HEALTH AND WELLNESS FAIR (WELLNESS REIMB)$952 SNACKS FOR HEALTH & WELLNESS FAIR (REIMB)$131 supplies for public service employee recognition event $311 Tablecloths for Employee Appreciation Event $135 Refund that was processed by vendor on accident; please see debit ($5,241) Public Service Week lunchtime event 05/09 - Nachos for city staff $5,241 Breakfast burrito purchase for Public Service Employee Recognition $5,471 Packet Page. 349 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5111 - Material And Supplies ACRYLIC TRAY FOR DRY ERASE BOARD MARKERS $11 BADGE HOLDERS $64 BADGE LANYARDS $24 BAGELS FOR HR TEAM $45 BIRTHDAY CARDS/WELCOME SUPPLIES $8 CALENDAR FOR BENEFITS - Supervising HR Analyst $11 COFFEE SUPPLIES (CUPS & CREAMER) - PRICE WAS BETTER AT SAM'S VS.$45 CREATE YOUR OWN SIGN $11 DYE FILM FOR BADGE PRINTER $171 EMPLOYEE NAME PLATES AND DESK HOLDERS - S. RIVERA & A. RICO $53 FAREWELL CARD FOR CM $11 FLOWATER FILTER CHANGE $544 ID Badge Holders $65 IN/OUT BOARD FOR HR DEPT $15 NAMEPLATES FOR HR STAFF $305 OFFICE BREAKFAST AND CANDY FOR LOBBY $26 Office Supply - Mousepad wrist rest $21 REPLACEMENT OFFICE DOOR SIGN $14 supplies for HR Front desk $18 SUPPLY CLOSET ORGANIZATION ITEMS $16 WELCOME DECORATIONS $18 5112 - Small Tools And Equipment Stools for payroll $89 5121 - Advertising Job Advertisement (4% CC fee)$520 Privacy Screens for One Day Hiring Event $196 Privacy Screens for One Day Hiring Event - Not used, returned ($196) RECRUITMENT ADVERTISING (PUBLIC WORKS)$400 RECRUITMENT BANNERS FOR CAREER FAIRS $226 ROLLING CART FOR RECRUITMENT - CAREER FAIRS $34 STACKABLE PLASTIC STORAGE BINS FOR RECRUITMENT - CAREER FAIRS *$27 TABLE SIGNS & BROCHURE HOLDERS: RECRUITMENT - CAREER FAIRS FILE $62 Annual subscription to post all positions on Cal Jobs. (4% CC pro $260 5122 - Dues And Subscriptions 23/24 CALPELRA MEMBERSHIP FOR DIR OF HR $380 HBR SUBSCRIPTION FOR Deputy CM Internal Services $120 POBR CPER GUIDES FOR MEMBERS OF THE MOU COMMITTEE $243 SHRM MEMBERSHIP FOR DD, Deputy Director of HR $244 SHRM MEMBERSHIP FOR STAFF (AC)$244 SHRM MEMBERSHIP RENEWAL FOR Supervising HR Analyst $244 Society for Human Resource Mgt - Supervising HR Analyst FY2024-25 $22 Society for Human Resource Mgt - Supervising HR Analyst FY2024-25 Next FY $242 5132 - Meetings And Conferences BAGELS FOR HR TEAM BREAKFAST $17 CALPELRA REGISTRATION FOR Deputy CM Internal Services $852 CALPERS FORUM REGISTRATION FOR Deputy CM Internal Services $250 CALPERS FORUM REGISTRATION FOR Deputy Director of HR $250 CALPERS FORUM REGISTRATION FOR HR Analyst II $250 CHANGED FLIGHT FOR NEOGOV CONFERENCE FOR HR Analyst II $25 CREAM CHEESE FOR HR TEAM BREAKFAST $7 CREDIT FOR FLIGHT CHANGE FOR Deputy CM Internal Services ($72) DEPOSIT FOR HOTEL ACCOM FOR NEOGOV CONFERENCE IN LV FOR SR ANALY $190 DEPOSIT FOR HOTEL ACCOMODATIONS FOR CALPELRA CONF - Deputy CM Internal Services $606 DONUTS FOR HR TEAM MEETING 8/24/23 $18 DONUTS FOR TEAM MEETING $29 FLIGHT CHANGE FOR LEAGUE OF CITIES CONF FOR DIR HR $91 Packet Page. 350 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges FLIGHT FOR DC TO ATTEND CALPELRA CONFERENCE IN SS PLACE $458 FLIGHT TO LAS VEGAS FOR NEOGOV ANNUAL CONFERENCE FOR SR ANALYST $180 HOTEL ACCOMODATIONS FOR AR FOR CALPELRA ANNUAL CONFERENCE IN MON $963 HOTEL ACCOMODATIONS FOR AR NEOGOV CONFERENCE $662 HOTEL ACCOMODATIONS FOR DC FOR CALPELRA ANNUAL CONFERENCE IN MON $963 HOTEL ACCOMODATIONS FOR Deputy CM Internal Services LEAGUE OF CAL CITIES $1,024 HOTEL ACCOMODATIONS FOR Deputy CM LEAGUE OF CAL CITIES $3 HOTEL ACCOMODATIONS FOR DR FOR CALPELRA ANNUAL CONFERENCE IN MON $1,095 HOTEL ACCOMODATIONS FOR JC NEOGOV CONFERENCE $742 HOTEL ACCOMODATIONS FOR OB CALPERS FORUM $650 HOTEL ACCOMODATIONS FOR SS CALPERS FORUM $1,017 HR Department Staff Meeting $19 HR TEAM LUNCH $68 LEAGUE OF CAL CITIES ANNUAL CONF REGISTRATION FOR HR DIRECTOR $700 LUNCH FOR HRA TRAINEE PANEL 10/18/23 $83 Old Town Bakery 07.10.23 Mayor & CM - Mayor's EA Interviews $32 ONTARIO AIRPORT PARKING FOR Deputy CM Internal Services $80 PARMA 2024 Annual Conf - Feb 20-23, 2024 - Director of HR $360 ROUNDTRIP AIRFARE FOR HR DIRECTOR FOR LEAGUE OF CAL CITIES CO $396 ROUNDTRIP FLIGHT TO SJC FOR CALPELRA CONFERENCE FOR SS $289 SHRM CONFERENCE ATTENDANCE FOR STAFF (CD)$1,395 SOUTHWEST FLIGHT TO NEOGOV CONFERENCE FOR HR Analyst II $178 STATE OF THE COUNTY REG FOR Senior HR Analyst $50 STATE OF THE COUNTY TICKET FOR HR STAFF $250 WOMEN LEADING GOVERNMENT MASTER CLASS SERIES GV $155 WOMEN LEADING GOVERNMENT MASTER CLASS SERIES SS $155 5133 - Education And Training 2024 PUBLIC AGENCY LEGISLATIVE ROUNDUP FOR HR DIRECTOR $100 Attendance at the MMASC's annual Women's Leadership Summit in Ra $125 CPR-AED-FA City Staff (HR Safety Team) Certification $456 First Aid/CPR Training $342 HR TEAM BUILD WORKSHOP $1,680 Job and Internship Fair Registration $325 LCW EAST INLAND EMPIRE TRAINING FOR (30) SB CITY EMPLOYEES $2,430 LCW TRENDS AND TOPICS AT THE TABLE (GV/SS)$475 LCW TRENDS AND TOPICS AT THE TABLE (SS/GV)$475 SNACKS FOR HARASSMENT PREVENTION TRAINING - 03/26/24 $123 SNACKS FOR HARASSMENT PREVENTION TRAINING - 3/19/24 $170 SNACKS FOR HARASSMENT PREVENTION TRAINING - 3/28/24 $46 SNACKS FOR HARASSMENT PREVENTION TRAINNG - 03/21/2024 $94 Split Billing to GL: $38 for safety caption training 001-110-???$38 WEBINAR ADA, FMLA & WC ERROR REFUND PENDING $99 WEBINAR ADA, FMLA & WC FOR HR Analyst II $99 WEBINAR ADA, FMLA & WC FOR Supervising HR Analyst $99 Packet Page. 351 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5175 - Postage FED EX PERSONAL BELONGINGS DH $155 OVERNIGHT CM CONTRACT $55 5183 - Management Allowance Department Birthday Celebration $36 Supplies for Department Celebrations $87 5502 - Professional Contractual Services EMPLOYEE BILINGUAL TESTING - L. HO $66 Please Code to GL Account 5502 - Pre-employment Physical $175 Human Resources & Risk Management Total $45,643 Library 5111 - Material And Supplies 3 Year Electronic Protection Plan $29 3M Tattle Tape / Book security system strip $185 Barrier for library circulation department $32 Bing Wong Accident Protection Plan (Microphone)$37 Bing Wong Microphone Wire $43 Bing Wong Wireless Microphones System $283 Children's Dept. Supplies $40 Computer adapter for hard drive storage $17 Emergency Flashlights for library $24 Emergency flashlights for library: Two invoices combined in one $81 Emergency Flashlights for the Library / Power Outage $81 IT Request : Radios communicate with the new security company/SB $353 Library emergency flashlights / power outage supply $101 Library emergency flashlights / power outage supply Multiple o $264 Library emergency flashlights / power outage supply Second item $53 Library new card holder stickers Visa ending in 0511: March 27,$27 Library Projector / Speakers $217 Library supplies / backup emergency lights and material for the $61 Material for Inghram Branch $51 Outreach EZUP $205 Pencils for children's $18 Radio Insurance Protection $40 Replacement Foam for Villa Branch $40 Stolen Bike Rack Replacement $213 SUPPLIES 001-470-0001-5011 $182 Switch IT / Rowe Branch G/L 001-470-0064-5111 $49 Tech Services Book Labeling Supplies $24 Tech Services Book Supplies $573 Villa Branch : Demco Books Give You Wings Wall Decal $156 Villa DVD player for projector connection $96 Villa Library Sign / Library Hours Plaque $33 Villa Material $203 Villa material : Re-opening $37 Packet Page. 352 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5112 - Small Tools And Equipment Bing Wong Microphone Clips $37 IT Jobsite Backpack $159 IT Replacement Tools $32 Projector remote lock box $41 Refrigerator replacement for the library staff lounge $1,956 Rolling TV Cart for Villa $130 Tool Replacement order $419 5122 - Dues And Subscriptions Literacy Coordinator CLA Membership $140 5132 - Meetings And Conferences 1-Day Exhibit Entrance for Sarah Dizon $139 ALA Annual Conference and Exhibition Kristen Jensen $139 ALA Conference Fees for Alysha Cisneros $410 ALA Conference Fees for Nikki Villalobos $410 ALA Membership Fees for Alysha Cisneros $81 Library Coordinator PLA Conference $277 5181 - Other Operating Expense 3 Year Outdoor Furniture Protection Plan for EX Up $28 Purchased materials needed for ESL outreach $305 Library Total $8,555 Parks & Recreation 5111 - Material And Supplies 0llie McDonald concession $74 4 garment steamers for event linens $481 A frame signs $943 Accidental charge to be repaid by LG. See Memo.$100 Accidently purchase popcorn for senior movie day.$18 Accidently purchase popcorn for senior movie day. Refund was giv ($18) Admin- Cans of Expanding Foam for project $43 Admin kraft paper roll $21 Admin-2024 Desk Calendar $6 Admin-Banner and poster rolls for printing $714 Admin-Banner set up frames (2)-retractable and HD $469 Admin-clay for MLK hand repair and green zip ties $56 Admin-Horizontal A Frame for Banners $217 Admin-lunch for staff at 4th street resource event $88 Admin-magnetic hooks for white board $14 Admin-Room Divider for mail room $69 Admin-sympathy cards for office $22 ADMIN-Table cloths for events $158 Aquatic maintenance for restrooms, carrying cases for parts to h $96 Aquatics storage bins for CPR & FA supplies $122 Art Supplies Symphony in the Park event $343 Artificial flowers for Eggstravaganza Photo backdrop $690 AV cart for JL $130 Banner Supplies from NuSign-JDaniels Overhead and Signage $757 Banner supplies-hand grommeters $169 Banner supply-clips and heavy duty scissors $95 Banner supply-double-sided tape for canopy $50 Banner Supply-Grommets and Adhesive Dots $122 Banner supply-Janome Sewing machine $1,956 Banner supply-janome sewing machine extension $141 banner supply-sewing needles and shipping tags $55 Banner supply-vinyl squeegeez sewing table $291 Banners supply-Janome sewing machine package $156 Baskets to hold swimming lessons toys for instructors $22 Packet Page. 353 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Battery packets for light system for city wide event canopies $440 Billiard supplied $98 Billiard Supplies for both Senior Facilities $113 Bingo gifts and raffles for May and June Bingo Club and upcoming $453 Bingo gifts for May and June Bingo Club $55 Bingo gifts, raffles items, and decor for May and June Bingo Clu $55 Bingo items for bingo club and raffle items for Volunteer recogn $114 Bingo items for bingo club at both senior facilities $54 Bingo items for Bingo program held at both senior facilities wee $152 Bingo Items for both Senior facility Programs $288 Bingo Items for both Senior facility Programs.$115 Bingo Items for October $103 Bingo items for Senior Programs $153 Bingo items for senior service Bingo programs weekly.$80 Bingo items for Senior Services Bingo Club and Mother's Day Gift $169 Bingo items for Senior Services Bingo Club, Mother's Day Gifts f $180 Bingo items for Senior Services Bingo Club.$148 Bingo Items for the month of November for Senior Service Weekly $171 Bingo items purchased for Bingo programs for both senior facilit $97 Bingo Prizes for Senior Programs Weekly Bingo Club $279 Bingo prizes for senior service bingo club.$207 Bonsai Centerpieces and gold fortune coins $150 Boxwood Panels for backdrop $291 Breakfast with Santa $189 breakfasts with Santa $416 Brochure holder for JL lobby $192 Bug zapper for Mosquito control $130 bulletin board supplies $100 BVM for CPR training $65 Candy Canes for Christmas Program $25 Cary bag for event canopy accessories $40 Cashier room, computer monitor wall mounting bracket $20 Cast Party Dinner on April 30th for the Ollie McDonald Cast.$462 Centerpiece items for special events $109 Certificate Holders for Awards $87 Chair Covers for Events $71 Chicken broth and stuffing mix was purchased for Senior Services $76 Christmas decor for JL $864 Christmas decor JL $27 Christmas decorations for JL $185 CID cooking program $35 CID Prom decorations $531 CITY EGG HUNT EVENT $89 City event 001-380-0073-5505 $350 City Event Supplies $212 Citywide Event Items $52 Packet Page. 354 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges coffee pots purchased for both senior facilities; Perris and 5th $274 community center COOKING CLASS $124 Community Center cooking class VC $58 Community Center Cooking Program $28 COMMUNITY CENTER COOKING PROGRAMS LC-DH $42 Community Center Dividers $299 Community Center event $71 Community Center Supplies $18 Concert/Pride Night Banner $11 Concert/Pride Night Decor $158 Concert/Pride Night Flags $23 Conference travel $102 Covers for three(3) liquid propane grills for Senior Nutrition P $446 CPR manakins for training. Two charges on one invoice.$755 CPR Supplies $109 CPR, AED, First Aid training supplies $1,108 CPR-AED-FA Training Supplies Order #1 $180 CPR-AED-FA Training Supplies Order #2 $336 CPR-FA-AED Supplies #1 $535 CPRS Award Submission Fee $85 CREDIT FOR FRAUDULENT CHARGES ($183) CREDIT FOR FRAUDULENT CHARGES-02.17.2024 ($70) Credit for unshipped supplies ($62) Credit to account for materials damaged during shipping. Materia ($46) Cricket mug maker for Merri Mixers & Sunshine Club programming, $266 Cult Cinema Event Decor $98 Cult Cinema Favors Wax Lips RHPS $159 Cups for hydration stations and slider bags for ice for first ai $128 Cups for hydration stations for festival $71 Curtain backdrop panels $40 Curtain Panels for Backdrops $158 Custom covers for five(5) Duromax XP 15000E portable gas powered $807 Day of the Dead event $19 DDLM Decor Supplies $127 DDLM Event decor and Supplies $39 DDLM event planter pots decor $18 DDLM Logo projector for special events $217 DDLM Ofrenda and decor items $235 DDLM Ofrenda items and marigolds $304 DDLM Solar Spotlights $54 DDLM Supplies and decorations $866 DDLM Supplies-Transparency fil, and flameless candles $129 Decor (balloons) for NYE Party at Fifth street on 12/30/23 $38 Decor (balloons) for the Ollie McDonald Senior Talent Showcase $10 Decor for Father's Day Program at Fifth Street on 6/17/23 $27 Decor for Halloween program 10/31, dance 10/28 and event 10/27.$11 Decor for Ollie McDonald Senior talent Production $202 Decor for Ollie McDonald Senior Talent Show Production on 4/27/2 $652 Decor for Rodeo Volunteer Recognition and Ollie McDonald Senior $29 Decor for Senior Health and Resource Fair on 10/7/23 $20 Decor for the Groovy Dance on 6/24 at Fifth Street Purchase #1 $20 Decor for the Groovy Dance on 6/24 at Fifth Street Purchase #2 $20 Decor for the Ollie McDonald Senior talent Production $143 Decor for the Ollie McDonald Senior Talent show on 4/27/24 $5 Decor for the Senior Health and resource Fair on 10/6/23 $120 Decor for Volunteer Recognition on 3/23/24 $63 decor items for the Volunteer recognition 3/23/24 $43 Packet Page. 355 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Decor items purchased for Prom on May26th and do not touch stick $66 Decor purchased for the 911 Day of Service at the 5th Street Sen $7 Decorations for CID Prom $198 decorations for miracle on court street $1,100 Decorative balloons purchased for Mother's Day Brunch on May 11t $23 Delmann Height Cooking Program $3 Delmann Heights Cooking Program $11 deposit for purchase of challenge coins for special event $270 Desktop Surge Protector and Charger Extension $45 Dinner for Soul Train Dance on 2/24/24.$391 Display grid panels for backdrop $186 Disposable glove holder for JL $65 Document camera for CID Merri Mixers & Sunshine Club crafts & ac $80 Door chimes for CID non-monitored exit doors $53 Dry Erase Magnet Labels-Org Chart $24 Dry Erase Magnet Labels-Org Charts $11 dry ice for summer social event $8 EGGSTRAVAGANZA EVENT $236 Elf costumes for miracle on court street $458 Employee scheduling program 1 year $320 Enclosed canopies for events $502 Event supplies $146 Event supplies Symphony in the park $130 Event Supplies: Chair Covers, tablecloths, lottery spinner $211 Extension cords for Christmas light $48 EZ Up Add on -Sidewalls, table cover, etc $1,712 Fall decorations for JL $101 Fans for JL $116 Fans for Senior Center $177 Father's Day Gifts For the Fathers Day program at Fifth Street o $493 Festival 2024 Lanyards for Village areas $77 Festival 2024- Lanyards for villages $79 Festival 24-Festival parking passes and labels $72 Festival Badge Template for villages $58 Festival staff parking permits $50 Festival Stickers $544 Festival supplies Barricades and benches $548 Festival supplies carnival games and prizes $149 Festival supplies for signage $275 Festival Supplies: CID kinetic Sand & Ear plugs for redirection $146 Festival supplies-carnival prizes $1,930 FESTIVAL SUPPLIES-Wristbands $800 Festival-Barricade $130 Festival-carnival games and prizes $1,694 Festival-Cash Registers for ticket sales $774 flags for senior service facilities $41 Floor dolly's for JL storage room, rivet tool, screws $136 folding TABLES FOR city EVENTS $685 food & supplies for CID cooking in the kitchen program $63 Food for CID Disneyland Trip (Grant Funded)$419 Food for CID Silent Disco $566 Food for the Volunteer recognition on 3/23/24 purchase via RSVP $72 Food Items CID cooking Program $37 Food items DH Cooking class $5 food Items for cooking program at CID $105 Food purchase via GF/ grants for the Volunteer Recognition on 3/$50 Food purchased for Volunteer Recognition from GF/Grant RSVP prog $203 Packet Page. 356 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges FRAUDULENT CHARGES $253 Fruit for Valentines Day events at both senior sites on 2/24/24.$102 fruit purchase for the 2023 in the Empire Senior game softball t $31 fruit purchase for the 2023 in the Empire Senior Games horseshoe $24 Fruit, utensils, and water were purchased for the 2023 Inland Em $130 GARDEN GLOVES FOR ARBOR DAY EVENT $52 Grant Funded Program: CID Pillar Program (130-380-9015-5111) Out $19 Grant Funded Program: CID Pillar Program (130-380-9015-5111) Sta $1,163 Halloween Decor and Bingo Items for October $133 HC COMMUNITY PARK CLEAN UP $80 Heavy duty double-sided tape purchased for Community Partners s $24 Helium tank purchase for prom on May 25th at Fifth Street Senior $57 Hot Coffee Cups for Office $32 Hotel stay for Director of Parks & Recreation NRPA $304 Ice and Water Miracle Volunteers ($184) Ice City Event $8 Ice Community center event $20 Ice Cream was purchased for Weekly Ice Social a both Senior faci $28 Ice for hydration stations and vendors at festival $755 Ice -Juneteenth $5 items for a National Night Out booth on August 1st $105 Items for art explorer booth -Festival $178 Items purchased for the Cinco de Mayo program on May 3rd at both $85 Items to bbq the food for Volunteer recognition on 3/23/24 $41 JDaniels Key to the City Award Plates $19 JDaniels Key to the City-2nd Shadow Box, Frames and Magnets for $101 Jdaniels Magnets for award placement $5 JDaniels Neodymium Magnet for award plates $29 JDaniels Shadow Box and National Day Calendar $79 JDaniels/Lunar/Arts Fest Banner Supply from NuSign $1,000 JL Halloween decor & pumpkin plunge supplies $163.60. Two charge $164 JL Halloween Decor & Supplies for Pumpkin Plunge $155.80, Two ch $176 JL Halloween decor lights $32 JL lobby halloween decor $492 JL MSDS notebooks $35 JL offices power stripes, extension cords $61 JL Pool Chemical Test Kits $43 JL swim diapers, storage boxes, hooks $320 JL Swim lessons equipment, CPR training supplies, Key Tags for f $254 JL swimming lessons equipment $207 JL Swimming Lessons equipment $165 JL XMAS Decor, office phones, halloween decor, pulse O2 monitors $405 Jumper for kids zone Valley college Juneteenth event $662 Keurig for kitchen at JL $285 Kids zone backpack giveaway $879 Kinetic Sand for Festival & CID redirection booth $204 Lap top bag, mouse, desk light $56 Letter to Santa Received stamp $56 letter to Santa supplies for JL $11 Letters to Santa Supplies, & Battery Packs for light system for $99 LG Whiteboard Calendar Marker Packs $39 Lifeguard Certification $126 Line marking chalk for parking stalls for Senior Health & Resour $95 LNY Floral Decor $256 LNY Red Lanterns $235 LTS Swimming Lessons Equipment $183 Lunar New Year Decor-Red and Gold Paper Fans $36 Packet Page. 357 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Lunar New Year Decor-Tangerines/inflatable/ wisdom pearl $103 Lunar New Year Dragon Fur $32 Lunar New Year Dragon Installation Supplies $115 Lunar New Year Dragon-Flex Seal and Yarn $47 Lunar New Year Event Items $5,289 Lunar New Year Event Items refund ($83) Lunar New Year Extra Large Phot Backdrop-Dragon $83 Lunar New Year Floral Decor and Backdrops $411 Lunar New Year Floral Decor Red/Yellow $250 Lunar New Year Gold Paper Lanterns $156 Lunar New Year Photo Backdrops and Paper Fans $253 Lunar New Year Red Envelopes $316 Lunar New Year Red Fabric Lanterns $554 Lunar New Year Red Paper Fan Decor $57 Lunar New Year Red Tablecloths and Gold Centerpiece mats $191 Lunar New Year-Black Planters and Paper Fans $43 Lunar New Year-Dragon Scales Fabric $111 Lunar New Year-Origami-Red Envelopes-Cherry Blossoms $136 Lunar New Year's Event Items $168 Lunch for staff assisting with 4th street Resource Event $83 Lytle Creek Cooking Program $6 Marketing Wireless Mics IPhone Compatibility $51 Master Plan Lunch for Dept staff Meeting $257 Med bag organizer, key tags for facilities $37 Megaphones for special events $77 Memory Card for Camera and Concert/Pride Night Backdrop $64 milk for community center class $3 MIRACLE event candles $69 MIRACLE event Snow Fluid for Machines $652 MIRACLE Event Supplies-Meteor Rain Lights $174 Miracle on Court St $13 miracle on court street $1,757 Miracle on Court Street Event Decor-Catrina Shawl & Poinsettias $29 Miracle on Court street set up week $25 Miracle On Court Street-Decor, poinsettias $18 Miracle On Court Street-Feliz Navidad decor ornaments $111 Miracle on Court Street-Ice Rink Shoe Organizers $136 Miracle On Court Street-Ice rink shoe rack $54 Miracle On Court Street-LED strip lights for Ice Rink $175 Miracle on Court Street-Letters to Santa Envelopes $56 Miracle On Court Street-letters to santa supplies $65 Miracle On Court Street-Net Lighting for registration tents $213 Miracle On Court Street-Raffle Ticket templates and fitted table $213 Miracle On Court Street-Reg table surge protectors and velcro st $68 Miracle On Court Street-Tablecloth rolls, reg stable lamps, wris $310 Miracle on Ct St Rain Lights $185 Mirrors for Roosevelt Bathrooms $29 MLK Statue Repair Supplies $38 Mosquito traps/lights for insect control $208 Mothers Day and Fathers Day gift purchases. Also Bingo items for $145 Mother's Day Gifts for Mother day event on May 11th.$89 Mothers Day gifts for the Mothers day Program on May 11th at 5th $65 National Night Out Decor and Games $276 National Night Out Field Marking Spray $59 National Night out Sensory Tent $200 National Night Out Supplies and Games $153 National Night Out Tickets $8 Packet Page. 358 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Neon Sign for Special Events $261 Optimizer ink cartridge for large format printer $664 PARK CLEAN UP LYTLE CREEK $78 Partial payment for San Diego Zoo tickets for patrons of the Cen $1,000 partial payment of purchase of tickets for CID excursion to SD Z $726 P-card was used because the account was on hold as Citibank was $146 Photo Backdrops - Staff Photos at Wellness Event $73 Photo booth data transfer cable, power supply & antenna $327 photo booth license $200 Photo booth Ring Roamer for CID activities $2,092 Photo booth stand and carry cases $2,298 Pizza for Staff and Volunteers during set up of Miracle On Court $65 pool chemical testing reagents $63 Pool cleaning brushes $5 PRIZE BASKETS FOR ANNUAL SPRING EGG HUNT EVENT $87 Protection Screen needed for tablet purchased for senior service $15 pulse o2 monitor for JL FA bag $24 Purchase of 2 way radios for Senior Programs $376 purchase of coins for veterans ceremony. vendor charged the rema $335 purchase of culinary supplies for center program - VCC $16 purchase of decor for special event... vendor split the charges.$173 purchase of equipment for center program (LCCC)$75 purchase of equipment for city event... HD account was on hold.$388 purchase of equipment for events and community centers $963 purchase of food for staff and volunteers for setup of city even $138 purchase of supplies for center (VCC) program $82 purchase of supplies for center program $13 purchase of supplies for center program - LCCC $43 purchase of supplies for center program (LCCC)$29 purchase of supplies for center program (VCC)$256 purchase of supplies for center program. LC $9 purchase of supplies for center program. LCCC $47 purchase of supplies for center program. RHCC $107 purchase of supplies for center program. VCC $66 purchase of supplies for center programing $63 purchase of supplies for center programs (DHCC)$24 purchase of supplies for city event $99 purchase of supplies for city sponsored event (66)$22 purchase of supplies for culinary program $51 purchase of supplies for culinary program (VCC)$28 purchase of supplies for events $92 purchase of supplies for holiday event $15 purchase of supplies for miracle $115 purchase of supplies for miracle event $76 purchase of supplies for miracle/breakfast with santa $127 purchase of supplies for redirect program through the Social Rec $348 Purchase of supplies for redirect programs at centers through th $595 purchase of supplies for senior programming at VCC $70 purchase of supplies for special events $189 purchase of supplies for symphony night $785 purchase of supplies for the culinary program. LCCC $30 purchase of supplies for winter camp program (LC)$96 purchase of table covers for event $16 Purchase of Table runners for upcoming senior events $89 purchase supplies for center program (VCC)$23 purchase supplies for the center program (VCC)$71 Purchased Decor for the Dance on 6/24 at Fifth Street and can be $310 Packet Page. 359 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Purple Backdrop Curtains $42 Radios for H & DH Pools for LG towers $62 Raffle (NYE Party) and Bingo Prizes (senior Programs)$173 Raffle Drum and Teamwork Game $103 Raffle Prizes for Soul Train Dance on 2/24/24.$115 Raffles for the Ollie McDonald Senior Talent Show Case $80 Raffles for Volunteer recognition on 3/23/24 and Bingo gifts fo $100 Raffles Prizes for the Groovy Dance on 6/24 at Fifth Street $114 Refreshments for volunteer event on 2/17/2024 $142 Refreshments purchased for 9/11 Day of Service program at the 5t $61 REFUND $256.97 for Red Cross supplies or ($257) Rental of equipment for miracle event $1,020 Replaced broken coffee maker $161 replacement flagpoles purchased for senior facilities and Horses $372 Replacement lungs for adult cpr manakins $33 Return-Miracle On Court Street-shoe org ($102) Reusable decor and Ollie McDonald supplies $6 SE Corrugated Plastic Signs $50 SE Festival back drop Starry Night $71 SE Festival Glitter Body Art booth $635 SE Festival star wars back drop $127 Senior Center decor (runners, balloons) and supplies (aed signs)$46 Senior center supplies, billiard supplie, and reusable senior ce $712 Senior Movie Day $102 Senior Movie Day - BeeKeeper $40 Senior Movie Day - Color Purple $100 Senior Movie Day (Bob Marley or Madame Webb)$115 Senior Movie Day at Regal Theater $72 Senior movie day at Regal Theater to see equalizer 2 $100 Senior Movie Day Exorcist $30 Senior Movie Day Expandable 4 $90 Senior Movie Day Lisa Frankenstein $75 Senior Movie Day. Senior enjoyed King Kong vs Godzilla at regal $280 Senior movie day. Seniors seen Mission impossible at Regal.$185 Senior movie day. Seniors watched Teenage Mutant Ninja Turtles a $30 Senior Movie Day. Six senior enjoyed the movie challenger at reg $36 Senior Services Bingo Items $65 SeniorMovieDay is 6/11 for 50seniors to attend. Gift card was $400 seniors attended Blue Beetle the movie at the Regal Theater for $50 Seniors enjoyed Boogeyman and two watched Elementals at Regal T $40 Seniors enjoyed Indiana Jones at Regal Theater for the last Seni $390 Seniors enjoyed The Flash and one Lil Mermaid at Regal Theater f $103 Seniors enjoyed Transformers at Regal Theater for one of the man $80 Seniors took an excursion to the Regal Movie Theater on Senior M $210 Serving trays for Symphony events $22 Shared receipt with the amazon purchase on 5/6/24 at $97.63. Ite $323 Shared receipt. items purchased for Prom 5/26, Mothers Day 5/11 $98 Shoe cover for Ice Rink staff Miracle on Court St $11 shoe covers for Ice Rink staff -Miracle on Court St.$11 side walls for ez-up canopies $613 Signs for Aquatics $1,659 Small lunch purchase for Volunteer Meeting of 55 people.$58 Special Event DDLM Inflatables for event $73 Special Event DDLM Ofrenda Items $24 Special Event DDLM Paper Mache Waterproof Glue and pumpkins $79 Special Event DDLM Sealer for Ofrenda $43 Special Event DDLM Supplies $425 Packet Page. 360 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Special Event Decor-Symphony $16 Special Events beverage Dispensers-Symphony $203 Special events DDLM - ofrenda $46 Special Events DDLM Ofrenda Supplies $26 Special events DDLM cocina items $33 Special Events DDLM Decoration, arts supplies for activities, of $360 Special Events DDLM Foam Clay for ofrenda props $32 Special Events DDLM Ofrenda Fruit $4 Special Events DDLM Solar String Lights $53 Special Events DDLM Supplies $712 Special events DDLM supplies and decor $48 Special Events DDLM-ofrenda $20 Special events decorations and supplies for ofrenda $39 Special Events Decor-Balloons , pump and columns $198 Special events ofrenda decor $26 Special Events Ofrenda statues DDLM $24 Special Events Rent a Coops fencing $1,174 Special Events-12 Black round Table Cloths $130 Special Events-24 Round Navy Blue Table Cloths $124 Special Event-Symphony Decor -Parasols $239 Special Event-Symphony Decor Supplies-Parasols $214 sports supplies for the Inland Empire Senior Games pickleball an $271 Staff uniforms for CID Pillar program $1,916 starlight cinema $12 Storage bags for hydration station valves $11 Storage boxes for training equipment $32 Storage Totes for Senior Program $48 summer social event $154 SUPPLIES $184 Supplies (glue guns and scissors) for Wreath making day at both $12 Supplies for Community Center cooking program $16 supplies for disaster training.$69 Supplies for Halloween Dance and Party such as food items and ut $127 Supplies for Just Dance Activity at Perris Hill $6 Supplies for Knock it Off and ForGive Activity $210 Supplies for Lytle Creek CC Cooking in the kitchen program $37 Supplies for Senior Health and Resource Fair on 10/7/23 $38 Supplies for upcoming Events (Kitchen Reopening and Soul Train D $163 surface tablet case $33 surge protectors, wall plug splitter for JL lobby, front counter $48 Swim lessons Equipment, CPR Supplies, Key Tags for Facilities $147 Swimming lessons demo dolls for parent & me swimming lessons $65 Swimming lessons demo dolls for parent and me swimming lessons $130 Swimming lessons equipment for instructors $29 Swimming lessons toys $112 Symphony Centerpiece components and Balloon Garland $76 Symphony Decor $35 Symphony Decorations $702 Symphony Decor-pampas grass and signature frame $62 symphony event supplies and decor $64 Symphony Faux Eucalyptus, Hanging baskets and shepherd hooks $116 Symphony Floral Garlands $137 Symphony Garment Rack, Solar lights, uplighting $436 Symphony Spandex Chair Covers $199 Symphony Supplies-Cocktail table covers $112 Symphony Uplighting $48 Table cloths and party backdrop of upcoming senior events.$309 Packet Page. 361 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Tablecloths and runners purchased are for ongoing programming. C $311 tablet was purchased for senior services programs and activities $29 tarp was purchased to underneath certain decor for the Volunteer $26 Terra Cotta Clay for final MLK Repair $25 test kit reagents for JL $54 Ticket Dispenser and power adapter for events $33 Ticket Purchase for 66ers game CID Pillar Grant program $2,100 Ticket purchase for CID Pillar Program event $300 Verdamont Cooking Program $66 Veterans Day $4 Veterans Day Poppies decor $102 Volunteer refreshment Arbor Day $57 Volunteer snacks Juneteenth Cal State SB $45 Volunteer snacks -Valley College Juneteenth event $30 Water and Ice Miracle Volunteers $21 Water -Arbor Day $21 Water City event $22 Water for Lunar New Year event set up and event day $22 Water for symphony event $37 Water -Ice City event $13 Water Safety Education Supplies $30 wristbands for tracking entry to pools $151 WSC stretched canvas's & JL lobby 4th of July decorations $661 Youth Sports-Certificate Holders for Participants $43 Zip ties for banners $41 Supplies for Halloween events such as batteries and serving bow $34 Lanterns for Christmas Programs decor on Dec 20th and 21st.$33 Light system for city wide events canopies $1,244 Christmas Lights purchased for Decor for both senior facilities.$112 Christmas Decor purchased for Christmas events at both senor fac $120 Senior Movie Day - Argyle $65 First aid/AED signs, Ollie McDonald decor and supplies $242 First aid/AED signs, Ollie McDonald decor and supplies.$52 Reusable decor and Ollie McDonald supplies.$288 5112 - Small Tools And Equipment purchase of supplies for city events $832 5121 - Advertising Advertisement for the Ollie McDonald Senior Talent Show Audition $100 Advertising for the Senior Health and resource Fair on 10/6/23 $75 advertising for the senior health and resource held at the 5th S $202 Facebook Advertising Bump $20 Facebook advertising of the Inland Empire Senior Games. 21k Face $114 Facebook Boast for Senior Programming $5 Flipping book is utilized as an online marketing mechanism for o $88 Marketing for the Ollie McDonald Senior Talent Show Case. Reachi $149 paid subscription to access design program for marketing and adv $180 process fee credit ($1) processing fee $1 social media boost for city event $10 social media boost for event $15 Flipping book is utilized as an online marketing mechanism Next FY $442 5122 - Dues And Subscriptions annual membership for WILS $126 annual subscription for digital brochure $178 AOAP Membership 2024 $45 apple music subscription for use at centers and events $11 Application usage fee $275 Packet Page. 362 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Apps for the marketing purpose for parks and rec.$200 Award submission $100 CPRS Award Submission Fee $170 CPRS Awards Submission Fee $85 CPRS executive summit series $30 Large format printer program subscription $68 MMA Membership- Executive Assistant to the Director $90 monthly music subscription for events $11 monthly subscription charge for use at events and centers $11 monthly subscription to use at centers and events $11 NRPA membership renewal $180 QR code generator program annual fee $84 SCMAF & CPRS DUES for CITY Tournament $140 subscription to play music at centers and events $11 this fee is part of the processing fee for the annual app for th $1 When to Work Add on upgrade to expand the number of staff for t $35 writing tool that helps you check for several types of errors $140 annual subscription for digital brochure Next FY $892 Large format printer program subscription Next FY $752 5132 - Meetings And Conferences 2 night hotel stay for 2024 cprs conference in Palm Springs $918 Airfare for AOAP conference $291 AOAP Conference Fee $534 CA Water Safety 2024 Summit tickets for LG and MS $300 concert share $15 Conference Registration $199 Conference travel $1,199 CPRS Conference 24'$542 CPRS Conference Hotel Stay for 2 FT staff. The other manager has $633 CPRS Senior Synopsis Training $50 Director of Parks & Recreation Conference Hotel $304 Director of Parks & Recreation Conference Hotel Stay $299 Director of Parks & Recreation Conference Registration $484 Director of Parks & Recreation Transportation Charge $44 Food for Million Mourning Women meeting participants $49 Food for staff training $201 LG CPRS Intensive Session Registration Fee-Conference $45 LG Flight to Chicago for PR Conference $327 Lodging for the AOAP conference Feb 11-16 2024 $903 parking fee for disaster expo conference $20 Registration fee for 5 staff for Aquatics & Recreation training $150 Registration for cprs conference for February 27th through March $480 Senior Synopsis Training via CPRS on 10/16/23 $30 The hotel for CPRS conference in Palm Springs $761 Travel for NRPA Conference-Flight Director of Parks & Recreation $852 WILS Leadership Conference (2)$80 WILS Virtual Conference for Community Services Program Coordinator $15 WILS conference ticket for Community Service Program Coordinator $50 5133 - Education And Training Aquatic Rec Aide CPR-AED-FA Certification $152 Aquatic Staff LG Certification $138 Packet Page. 363 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Authorized Provider agreement fee $300 First Aid/CPR Training $76 food for staff CPR training $169 LG certification $84 LG staff certificate $42 Lifeguard Certification $92 NRPA Training registration for director $845 PRCS CPR Certifications $612 PRCS FA & CPR Certificates $108 PRCS Staff CPR Certifications $216 Split Billing to GL: $38 for safety caption training 001-110-???$228 Staff Certifications (Lifeguard Training Instructor, 2 staff)$86 Staff CPR certification $288 Staff first aid & cpr training certification $252 Staff LG Certification $230 Staff LG Certifications $126 Staff LG Inst certification $246 Canva Create Trainings for Community Services Program Coordinator $95 5171 - Rentals Balance of Rental Fee for CID Prom $693 CID Prom Room Rental Deposit $692 Costumes for Miracle on Court St.$50 Jumper rental for City Trick or Treat event $743 miracle on court street $243 Rental for the ollie McDonald Senior Talent showcase at Indian S $254 rental of equipment for city sponsored event (veterans standdown $2,232 replacement charge for rental equipment.$120 Senior Games rental fee for Bowling tournament $500 5172 - Equipment Maintenance Grant Funded Senior Nutrition Program. Repair of commercial oven $275 5174 - Printing Charges Aquatics brochures $564 5175 - Postage FedEx Postage $23 Shipping postage and supply for Movie screen $22 The FedEX for the mailing of registration for CPRS Conference fo $32 5181 - Other Operating Expense Fire Permit for SB Festival $316 Payment for fire permit Lunar New Year Event $59 Payment for Fire Permit SB Arts Fest $59 5502 - Professional Contractual Services DJ For City Tree Lighting Account Code 001-380-0076-0000-5502 $600 Dry Cleaning City events Code 001-380-0073-5502 $432 entertainment for city event GL 001.380.0076.0000.5502 $638 entertainment for miracle 001.380.0076.0000.5502 $850 Entertainment for Miracle on Court St. Deposit. 001-380-0076-00 $213 Event Dry Cleaning Acct# 001-380-0073-0000-5502 $60 5505 - Other Professional Services 5505 Brazilian Dance and drummers for FESTIVAL 2024 $2,912 5505 Caricature Services for FESTIVAL 2024 $991 5505 Henna Art services for Festival 2024 $683 5505 Taiko Drummers for Festival 2024 $1,040 Star Wars characters for the Festival on May 4, 2024. Use Profes $894 Parks & Recreation Total $145,071 Packet Page. 364 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Police 5102 - Computer Equip-Non Capital 001-210-0159*5102 Camera for recruitment $2,934 drone and supplies $2,497 drone and supplies for patrol $742 drone equipment and supplies $281 drone for police dept $521 drone supplies $118 drones for patrol unit $1,070 drones for police dept $1,600 5111 - Material And Supplies 001-210-0159*5111 monitor $331 Admin - Custom Frame (REFUND CHECK ISSUED AND SENT TO FINANCE)$503 Batteries for watch commanders office $98 blinds for traffic dept $280 Camera equipment to be used for recruitment purposes.$74 Community Affairs - Camera Lense & Tripod $427 community affairs recruitment/advertising supplies $4,684 Community affairs supplies $181 Desk converters, sit to stand $669 desk riser for dept use $130 desk risers for dept use $707 EAR PLUGS SAFETY PRODUCTS NEEDED FOR DEPARTMENT RANGE $104 Flash Drives for department use $755 flash drives for dept use $1,295 Flash drives for dept wide use $1,694 Flash drives for dept. use. Order has not been received, lost in $37 floor mat tape needed for defensive tactic training $228 Food for Fireworks Detail/Bomb Squad during explosives incident $290 Forensics - Blood Stain Tests (2)$82 Frames for ceremonies $561 gear bag for dept use $356 Helmet repair for motorcycle officer needed asap.$443 HELMETS NEEDED QUICKLY FOR THE TRAINING AND OPERATION OF OFF ROA $3,181 Lights for traffic dept.$108 materials needed for traffic office $288 Needed for Chief's office card file maintenance $36 Needed for Chief's office card file maintenance.$48 NEEDED HANDCUFF CASES QUICKLY FOR TRAINEES.$375 Noise cancelling headsets for Front Desk employees.$1,750 Office supplies for admin $193 office supplies for dept $197 office supplies for office and vehicle $224 OIL NEEDED QUICKLY TO REPLENISH EQUIPMENT AT DEPARTMENT RANGE $17 Parking permits $67 Patrol - Expo Marker Set (2)$29 Patrol - Whiteboard 24x18 (1)$39 Patrol (Northern District COAST) - 2-month whiteboard $114 Personnel & Training - "CNT" Epaulettes $156 Personnel & Training - (2) Mini Exercise Bikes $175 Personnel & Training - 8 outlet Power Strip $84 Personnel & Training - Office Chair $261 Packet Page. 365 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges POST BACKGROUND TABS $614 poster frames to assist with improving department image $170 privacy screens $71 Privacy screens for crimes against children unit.$53 Pro 550 E-Collar for K9 $435 range supplies $272 range supplies needed for dept use.$127 Recruitment apparel for personnel and training staff $393 REFRESHMENTS FOR CHIEF'S MEETING ON 7/24/23 $38 Refreshments for Citizens Academy.$269 REFRESHMENTS FOR COUNTY CHIEF'S MEETING ON 6/8/23 $78 Refund for missing batteries ($16) Refund from amazon, for staple gun that was no longer needed.($103) Repayment to cancel out inadvertent charge to Chief's City-issue $837 Replacement battery for WC office $8 SBPD Employee Awards & Reception Event on April 25 $399 SBPD Employee Awards & Reception Event on April 25, 2024 $43 Screen wipes for patrol $37 Spray paint for traffic cones $54 Stamp for traffic dept $21 Stamp for traffic division $22 Stand up desk for Detective Bureau personnel.$141 Stand up desk for Investigations employee.$176 standing desk needed for dept personnel $1,507 standing desks needed for dept personnel $229 Stand-up desk for Detective Bureau personnel.$141 Supplies for ICAC Detectives.$409 supplies needed for personnel and training, dry erase board $57 supplies needed for the traffic dept, including privacy screens $164 Tank refill for exothermic torch to be used by SWAT.$56 Target stands needed for range for dept personnel $372 television needed for use at dept hiring and promotional events $196 To be used by personnel and training for training.$78 Traffic - Lens for poster sign stand $43 Traffic - SB Parking Permits $135 Traffic 22x28 Poster Sign Stand $356 traffic dept supplies $28 Traffic polybags for handwritten parking cites (S-1332)$73 Traffic surge protectors, extension and computer mouse $106 Traffic surge protectors, extension, computer mouse $152 Traffic: REFUND due to vendor customization error ($135) Water filter for locker room water fountain.$239 Wrong size-returned ($53) needed for commercial vehicle inspections, to check undercarriage $311 Packet Page. 366 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5112 - Small Tools And Equipment Diagnostic Tool for BMW Motorcycles - Patrol Unit $430 Office supplies needed for the watch commanders office.$380 Personnel & Training - Staple guns and staples $233 Traffic - Motorcycle Windshields (4)$615 5113 - Motor Fuel And Lubricants Fuel for Chief's city issued vehicle $138 Fuel for Chief's city issued vehicle.$1,655 Fuel for Chief's city-issued vehicle.$178 Fuel for Police Chief Vehicle $87 5121 - Advertising Digital media software subscription.$168 Employee recruitment advertising.$784 Instagram verification for employee recruitment advertising.$15 Law Enforcement hiring expo.$525 To be used by PD community affairs for recruitment purposes.$17 To use by community affairs for recruitment purposes.$68 5122 - Dues And Subscriptions Community Affairs - Motion Array prorated charges for subscripti $6 Dues for annual Zoom membership.$162 International Association for Identification membership dues for $495 Monthly pod cast hosting for Police Community Affairs $12 Monthly podcast hosting service.$12 Monthly podcast service subscription.$12 Monthly podcast services.$12 Motion array subscription necessary for dept use $75 Podcast hosting services for the Police Department.$12 Podcast hosting services.$48 Podcast Subscription $12 Police Department podcast hosting services.$24 Motion array subscription necessary for dept use - Next FY $375 5132 - Meetings And Conferences CAPE CONFERENCE FLIGHT $406 CAPE CONFERENCE REGISTRATION $400 Career fair attendance for recruitment purposes.$350 Meals for Sergeants meeting.$260 Refreshments for Sergeants meeting.$207 5133 - Education And Training 2024 LEGISLATIVE UPDATE REGISTRATION $17 9-1-1 GOES TO SACRAMENTO HOTEL $153 9-1-1 GOES TO SACRAMENTO REG $175 9-1-1 GOES TO SACRAMENTO REGISTRATION $125 ARCCOPS LEGISLATIVE DAY FLIGHT TO SACRAMENTO $517 ARCCOPS LEGISLATIVE DAY HOTEL $203 ASSET FORFEITURE HOTEL DEPOSIT $157 ASSET FORFEITURE REGISTRATION $250 BASIC CELLULAR INVESTIGATIONS REGISTRATION $1,000 CAL CHIEFS CONFERENCE HOTEL $1,139 CAL CHIEFS CONFERENCE HOTEL REFUND ($110) CAL CHIEF'S CONFERENCE REGISTRATION $875 CANNABIS AWARENESS CONFERENCE $125 CATO SLP HOTEL $215 CCIAA CONFERENCE HOTEL $898 CCIAA CONFERENCE HOTEL PARKING $60 CCIAA CONFERENCE REGISTRATION $450 CHIA ANNUAL CONFERENCE REGISTRATION $1,900 CIVILIAN MANAGEMENT HOTEL CHARGE $660 Packet Page. 367 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges CIVILIAN MANAGEMENT TUITION $693 E-COLLAR COURSE REGISTRATION $600 EVERYTHING GOOGLE INVST REGISTRATION $1,350 GANG & INTELLIGENCE SYMPOSIUM TUITION $430 GRACIE SURVIVAL TACTICS INSTRUCTOR REGISTRATION $3,000 IACP CONFERENCE - HOTEL $1,586 K9 SUPERVISION TUITION $450 LEAGUE OF CA CITIES CONFERENCE FLIGHT $431 LEAGUE OF CA CITIES CONFERENCE HOTEL FEES $1,171 LEAGUE OF CA CITIES CONFERENCE REGISTRATION $700 LEGISLATIVE MEETING HOTEL 1 NIGHT $363 LEGISLATIVE MEETING HOTEL 2ND NIGHT $231 POLICE OFFICER MEMORIAL HOTEL $217 PUBLIC RECORDS ACT HOTEL $1,039 PUBLIC RECORDS ACT PARKING $59 PUBLIC RECORDS ACT REGISTRATION $550 PUBLIC RECORDS ACT TUITION $550 REALISTIC DE-ESCALATION $300 REALISTIC DE-ESCALATION REFUND ($300) REMINGTON ARMORER REGISTRATION $567 SCAFO ANNUAL CONFERENCE REGISTRATION $375 SOCIAL MEDIA INVESTIGATION REGISTRATION $200 SOCIAL MEDIA SURVEILLANCE REGISTRATION $300 SURVEILLENCE & COVERT OPS $650 5134 - Training Post Reimburseable 32nd ANNUAL CNCA L.E. TRAINING INSTITUTE REGISTRATION $900 3-DAY SURVEILLANCE & COVERT OPS REGISTRATION $325 ACADEMY FEES $10,188 BASIC ACADEMY - ACCT 5134 $80 BASIC ACADEMY FEES $8,509 BASIC ACADEMY TUITION $8,490 BASIC ACADMEY FEES $1,698 BASIC NARCOTIC INVESTIGATION REGISTRATION $1,350 Basic Peer Support tuition $500 Basic Police Academy $1,698 BLOODSTAIN PATTERN ANALYSIS REGISTRATION $996 CAL NENA CONFERENCE HOTEL PARKING CHARGE $86 CALNENA CONFERENCE HOTEL $819 CALNENA CONFERENCE HOTEL $819 CALNENA CONFERENCE REGISTRATION $1,700 CATO - SLP SESSION 3 HOTEL $401 CATO SLP HOTEL $410 COMMAND COLLEGE HOTEL $1,620 COMMAND COLLEGE HOTEL DEPOSIT $749 COMMAND COLLEGE HOTEL STAY $683 CONFLICT MANAGEMENT REGISTRATION $250 CRITICAL INCIDENT LEADERSHIP REGISTRATION $250 Critical Incident Response for Peer Support tuition $375 DE-ESCALATION & ADV DE-ESCALATION $350 DOCUMENTING USE OF FORCE REPORT WRITING TUITION $100 FIELD TRAINING OFFICER UPDATE REGISTRATION $190 FIELD TRAINING OFFICER UPDATE TUITION $190 FORCE ENCOUNTER ANALYSIS REGISTRATION $388 FORCE ENCOUNTER REGISTRATION $388 FORCE ENCOUNTERS REGISTRATION $388 FTO REGISTRATION $550 FTO REGISTRATON $275 Packet Page. 368 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges FTO UPDATE REGISTRATION FEE $379 FTO/SAC MGT - TUITION $908 FTO/SAC MGT - TUITION PROCESSING FEE $24 GST Level 1 Training Tuition $3,000 INTERNAL AFFAIRS INVESTIGATION REGISTRATION $397 INTERNAL AFFAIRS INVESTIGATION TRANSACTION FEE $11 INTERVIEW & INTERROGATION CLASS $575 INTERVIEW & INTERROGATION REGISTRATION $575 INTERVIEW FOR FIRST RESPONDERS REGISTRATION $138 INTERVIEWING FOR FIRST RESPONDERS REGISTRATION $138 Law Enforcement Academy fees.$3,396 LEGISLATIVE DAY REGISTRATION $315 LEGISLATIVE MEETING SACRAMENTO FLIGHT $973 Officer Basic Academy Training $3,396 OFFICER INVOLVED SHOOTING FOR FIELD SUPV REGISTRATION $498 PC290 REGISTRATION $200 POST EXECUTIVE DEVELOPMENT - HOTEL $655 POST EXECUTIVE SEMINAR REGISTRATION FEE $270 SUPERVISORY COURSE REGISTRATION $190 SURVEILLANCE & COVERT OPS REGISTRATION $975 UNDERCOVER OPS FOR WOMEN IN L.E. PRE-PAID HOTEL $855 UNDERCOVER OPS FOR WOMEN IN L.E. REGISTRATION $1,400 USE OF FORCE REPORT WRITING TUITION $690 USE OF FORCE WRITING CLASS - ACCT *5134 $500 USE OF FORCE WRITING CLASS - ACCT 5134 $200 USE OF FORCE WRITING CLASS - ACCT. *5134 $100 WELLNESS COORDINATOR REGISTRATION $750 WOMEN IN LAW ENFORCEMENT HOTEL (ROOM 2)$605 WOMEN IN LAW ENFORCEMENT HOTEL CREDIT ($403) WOMEN LEADERS IN LAW ENFORCEMENT - HOTEL ADJUSTMENT ($0) WOMEN LEADERS IN LAW ENFORCEMENT HOTEL (ROOM 1)$605 WOMEN LEADERS IN LAW ENFORCEMENT HOTEL CHARGE $403 5167 - Software Maintenance Domain Name fees and marketing and data storage costs for joinsb $373 Dropbox annual subscription for Professional Standards.$90 International currency conversion fee for the purchase of Semant $11 Software for K9 team $336 To be used by Det. and SBPD Investigations personnel fo $1,050 Dropbox annual subscription for Professional Standards. Next FY $450 5172 - Equipment Maintenance Helmet refurbishment necessary for department personnel $941 Personnel & Training - Ti Blue Repair (Training Item)$195 5505 - Other Professional Services 001-210-0086*5505 QUANTIFIT CALIBRATION FOR GAS MASK FIT MACHINE $960 Police Total $144,964 Public Works 5111 - Material And Supplies Environmental Programs Coordinator Supplies $439 "Authorized Staff Only" sign purchased to inform the Public of e $20 201 bldg camlock fire protection v's & caps $604 201 bldg fire connection- vandalized $808 201 bldg galvanized parts for parking structure $40 201 parking structure $29 adhesive fasten mounting tape for p & r $33 ART FEST SUPPLIES $109 atomizing line & spray nozzles for animal control kennels $254 bird b gone, fake owls and picture hangers- boys/girls club $347 Packet Page. 369 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Bought a sign label for our storage closet.$26 Bought custom signs to post around the office to guide the Publi $67 Bought this sign to display in multipurpose room as special meet $12 building maintenance rechargeable powered pa speaker + 2 bluetoo $565 ceiling track for curtains for p & R $84 color filter sheets for P & R lights $121 CONCRETE FOR PARK TRASH CANS $759 connections caps for fire dept water hoses $87 council chambers pink table skirt to complete covering the table $65 Credit for Dispute ($1) CREDIT FOR DISPUTED CHARGE ($729) DAY PLANNER FOR Acting Director of Public Works $50 digital alarm clock for boys & girls club for verification of po $33 Do not sit safety signs for council chambers $10 door knobs/shims door for Vanir project- authorized per PC $259 dry eraser set x 2 for marker boards $16 ELECTRICAL RELAY FOR PERRIS HILL PARK $16 Facilities Supervisor - purchase repaid on 01/17/24 $616 fittings, elbows for Jerry Lewis Swim Center repairs $254 Frames, wall mounts, mounting tape, and signs were purchased for $296 Fraudulent Charge- Expecting Credit $10 FRAUDULENT CHARGES AND CREDITS $0 fuse for city yard gate $11 HOSE ASSEMBLY FOR SPRAYER $30 HOSE FITTINGS FOR PARK PUMP $102 hose for restroom at Court Street Square $352 KEROSENE FOR PRESSURE WASHER $924 LANDSCAPE HATS FOR O & M STAFF $224 large magnetic whiteboard for facilities $190 letter L for P & R $5 LETTERING FOR CITY MANAGERS OFFICE DOOR $23 linen tablecloth skirts for council tables $162 MATERIALS FOR COURT STREET PROJECT $156 misters for animal control kennels $72 no trespass signs/private property sings for Carousel Mall fence $139 no trespassing warning signs for norton bldg $10 o rings for perris hill pool $47 patio spray system for animal control and more spray nozzles $267 pink table skirts for breast cancer awareness Council Chambers $163 PIPE ADAPTER FOR PARKS IRRIGATION $955 private property/exit alarm signs for Vanir - authorized by PC $41 pump for ca theater $585 Purchased "Keep Door Closed" sign to remind PW staff to complete $11 Purchased "This door is to remain unlocked during business hours $23 Purchased customized signs to be displayed throughout the hallwa $193 Purchased customized signs to inform members to kindly silence p $49 Purchased signs to be placed outside of each conference rooms to $65 REPLACEMENT OF STOLEN SIGNS $720 REPLACEMENT SIGN FOR STOLEN MEMORIAL IN FRONT OF CITY HALL $113 REPLACEMENT SIGN FOR VETRANS PLAQUE $124 SAND FOR STORM $4,568 Sign was purchased as a reminder to staff to keep door closed at $19 Stair signs will be placed to point customers to the stairwells.$70 sticky pads for reflectors for parking structure $166 SUPPLIES FOR ART FEST $43 These signs are to be placed on doors that needs to be shut and $39 These signs will guide customers to the third floor where the pu $130 Packet Page. 370 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges This "Not an entrance" sign will inform and redirect customers t $12 This "Not an exit" sign will inform and redirect customers to us $7 This break room sign will be placed outside of our breakroom to $27 This is a fraudulent charge. Please DO NOT post to this GL accou $478 This item was refunded to us as it was never received.($48) This sign will be displaced in the hallway to kindly ask those w $22 This sign will be displayed to redirect customers to our permit $20 This sign will be placed in the break room to remind staff to be $21 This sign will be placed in the multipurpose meeting room to rem $48 This sign will be posted by the doors to remind Public Works emp $22 This sign will be posted in the stairways to kindly ask that no $84 timer switches for pd $114 Vanir project supplies- authorized by PC $2,035 video surveillance signs for parking structure $187 wheel for gate to not drag and zip ties- norton gym $143 whiteboard for facilities board room $174 woven screen dividers for norton gym dressing room $130 zebra retractable pens $47 5112 - Small Tools And Equipment aquatics hand dryers for pool area $587 batteries for exit signs $217 battery charger station- facilities $65 battery charges and maintainer, safety stripe floor tape and tv $350 battery powered sprayers for parking structure cleaning $152 bird spikes for boys/girls club $65 bookcases with doors (2)$776 cam lock fitting for 201 bldg fire hydrant that was vandalized $121 commercial hand dryers for city bathrooms $294 digital camera for bldg maint $272 disc cutter circular saw for concrete $261 dvd player for safety meetings and anti slip traction tape $106 exit sign batteries for city bldgs $272 futon for bldg maintenance $207 heavy duty steamer for Council table skirts $141 impact drill and socket set- authorized by PC $87 Muriatic Acid for Jerry Lewis pool- authorized by PC $556 OFFICE CHAIRS FOR MEETING ROOM $1,729 plaster for pools $85 portable blue tooth speaker $978 PORTABLE RESTROOM $1,783 PORTABLE SAFETY LIGHT BAR $98 razor wire for norton bldg $261 REFUND OF ORIGINAL ORDER IN MAY 2023 ONLY RECEIVED PARTIAL ORDER ($88) saw blades for concrete $130 SHIPPING CRATE FOR CED ART WORK $1,503 signs for new interim city manager $40 thermostats for various city bldgs $525 WALL PANEL DISPLAY RACKS $532 wet/dry vacuum for Custodial to use parking structure $151 wireless microphone for mic system $59 DESK AND CABINET FOR Director of Public Works' OFFICE $2,224 Packet Page. 371 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5122 - Dues And Subscriptions bldg maint April 2024 prime monthly subscription $16 bldg maint monthly prime subscription $49 Bldg Maint monthly prime subscription December 2023 $16 bldg maint November 2023 prime monthly membership $16 bldg maint prime membership March 2024 $16 bldg maintenance monthly prime membership for February 2024 $16 facilities monthly prime subscription $16 facilities October 2023 monthly prime membership $16 ISA MEMBERSHIP Arborist $14 January 2024 prime monthly membership- facilities $16 May 2024 prime subscription for bldg maint $16 PESTICIDE APPLICATOR LICENSE FOR Parks & Landscape Maintenance Supervisor $60 ISA MEMBERSHIP Arborist Next FY $71 5132 - Meetings And Conferences 2 nights for K Prescott for hotel reservations $172 Aquatics hotel for pool school $152 aquatics pool school parking 2 days @ 5 a day per email $10 K Prescott Pool School for aquatics $550 Aquatics pool. School lodging $152 5133 - Education And Training ISA FOR Forestry Supervisor $120 Management analyst training $95 Paid for a permit with SB County for plan check fees. Please no $2,761 PESTICIDE APPLICATOR TRAINING CERTIFICATION FOR Parks & Landscape Maintenance Supervisor $279 5171 - Rentals GENERATOR RENTAL FESTIVAL $147 PORTABLE RESTROOM RENTAL FOR CITY MANAGER OFFICE $171 RENTAL OF GENERATORS $604 5172 - Equipment Maintenance breast cancer awareness dry cleaner charge for table skirts- had $52 dry cleaning for council table runners $60 dry cleaning for council table skirts $37 5181 - Other Operating Expense lock boxes for FD to enter various senior centers $1,642 5183 - Management Allowance food extras for City Hall Architecture/Engineering/CM event 5/1/$93 ice for City Hall Architecture/Engineering/CM event $3 pop heaven popcorn machine for safety meetings $406 pw departmental meeting $320 pw meeting $67 PW meeting items $203 water and creamer for City Hall Architecture/Engineering/CM even $16 Public Works Total $42,600 Packet Page. 372 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Public Works (CIP) 5502 - Professional Contractual Services PAY FROM ACCOUNT 001-160-8998*5502 SAN BERNARDINO COUNTY CONSTRU $1,176 Public Works (CIP) Total $1,176 001 - General Total $682,027 101 - City of SB State of the City City Manager 5111 - Material And Supplies 101-100-0001-5111 CM State of the City Supplies $767 5502 - Professional Contractual Services Please code to GL# 101-100-0001*5502 San Bernardino Symphony Orc $1,242 City Manager Total $2,009 101 - City of SB State of the City Total $2,009 117 - Home Improvement Part 14.239 Community Development & Housing 5111 - Material And Supplies City Clothing for employees.$459 DD/Admin-Privacy Screen $163 Community Development & Housing Total $622 117 - Home Improvement Part 14.239 Total $622 119 - Community Development Block Grant Community Development & Housing 5111 - Material And Supplies Billed in error. Refund Pending $0 CDBG employee ergonomic mouse.$42 CDBG employee -Office supply $50 Homeless Services Coordinator Polos & Sweater $178 Housing staff ergonomic desk supplies.$462 Office supplies for CDBG staff.$211 Office supplies for Housing staff.$198 Photos for HOME compliance photos and monitoring.$966 Supplies for conferences, trainings, & affordable project develo $358 Supplies for project development events.$22 Supplies for the quarterly tenant workshop held by the Housing D $46 5122 - Dues And Subscriptions FY23/24 HOME Compliance Certification for Housing Compliance Spe $925 5132 - Meetings And Conferences Cancel room, Dep Dir, National Alliance End Homeless ($291) Cancel room, Homeless Coord, National Alliance End Homeless ($291) CANCELLED, Hotel for National Alliance to End Homelessness confe $291 CANCELLED. Hotel stay for Homeless Coordinator at National Allia $291 Dep. Director Ending Homelessness Conf.$873 FY23/24 Conference & Education session Deputy Director Housing &$515 FY23/24 Conference and Education Deputy Director Housing & Homel $698 FY23/24-National Conf. Ending Homelessness-Lyft travel for Direc $148 Homeless Coordinator Ending Homelessness Conf.$1,164 Housing Manager attend 2024 IE Housing Conference.$125 5133 - Education And Training CDBG Training for Management Analyst $50 National Alliance on Ending Homelessness, Deputy Director, airfa $898 National Conf. on Ending Homelessness, Deputy Director. Airfare.$1,112 5174 - Printing Charges Binding Material-Action Plan Printing $66 Comb bind Machine-Action Plan Publication $237 Homeless Services Program Form.$69 Community Development & Housing Total $9,415 119 - Community Development Block Grant Total $9,415 Packet Page. 373 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 123 - Federal Grant Programs Animal Services 5111 - Material And Supplies Best Friends Grant - foster kitten supplies $142 Carriers for cat fosters & adoptions $1,829 Costumes and supplies for adoption event $297 Costumes and toys for public adoption event $63 Costumes for animals at the shelter - use for adoption events $73 Formula and nursing nipples for underage kittens and puppies $608 Formula for neonatal kittens $677 Please use the Best Friends Grant to cover this purchase - these $886 Program Code should be 8823 - not available from pull down list.$206 Program code should be 8823 - supplies for surgeries $84 Program Code should be 8936 - not available from pull down list $114 Program Code should be 8936, not available from drop down menu. $901 Program Code should be 8936, not available from Drop Down. Suppl $383 Program Code should be 8936. Craft Supplies and decorations for $75 Program Code should be 8936. Supplies needed for Valentine's Ado $96 Program should be 8823 - Best Friends Grant. Not an option on th $76 Program should be 8823-not available from drop down list. Suppli $135 Program should be 8936 - Foil Steam Pans and food trays for cats $1,176 Program should be 8936. Rice and tube socks needed for heating p $135 Program should be 8936. Supplies needed for crafts and decoratio $56 Shirts for animals for adoption events $89 Supplies for neonatal kittens and puppies $185 Supplies for public adoption event $138 Supplies for underage foster kittens and puppies $916 Warming Discs for underage kittens $246 Animal Services Total $9,588 Library 5111 - Material And Supplies Book materials for lessons $957 Crochet hooks for Makerspace $46 ESL Materials for learners $913 Family Literacy Program 8808 $143 Family Literacy Program Supplies $65 Materials for ESL classes and learners. Part of a larger order $775 Materials for literacy tutors to use for ESL $96 School supplies for outreach $1,841 School supplies for outreach - Invoice shows two charges based o $544 Three iPad cases for iPads already bought and used in Literacy C $242 5112 - Small Tools And Equipment Literacy Department Material $58 5132 - Meetings And Conferences 123-470-0520-5132 CASA Training for Tammi Devine: Travel Authori $695 CASAS Summer Institute Conference Fee for Alysha Cisneros $695 CASAS Summer Institute conference Fee for Daniela DeLeon $695 Conference - Dinner Expense $87 Conference - Hotel Receipt $446 Conference - Lunch Expense $26 5181 - Other Operating Expense ESL Newspaper $411 Library Total $8,734 Parks & Recreation 5111 - Material And Supplies 123-380-8961-5111 Back 2 Nature Camp supplies $500 123-380-8961-5111 Outdoor Equity Grant Excusion-1/2 Payment $9,409 Packet Page. 374 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Back 2 Nature *8961 purchase of supplies for youth camp trip $306 Back 2 Nature 123-380-8961-5111 purchase equipment for camp trip $982 Back 2 Nature 123-380-8961-5111 purchase of equipment for camp t $725 Back 2 Nature Grant *123-380-8961-8111 purchase of snacks for ca $296 Back 2 Nature Grant 123-380-8961-5111 purchase of supplies for f $216 Back 2 Nature Grant purchase equipment/suppli $446 Back 2 Nature supplies for camping $22 Back to Nature camping equipment #123-380-8961-5111 $987 Back2 Nature Camps Supplies -Grant 123-380-8961-5111 $203 Back2Nature Camp Supplies #123-380-8931-0000-5111 $269 Backup Propane Tanks for the Portable Grills for the Older Calif $272 Camera for Back to Nature Camping Trip 123-380-8969-5111 $629 CAMP SUPPLIES BACK 2 NATURE GRANT #123-380-8961-5111 $1,923 Decor for Volunteer Recognition on 3/23/24 $11 decor items for the Volunteer recognition 3/23/24 $8 FOOD ITEMS FOR BACK TO NATURE WINTER CAMP $46 Gas for Propane Tanks for Portable Grills for Nutrition Program $82 Gas tanks in support of the portable generators (5).$326 Items to bbq the food for Volunteer recognition on 3/23/24 $7 purchase of food for Back 2 Nature family trip. GL 123-380-0000-$247 purchase of supplies and equipment for GRANT OEP Back 2 Nature.$713 purchase of supplies/equipment for GRANT OEP Back 2 Nature. GL A $1,119 purchase of supplies/equipment for GRANT-OEP Back 2 Nature. GL C $661 purchase supplies/equipment for GRANT OEP-Back 2 Nature. GL ACCO $1,049 Supplies for Back to Nature Grant Program $3,700 Supplies for Back to Nature Pgm $1,070 T-Shirt Purchase for 66ers event for CID Pillar Grant Program $641 5181 - Other Operating Expense Back 2 Nature (grant) parking for transportation (bus 1) Gl 123-$36 Back 2 Nature (Grant) parking for transportation (bus 2) family $36 5505 - Other Professional Services Outdoor Equity Grant-Back 2 Nature reservation for family camp..$908 Parks & Recreation Total $27,847 Police 5111 - Material And Supplies Charge for offroad vehicle grant $1,626 5133 - Education And Training 123-210-8999*5133 - PEER SUPPORT REGISTRATION $2,093 Police Total $3,719 123 - Federal Grant Programs Total $49,888 124 - Animal Control Animal Services 5111 - Material And Supplies Boxes to store surgical supplies on spay/neuter unit $28 Cat carriers for adopted cats $1,258 Catch poles and snake tongs, gloves - animal control $935 Chair and table for nursing mothers area $274 Chicken scratch $21 Controlled substance log $16 Conversion fee for supplies purchased for the Veterinary Mobile $1 Dispute Filed - Fraudulent charge ($1,087) Dispute filed with WF-Fraudulent charge $1,087 Dog safety station supplies $782 Flea Treatment for impounded animals $185 Foamers to clean dog kennels $712 Food for exotic animals at the shelter $17 Food for pigs and chickens at the shelter $140 Packet Page. 375 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Food trays and litter pans $1,006 Formula for foster kittens $305 Formula for newborn piglets at the shelter $50 Fruit and vegetables for 5 pigs at the shelter $43 Grooming supplies for pets at the shelter $344 Hose couplers to attach hose to cleaning tools $43 Litter pans and trays for cats $1,772 Litter pans, food and water trays for cats $1,903 Materials to hold kennel cards $49 Nets for Animal Control Officers $333 Partial refund from purchase ($97) Pig Boards for dog safety stations $206 Pig food & plastic water bowls for roosters $100 Pig food and chicken scratch for animals at the shelter.$59 Pig food hay and straw for animal at the shelter $70 Pig formula and 3 bottles for newborn piglets $233 Private area to be utilized for staff that are pumping breast mi $263 Puppy formula for foster program $248 Red buckets for dog safety stations $65 Replacement coverage for Spay/Neuter supplies $9 Supplies and food for reptiles and tarantulas impounded at the s $264 Supplies for dog safety stations $310 Supplies for spay/neuter services $10 Supplies for Spay/Neuter Surgeries $1,069 Supplies for Spay/Neuter Surgery $731 Supplies for surgery.$267 Supplies for the dog's Thanksgiving Meals $437 Surgery supplies for mobile unit $43 tarps for animal control- ok's per from Animal Control $108 Timecard holder and phone case for staff $109 Veterinary drug handbook, trays for animal medications, net for $209 Veterinary supplies for surgeries $1,093 Wall mount for glove boxes $52 5122 - Dues And Subscriptions Access to Canine Behavioral Questionnaire platform.$10 Paid back amount due for water at the shelter $491 Registration Fee for Radiologic (x-ray) machine with the State $512 Scheduling program renewal fee $192 Service fees charged for Radiation Machine Registration with the $15 Volgistics volunteer management software subscription $492 Water subscription for staff Jan- Mar 2024 $568 5132 - Meetings And Conferences Airfare for HSUS Conference $614 Bill for hotel room at HSUS Conference - San Antonio Texas $941 HSUS Annual Conference in San Antonio, Texas $350 5133 - Education And Training Conference for Jasmine and Arianna on supporting pets of unhouse $161 Food for staff and volunteers for on-site all- day training - fo $1,097 Overnight Parking at the Hotel for CEO Conference $80 PC 832 Training - Animal Control Officer $318 5172 - Equipment Maintenance Repair of oxygen concentrator for spay/neuter surgeries $366 5175 - Postage Postage/shipping for donated sterilization machine $81 Shipping charges for cardboard cat boxes $162 Animal Services Total $22,527 124 - Animal Control Total $22,527 Packet Page. 376 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 126 - Gas Tax Fund Public Works 5111 - Material And Supplies ALUMINUM REPALCEMENT SIGNS $233 ALUMINUM REPLACEMENT SIGNS $398 ART SUPPLIES FOR CITY MURALS $1,687 ART SUPPLIES FOR COMMUNITY PROJECT $1,002 ASPHALT REMOVER FOR HOT PATCH TRUCK $2,848 ASPHALT REMOVER FOR STRRET CREW $736 BASES FOR SIGNAL CABINETS $2,202 BRICKS FOR COURT STREET $109 COURT STREET ART SUPPLIES $913 COURT STREET PLANTS $1,228 CUSTOM STENCIL FOR PARKING STALLS CITY HALL PARKING STRUCTURE $165 CUTTING BLADES FOR SIGN PLOTTER $52 KEROSENE FOR PRESSURE WASHERS $2,057 MATERIALS FOR COURT STREET PROJECT $1,465 MURAL ART PAINT SUPPLIES $1,372 MURAL PAINT SUPPLIES $2,202 PAINT FOR MURALS $1,321 PAINT MATCH FOR THE LIBRARY $406 PAINT SUPPLIES FOR CITY MURALS $1,274 PLANTS FOR COURT STREET $1,877 PRIVATE PROPERTY SIGNS $2,102 REFUND OF ORDER NUMBER 113-1647746-3234626 NEVER RECEIVED ($33) REPLACEMENT BELTS VACUUM CLEANER $7 REPLACEMENT SIGN FOR BLAIR PARK $120 RETURN OF PURCHASE FOR CREDIT $80 RETURN OF SANDER ($417) SAFETY GLASSES $86 SAND FOR STORM $822 SANDING BELTS AND DISKS FOR COURT STREET $101 SOLVENT SPRAY BOTTLES $120 STAIN FOR COURT STREET BENCHES $227 STREET LIGHT BASE ADAPTOR $33 SUN HATS FOR CREWS $162 TWO ICE CHEST FOR O&M DIVISION $163 5122 - Dues And Subscriptions IMSA RENEWAL Street Signal Supervisor $40 IMSA RENEWAL Traffic Signal Tech II $40 ISA MEMBERSHIP Arborist $17 ISA MEMBERSIP DUES Forestry Supervisor $280 Street Signal Supervisor AND Traffic Signal Tech II IMSA MEMBERSHIP $200 ISA MEMBERSHIP Arborist Next FY $83 5133 - Education And Training CPR TRAINING FOR CITY STAFF $907 FORESTRY WEBINAR Forestry Supervisor $209 IMSA CERTIFICATION FOR Street Signal Supervisor AND Traffic Signal Tech II $790 ISA FOR Senior Arborist $233 ISA TESTING FOR Arborist $295 5167 - Software Maintenance ADOBE PRO RENWAL- REQUESTED REFUND $20 REFUND FOR ADOBE THAT WAS MISCHARGED ($20) 5171 - Rentals CREDIT FOR DEPOSIT ON INVOICE 114-13659490 ($171) Public Works Total $30,041 126 - Gas Tax Fund Total $30,041 Packet Page. 377 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 130 - State And Other Grant Programs Library 5111 - Material And Supplies Lunch at the library event 130-470-9044*5111 $1,929 Lunch at the library event 130-470-9044-5111 $3,092 Lunch at the Library Program 130-470-9044*5111 $1,800 Library Total $6,821 Parks & Recreation 5111 - Material And Supplies 130-380-8961-5111 Creative corps Grant Supplies Paint markers $216 130-380-9015-5111 Tickets for SD Zoo Trip Event $2,000 8961-5111 Creative Corps art supplies $129 8961-5111 Drop cloth for Creative Corps art project $188 8961-5111 Supplies for Creative Corps Grant $66 CID Grant Sensory Trailer materials $730 CID Grant Special Needs Programming Materials $342 CID Sensory Station materials $56 CID sensory trailer supplies $589 CID Social Recreation Grant Sensory Trailer materials $144 Community Center redirection cart supplies $4,607 Grant Funded Program: CID Pillar Program (130-380-9015-5111) Eve $1,742 Sensory cart supplies for community centers $2,897 Sensory room supply at CID $306 Sensory support supplies for CID $71 Sensory Trailer supplies $385 5502 - Professional Contractual Services rental of platform for FESTIVAL event. two transactions GL 130.3 $495 rental of platform for FESTIVAL event. two transactions. GL 130.$555 Parks & Recreation Total $15,518 130 - State And Other Grant Programs Total $22,339 141 - Local Grants Parks & Recreation 5111 - Material And Supplies 141-380-9048-5111 3pk Artist Premium Paper $47 141-380-9048-5111 CAPS program craft supplies $330 141-380-9048-5111 CAPS program supplies $50 141-380-9048-5111 Color by number paint and construction paper $108 141-380-9048-5111 Color By Number Paint Markers for Activities $52 141-380-9048-5111 First aid kits for activity sites $95 141-380-9048-5111 puzzle piece craft activity $104 141-380-9048-5111 Puzzle Piece craft supplies $52 141-380-9048-5111 Supplies for afterschool program $1,312 141-380-9048-5111 Supplies for programming $146 141-380-9048-5111 Supplies for roll with it art activity $104 9048-5111 Supplies for roll with it art activity $98 Bill to GL: 141-380-9048-5111 Books for Aquatic reading program $51 Bill to GL: 141-380-9078-5111 Books for aquatics water safety re $36 Billed to GL: 141-380-9048-5111 Books for aquatic reading progra $320 Billed to GL: 141-380-9048-5111 Books for aquatics reading progr $188 SPECIAL NOTE: Charge t the following GL: 141-380-9048-5111 Books $55 Parks & Recreation Total $3,148 Public Works (CIP) 5504 - Construction Paid plan check permit to San Bernardino County. PLEASE DO NOT U $1,213 Public Works (CIP) Total $1,213 141 - Local Grants Total $4,361 247 - Cultural Development Construction Packet Page. 378 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges Parks & Recreation 5111 - Material And Supplies DDLM Bubble Wrap for Ofrenda Item Storage $50 DDLM Ofrenda Frames $85 DDLM Refund for Returned Tablecloth ($13) DDLM Replacement Retractable Belts for stanchions $180 DDLM Return, L Brackets ($22) DDLM Rug For Rainbow Bridge Ofrenda $30 DDLM Sting Lights and Star Lights $94 Di de los Muertos- Photo Backdrop $84 Dia de los Muertos-More Marigold Garlands $149 Dia de los Muertos - Paper Lanterns $138 Dia de los Muertos - umbrella lighting and cocina $78 Dia de los Muertos Candle Holders $40 Dia de los Muertos Circle Rug for Carousel Horse $40 Dia de los Muertos craft and decor supplies $441 Dia de los Muertos Craft supplies $75 Dia de los Muertos- Craft supplies $151 Dia de los Muertos Curtains and ofrenda supplies $130 Dia de los Muertos Event Supplies $574 Dia de los Muertos Flameless Candles $76 Dia de los Muertos Ofrenda and event supplies $78 Dia de los Muertos Ofrenda Calaveras and plants $228 Dia de los Muertos Papel Picado Banners $270 Dia de los Muertos Rainbow Bridge $114 Dia de los Muertos Supplies-Umbrella Cover, incense, etc $254 Dia de los Muertos-Marigold Garlands $272 Return-DDLM Fabric Weights ($25) Return-DDLM-Tension Rods for Stage Decor ($96) 5174 - Printing Charges charge from WIRZ for printed materials for Veterans Standdown ev $1,106 Parks & Recreation Total $4,582 247 - Cultural Development Construction Total $4,582 527 - Integrated Waste Management Public Works 5132 - Meetings And Conferences Booked room at Westgate Hotel in Las Vegas for Solid Waste Field Inspector, S $431 Environmental Programs Coordinator training $1,200 Registration for Solid Waste Field Inspector, to $881 Public Works Total $2,512 527 - Integrated Waste Management Total $2,512 629 - Liability Insurance Fund Human Resources & Risk Management 5111 - Material And Supplies IN/OUT BOARD FOR HR DEPT $15 SUPPLY CLOSET ORGANIZATION ITEMS $16 5122 - Dues And Subscriptions ANNUAL UPDATE SERVICE FOR MANDATED LABOR LAW POSTERS $1,293 5132 - Meetings And Conferences CALPELRA REGISTRATION FOR Director of HR $1,140 CPOA OFFICER INVOLVED SHOOTER COURSE $226 CPOA OFFICER INVOLVED SHOOTER COURSE FOR HR DIR $226 DEPOSIT FOR HOTEL ACCOMODATIONS FOR CALPELRA CONF - Director of HR $606 HR TEAM LUNCH $68 Old Town Bakery 01.29.24 HR Meeting $64 Panera - 01.30.24 HR Interviews - Lost Receipt $39 PARMA 2024 Annual Conf - Feb 20-23, 2024 - Deputy Director of HR $360 Packet Page. 379 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges PARMA 2024 Annual Conf - Feb 20-23, 2024 - Director of HR $360 Public Employment Relations Board Academy Webinar for Deputy Director of HR $475 Public Employment Relations Board Academy Webinar for Director of HR $475 Public Employment Relations Board Academy Webinar for HR Analyst Trainee $475 Public Employment Relations Board Academy Webinar for Supervising HR Analyst $475 ROUNDTRIP FLIGHT TO SJC FOR CALPELRA CONFERENCE FOR AR $289 5133 - Education And Training Inland Empire Human Resources Conference Event Registration - Co $30 Training Templates for Citywide Workplace Violence Prevention Pl $1,500 5175 - Postage Courier service required for signed delivery of records $176 Signed delivery of paperwork on 05/09/24 $176 Human Resources & Risk Management Total $8,483 629 - Liability Insurance Fund Total $8,483 635 - Fleet Services Fund Public Works 5111 - Material And Supplies arrow key tags for new fuel keys $39 drain hose kits $330 federal signal amber light heads for pd vehicles $710 metal lid for rv roof vent- pd $24 roof vent lid for pd rapid deployment trailer $41 rubber wheel assemblies for hand truck wheels $217 RV Roof vent lid Cover for PD $37 tow hitch for pd truck- ball mount & trailer locks $163 5112 - Small Tools And Equipment coffee maker for meetings $315 file belt sander for cutting and grinding $306 heat warmer for fleet yards $40 key rack for fleet office $141 key ring holder for fleet office $141 OBD Adapter for fleet $65 ratchet locking spring unit # 445 $11 safety meeting $165 tv for fleet safety meetings $1,091 tv mount for fleet safety meeting tv $134 5122 - Dues And Subscriptions April 2024 fleet prime monthly subscription $16 fleet February prime membership monthly fee $16 Fleet monthly prime subscription $65 Fleet monthly subscription prime December 2023 $16 fleet November 2023 monthly subscription $16 fleet October 2023 monthly prime membership fee $16 fleet prime March membership $16 Fleet's prime membership for May 2024 $16 January 2024 fleet monthly prime membership $16 Public Works Total $4,169 635 - Fleet Services Fund Total $4,169 678 - Workers Compensation Human Resources & Risk Management 5111 - Material And Supplies IN/OUT BOARD FOR HR DEPT $15 SNACKS FOR WC TRAINING HELD ON 12/12 & 12/13/2023 $82 SUPPLY CLOSET ORGANIZATION ITEMS $16 5122 - Dues And Subscriptions ANNUAL UPDATE SERVICE FOR MANDATED LABOR LAW POSTERS $1,293 5132 - Meetings And Conferences Packet Page. 380 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges CALPELRA REGISTRATION FOR Senior HR Analyst $1,140 CALPERS FORUM REGISTRATION FOR Deputy CM Internal Services $250 CALPERS FORUM REGISTRATION FOR Deputy Director of HR $250 CALPERS FORUM REGISTRATION FOR HR Analyst II $250 HR TEAM LUNCH $68 PARMA 2024 Annual Conf - Feb 20-23, 2024 - Deputy Director of HR $360 ROUNDTRIP FLIGHT TO SJC FOR CALPELRA CONFERENCE FOR DR $289 DEPOSIT FOR HOTEL ACCOMODATIONS FOR CALPELRA CONF $606 Human Resources & Risk Management Total $4,617 678 - Workers Compensation Total $4,617 679 - Information Technology Information Technology 5111 - Material And Supplies Access Card Reder Refund due to delivery issue ($172) Access Control Reader for Facilities Gate $172 Air Purifiers for office $83 Cable management hooks for network equipment.$38 Coffee maker for employee breakroom.$101 Controller for projector $49 Headsets for the Call Center.$691 HEPA filter for office.$32 Monetary conversion fee for Photo Software purchased from UK for $3 Monthly IT Meeting $21 Nozzle for faucet for the breakroom sink.$21 Phone case for employee cell phone.$48 Phone protector case for city issued cell phone for employee.$72 Photo Vibrance Software for Parks & Recreation.$294 Quadient - Dec 5, 2023 Ink Supply for NBHD SVC Postage Machine $306 Refund of phone protector case wrong item ordered.($28) Return shipment.$14 Returned Dell monitors shipping cost.$8 SUPPLIES FOR DIRECTOR $22 SUPPLIES FOR DIRECTOR'S DRY ERASE BOARD $61 Telephone charges for inventory.$119 Warranty Return Receipt.$14 5112 - Small Tools And Equipment Crimper and plugs for network.$95 DRY ERASE BOARD FOR DIRECTOR'S OFFICE $388 Privacy screen for HR.$62 5122 - Dues And Subscriptions Calendar Software used for website $300 Subscription for enterprise encryption password management syste $855 Teamup Calendar International charges for the $300 yearly suppor $3 5132 - Meetings And Conferences Laserfiche Empowerment conference for Senior IT Analyst $684 Water for ERP Meeting.$27 Conference for Director of IT Next FY $85 Conference for IT Manager, GIS Administrator & Deputy Director of IT.Next FY $255 5133 - Education And Training Airfare for IT Analyst I for Tyler Connect conference.$606 Commvault training for IT Analyst I $70 Commvault training for IT Analyst II $70 Enterprise Network Training for Senior Network Administrator $1,000 PROGRAM TRAINING FOR VB,NET.$1,495 Registration fee for IT Analyst I for Tyler product training confere $1,199 Training Course for Network for Network Systems Administrator $995 Training for GIS Administrator.$1,785 Packet Page. 381 City of San Bernardino Purchasing Card Charges by Department FY2023-2024 Expenditures Fund / Department / Account / Description P-Card Charges 5167 - Software Maintenance Additional Dropbox license for Abraham Rico in HR.$249 Additional Dropbox license for HR $148 Automated email system for CM office.$199 Constant Contact for CM Office mass email $199 Constant Contact is a program for mass mail communication reques $336 Constant Contact monthly invoice used by City Managers Office $199 Dropbox Accounts for Carbajal_Va@sbcity.org Chavez_Jackie@sbcit $1,393 Electronic Business Card to share contact information.$22 Email automated system.$199 Email automation service for City Manager office.$199 For City Manager office for email automation.$138 For City Manager office to automate and manage email.$119 For city manager's office to automate and manage email.$199 For CMs office to automate email $199 Password Security Software Licenses for IT $39 Renewal for mobile.sbcity.org SSL $600 Renewal of the sbcitywater.org domain.$70 sbcity.net domain. We own sbcity.org, but need sbcity.net to re $40 Software requested by the City Manager's office to automate and $199 Software to allow FTP transactions on the new website in a secur $216 Software to secure the website file transfers.$1,995 5175 - Postage Priority Overnight for Dex Imaging.$68 5183 - Management Allowance Bagels and tea for monthly IT staff meeting.$56 BAGELS AND TEA FOR STAFF MONTHLY MEETING.$52 End of month Team Meeting $50 Food expense for monthly IT meeting $50 food for department monthly meeting $51 Food for department monthly meeting.$50 Food for monthly department meeting.$49 Food for monthly management meeting.$50 IT Meeting $51 Monthly IT Meeting $50 Purchase for IT monthly meeting.$47 Purchase for monthly IT meeting.$50 Information Technology Total $19,566 679 - Information Technology Total $19,566 Grand Total $867,158 Packet Page. 382 2 4 5 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Department:Public Works Subject:Amendment No. 1 to Q3 Consulting Professional Services Agreement in the amount of $48,548 to expand the scope and add an alternative along North Little League Drive, Belmont Avenue, and W. Meyers Road in the Focused Drainage Study of Meyers Creek Drainage System, for a total contract not-to-exceed $315,319 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement with Q3 Consulting in the amount of $48,548.00, for a total contract not-to-exceed amount of $315,319.00 to prepare for Focused Drainage Study for Meyers Creek Drainage System; and 2. Authorize the Director of Finance and Management Services to adopt Resolution 2025-027 to amend the FY 2024/25 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek Drainage System; and 3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment. Executive Summary The City of San Bernardino seeks approval of Amendment No. 1 to the Professional Services Agreement with Q3 Consulting, adding $48,548.00 to the existing contract for a revised total of $315,319.00. This amendment expands the study's scope to include a Packet Page. 383 2 4 5 7 master-planned storm drain alternative along North Little League Drive, Belmont Avenue, and W. Meyers Road, addressing newly identified needs for improved stormwater management. The expanded scope encompasses additional hydrology, hydraulics, and preliminary design tasks to ensure a comprehensive solution aligned with city goals. Funding for this amendment will be reallocated from the Storm Drain Upgrade project, with no impact on the General Fund. Background The City of San Bernardino needs a qualified stormwater engineering consultant to perform a drainage assessment of the Meyers Canyon Drainage System and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configuration to be characterized based on type (channel or box culvert), size, regulatory permitting scope, construction cost and land acquisition. The drainage area is classified as E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area, including tracts 16502, 16533, 17329, 17367, 20150, and 20539. The focused drainage study will provide hydrology and hydraulic model for the area consistent with the San Bernardino County Flood Control District (FCD) standards, with the goal of identifying a cost-effective and implementable drainage system for the study area. On January 18, 2023, the Mayor and City Council awarded a Professional Services Agreement to Q3 Consulting for a focused drainage study of the Meyers Creek Drainage System. This agreement authorized Q3 Consulting to assess the current drainage conditions and identify potential improvements to better manage stormwater in the area. The findings from this study are critical to the City’s ongoing efforts to enhance flood control and infrastructure in the Meyers Creek watershed. The proposed amendment to the Professional Services Agreement will allow Q3 Consulting to expand the scope of their work to address additional needs identified during the study, ensuring that the final recommendations reflect the most current and comprehensive understanding of the drainage system. Discussion Following the Mayor and City Council approval of a Professional Services Agreement with Q3 Consulting, the firm began their study. They have completed the evaluation of the interim detention basins, the two-dimensional rain-on-grid hydraulic analysis, and the sediment transport analysis. The existing scope of work focuses on channel improvement alternatives. However, the results have led to the identification of an additional alternative, which consists of a master-planned storm drain facility along North Little League Drive, Belmont Ave, and W Meyers Road. The storm drain alternative could be more cost- economical, may limit sedimentation from Tract No. 17329, and may reduce or eliminate the need for right-of-way take and regulatory permitting. Packet Page. 384 2 4 5 7 Amendment No. 1 to the Agreement with Q3 Consulting adds new tasks to incorporate the supplemental master-planned storm drain alternative along North Little League Drive, Belmont Ave W, and W Meyers Rd. This updated scope includes hydrologic and hydraulic analyses for the new storm drain design. Q3 will calculate the hydrology based on existing City reports for nearby tracts and will assess both 10-year and 100-year storm events. They will also perform hydraulic computations to size catch basins and channels that can handle the overland flows identified in previous analyses, ensuring the system is properly designed to manage stormwater. Additionally, Q3 will prepare a conceptual storm drain plan and profile at a 40-foot scale, which will include the main storm drain line and lateral lines along W Meyers Rd and W Belmont Ave. This will also include locations for the rectangular channel inlets. As part of this process, Q3 will provide a preliminary cost estimate based on current unit costs and bids from similar projects. The updated Preliminary Design Report (PDR) will reflect the new storm drain alternative, ensuring that all details are included for future planning. This amendment is necessary to incorporate the newly identified master-planned storm drain alternative into the ongoing drainage study. Additional hydrology, hydraulics, and preliminary design tasks are essential to fully evaluate and develop this alternative, ensuring that it aligns with the city's drainage improvement goals. Extending the term of the agreement to February 28, 2026, is required to provide sufficient time for Q3 Consulting to complete these expanded tasks, including the necessary analyses, design work, and cost estimates. The extension will allow for thorough evaluation and ensure that all technical aspects of the new alternative are fully addressed before moving forward with implementation. As Q3 Consulting approach the final stages of their current tasks, they have achieved approximately 80% completion. Pending approval for additional work, Q3’s projected timeline is outlined as follows: The environmental assessment is expected to conclude by mid- to late March, followed by its integration and the completion of the draft report by the end of April. The City's review of the draft report is scheduled for completion by the end of May, with subsequent updates and finalization of the report anticipated by the end of June. We plan to present our findings to the City Council in August. The original purchase order for Q3 Consulting was $266,771.00. Amendment No. 1 added $48,548.00, bringing the new not-to-exceed amount to $315,319.00. To date, Q3 Consulting has submitted invoices totaling $174,943.43 for completed work, leaving a remaining balance of $91,827.57 on the original purchase order. This remaining amount reflects the funds still available under the original agreement, while the total project cost has increased due to the amendment. Please see charts reflecting changes below: Packet Page. 385 2 4 5 7 The existing budget for Q3 Consulting's work is $266,771.00. However, with the approval of Amendment No. 1, the total project need has increased to $315,319.00. This results in an additional funding requirement of $48,548.00, needed to meet the total project cost. Please see chart reflecting new budget below: To address this shortfall, Staff recommends appropriating funding from the existing Storm Drain Upgrade project to fund the proposed Amendment No. 1. The Storm Drain Upgrade project is typically used to complete similar projects and has an existing balance of approximately $1,853,580.84. Creating a separate capital improvement project will facilitate project management and administrative processes. This action will not impact any other ongoing storm drain projects. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1e: “Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this drainage study will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing drainage system. Fiscal Impact There is no General Fund impact associated with this action. The estimated amended drainage study project costs are $48,548.00 and will be budgeted from the Storm Drain Construction Fund. Proposed Budget Storm Drain Upgrade $1,853,580.84 Meyers Creek Drainage Study Amendment No. 1 $48,548.00 Total Remaining $1,805,032.84 Cost Purchase Order $266,771.00 Q3 Consulting Invoice Expenses ($174,943.43) Remaining PO Amount $91,827.57 Previous Purchase Orders & Amendments Purchase Order $266,771.00 Amendment No.1 $48,548.00 New Not-To-Exceed Amount $315,319.00 Budget Original Project Budget $266,771.00 Total Project Need $315,319.00 Additional Funding Required ($48,548.00) Packet Page. 386 2 4 5 7 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Professional Services Agreement with Q3 Consulting in the amount of $48,548.00, for a total contract not-to-exceed amount of $315,319.00 to prepare for Focused Drainage Study for Meyers Creek Drainage System; and 2. Authorize the Director of Finance and Management Services to adopt Resolution 2025-027 to amend the FY 2024/25 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek Drainage System; and 3. Authorize the City Manager, or designee, to sign and execute all documents necessary for the Amendment. Attachments Attachment 1 Resolution 2025-027 Attachment 2 Amendment No.1 Attachment 3 Agreement with Q3 Consulting Attachment 4 Location Map Ward Fifth Ward Synopsis of Previous Council Actions January 18, 2023 Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System Packet Page. 387 Resolution No. 2025-027 Resolution No. 2025-027 February 5, 2024 Page 1 of 3 6 2 5 2 RESOLUTION NO. 2025-027 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 FY 2024/25 CAPITAL IMPROVEMENT PLAN BY RE-ALLOCATING $48,548.00 FROM THE STORM DRAIN UPGRADE PROJECT TO THE FOCUSED DRAINAGE STUDY FOR MEYERS CREEK DRAINAGE SYSTEM. WHEREAS, the City of San Bernardino (“City”) has identified the need for a focused drainage study for the Meyers Canyon Drainage System to enhance flood control and infrastructure within the study area (the “Project”); and WHEREAS, on January 18, 2023, the Mayor and City Council awarded a Professional Services Agreement to Q3 Consulting to conduct an initial focused drainage study of the Meyers Canyon Drainage System; and WHEREAS, during the study, additional tasks were identified as essential to ensuring the development of a comprehensive and effective drainage solution, including detailed hydrology and hydraulic modeling, sedimentation and scour analysis, and evaluation of detention basins and right-of-way needs; and WHEREAS, Q3 Consulting has demonstrated the expertise necessary to expand the scope of the Project to include these additional analyses and evaluations; and WHEREAS, the findings from this expanded scope of work will ensure that the City’s recommendations address both immediate and long-term drainage issues in the Meyers Creek watershed. 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 Capital Improvement Plan by re-allocating $48,548.00 from the Storm Drain Upgrade project to the Focused Drainage Study for Meyers Creek Drainage System. SECTION 3.The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Page. 388 Resolution No. 2025-027 Resolution No. 2025-027 February 5, 2024 Page 2 of 3 6 2 5 2 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 389 Resolution No. 2025-027 Resolution No. 2025-027 February 5, 2024 Page 3 of 3 6 2 5 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. 2025-027, adopted at a regular meeting held on the 5th day of February 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Genoveva Rocha, CMC, City Clerk Packet Page. 390 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Q3 CONSULTING This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of February 5, 2025, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Q3 Consulting (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A.WHEREAS, the City and Consultant have entered into an agreement dated January 18, 2023, for the purpose of providing and performing drainage assessments of the Meyers Canyon Drainage System and generating conceptual alignments for improvements to Meyers Canyon (the “Master Agreement”); B.WHEREAS the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, add additional services to the Master Agreement, and increase the not-to-exceed amount of the Master Agreement NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1.Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2.Term. The term of the Master Agreement shall be extended through February 28, 2026, unless earlier terminated. 3.Additional Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. The additional services shall be charged at the rates more particularly described in Exhibit “B”, attached hereto and incorporated herein by this reference. 4.Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement is hereby amended to read as follows: “In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Hundred Fifteen Thousand Three Hundred Nineteen Dollars ($315,319.00). 5.Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity Packet Page. 391 and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 6.Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 7.Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 392 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH Q3 CONSULTING IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO CONSULTANT APPROVED BY:Q3 CONSULTING Signature Name Rochelle Clayton Acting City Manager ATTESTED BY: TitleGenoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney Packet Page. 393 Focused Study for Meyers Creek Drainage – COP1 December 9, 2024 “Exhibit A” Additional Scope of Services December 9, 2024 The Client and Q3 Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as follows: Task 2.4 – Supplemental Hydrology and Hydraulics Q3 will prepare hydrologic computations for the supplemental master-planned storm drain alternative within the limits of work. This assumes that the hydrology from Tracts No. 17239 and 20150 are per plans and reports provided by the City. Hydrologic computations will be consistent with the County’s Hydrology Manual and will be performed for both the 10- and 100-year events. Q3 will prepare a hydrology map for the supplemental master-planned storm drain alternative. Q3 will prepare hydraulic computations using WSPG for the supplemental master-planned storm drain alternative. Q3 will size the conceptual collector catch basins channel to capture overland flows determined from the two-dimensional hydraulic model. Task 4.5 – Supplemental Preliminary Design Report Q3 will a conceptual 40’ scale storm drain plan and profile for the supplemental master-planned storm drain alternative, including for the backbone line and the laterals along W Meyers Rd and W Belmont Ave. The planview will include the location of the rectangular channel inlets with railing. Q3 will prepare a preliminary engineer’s estimate of probable costs based on unit costs provided by the City and the latest construction bids for similar projects to be provided by the County’s FCD. Q3 will update the PDR with the supplemental master-planned storm drain alternative. Exclusions: 1. All third party fees 2. Any other work task not specifically set forth in the above Scope of Services. Reimbursables: Q3 Consulting will bill reproduction services and other related expenses, at cost, during this phase of the project. This includes all reprographics and photocopying for studies and plan preparation, plan review and agency submittals, meetings, mileage, and other expenses. Scope of Services Page | A-1 Packet Page. 394 Focused Study for Meyers Creek Drainage – COP1 December 9, 2024 “Exhibit B” Compensation for Additional Scope of Services December 9, 2024 Consultant agrees to perform the Scope of Services as described in Exhibit “A”. Fee and Payment Conditions in the Original Agreement remain as-is for such services as identified in the fee breakdown on the next page, and summarized as follows: Task 2.4 Supplemental Hydrology and Hydraulics Task 4.5 Supplemental Preliminary Design Report TOTAL ADDITIONAL SCOPE OF WORK $23,418 $25,130 $48,548 Original Agreement Amount Adjustment to Agreement Amount due to this Additional Scope of Services Current Agreement Amount $266,771 $48,548 $315,319 NOTES: Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Reliance on Documents or Reports Prepared by Others – In performing our services herein, it is anticipated that Q3 Consulting will receive information prepared or compiled by others; therefore, Q3 Consulting makes no claims as to the accuracy and/or completeness of information relied without independent evaluation or verification. Compensation Page | B-1 Packet Page. 395 Focused Study for Meyers Creek Drainage – COP1 December 9, 2024 Compensation Page | B-1 Packet Page. 396 December 9, 2024 City of San Bernardino Public Works Engineering Division 201 North “E” Street San Bernardino, CA 92401 Attn: Mr. Eddie Mendez Subject: Focused Study for Meyers Creek Drainage System, San Bernardino, California Change Order Proposal No. 1 for Q3 Project #40.111 Dear Mr. Mendez: Q3 Consulting (Q3) appreciates the opportunity to provide this change order proposal for additional civil engineering services to support the City of San Bernardino (City) with the completion of the focused drainage study. Q3 received a Notice to Proceed on August 14, 2023 for the project. Q3 has completed the evaluation of the interim detention basins, the two-dimensional rain-on-grid hydraulic analysis, and the sediment transport analysis. The existing scope of work focuses on channel improvement alternatives. However, the results have led to the identification of an additional alternative, which consists of a master-planned storm drain facility along North Little League Drive, Belmont Ave W, and W Meyers Rd. The storm drain alternative could be more cost-economical, may limit sedimentation from Tract No. 17329, and may reduce or eliminate the need for right-of-way take and regulatory permitting. Detailed below you will find the additional Scope of Services and Compensation, attached as Exhibits “A” and “B.” These exhibits define our efforts and the budget amounts for the tasks to be completed. We appreciate the opportunity to submit this proposal and look forward to working with you to provide professional services on this project. Should you have any questions, please do not hesitate to contact me by phone at 949-259-6441 or by email at rcandaele@q3consulting.net. Respectfully, Remi Candaele, PE Director Attachments: Exhibit A – Scope of Services Exhibit B – Compensation Q3CONSULTING.NET Packet Page. 397 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Q3 CONSULTING This Agreement is made and entered into as of January 18, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Q3 Consulting with its principal place of business at 200 S. Main Street, Suite 300, Corona, CA 92882 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A.City is a public agency of the State of California and is in need of professional services for the following project: Focused Study For Meyers Creek Drainage Study (hereinafter referred to as “the Project”). B.Consultant is duly licensed and has the necessary qualifications to provide such services. C.The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1.Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2.Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3.Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4.Compensation. 1 Packet Page. 398 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B a.Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $266,771.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a.Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6.Term. The term of this Agreement shall be from January 18, 2023 to June 28, 2024, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 7.Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b.Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8.Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the 2 Packet Page. 399 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B City to proceed. Consultant shall complete the services required hereunder within Term. 9.Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b.Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c.Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10.Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b.If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11.Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 3 Packet Page. 400 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B 12.Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13.City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14.Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15.Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16.Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a.Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b.Commercial General Liability (i)The Consultant shall take out and maintain, during the 4 Packet Page. 401 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii)Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii)Commercial General Liability Insurance must include coverage for the following: (1) (2) (3) (4) (5) (6) Bodily Injury and Property Damage Personal Injury/Advertising Injury Premises/Operations Liability Products/Completed Operations Liability Aggregate Limits that Apply per Project Explosion, Collapse and Underground (UCX) exclusion deleted (7) (8) (9) Contractual Liability with respect to this Contract Broad Form Property Damage Independent Consultants Coverage (iv)The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v)The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi)The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c.Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. 5 Packet Page. 402 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B (ii)Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii)The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv)Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d.Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii)To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e.Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f.Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. 6 Packet Page. 403 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B g.Minimum Policy Limits Required (i)The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability Automobile Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 aggregate per occurrence and (ii)Defense costs shall be payable in addition to the limits. Requirements of specific coverage or limits contained in this(iii) section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h.Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i.Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 7 Packet Page. 404 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii)The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii)The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv)All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v)The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j.Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1)Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k.Additional Insurance Provisions 8 Packet Page. 405 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B (i)The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii)If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii)The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv)Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l.Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17.Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. 9 Packet Page. 406 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B b.If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18.California Labor Code Requirements.Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19.Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20.Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 10 Packet Page. 407 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B 21.Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b.Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22.Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23.Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24.Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25.Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26.Documents.Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 11 Packet Page. 408 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27.Organization. Consultant shall assign Remi Candaele as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28.Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29.Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY:CONSULTANT: City of San Bernardino Q3 Consulting Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager 200 S. Main Street, Suite 300 Corona, CA 92882 With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 30.Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31.Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32.Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 12 Packet Page. 409 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B 33.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34.Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35.Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36.Time of Essence. Time is of the essence for each and every provision of this Agreement. 37.Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38.Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39.City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40.Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 13 Packet Page. 410 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B 41.Counterparts.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42.Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43.Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] 14 Packet Page. 411 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Q3 CONSULTING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO CONSULTANT APPROVED BY: SignatureCharles E. McNeely Interim City Manager John Mccarthy NameATTESTED BY: Vice President TitleGenoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney 15 Packet Page. 412 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Packet Page. 413 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Cover Letter October 18, 2022 City of San Bernardino 201 North “E” street Attn: Alex Qishta, Deputy Director Public Works/City Engineer San Bernardino, CA 92401 Subject:PROPOSAL FOR FOCUSED STUDY FOR MEYERS CREEK DRAINAGE SYSTEM Dear Mr. Qishta and Members of the Selection Committee: Q3 Consulting (Q3)/Proactive Engineering Consultants (PEC) is pleased to submit this proposal to provide engineering services to the City of San Bernardino (hereafter collectively referred to as “City”). We have reviewed the Request for Proposals for the Focused Drainage Study for Meyers Creek Drainage System and understand the elements involved in the solicitation. Q3/PEC is a State certified small business that focuses on providing comprehensive services for municipal drainage and storm drain projects. We currently do not have a business license for San Bernardino and understand that there will be a flat rate business with fee if we are chosen for the project. Q3/PEC has teamed with ECORP (CEQA/NEPA/Regulatory Permits) to provide the City the most qualified team to complete the focused drainage study. Our team is recognized throughout Southern California as drainage planning, analysis, and design leaders, providing high quality, cost effective, and time sensitive solutions for public agencies. A key feature of our proposed organization is to designate a local Project Manager, Remi Candaele, PE, MS, QSD, QISP. Remi brings a unique understanding of storm water infrastructure projects for public agencies in Southern California. He is nationally recognized, published in many stormwater journals, and has been awarded by ASCE and the Los Angeles Section for both his expertise and leadership 3 years in a row. A few recent completions for Remi include the Baseline Road Storm Drain Project in Rialto, CA and the Storm Drain Master Plan System T-2 and Street Improvements in Fontana, CA. Our mutual success will also rely on the expertise of Tom Ryan, P.E. with watershed-wide drainage studies, the experience of John McCarthy, P.E., C.F.M. with master planned drainage facilities, and other in-house professionals showcased in this proposal that add to our team’s experience. Our team has a history of working together to complete these types of projects. We have successfully delivered in the preparation of drainage studies, and preliminary and final design plans for multiple public agencies, including for San Bernardino County Flood Control District, Caltrans, U.S. Army Corps of Engineers and the Cities of Redlands, Yucaipa, Chino, Chino Hills, Fontana, and Grand Terrace. These relationships will assist the City in developing cost-effective solutions for Meyers Creek. We are ready to start work immediately! We appreciate the opportunity to submit our proposal and look forward to discussing how we can assist the City with the focused drainage study. This proposal is signed by an Officer with authority to bind the company. This proposal shall remain valid for 9 months from the date of the proposal. If you have any questions or require further information, please contact me at (951) 280-3300 or via email at rcandaele@q3consulting.net. Respectfully submitted, Remi Candaele, PE, MS, QSD, QISP Senior Project Manager John McCarthy, PE, CFM Principal-in-Charge Authorized Officer, Vice President Q3 Consulting/PROACTIVE P a g e | iPacket Page. 414 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System This page intentionally left blank. Q3 Consulting/PROACTIVE P a g e | iiPacket Page. 415 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Table of Contents Cover Letter ......................................................................................................................................................................... i Identification of Proposer...................................................................................................................................................1 Staffing Resources...............................................................................................................................................................2 Project Understanding and Work Plan ...............................................................................................................................7 Anticipated Data Needs ....................................................................................................................................................11 Anticipated Schedule ........................................................................................................................................................12 Experience and Technical Competence............................................................................................................................13 Schedule of Charges..........................................................................................................................................................20 Q3 Consulting/PROACTIVE P a g e | iiiPacket Page. 416 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Identification of Proposer Q3 Consulting (Q3) was started as a dba of Proactive Engineering Consultants Inc. (PEC) in 2018. Q3/PEC is a S Corporation. Q3 is an award-winning specialized stormwater management firm with an extensive background in the planning, analysis, and design of comprehensive stormwater management solutions for public works projects. The founders of Q3 each have over 25 years of experience in the stormwater field including an extensive background in hydrology, hydraulics, water quality, and the design for stormwater facilities throughout Southern California. PEC was founded in 2006 and has a staff of 80 engineers, surveyors, utility coordinators, professionals, and administrative personnel (including Q3 staff). Q3/PEC is a California Certified Small Business (DGS #2009320) City of Corona - #03925346. Lead Office and Project Manager Remi Candaele, PE, MS, QSD, QISP Email: rcandaele@q3consulting.net Phone: 951.280.3300 200 S. Main Street, Suite 300 Corona, CA 92882 Q3 provides a full range of stormwater services related to the planning and design of channels, culverts, storm drains, diversions structures, basins, levees, and regional multi-benefit stormwater infrastructure, water quality planning, watershed-wide restoration plans, grant applications, cost estimating and benefit-cost analysis, PS&E preparation, and floodplain mapping. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management. . . . Regional/Local Hydrology . . . 1- & 2-Dimensional Hydraulic Modeling Cost Estimates Stakeholder Coordination (SBCFCD, Caltrans, adjacent Cities, etc.) Erosion and Sediment Control Plans Stormwater Quality / BMPs CFD Budgets Wet and Dry Utility Planning/Relocations Utility Surveys Topographic Surveys Street and Utility Improvement Plans Municipal Storm Drain and Flood Control Channel Design Preliminary Site Constraints Freeway Task Mitigation Analysis Studies Grading Plans and related Studies Right-of-Way Engineering . . . . . . . . . . . . . . . . 3D Laser Scanning Aerial / Photogrammetric Surveys ALTA / ACSM Land Title Surveys Dry Utility Coordination Construction Management And more… Although our staff has extensive experience working on small to large scale projects, we have adopted a small business client focused philosophy. It is this philosophy that established our mission to be “A Different Kind of Company” providing high quality service to a small group of clients. Our goal is to have long-term relationships with our clients to provide value-driven results. Q3 has joined forces with ECORP Consulting, Inc. (ECORP) to bring a team of highly experienced professionals in CEQA/NEPA and regulatory permitting. ECORP is based in Redlands and brings over two decades of joint experience with Q3 working together on flood control channel and municipal storm drain improvement projects. ECORP is a California “S” Corporation, also certified as a California Small Business-Public Works (SB-PW), which specializes in assisting government agencies and private clients with a wide range of environmental services including technical expertise in land use planning; biological, cultural, and water resources; and regulatory compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), Clean Water Act, federal and state Endangered Species Acts, National Historic Preservation Act (NHPA), and other laws and regulations. ECORP has well- established working relationships with the resources agencies, including the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the U.S. Fish and Wildlife Service (USFWS). Q3 Consulting/PROACTIVE P a g e | 1Packet Page. 417 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Staffing Resources Project Team Organization Chart Q3 recognizes that the successful delivery of high-quality technical studies and improvement plans start with assigning a Project Manager and Discipline Leads that possesses superior technical, management, and leadership skills. Q3’s key staff and team of subconsultants possess these characteristics and provide the City with the specialized expertise to develop comprehensive technical drainage studies, preliminary design alignment that minimizes utility relocation and right-of-way acquisition. The following is a summary of the qualifications of our Key Staff Members and proposed subconsultants. Resumes for key staff members are also included. Q3 Consulting/PROACTIVE P a g e | 2Packet Page. 418 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Key Staff Resumes Project Manager Remi Candaele, MS, PE, QSD/P, QISP will serve as your Program Manager. As Program Manager, he will be the main point of contact and will direct the personnel and resources necessary to successfully complete the assigned projects. Remi Candaele brings over 16 years of versatile background in planning, design, and construction support of Public Works and Institutional projects with an emphasis on storm water improvements. He has extensive experience in water management, street improvements, bike trails, water quality compliance, and master planning of utilities. Candaele has also prepared numerous publications and conference proceedings covering a wide range from new methods in water resources and the implementation of water strategic plans. He understands the importance of proactive communication with both internal and external stakeholders. Remi’s skillset and contributions to the industry have been recognized by numerous awards, notably with the 2016 Young Engineer in the Private Sector of the Western U.S., and the 2021 Carl Blum Award by the Los Angeles Section of the American Society of Civil Engineers. RELEVANT PROJECT EXPERIENCE Pine Avenue Extension and Chino Creek - Chino, CA - Drainage Manager for the PS&E for the 1.4-mile extension of Pine Avenue from State Route 71 easterly to El Prado Road as an urban four-lane arterial street and widening of the existing Pine Avenue to a 4-lane arterial street from El Prado Road to Euclid Avenue (SR-83). Includes design and construction of 3-span 500LF bridge structure over Chino Creek. MPD System T-2 Storm Drain and Street Improvements - Fontana, CA - Senior Project Manager in charge of the preparation of construction documents for 2.5 miles of storm drain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies. Baseline Rd Line C Improvements and Cactus Basin – Rialto, CA - Senior Project Manager in charge of the preparation of construction documents for the Master-Planned Baseline Road storm drain project. The nine- foot by seven-foot-box facility starts at Tamarind Avenue and drain east to outlet in Cactus Basin #3. The size of the drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. A detailed Composite Utility Plan created based on record drawings gathered from wet and dry utility companies. 3rd Street Bridge and Flood Control Improvements – San Bernardino International Airport Authority, CA - Senior Engineer. Worked with the San Bernardino International Airport Authority (SBIAA), Inland Valley Development Agency (IVDA) and the City of San Bernardino to come up with a modified street frontage design and also provided the design of two vehicular bridges to cross over the 3rd street channel which will ultimately provide direct access to the property and avoided negative impacts to the existing San Bernardino County Flood Control City Creek Channel. Sediment Transport Study for the Santa Ana River, Reach 3, California – Riverside County Flood Control District, CA Project Engineer responsible for the development of a HEC-6T sediment transport model predicting the aggradation/degradation of a 7.4-mile reach of the Santa Ana River. The calibrated model was used to develop recommendations for repair, modification, and/or reconstruction of levee improvements including groins. Development included the assessment of historical topography/morphology, sensitivity analyzes, n-value, time step, rating curve, sediment inflow) to model observed variations in bed profile, inclusion of bridges, and scour analyses. Q3 Consulting/PROACTIVE P a g e | 3Packet Page. 419 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Principal-in-Charge John McCarthy, PE, CFM brings over three decades of experience on hydrology, hydraulics, and scour for transportation and flood control projects. He is highly skilled at managing complex drainage and flood engineering projects. Over the past 30 years, he has been involved with numerous flood control and trail engineering projects along the Santa Ana River and other regional flood control facilities in Orange County including work with the Orange County Public Works and the U.S. Army Corps of Engineers. He has extensive experience working on hydraulic and scour analyses for bridge design projects. RELEVANT PROJECT EXPERIENCE Hydromodification Mapping and Documentation for Santa Ana River Watersheds, San Bernardino County, CA. Mr. McCarthy was the Project Manager of the team provided engineering services to the San Bernardino County Flood Control District to prepare a comprehensive mapping and analysis of stormwater conveyance facilities within the Santa Ana River Watershed area in San Bernardino County. Work included developing a rapid assessment methodology and applying it to non-hardened streams and channels to identify those susceptible to adverse impacts from hydromodification of the watersheds. Chino Preserve Storm Drain Master Plan Update, Chino, CA. City of Chino. Project Manager for the preparation of hydrology and hydraulic studies to update the City’s storm drain master plan. Prepared new hydrology based on the city’ current land use plan, identified deficient storm drain systems and developed alternatives and recommendations for the updated master plan. Work included preliminary design plans for Line I, a proposed double 8’ x 8’ RCB, that extends for 2.5 miles along Euclid Drive (State Hwy 83). State Route 91 Eastbound Widening Project, Orange County, CA. Orange County Transportation Authority. Hydraulic Engineer. As part of the WKE team for the SR-91 Eastbound Widening provided river hydraulics and scour analysis to support the design of the bridge widening over the Santa Ana River. Completed a Final Hydraulics Report for the bridge crossing and processed the necessary encroachment permit with OCPW, license agreement with the OCWD, and the 408 permit with the USACE. Storm Water Master Plan, Rancho Palos Verdes, CA. Principal-in-Charge. The Rancho Palos Verdes Master Plan included the development of a GIS database for the storm drain inventory including a Facility Mapping Tool which was utilized to gather field data and keep the City informed of the field work schedule and findings. Data gathering for the project included filling in missing as-built data such as inverts and facility naming. The hydrology and hydraulics modeling were completed utilizing GIS, XPSWMM, and XPWSPGW. This master plan includes the integration of storm water quality retrofit opportunities. The Master Plan will ultimately provide the City with a comprehensive “living” storm water master plan. The master plan also includes a project prioritization scheme and a Capital Improvement Plan. Prado Dam Outlet Works Project, Riverside County, CA. U.S. Army Corps of Engineers. Responsible for the final engineering plans, specifications and estimates for raising the dam embankment and construction of a new outlet works associated with the Prado Dam Improvements for the Los Angeles District, Army Corps of Engineers. The project included the development of plans for a stilling basin, energy dissipater, and installation of a gauging station and electronic flow meters to monitor flow rates in the outlet channel. Santa Ana River Parkway-Trail and Bikeway Project, Orange County CA. Orange County Public Works. Project Manager. Development of alignments and preliminary plans for the extension of the trails along the Santa Ana River from Gypsum Canyon Road to Green River Golf Course. Q3 Consulting/PROACTIVE P a g e | 4Packet Page. 420 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Deputy Project Manager & Conceptual Study Task Lead Tom Ryan, MS, PE has over 24 years of experience in the design and analysis of flood control and drainage systems. Tom is an expert at watershed modeling and has been on the forefront of advanced modeling including the use of combined one- and two- dimensional analysis for complex drainage and diversion systems. He has completed improvement plans and technical studies for numerous channels, storm drains, and diversion structures for agencies including the San Bernardino County Flood Control District, USACE, and Riverside County Flood Control and Water Conservation District. Tom’s work in advanced hydraulic modeling and public awareness has included first-of-its-kind simulations that resulted in award winning projects and numerous national and local presentations and publications RELEVANT PROJECT EXPERIENCE City of Redlands Storm Drain Master Plan, Redlands, CA. As Project Manager, managed team that performed an investigation of the City of Redland’s drainage infrastructure to identify the existing system’s capacity and recommend improved facility sizing for the Master Plan of Drainage. Each system was prioritized. Regional and local solutions were evaluated to identify the most cost-effective solutions. As part of the facility analyses, a comprehensive urbanized area hydraulic model was prepared in XPSWMM using a fully dynamic, linked 1-D/2-D model. The project included updating the City’s Storm Drain GIS database to include linked As-Built plans to their respective drainage systems. A City specific “Green Initiatives” identified potential locations for water quality BMP implementation. Locations were identified based on location, expected tributary pollutant loadings, and downstream impaired water bodies. The final report prepared included a full cost estimate that ranked each system into recommended construction priorities. Laguna Woods Village Surface Drainage Improvements Design, Laguna Woods, CA. Project Manager for project that included improving surface drainage features of an area known for flooding. Improvements included channel widening, addition of a large culvert crossing, implementing graded berms, and adding retaining walls and residential flood gates to control surface flooding. The design and impacts of the proposed improvements were evaluated using XP’s version of the Storm Water Management Model (XPSWMM). A coupled 1-D and 2-D model was prepared to evaluate and design the proposed surface improvements and identify their potential hydraulic impacts on the existing subsurface drainage system. The resulting surface drainage improvements saved the client more than $3.5M in previously proposed infrastructure costs. City of Yucaipa Ultimate Culvert Crossing Designs, Yucaipa, CA. Project Engineer for the design of two ultimate (100-year) culvert crossings and associated local storm drain improvements. The project included culvert design, roadway drainage design, which included multiple inlets and pipe storm drain facilities and roadway design. Responsibilities included hydraulic analysis, plan preparation and oversight, utility agency coordination, pressure (water) line relocation, cost estimations, specification writing, and roadway design and realignment. Additional responsibilities included coordination and completion of Caltrans Local Assistance forms required for this federally funded project. City of La Quinta Focused Drainage Study, La Quinta, California. Project manager for a multi-company effort to evaluate the City’s current drainage infrastructure and identify solutions to reduce current flooding issues. Recent large storm events caused extensive flood damage to certain parts of the City. Due to the topographic and climatic characteristics of the City, an advanced hydrologic and hydraulic modeling approach was used to develop potential design alternatives to alleviate the flooding issues. The project included using an alternative hydrology approach (distributed rainfall method, or DRM) in conjunction with a fully 2-dimensional (2-D) surface model of a major portion of the City. The existing and proposed storm drain facilities were linked to the 2-D model to create a single comprehensive, fully dynamic 1D/2D hydrologic/hydraulic model for various storm events. The models were validated against actual storm flood photos prior to implementing proposed drainage solutions. Mr. Ryan was instrumental in selecting the methodology, performing the calculations, validating the results, and delivering the results to the City. This level of detail for an urban area flood analysis is a first of its kind in the Coachella Valley. This project is still ongoing and will also include presentations to the City Council. Q3 Consulting/PROACTIVE P a g e | 5Packet Page. 421 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Primary Staff Table The Q3/PEC Team primary staff is highlighted in the table below. Detailed resumes for key staff identified on the organization chart are provided following the table. NAME/ROLE/EXPERIENCE LICENSES/EDUCATION RELEVANT PROJECT EXPERIENCE Q3 CONSULTING / PROACTIVE ENGINEERING CONSULTANTS Zach Snyder, PE Hydrology, Hydraulics 7-Years Civil Engineer, CA #87537    La Quinta Focused Drainage Study Redlands Regional Drainage Focus Study Northeastern Sphere Annexation, San Bernardino Whitewater River Channel/Drop Structures Morongo Creek Channel & Diversion Structure B.S., Civil Engineering, California State Polytechnic University, Pomona – 2014   Howard J. Barndt, MS, PE Hydrology/Hydraulics Civil Engineer, CA #65914 B.S., California State University, Long Beach, Civil Eng. – 1999 M.S., California State University, Long Beach, Civil Eng. – 2004 Master Plan of Drainage Update, Wilson and Wildwood Creeks, Yucaipa Drainage Master Plan for North, South, and West Santa Ana River Tributary Areas, Anaheim 20-Years Encinitas Stormwater Master Plan Candace Tong, PE Preliminary Design and Costs 7-Years Civil Engineer, CA #90444     Chino Preserve Drainage Master Plan Fontana Focused Drainage Master Plan Whitewater River Improvement Plans Arroyo Simi Grade Control Structure Design B.S., Civil Engineering, University of California, Irvine – 2014 Amy Derrett, EIT Hydrology, Hydraulics 8-Years B.S., Civil & Environmental Engineering, University of California, Los Angeles – 2012 The Farm Redevelopment Hydrology & Drainage Facility Design Chino Storm Drain Line G Pine Avenue Widening Holy Sepulcher Cemetery Hydrology & Drainage    Jeff Langdon, PE Preliminary Channel Design 35-Years Civil Engineer, CA #42429 Pine Ave Widening & Regional Drainage Facilities Chino Line I Dbl. 8’x8’ RCB Design Borrego Wash Channel and Diversion Agua Chinon, Bee Canyon and Serrano Creek Hydraulics and Design B.S., Civil Engineering, University of Nebraska, Lincoln – 1984    Justin Ware, PLS Right-of-Way Documents 18-Years Professional Land Surveyor, CA #9242 Operating Engineers Local 12 Certified Party Chief - 2012     Metro Orange Line Extension Orange County Sanitation District Plants 1 & 2 Pomona College Land Surveys Pine Avenue Widening Bob Gregory BS in Civil Engineering from the University of Missouri – Rolla (Formerly Missouri School of Mines)    Kaiser Permanente Upgrades Travertine Flood Hazard Mitigation Plan Grand Terrace Focused Area Master Plan UpdateDry Utilities ECORP CONSULTING Scott Taylor Certified CRAM, Wetland Training Institute   On-Call Biological and Ecological Services Contract First Line of Defense (FLOD) Project, San Bernardino County CEQA Documentation and Regulatory Permitting for the Sunburst Avenue Class Protocols and requirements for the USFWS, USACE, CDFW, RWQCB and Bureau of Land Management. Regulatory Permitting 30-Years Practitioner: Riverine Module  BA Biology, Point Loman Nazarene University ECORP CONSULTING Jesus “Freddie” Olmos CEQA Evaluation 34-Years Environmental Analysis; CEQA; NEPA, University of California, Los Angeles   Riverside County Flood Control and Water Conservation District CEQA IS/MND and Regulatory Permitting for the Mountain View Acres Storm Drain Project, San Bernardino County – County of San Bernardino/Flood Control District Department of Public Works BA, Environmental Analysis & Design Urban & Regional Planning, University of California, Irvine Q3 Consulting/PROACTIVE P a g e | 6Packet Page. 422 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Project Understanding and Work Plan Project Understanding The City of San Bernardino needs a qualified stormwater engineering firm to perform a detailed assessment of the Meyers Canyon drainage system and generate conceptual alignments for improvements to Meyers Canyon. The evaluation will generate a matrix of channel configurations to be characterized based on type (channel or box culvert), size, materials, regulatory permitting scope and duration, construction cost, land acquisition, hydraulic efficiency, and modifications to existing crossings. The drainage area is classified as online E-11 of the County’s Comprehensive Storm Drain Plan (CSDP) No. 7. Six tracts have recently been developed within the drainage area, including Tracts 16502, 16533, 17329, 17367, 20150, and 20539. The Meyers Canyon drainage system crosses successively W Meyers Road and Belmont Avenue W before its confluence with the unimproved Cable Creek. Downstream of the existing confluence, Cable Creek has been improved to an engineered channel with a soft bottom to minimize costs, environmental mitigation, and other conveyance considerations. The focused hydrology study of Meyers Creek will extend from its headwaters to its point of confluence with Cable Creek. Our team conducted a site visit on November 9, 2022 to evaluate the source of mud and debris flows that discharged onto North Little League Drive after the November 7-8 storm event. Two initial observations were made: 1. The current course of Meyers Creek could have been altered from its historical path or could differ from the anticipated course in the vicinity of parcels 026106101 and 034811112. Q3 will perform a thorough evaluation of the upstream drainage course to identify whether improvements are necessary upstream of Meyers Road crossing. Sedimentation and scour will also be evaluated to ensure that the channelization of Meyers Creek would not negatively impact Cable Creek. 2. Sediment laden flows breached the existing settling basin along North Little League Drive. Q3 will perform a cursory review of the two existing basins, including a quantification of upstream debris flows and consistency of the current design with industry standards. Q3 will also provide recommendations for conceptual repairs. The alternative alignment evaluation will focus on the reach from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek. Q3 Consulting proposes to develop both a hydrology model and a hydraulic model for the focused reach consistent with the San Bernardino County Flood Control District (FCD) standards, with the goal of identifying a cost-effective and implementable drainage system for the study area. Work Plan Task 1 – Baseline Collection and Review Q3 will coordinate with the City and County FCD to research, collect, and review existing background data. Data collection includes existing City GIS drainage and watershed maps, as-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek), as-builts for the existing creek crossings (W Meyers Road, Belmont Avenue W, N Little League Road), FEMA Flood Insurance Study data, available topography (LiDAR data), previous project reports, and existing Q3 Consulting/PROACTIVE P a g e | 7Packet Page. 423 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System and proposed development hydrology/hydraulic/sediment yield studies for Tracts 16502, 16533, 17329, 17367, 20150, and 20539, existing hydrology study for Cable Creek. Specific attention will be given to the debris basin upstream of Tract No. 17367. Q3 has determined that the 2018 LiDAR high resolution topo is available for the drainage area. Q3 assumes that no additional topographic data will be necessary for the focused drainage study. The creek alignment will be based on the GIS database of the County’s Assessor Office. Q3 will perform a site visit to review the existing condition, including a field investigation of the drainage conduits or culvert crossings, signs of erodibility, existing utilities and infrastructure, review of new storm drain infrastructure by new tracts, and identify conceptual alignments that may minimize impacts. The site visit will be extended to the vicinity of parcels 026106101 and 034811112, as well as the upstream reaches of Meyers Creek, where deemed accessible by the City. Q3 will evaluate the expected drainage course, as well as notable changes, of Meyers Creek at critical locations. We understand that the City may be able to supply recent drone aerials and survey for the area of interest. This data will be used to set up the hydrology and hydraulic models. Task 2 – Focus Area Hydrology & Hydraulics During the proposal process, Q3 has estimated the total drainage area to exceed 910 acres or 1.4 square miles. The County’s Hydrology Manual recommends that the rational method be used for determining time of concentrations in watersheds larger than 1 square mile. The time of concentration will then be used in the preparation of the Single Area Unit Hydrograph (SAUH). Task 2.1 Hydrology Q3 will delineate the entire drainage area tributary to Meyers Canyon based on the 2018 LiDAR topo using GIS delineation tools. Q3 will utilize existing rational method hydrology to develop subwatershed hydrographs at main line concentration points within the study areas. Using the rational method time-of-concentrations and loss rate data, Q3 will prepare models using hydrologic computational softwares approved by the County’s FCD and MS Excel to develop Single Area Unit Hydrographs at pertinent concentration points. Task 2.2 Hydraulics Q3 will develop a one-dimensional, steady-state, HEC-RAS hydraulic model that extends from approximately 1,200 linear feet upstream of W Meyers Road to the confluence of Meyers Creek with Cable Creek. Downstream control will be set per the Base Flood Elevation defined on DFIRM Panel #06071C7930J. The models will include the two existing crossings. Model runs will be prepared for both the existing (interim) and ultimate condition, as well as for the 100- and 500-year events. Model runs will be performed for the anticipated channel configurations, including existing condition, concrete lined trapezoidal channel, bank lined trapezoidal channel, RCB, or RCP. Q3 will perform a series of watershed-based hydraulic simulations to examine and identify the prevailing flood pattern behavior along the study reach alignment to understand its hazard and risk potential as well as support the conceptualization and implementation of an effective flood protection solution. The simulations may help delineate the current course of Meyers Creek and identify whether improvements are necessary upstream of the Meyers Road crossing. An annotated map will be created to showcase the results from each scenario. Task 2.3 Sedimentation and Scour Q3 will evaluate the event-based and long-term sediment transport behavior of the Meyers Canyon main stem based on the results of model simulations coupled with other relevant scour computations as part of the alternative analysis process to determine the vertical channel profile stability constraints. These constraints will be used to guide the design of the proposed channel improvements with respect to grade control and toe-down requirements. As part of this effort, the collection and analysis of sediment samples will be performed at four locations along the study reach alignment to support the characterization of the bed material as part of the sediment transport model definition. Q3 Consulting/PROACTIVE P a g e | 8Packet Page. 424 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Task 3 –Evaluation of Interim Detention Basins Q3 will conduct a site visit of the two settling basins to evaluate the conditions that have led to storm flows breaching the embankment. Q3 will review the approved storm drain plans for Tract No. 17329 and identify potential drainage improvements within the future right-of-way. The size, shape, and configuration of the proposed debris basin upstream of Tract No. 17329 will be reviewed and compared to the expected debris volumes. Using the results from the investigation, Q3 will generate a technical memorandum to summarize its assessment and provide a list of conceptual recommendations. We assume that access to the site will be allowed by the City. Task 4 – Preliminary Design Alternatives Task 4.1 Existing Utility Alignments Early coordination with third-party utility purveyors is critical in mitigating lengthy delays during construction. Q3 will prepare the first utility notification letter at project kickoff to notify intent of project and request as-builts and data. The latest list and contact information of third-party utility purveyors should be provided by the City. Q3 will ask the City to submit the request to SCE/SCG to avoid non-governmental fees. Acquired information regarding alignments (horizontal and vertical) of existing utilities will be profiled in CAD to identify potential conflicts and relocations. Task 4.2 Environmental Assessment It is understood that any substantial improvement to the creek will result, at a minimum, in the need for an initial study/mitigated negative declaration. Q3 will work with subconsultant ECORP to define a list of potential technical studies to support the CEQA/NEPA process, the anticipated regulatory permits (401/404/1602), and the anticipated timeline based on previous experience. The actual studies and reports are deferred to final engineering. ECORP will prepare an environmental constraints analysis for the alternative alignment scenarios. Constraints to the project would be related to the removal of mature trees and potential impacts to nesting birds (e.g., raptors), temporary air quality (including greenhouse gases), noise, and traffic flow impacts during construction, and the proximity of residential development. An Environmental Constraints Report will identify potential environmental constraints and permits that would be required to support the proposed Project. The analysis will be based on the 20 environmental resources areas as listed in the CEQA Initial Study Checklist. ECORP will conduct an aquatic resources delineation for portions of the Meyer Canyon drainage system that may be subject to either direct or indirect impacts due to the Project. This includes the portion from the West Belmont Avenue Arizona crossing to 1,200 linear feet upstream of the Meyers Road crossing. A report will be prepared that describes potential waters of the U.S., including wetlands, and identify anticipated mitigation requirements. Task 4.3 Conceptual Right-Of-Way Assessment Q3 will use the Parcel GIS database of the County’s Assessor Office to lay out the parcels impacted under each channel configuration and identify the right-of-way requirements for each alternative. An anticipated drainage easement will also be required to facilitate the long-term maintenance of the drainage improvements. This proposal includes a budget to purchase up to 14 Preliminary Title Reports (PTRs). The intent is to review the PTRs of privately-owned parcels that may be impacted by the ultimate improvements to Meyers Creek. The intent is to identify and align all existing easements for incorporation into the alternative matrix and into the conceptual plans. Task 4.4 Preliminary Design Report (PDR) Q3 will prepare a conceptual design plan of each alternative, including layout in plan view and typical cross-sections with standard details and standard specifications. Non-standard details are deferred to final engineering. For the preferred alignment selected by the City, a 40-foot scale conceptual profile will be generated. Lot lines and the Google Earth aerial will be shown per the County Assessor GIS database. The maintenance access road will be incorporated into the plan view layouts per County’s FCD standards. The location of maintenance ramps will be finalized during final engineering. Q3 Consulting/PROACTIVE P a g e | 9Packet Page. 425 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Improvements to the existing Arizona low-water crossing at Belmont Ave W may require a realignment of the street vertical profile. One 40-foot scale plan view and a vertical profile of the street centerline will be generated for the proposed drainage improvements. Q3 will develop a comparative matrix that defines the configuration, cost, right-of-way, environmental, construction timeline, existing utility impacts, and hydraulic efficiency of each alternative. Q3 will prepare a preliminary engineer’s estimate of probable costs based on unit costs provided by the City and the latest construction bids for similar projects to be provided by the County’s FCD. Conceptual costs for right-of-way acquisition, and environmental mitigation will be included. Q3 will prepare a Preliminary Design Report (PDR) to define the conceptual hydrology and hydraulic models and describe the considered alternatives. The report will include project assumptions, calculations, methods, and graphics for the alternative solutions. The written report and appendices will serve as the technical documentation for the preliminary engineering design. This report shall include the background for the design criteria and assumptions, hydrology and hydraulic model, and identification of the recommended improvements. Q3 will prepare the exhibits for presentation to City Council. Deliverable(s): . . . One (1) draft PDR in PDF format and hardcopy One (1) final PDR in PDF format and hardcopy One (1) set of exhibits for presentation at City Council in electronic format Task 5 – Meeting & Coordination Project Management – Q3 will update the Project Work Plan based on the comments received during the kickoff meeting. The Project Work Plan will build on the proposal with details for each deliverable, schedule, budget, meetings, and QA/QC process. The project schedule will be finalized after the kickoff meeting. During the course of the project, Q3 will attend conference calls and make themselves available for coordination with the team. Coordination Meetings – Q3 will arrange progress status and coordination meetings throughout the life of the project with the City. We anticipate that coordination meetings will take place at project kickoff, draft channel alignment, draft PDR, and final PDR. We anticipate that coordination with the County’s FCD will take place after delivering the draft set of alternative concept plans. Presentation to City Council – Q3 will use the exhibits prepared as part of the PDR development. Q3 will prepare a draft PowerPoint presentation and a script for review by City Staff. Updates to the PowerPoint presentation and the script will be made to address the City’s comments. Our proposal assumes a presentation to the City Mayor and City Council. Deliverable(s): . . . Draft Presentation in PowerPoint format Final Presentation in PowerPoint format Full scale exhibits for presentation at City Council in PDF. Full size hardcopies can be produced by a professional reprographics service using the reimbursable budget. Assumptions: 1. Third Party Fees, if any, to be paid by the City 2. Any other work task not specifically set forth in the above Scope of Services Q3 Consulting/PROACTIVE P a g e | 10Packet Page. 426 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Anticipated Data Needs At project kickoff, Q3/PEC will work proactively with the City to obtain the following data and initiate the development of the focused drainage study. Anticipated needs may include: . . . Existing drainage and watershed maps in GIS format. As-built drawings for the local storm drain facilities and regional drainage systems (Cable Creek). As-builts for the existing street and utility improvements along W Meyers Road, Belmont Avenue W, and N Little League Road. . . . . . Available topography (LiDAR data). Available utility mapping in the project vicinity. Construction drawings, drainage reports for Tracts 16502, 16533, 17329, 17367, 20150, and 20539. Map that defines interim and ultimate land use condition. Assist in coordination with the County’s FCD to obtain the hydrology study and the RAS hydraulic model for Cable Creek. . . . Grant no-fee right-of-way access. And any information or data that is deemed beneficial to the focused drainage study. Potential access to private property Q3 Consulting/PROACTIVE P a g e | 11Packet Page. 427 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Anticipated Schedule We have prepared a schedule of project deliverables with the goal of delivering a Final PDR before the end of June 2024. Our due diligence during the proposal stage has allowed us to get ahead of schedule with research. Anticipating the issues enables Q3 to stay in control of a realistic schedule. The following assumptions were made: . . . Notice to proceed and project kickoff after January 18, 2023 Review of submittals by City – three weeks turnaround Coordination with the County’s FCD will be initiated at project kickoff In addition, the following measures will be implemented to maintain control of the schedule: .Remi will be the single point of responsibility for meeting the schedule: Our Project Manager is a single point of contact and has the responsibility of tracking progress versus schedule. Remi will maintain lines of communication internally and with the City to keep the staff updated with required action plans to help us stay on schedule. .The proposed staff would be made available for overtime and/or additional staff would be asked to assist. Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 …75 Plan Plan Start DurationTask 1. Baseline Collection and Review Data Gathering and Site Visit1 1 5 2. Focus Area Hydrology & Hydraulics 1. Hydrology 4 7 4 30 27 30 2. Hydraulics 3. Sedimentation and Scour 3. Evaluation of Interim Detention Basins 3.a Draft Investigation Memo 1 6 8 5 2 3 CITY REVIEW 3.b Final Investigation Memo 4. Preliminary Design Alternatives 1. Existing Utility Alignments 4 4 4 2. Environmental Assessment/J.D. Conceptual Right-of-Way Assessment 30 3.4 8 30 54.a Conceptual Exhibits CITY REVIEW #1 Draft PDR and Draft City Council Presentation 13 3 4.b 4.c 4.d 16 22 6 3CITY REVIEW #2 Draft PDR and Draft City Council Presentation 25 34 9 4CITY REVIEW #3 Final Preliminary Design Report (PDR)38 1 38 755. Meetings and Coordination Q3 Consulting/PROACTIVE P a g e | 12 Packet Page. 428 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Experience and Technical Competence Experience Q3 was started as a dba of Proactive Engineering Consultants Inc. (PEC) in January 2018. Since 1993, staff members have partnered with the San Bernardino County Flood Control District and local cities and agencies for the design of stormwater projects including flood control channels, culverts, diversion structures, and stormwater retention and detention basins. Q3/PEC is a full-service engineering firm with expertise in civil engineering, wet utility relocations, dry utility coordination, field surveying and mapping, and construction management. . . . Regional/Local Hydrology . . . 1- & 2-Dimensional Hydraulic Modeling Cost Estimates Stakeholder Coordination (SBCFCD, Caltrans, adjacent Cities, etc.) Erosion and Sediment Control Plans Stormwater Quality / BMPs CFD Budgets Wet and Dry Utility Planning/Relocations Utility Surveys Topographic Surveys Street and Utility Improvement Plans Municipal Storm Drain and Flood Control Channel Design Preliminary Site Constraints Freeway Task Mitigation Analysis Studies Grading Plans and related Studies Right-of-Way Engineering . . . . . . . . . . . . . . . . 3D Laser Scanning Aerial / Photogrammetric Surveys ALTA / ACSM Land Title Surveys Dry Utility Coordination Construction Management And more… Technical Competence Non-Exhaustive List of Computer Programs owned and proficiently operated by Q3/PEC Staff: . . . . . . . 80+ user workstations, all dual screens connected via fiber-optic WAN to facilitate collaboration Hydrology: AES, HEC-HMS, ArcGIS, XP-SWMM, TUFLOW Hydraulics: WSPG, HEC-RAS, XP-SWMM, Flowmaster, FHWA HEC Tools CADD: AutoCAD, BIM, Revit, Civil 3D, MicroStatio, Geopak, Geopak 3D Modeling, InRoads Conceptual Design: Adobe PDF, Make Sketchup, Revu Bluebeam, Publisher Collaboration: Sharepoint, Sharefile FTP, MS Teams, GoToMeetings, Webex, etc. Project Management: MS Project, BQE Core Engineer Q3/PEC has a diversified staff of 80 professional engineers, surveyors, and administrative support. Together with our subconsultant partner, ECORP, we provide the ability complete, upon short notice, a wide range and number of potentials on-call projects for the City. Our proposed team is comprised of a core group of professionals that are familiar with the day-to-day demands of task orders. Should there be a scheduling or scoping challenge arise, we have the ability to bring in internal qualified and experienced staff to augment our productivity and meet the City’s objectives. Our team is dedicated to providing a high-quality product to the City of San Bernardino. We are ready to deliver immediately! Q3 Consulting/PROACTIVE P a g e | 13Packet Page. 429 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Project Specific Experience RENAISSANCE MASTER PLAN LINE D TO JURISDICTIONAL CACTUS BASIN | RIALTO, CA DATES: 2018-2022 PROJECT INFORMATION Client: City of Rialto Michael Tahan, City of Rialto Former Public Works Director with full knowledge of project. Phone: (909) 262-4770. Email: mtahan@ppmgroup-inc.com Fee: $566,000 Design Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for the Baseline Road storm drain project. The 9’x7’ box facility starts at Tamarind Avenue and drains east to outlet in Cactus Basin #3 (1.5 miles long). The size drainage infrastructure was optimized using the 2D hydraulic component of XPSWMM. Drainage parameters are consistent with the Cactus Basin Drainage Study (San Bernardino County Flood Control District, 2015) and the San Bernardino County Hydrology Manual. A Composite Utility Plan was created based on record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail. Coordination with DSOD is necessary to obtain an encroachment permit for penetrating through the jurisdictional dam. Penetration design details include 1:10 concrete structures and articulated joints. The Cactus Basins provided significant flood mitigation benefits to accommodate the undersized and erosion-prone Cactus Channel downstream of Baseline Road. The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans. THE PRESERVE DRAINAGE MASTER PLAN UPDATE | CHINO HILLS, CA DATES: 2020-2021 PROJECT INFORMATION Client: City of Chino Natalie Avila, Principal. Phone: 909-334-3406. Email: navila@cityofchino.org Fee: $450,000 Q3 Consulting provided engineering services to update the Master Plan of Drainage for the City of Chino’s “Preserve” area. The original master plan was prepared in 2003 and updated for the Preserve Specific Plan area in 2007. Numerous changes within the Preserve including the on-going widening of Pine Avenue, as well as the offsite watershed changes associated with the Chino Airport and the City of Ontario, have necessitated the need for a comprehensive update to the current Master Plan of Drainage for The Preserve. Q3 prepared updated hydrology in accordance with San Bernardino County Hydrology Manual guidelines for the City and offsite drainage areas. The hydrology incorporated existing studies for the individual tracts within the Preserve into a comprehensive overall master plan, including the integration of existing flood detention basins. Updated hydraulic analyses for six (6) major drainage facilities were prepared to identify deficiencies and provide required facility alignments and sizes for Lines C, F, G, H, I, and J in accordance with the existing and future planned development. Line I was the most critical piece of the master plan update and detailed alternatives, and preliminary plans were prepared for the facility. The facility is proposed to be a double barrel 8-foot wide by 8-foot height reinforced concrete box culvert (RCB) for a reach of 13,000 feet. Q3 prepared 35% plan for the recommended alternative for Line I. A master plan document was prepared to document the methodology and results of the analysis. Updated cost estimates for the drainage facilities were prepared and incorporated into the City’s drainage impact fee (DIF). Q3 Consulting/PROACTIVE P a g e | 14Packet Page. 430 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System MPD SYSTEM T-2 STORM DRAIN AND STREET IMPROVEMENTS | FONTANA, CA DATES: 2018-2022 PROJECT INFORMATION Client: City of Fontana Chris Smethurst, Associate Engineer. Phone: (909) 350-6649. Email: csmethurst@fontana.org Fee: $575,000 Design Remi Candaele, as Senior Project Manager under previous entity, led the preparation of construction documents for 2.5 miles of stormdrain improvements with RCP pipe sizes up to 96-inch diameter, for the master-planned Cypress Avenue storm drain (MPD Line T-2). The facilities start at Sierra Avenue and drain west to the intersection of Cypress Avenue and Foothill Boulevard and continue southbound on Cypress Avenue to connect to the County 9’x7’ West Fontana Channel lateral near the intersection with Orange Way. A detailed Composite Utility Plan was created using base files and record drawings gathered from wet and dry utility companies. The Plan served as a key support to identify the most efficient horizontal and vertical alignments, along with the definition of a trench detail. A feasibility evaluation for curb, sidewalk, and accessibility improvements was performed to identify design alternatives and itemize potential repairs. Street Improvements include 3,000 lineal feet of raised landscaped medians, two traffic signal modifications; widening the Foothill/Juniper intersection; 1.25 miles of ADA retrofit of all sidewalks, curb ramps, and driveway approached; and 2.25 miles of pavement rehabilitation. A construction phasing plan was also prepared to minimize impacts on local traffic and residents. The project includes the preparation of plan, specification and estimates for the storm drain, street, and utility relocation plans. NORTH EASTERN SPHERE ANNEXATION SPECIFIC PLAN (NESASP) STUDIES | SAN BERNADINO COUNTY, CA DATES: 2018-2020 PROJECT INFORMATION Client: San Bernardino County Flood Control District David Doublet, Assistant Director. Phone: (909)387-7918. Email: ddoublet@dpw.sbcounty.gov Fee: $120,000 Q3 team members provided hydrology and hydraulic engineering services to support the NESASP. Work included preparing regional hydrology to develop peak flows tributary to the proposed project site. The main offsite area includes the mountainous area between the Deer Creek and Day Creek dams. Evaluations included removing a portion of the inline detention basin “levee” system to allow flows to naturally run through the project site. Q3 Team members worked directly with SBCFCD to review their HEC-RAS 5.0 two-dimensional (2-D) models. Standard hydraulics were also performed by the Q3 Team members to identify appropriate levee removals that would not impact the downstream floodplain. Engineering services also include evaluating natural bottom culverts and bridge type structures for proposed roadway crossings within the project site. Hydraulic models extended down to Banyan Street, where SBCFCD has several culverts under the roadway. Our team evaluated alternatives with the goal of not impacting these, or any downstream, structures. Q3 Consulting is now contracted to support regional planning for the flood control facilities within the project. As part of this effort, Q3 Consulting has been requested to provide oversight for the SBCFCD 2-D modeling effort. Q3 Consulting/PROACTIVE P a g e | 15Packet Page. 431 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System FONTANA FOCUSED DRAINAGE MASTER PLAN UPDATE| FONTANA, CA DATES: 2018-2020 PROJECT INFORMATION Client Reference: City of Fontana Kathy Raasch, Sr. Engineer. Phone: (909) 428-8814. Email: kraasch@fontana.org Fee: $100,000 Q3 Consulting provided engineering services to prepare a focused drainage study for a portion of the City of Fontana master plan of drainage. The study focuses on the north portion of the City evaluating two major drainage areas: the area tributary to the Duncan Road storm drain (Line A), and the area tributary to the Summit Avenue storm drain (Line B). This project involved coordination and acceptance of methodology from San Bernardino County Flood Control District as Line A discharged into the Hawker-Crawford Channel and a majority of Line B was already constructed and discharged into the San Servaine Basin. This study was instigated by the proposed development (The Arboretum) by Lewis Management Corporation. As part of their agreement with the City, Lewis would construct the main storm drain infrastructure along Dunlap Road, or Line A. Previous studies had been prepared proposing large conduits. Q3 was hired to re-evaluate the system hydrology and hydraulics models fix discrepancies, update land uses and evaluate the required facility type and size. Rational and Unit Hydrograph hydrology was prepared and routed through the conduit system with complex diversions, and multiple tributary hydrographs. As part of this study, Q3 evaluated the potential diversion of flows from Line A south to Line B since the newly constructed Line B had substantial freeboard associated with it. Q3 also focused on diverting flows from both Line A and Line B to a series of man-made lakes within the Sierra Lakes development. Diverting flows into these lakes was evaluated to store and percolate flows to maximize potential ground water replenishment. Q3 Consulting/PROACTIVE P a g e | 16Packet Page. 432 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System WHITEWATER RIVER CHANNEL AND GRADE CONTROL IMPROVEMENTS| INDIAN WELLS, CA DATES: 2018-2021 PROJECT INFORMATION Client: City of Indian Wells / The Wildlands Conservancy Jack Thompson, The Wildlands Conservancy (TWC). Phone: (760) 325-7222. Email: Jack.t@twc-ca.org Fee: $429,000 Q3 provided engineering services for the analysis and conceptual design for improvements to the Whitewater River, as part of the Indian Wells Crossing development project. The team prepared a basis of design report and identified recommendations for proposed improvements to the Whitewater River Stormwater Channel (WWRSC). The project reach within the WWRSC extends approximately 3,000 feet downstream of Miles Avenue Bridge and 1,500 feet upstream (west) of the bridge. The work included the evaluation of new slope lining and stabilization/modification of grade control structures along a one-mile reach of the channel. The channel has a 100-year design discharge of 47,000 cfs. Technical studies included river hydraulics, long-term sediment transport, and scour studies along the channel and at the bridge and drop structure locations. The detailed analyses included HEC-RAS hydraulic models, scour calculations, sediment transport modeling, drop structure evaluation and design, and local bridge element scour calculations. Based on the results of the studies the project scope was expanded to develop improvement plans for the required improvements. Processed the plans and report through CVWD for approvals. The proposed improvements include construction of approximately 12,000 lf of concrete slope lining, improvements to existing grade control structure, and several storm drain outlets to the WWRSC for local drainage. Proposed improvements were designed in accordance with CVWD and Riverside County criteria. Several workshops were held with the approving agencies and their review consultant to develop a design that meets the needs of the project and would be acceptable to CVWD when dedicated to them for ownership and maintenance. GRAND TERRACE FOCUSED AREA MASTER PLAN UPDATE| GRAND TERRACE, CA DATES: 2019-2022 PROJECT INFORMATION Client: City of Grand Terrace Alan French, Principal Engineer. Phone: (909) 824-6621 X251. Email: afrench@grandterrace-ca.gov. Fee: $124,000 Q3 Consulting provided engineering services to update the “Pico” area of the City’s master plan of drainage. The City’s draft master plan update was never completed and lacked the necessary information for the required storm drain sizes associated with new development projects. The update for the Pico area included an advanced hydrology/ hydraulic SWMM model that used a combination of 2-d surface flow analysis with a 1-d subsurface (storm drain) analysis. Due to the steep terrain, and gridded street network, a rain-on-grid approach was used for the developed urban areas to more accurately determine the stormwater run-off patterns. The rational method and unit hydrograph hydrology for the hillslopes tributary to the urban areas were prepared in accordance with San Bernardino County hydrology methods and incorporated into the advanced models. The update included the evaluation of the existing watershed conditions to identify the deficiencies and flood prone areas. These areas were confirmed through discussions with City staff and review of historic flooding documentation. Q3 identified a set of potential alternatives and evaluated the effectiveness in the hydrology/hydraulic model. The results of the alternatives analysis runs were used to determine the most cost-effective solutions for the deficient areas. Alignments and facilities sizes were prepared for the recommended storm drain systems. A focused master plan update report was prepared and processed for approval through the City. Q3 Consulting/PROACTIVE P a g e | 17Packet Page. 433 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Additional References Project RepresentativeImage Description Reference Remi Candaele, as Senior Project Manager under previous entity, and Q3 Staff have been assisting the City with its Stormwater Implementation Program, providing a wide range of services. A few services have included the preparationof: As-NeededStormwater On-Call AndRegional StormDrain JimMerid Improvements Principal Constructiondocuments for LID and Trash BMPs including the McCallen Park Water Quality Improvements to remove trash and debris from more than 2 squaremiles. Design challenges included: City of HuntingtonBeach (714) 375-8445HuntingtonBeach, Ca Fee: $290,000 jim.merid@surfcity-hb.org Shoring for a 32-foot-deep pit for the implementation of the hydrodynamic separator LACCD A/E On-Call: StormwaterMitigation Improvements Remi Candaele served as Senior Project Manager under previous entity and ledarchitecture, engineering, surveying, andconstruction NatalieMason Project Manageradministration services for the preparation and theimplementation of the stormwater program in response to the anticipated Phase II Permit. Tasks performed included Plans, specification, and estimates for stormdrain, sewer, water quality, street, electrical, and landscaping improvements. CGP Inspections and QSP support. Stormwater capture and reuse studies. Los Angeles Community College DistrictSylmar, Ca (818) 367-7236 Natalie.Mason@build-laccd.orgFee: $375,000 Q3 prepared technical hydrology and hydraulic studies and construction documents for the stormdrainfacilities associated with the widening of Pine Avenue from Euclid Avenue to Hellman Avenue, a 2-mile reach in the City of Chino. The roadway is being widened to support the increased traffic demand as a result of the buildout of the Chino Agricultural Preserve area. Detailed street flooded width, catch basin, and stormdrain hydraulic calculations were prepared to support the design. Pine Avenue Widening Amer Jakher Director of Public Works City of ChinoCity of Chino, CA 909-334-3265 Fee: $3,500,000Design ajakher@cityofchino.org County of Ventura On- Call Stormwater Assistance Assisting the Countywide Stormwater Implementation Program with: (1) design services for storm drain, drainage, and regional BMP projects to meet TSOs milestones ; (2) Perform reviews of LID Reports, gradingplans, anddrainage studies as part of the County’s discretionary and grading permit applications; (3) Coordination and review of plans, reports, andestimatesfromCaltrans District 7 for the joint stormwater project in Saticoy; and (4) Development and implementation of system-wide drainage and stormwater improvements to address the TMDLs and known flooded locations. EwelinaMutkowska CSPManager County of VenturaWatershed ProtectionDistrict Ventura, CA 805.645.1382 Cumulative Fee to Date: $490,000 Ewelina.Mutkowska@ventura.org Q3 Consulting/PROACTIVE P a g e | 18Packet Page. 434 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Testimonials “It has been a true pleasure working with you (Remi) and your team, your performance has been worth commending and I have no doubt it will only get better as the projects move forward.” Monelito Mendoza, BuildLACCD Stormwater Improvement Project Manager “I would definitely have positive feedback to share.” Jim Merid, Environmental Principal Engineer, City of Huntington Beach “I have no reservation whatsoever in recommending Mr. Remi Candaele, PE for the 2-dimensional rainfall-runoff model of the City’s watersheds.” Brent Siemer, Deputy Public Works Director, City of Simi Valley Avenue E culverts under construction on Wilson Creek in City of Yucaipa Storm Drain Encasement to Santa Clara River Levee System, Oxnard, CA Underground Detention and Infiltration, Sylmar,CA Q3 Consulting/PROACTIVE P a g e | 19Packet Page. 435 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Schedule of Charges A detailed schedule of charges is included. The cost proposal includes hourly rates for all staff, anticipated direct and indirect charges, costs for site visits, reproductions, and other miscellaneous reimbursable expenses. Q3 Consulting/PROACTIVE P a g e | 20Packet Page. 436 DocuSign Envelope ID: EE2F76EF-4E60-46D9-A281-AD7AE745B08B Proposal for Focused Study Meyers Creek Drainage System Q3 Consulting/PROACTIVE P a g e | 21 Packet Page. 437 Packet Page. 438 2 4 7 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Department:Public Works Subject:Approve Stop Sign Installation at Various Locations under an Existing Contract with Calstripe, Inc., at a Cost of Approximately $4,000 per location, which is Budgeted (Wards 1,3,4,7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2025-028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations: a. Hill Dr & Mountain Dr (Ward 4) b. Holly Vista Blvd & Garrilee Dr (Ward 7) c. Holly Vista Blvd and Conejo Dr (Ward7) d. Holly Vista Blvd & Garden Dr (Ward 7) e. Esperanza St & K St (Ward 3) f. Mountain View Ave & 33rd St (Ward 7) g. Mountain View Ave & 36th St (Ward 7) h. 40th St & Golden Ave (Ward 4) i. 46th St & Genevieve St (Ward 4) j. Rialto Ave and J St (Ward 1,3) k. Valencia Ave & Marshall Blvd (Ward 7) Executive Summary The Public Works Department recommends the approval of the installation of stop signs at the above locations to enhance safety and improve vehicular and pedestrian Packet Page. 439 2 4 7 6 flow. The proposed stop signs with the City’s broader commitment to improve safety and accessibility on the roadway segments in the City. Background Staff received a citizen request to evaluate the potential installation of stop signs control at the following intersections: a) Hill Dr & Mountain Dr b) Holly Vista Blvd & Garrilee Dr c) Holly Vista Blvd and Conejo Dr d) Holly Vista Blvd & Garden Dr. e) Esperanza St & K St f) Mountain View Ave & 33rd St g) Mountain View Ave & 36th St h) 40th St & Golden Ave i) 46th St & Genevieve St j) Rialto Ave & J St k) Valencia Ave & Marshall Blvd Guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the City. The guidelines recommend the use of a stop sign facing the minor street of a 4-legged intersection and the terminating leg of a T-intersection, if certain conditions exist to better clarify and regulate right-of-way at an intersection. Additionally, common factors and warrants considered for the installation of stop signs are as follows: •Traffic Volumes •Pedestrian Volume •Visibility •Collision History Discussion The Traffic Engineering Section of the Public Works Department has been focused on installing stop signs at uncontrolled intersections and implementing two way and four -way stops at intersections with limited visibility and a history of collisions. These uncontrolled intersections have led to confusion among drivers, making it challenging for vehicles, bicyclists, and pedestrians to safely navigate crossings without clear stop signs. This lack of signage can result in drivers not having enough time to notice pedestrians, cyclists, and cross traffic, leading to difficulties in deciding whether to come to a full stop at these intersecting streets. Staff investigated traffic conditions at the intersections referenced above and found that stop signs should be installed to better clarify the rules of the road at each intersection. Stop signs are also recommended to mitigate sight distance issues such Packet Page. 440 2 4 7 6 as corner landscaping, corner perimeter or structure walls, and/or horizontal or vertical road curvature which may exist at these locations. The table below identifies the types of sight distance issues and other causes found at each intersection: The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its December 9, 2024, meeting. For the intersection of Rialto Ave and J St, it was presented to the PSHRC at the Febuary12, 2024 meeting. The intersection of Valencia Ave & Marshall Blvd was presented to the ( PS&HR) at the January 13, 2025 meeting. The Commission recommended the establishment of the stops at the intersections indicated on the above table. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 3d: Improved Quality of Life –The project will evaluate and enhance the quality of public safety services. Fiscal Impact The estimated cost to install the “Stop” signs and add pavement markings ranges between $3,000- $4,000 for each location. Public Works has an existing contract with Calstripe, Inc., a Paving and Markings contractor to implement the proposed stop sign installations. Intersection Justification for Stop Sign Location of Visual Impairment Hill Ave and Mountain Ave (shared with the County)Line of sight NEC Holly Vista Blvd & Garrilee Dr Uncontrolled N/A Holly Vista Blvd & Conejo Dr Uncontrolled N/A Holly Vista Blvd and Garden Dr Uncontrolled N/A Esperanza St & K St Offset Intersection N/A Mountain View Ave & 33rd St Line of Sight SEC Mountain View Ave & 36rd St Line of Sight SEC & NW C 40th St & Golden Ave Line of Sight SW C 46th St & Genevieve St Line of Sight NW C Rialto Ave & J St Collisions N/A Valencia Ave. & Marshall Blvd. Petition W arrant N/A Packet Page. 441 2 4 7 6 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-028, authorizing the City Manager and/or designee to amend the City’s Master List of certain streets or portions therefor as through highways and authoring the establishments of Stop control at the following locations: a. Hill Dr & Mountain Dr (Ward 4). b. Holly Vista Blvd & Garrilee Dr(Ward 7). c. Holly Vista Blvd and Conejo Dr (Ward7). d. Holly Vista Blvd & Garden Dr (Ward 7). e. Esperanza St & K St (Ward 3 ) f. Mountain View Ave & 33rd St (Ward 7) g. Mountain View Ave & 36th St (Ward 7) h. 40th St & Golden Ave (Ward 4) i. 46th St & Genevieve St (Ward 4) j. Rialto Ave and J St (Ward 1,3) k. Valencia Ave & Marshall Blvd (Ward 7) Attachments 1. Attachment 1- Resolution 2025-028 2. Attachment 2- Sight Distance & Location Map-Hill Dr & Mountain Dr 3. Attachment 3- Location Map- Holly Vista Blvd & Garrilee Dr 4. Attachment 4- Location Map- Holly Vista Blvd & Conejo Dr 5. Attachment 5- Location Map- Holly Vista Blvd & Garden Dr 6. Attachment 6- Location Map- Esperanza St and K St 7. Attachment 7- Location Map- Mountain View Ave & 33rd St 8. Attachment 8- Location Map- Mountain View Ave & 36th St 9. Attachment 9- Location Map- 40th St and Golden Ave 10.Attachment10- Location Map- 46th St & Genevieve St 11.Attachment 11- Location Map- Rialto Ave & J St 12.Attachment 12- Location Map – Valencia Ave & Marshall Blvd 13.Attachment 13- Stop Sign Warrant- Hill Dr & Mountain Dr 14.Attachment 14- Stop Sign Warrant- Holly Vista Blvd & Garrilee Dr 15.Attachment 15- Stop Sign Warrant- Holly Vista Blvd & Conejo Dr 16.Attachment 16- Stop sign Warrant- Holly Vista Blvd & Garden Dr 17.Attachment 17- Stop Sign Warrant- Esperanza St & K St 18.Attachment 18- Stop Sign Warrant- Mountain View Ave & 33rd St 19.Attachment 19- Stop Sign Warrant- Mountain View Ave & 36th St 20.Attachment 20- Stop Sign Warrant- 40th St and Golden Ave 21.Attachment 21- Stop Sign Warrant- 46th St & Geneveive St 22.Attachment 22- Stop Sign Warrant- Rialto Ave & J St 23.Attachment 23- Stop Sign Warrant – Valencia Ave & Marshall Blvd 24.Attachment 24- Sight Distance Analysis- Mountain Ave & 33rd St Packet Page. 442 2 4 7 6 25.Attachment 25- Sight Distance Analysis- 46th St & Genevieve St 26.Attachment 26- Sight Distance Analysis- 40th St & Golden Ave 27.Attachment 27- Sight Distance Analysis- Mountain Ave & 36th 28.Attachment 28- Exhibit A- Master list Ward: 1,3,4,7 Synopsis of Previous Council Actions: None Packet Page. 443 Resolution No. 2025-028 Resolution 2025-028 February 5, 2025 Page 1 of 4 6 1 2 7 RESOLUTION NO. 2025-028 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING THE CITY’S MASTER LIST OF CERTAIN STREETS OR PORTIONS AS THROUGH HIGHWAYS AND AUTHORIZING THE ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTIONS OF HILL DR & MOUNTAIN DR, HOLLY VISTA & GARRILEE DR, HOLLY VISTA & CONEJO DR, HOLLY VISTA & GARDEN DR, ESPERANZA ST & K ST, MOUNTAIN VIEW AVE & 33RD ST, MOUTAIN VIEW AVE & 36TH ST, 40TH ST & GOLDEN AVE, 46TH ST & GENEVIEVE ST AND RIALTO AVE & J ST, VALENCIA AVE. & MARSHALL BLVD. WHEREAS, the Traffic Engineering Section of the Public Works Department is focused on installing stop signs at uncontrolled intersections and implementing two way and four -way stops at intersections with limited visibility and a history of collisions; and WHEREAS, guidelines published in the California Manual of Uniform Traffic Control Devices (CA MUTCD) on the use of stop signs have been adopted by the City; and WHEREAS, in order to meet eligibility for the installation fo traffic control measures, roadways within the City must be designated as Through Highways in accordance with the Vehicle Code of the State of California; and WHEREAS, the City previously adopted Resolution No. 655 and subsequent amendments designating various roadways as Through Highways and Boulevards throughout the City; and WHEREAS, the City rescinded Resolution No. 655 of the City of San Bernardino to designate certain streets or portions thereof as through Highways; and WHEREAS, the City adopted Master List to designate certain streets or portions thereof as through Highways and Boulevards throughout the City (Exhibit A) ; and WHEREAS, the Traffic Engineering Division of the Public Works Department received a request to evaluate traffic control needs at the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St., Valencia & Marshall Blvd.; and WHEREAS, staff have determined the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St Packet Page. 444 Resolution No. 2025-028 Resolution 2025-028 February 5, 2025 Page 2 of 4 6 1 2 7 & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St, and Valencia & Marshall Blvd meets the warrants for an All -Way stop sign installation at the locations; and WHEREAS, staff presented the proposed stop sign locations to the City’s Public Safety and Human Relations Commission (PS&HR) at its February 12, 2024 and December 9, 2024, meeting and PS&HR recommended the establishment of the stops at the intersections outlined in this Resolution; and WHEREAS, the City intends to install traffic control in the form of a stop control on these roadway segments to enhance traffic safety at Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave & J St., Valencia & Marshall Blvd, and; 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 add to the Master List - Exhibit “A”, the following intersections: the intersections of Hill Dr & Mountain Dr, Holly Vista Blvd & Garrilee Dr, Holly Vista & Conejo Dr, Holly Vista Blvd & Garden Dr, Esperanza St & K St, Mountain View Ave & 33rd St, Mountain View Ave & 36th St, 40th St & Golden Ave, 46th St and Genevieve St, Rialto Ave and J St, Valencia & Marshall Blvd. SECTION 3. 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 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. 445 Resolution No. 2025-028 Resolution 2025-028 February 5, 2025 Page 3 of 4 6 1 2 7 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 446 Resolution No. 2025-028 Resolution 2025-028 February 5, 2025 Page 4 of 4 6 1 2 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-028, adopted at a regular meeting held on the 5th day of February 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Genoveva Rocha, CMC, City Clerk Packet Page. 447 Packet Page. 448 Packet Page. 449 Packet Page. 450 Packet Page. 451 Packet Page. 452 Packet Page. 453 Packet Page. 454 Packet Page. 455 Packet Page. 456 Packet Page. 457 Packet Page. 458 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Hill Ave and Mountain Ave AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Line of sight is not sufficient facing EB Yes A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 459 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 460 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 461 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 462 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 463 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Garrilee Dr AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street.X A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 464 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?X Packet Page. 465 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 466 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 467 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 468 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Conejo Dr NONE AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street.X A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 469 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?X Packet Page. 470 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 471 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 472 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 473 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Holly Vista Blvd & Garden Dr NONE AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street.X A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 474 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED?X Packet Page. 475 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 476 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 477 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 478 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Esperanza St & K St SB & EB AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Intersection is currently Stop Controlled SB and EB. Traffic operation will improve for NB Stop Control x A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 479 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 480 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 481 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 482 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 483 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Mountain View Ave & 33rd St East-West AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Line of sight is not sufficient SEC facing SB Yes A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 484 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 485 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 486 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 487 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 488 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Mountain View Ave and 36th St East-West AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Line of sight is not sufficient SEC & NWC facing SB &NB Yes A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 489 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 490 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 491 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 492 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 493 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date 40th St & Golden Ave NB AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Line of sight is limited facing WB from the NB stop control x A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 494 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 495 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 496 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 497 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 498 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date 46th St 7 Genevieve St None AJ 11/27/2024 AJ 11/27/2024 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed N A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months N A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr N B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr N A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements N A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values N A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. Line of sight is not sufficient NWC facing Westbound Yes A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. Packet Page. 499 A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? Packet Page. 500 B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARK S Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2.Streets leading to intersection do not intersect at right angles. B-3.One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6.Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8.One approach of the intersection is a driveway serving a commercial area. B-9.One approach of the intersection is a driveway servicing a residential property. B-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? Packet Page. 501 C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1.School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2.Streets leading to intersection do not intersect at right angles. C-3.One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5.Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6.Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8.One approach of the intersection is a driveway serving a commercial area. C-9.One approach of the intersection is a driveway servicing a residential property. C-10. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-11.The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? Packet Page. 502 DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) X Packet Page. 503 City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 A-1.3A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr A-1.3B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr A-1.3C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. A-2.2 On a county road or city street with its intersection with a State Highway. A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. A-2.4 On a street entering a legally established through highway or street. A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). A-2.6 At an un-signalized intersection in a signalized area. A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? 4 4 4 4 4 4 4 AJ 01/29/2024MZ 11/13/20132-way stopJ St & Rialto Ave B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARKS Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”. B-2. Streets leading to intersection do not intersect at right angles. B-3. One or more streets leading to intersection is at a grade of more than 5%. B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility. B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period. B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. B-8. One approach of the intersection is a driveway serving a commercial area. B-9. One approach of the intersection is a driveway servicing a residential property. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. B-10. B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Sightline issues AJ 01/29/2024MZ 11/13/20132-way stopJ St & Rialto Ave C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”. C-2. Streets leading to intersection do not intersect at right angles. C-3. One or more streets leading to intersection is at a grade of more than 5%. C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility. C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period. C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. C-8. One approach of the intersection is a driveway serving a commercial area. C-9. One approach of the intersection is a driveway servicing a residential property. Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. C-10. C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets the warrants or not) City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 AJ 01/29/2024MZ 11/13/20132-way stopJ St & Rialto Ave AJ 01/08/2025 Packet Page. 507 Packet Page. 508 Packet Page. 509 Packet Page. 510 Packet Page. 511 Packet Page. 512 Packet Page. 513 Exibit A Reso 655 Index Street 1 Baseline St 1 E St 1 Eucalyptus Ave 1 F Street 1 Highland Ave 1 I Street 1 Mt Vernon Ave 1 Pepper Ave 1 Sierra Way 1 Victoria Ave 1 State College Pkwy 1.2 Acacia Ave 1.2 Acacia Ave 1.4 Arden Ave 1.4 Arden Ave 1.4 Arden Ave 1.5 Arrowhead Ave 1.56 Aster St 1.57 Atlantic Ave 1.57 Atlantic Ave 1.6 Beechwood Ave 1.7 Belmont Ave 1.7 Belmont Ave 1.7 Belmont Ave 1.8 Benedict Rd 1.9 Birch St 1.94 Bronson St 2 Cajon Blvd 3 California St 3 California St 3 California St 3.02 Cambridge Ave 3.1 Caroline St 3.2 Club Center Dr 3.23 College Ave 3.3 Colorado St 3.35 Colwyn Ave 3.4 Coulston 3.4 Coulston 3.4 Coulston 3.5 Crestview Ave Packet Page. 514 Exibit A 3.5 Crestview Ave 3.6 Cristy Ave 3.8 Curtis St 4 Darby St 4.05 David Way 4.1 Davidson Ave 4.3 18th St 4.5 8th St 4.7 11th St 5 5th St 5.4 46th St 5.4 46th St 6 14th St 7 4th St 7.05 G St 7.1 Genevieve St 7.1 Genevieve St 7.1 Genevieve St 7.3 Golden Ave 7.4 Grand Ave 7.45 Guthrie St 7.45 Guthrie St 7.5 H St 7.5 H St 7.5 H St 7.5 H St 7.5 H St 7.5 H St 7.5 H St 7.5 H St 8 Harrison St 8.3 Hospitality Ln 8.4 Hunts Ln 8.5 Institution Rd 8.6 Irvington Ave 8.6 Irvington Ave 8.6 Irvington Ave 8.6 Irvington Ave 8.63 J St 8.65 Jasmine St 8.65 Jasmine St 8.65 Jasmine St 8.7 Kenwood Ave 8.7 Kenwood Ave Packet Page. 515 Exibit A 8.8 Kingmand St 9 L St 9.1 La Praix St 9.1 Lakewood Dr 9.1 Lakewood Dr 9.2 Little League Dr 9.3 Magnolia Ave 9.4 Macy St 9.4 Macy St 9.4 Macy St 9.57 Lugo Ave 9.6 Lynwood Dr 9.67 Magnolia Ave 9.68 Magnolia Ave 9.68 Magnolia Ave 9.68 Magnolia Ave 9.68 Magnolia Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.7 Meridian Ave 9.8 Mariposa Dr 9.9 Marshall Blvd 9.93 Mayfield Ave 9.94 Medical Center Dr 9.94 Medical Center Dr 9.94 Medical Center Dr 9.95 Meyers Rd 9.95 Meyers Rd 10 Mill St 10 Mill St 10.2 Miramonte Dr 10.2 Miramonte Dr 10.3 Montery Ave 10.5 Mt View Ave 10.5 Mt View Ave 10.5 Mt View Ave 10.5 Mt View Ave 10.5 Mt View Ave 10.5 Mt View Ave 10.5 Mt View Ave Packet Page. 516 Exibit A 10.5 Mt View Ave 10.5 Mt View Ave 12 Muscupiabe Dr 12 Muscupiabe Dr 12.5 19th St 12.5 19th St 12.5 19th St 13 9th St 13 9th St 13.1 Ohio Ave 13.2 Olive Ave 13.2 Olive Ave 13.2 Olive Ave 13.2 Olive Ave 13.3 Olive St 13.5 Orange St 13.7 Palm Ave 13.7A Palm Ave 13.7A Palm Ave 13.7A Palm Ave 13.7A Palm Ave 13.7A Palm Ave 13.7A Palm Ave 13.71 Parkdale Dr 13.71 Parkdale Dr 13.71 Parkdale Dr 13.71 Parkdale Dr 13.72 Pedley Rd 13.75 Pennsylvania Ave 13.75 Pennsylvania Ave 13.75 Pennsylvania Ave 13.81 Pershing Ave 13.82 Pico Ave 13.9 Piedmont Dr 14 Pine Ave 14.1 Pleasant Hll Dr 14.2 Poplar St 14.23 Pumalo St 14.3 Rancho ave 14.4 Randall Ave 14.4 Randall Ave 14.6 Richardson St 14.6 Richardson St 14.64 Rosarita St Packet Page. 517 Exibit A 14.8 San Carlo Ave 15 2nd St 15.2 Sepulveda Ave 15.25 7th St 15.25 7th St 15.25 7th St 15.25 7th St 15.27 Sheridan Rd 15.27 Sheridan Rd 15.27 Sheridan Rd 15.3 Sierra Way 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 15.5 16th St 16 6th St 16 6th St 16 6th St 16 6th St 16 6th St 16 6th St 16 6th St 16 6th St 16.5 State St 16.7 Sunrise Ln 17 10th St 17.5 3rd St 17.57 13th St 17.57 13th St 17.57 13th St 17.57 13th St 17.57 13th St 17.6 30th St 17.7 39th St 17.7 39th St 17.75 36th St 17.8 20th St 17.8 20th St 17.9 31st St Packet Page. 518 Exibit A 17.95 33rd St 18 28th St 19 21st St 20 27th St 20 27th St 21 23rd St 21.2 Universal Ave 21.2 Universal Ave 21.25 Valencia Ave 21.25 Valencia Ave 21.25 Valencia Ave 21.3 Varsity Ave 21.4 Verdemont Dr 21.5 Victoria Ave 21.7 Victoria Ave 21.8 Wall Ave 21.8 Wall Ave 21.8 Wall Ave 21.9 Walnut Ave 21.9 Walnut Ave 21.25 Valencia Ave 21.25 Valencia Ave 21.25 Valencia Ave 22 Western Ave 22.2 Wier Rd 22.5 Wilson Street 22.5 Wilson Street Harwick Dr 13th St Hill Dr Holly Vista Blvd Holly Vista Blvd Holly Vista Blvd Espernaza St Montian View Ave Mountain View Ave 40th St 46th St Rialto Ave Valencia Ave Packet Page. 519 Exibit A EXHIBIT A Intersecting Street All All All All All All All All All All All 31st St 46th St Piedmont Dr to Pacific St. Lynwood Dr Marshall Blvd Orangeshow Rd to Marshall Blvd Jasmine St to Sheridan Rd Bangor Ave Colwyn Ave Azalea Ave Little League Drive to Pine Avenue Little League Dr Magnolia Ave Sunnyside Ave Rexford St Cristy Ave Highland Ave to the North City Limits Baseline St to Cajon Blvd Magnolia Ave 16th St Universal Ave Club Center Dr Hunts Ln to Redlands Blvd Iris St California St to Evans St 17th St Curtis St Tippecanoe Avenue to Mt. View Avenue Richerdson St Baseline St to 21st St Packet Page. 520 Exibit A 18th St Rosarita Dr / Bronson St Gould St Cajon Blvd to California St Mariposa Dr Highland Ave to Miramonte Dr (Exepting 27th St) Crestview Ave Western Ave to K St Wilson St Sierra Way to Mt Vernon Ave Mt View Ave Acacia Ave to Electric Ave I St to Mt Vernon Ave Foothill Blvd to Waterman Ave (Exepting Mt Vernon Ave) 33rd St 33rd St 35th St Parkdale Ave to 40th St Highland Ave to 40th St (Exepting 39th St and 35th St) Varsity Ave Pacific to Highland Ave Sunrise Ln College Dr to Mill St 4th St to Marshall Blvd 13th St 16th St 27th St Marshall Blvd 48th St to Dover Dr 48th St 25th St to Hampshire Rd (Exepting 7th St and Lynwood Dr) E St to Tippecanoe Ave Harwick Dr to Hospitality Ln (Exepting EBRT veh on E St) Cajon Blvd Magnolia Ave to Pine Ave Palm Ave Olive Ave Walnut Ave Congrss St to Rialto Ave Aster St to Sheridan Rd Hyacinth St Sheridan Rd Evans St Niles St Packet Page. 521 Exibit A Cabrera Ave 5th St to Baseline St (Excepting 27th St) Buckeye St Windsor St Sheridan Rd Kendall Dr to Meyers Rd Pico Ave Ellen St Mill St to Rialto Ave Mill St Baseline St to 16th St Valencia Ave to Victoria Ave (Excepting 30th Connector St) Belmont Ave to Garfield St Arizona Ave California St Medical Center Dr Pico Ave Randall Ave to Birch St Randall Ave Poplar St Birch St Rialto to 9th St 6th St Etiwanda Ave David Way Little Mountain Dr to Parkside Dr (Excepting Miramonte Dr & EB @ Ladera Rd) 33rd St 5th st to Cajon Blvd 7th St Magnolia Ave Olive Ave Olive Ave to Walnut Ave Eucalyptus Ave to Tippecanoe Ave Macy St 24th St to Marshall Blvd Marshall Blvd Pedley Rd 5th St to Pinehurst Ct (Except Electric Ave) 6th St 13th St 28th St Marshall Blvd 34th St Thompson Pl / Parkdale Dr Packet Page. 522 Exibit A 46th St 3rd St to Pinehurst Ct (Excepting 28th St, Marshall Blvd, 40th St, 48th St, SB traffic only) 23rd St to Colima Rd Marshall Blvd Belle St Flores St Lugo Ave Wilson St Medical Center Dr to Elmwood Rd Olive Ave to Pine Ave Irvington Ave Belmont Ave Meyers Rd Belmont Ave to Garfield St 17th St Atlantic Ave \to Citrus St (Excepting Highland Ave) Atlantic Ave to 28th St Cajon Blvd to Melvin Ave Cajon Blvd Kendall Dr Irvington Ave Belmont Ave Verdemont Dr Mountain View to Valencia Ave Mt View Ave Sierra Way Valencia Ave Monterey Ave Poplar St to Rialto Ave Virginia St Magnolia Ave 20th St King St Piedmont Ave Kendall Dr to Pennsylvania Ave Baldrige Canyon Dr to Palm Ave Meridian Ave Del Rosa Ave to Date Pl Mill St to Foothill Blvd Pepper Ave Meridian Ave Coulston St to Riverside Dr Coulston St Cristy Ave Packet Page. 523 Exibit A Mesa St Waterman Ave to Mt Vernon Ave 40th St to 53rd St (Excepting Sierra Way) Gardena St Medical Center Dr Medical Center Dr to Mt Vernon Ave Garner Ave Aster St to Jasmine St Jamine St Lakewood Dr Mill St to Waterman Ave (Excepting 2nd St and 16th St) State St to H St (Excepting J St, Harris St, and Trnton St) California St Western Ave Massachusetts Ave H St Stoddard Ave D St Arrowhead Ave to Crestview Ave except Mt View Ave Sierra Way Meridian Ave Ramona Ave Western Ave Pico Ave Garner Ave J St to H St Mt View Ave Del Rosa Dr University Pkwy to Sheridan Rd Guthrie St G St to I St Viaduct Blvd to East City Limits H St to Waterman Ave except Sierra Way G St (Listed twice) F St D St Mt View Ave Miramonte Dr to San Gabriel St Severance Ave Golden Ave to Del Rosa Ave F St to Waterman Ave except E St, D St, Arrowhead Ave, Mt View Ave, Sierra Way Kenwood Ave Reedy Ave Stoddard Ave Packet Page. 524 Exibit A G St Muscott St to California St Waterman Ave to Perris Hill Park California St to Medical Center Dr Little Mountain Dr to G St Muscott St to Pennsylvania St Varsity Ave Cambridge Ave Highland Ave to 40th St Parkdale Ave 40th St College Ave to Universal Ave Palm Ave to Olive Ave Richerdson St Lynwood Dr Temple St Olive St 15th St Belmont Ave Irvington Ave Highland to 40th St Parkdale Dr 40th St 16th St to Highland Ave Harwick Dr 9th St 11th St Wier Rd Sierra Way Mountian Dr Garrilee Dr Conejo Dr Garden Dr K St 33rd St 36th St Golden Ave to Del Rosa Ave Genevieve St J St Marshall Blvd Packet Page. 525 Exibit A Stop Control Various Various Various Various Various Various Various Various Various Various Various EB, WB WB Various All Way All Way Various Various NB NB SB Various All Way All Way NB, SB NB, SB 3-Way Various Various 3-Way All Way 3-Way All Way Various SB Various Various All Way Various Packet Page. 526 Exibit A 3-Way 3-Way Various 3-Way Various 3-Way Various All Way Various Various Various Various All Way Various 3-Way Various All Way Various Various All Way All Way All Way All Way Various All Way Various Various Various Various All Way All Way All Way Various Various 3-Way 3-Way Packet Page. 527 Exibit A Various All Way Various All Way Various All Way Various Various 3-Way All Way Various All Way 3-Way 3-Way Various All Way All Way 3-Way Various Various All Way All Way All Way Various Various All Way Various All Way All Way Various All Way All Way All Way All Way All Way All Way Packet Page. 528 Exibit A All Way Various Various 3-Way All Way Various Various All Way All Way All Way Various Various Various Various All Way All Way All Way All Way All Way Various All Way All Way All Way All Way Various EB Various Various 3-Way Various Various All Way All Way Various All Way 3-Way Packet Page. 529 Exibit A Various Various All Way Various Various 3-Way All Way Various Various All Way All Way All Way All Way All Way Various All Way Various All Way Various Various Various All Way All Way All Way All Way Various Various Various Packet Page. 530 Exibit A All Way Various Various Various Various Various 3-Way Various All Way 3-Way Various Various 3-Way All Way All Way Various All Way 3-Way Various All Way All Way All Way All Way All Way One Way One Way One Way All Way All Way All Way One way 3-Way Two Way All Way Packet Page. 531 CONSENT CALENDAR City of San Bernardino Request for Council Action Date: February 5, 2025 To: Honorable Mayor and City Council Members From: Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Department: Public Works Subject: Award of Construction Agreement for Improvements at Ruben Campos Community Center to Perfection Painting Corp in the amount of $327,100.00 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-029: 1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project. 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00. 4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Packet Page. 532 Executive Summary Awarding the Agreement for construction of the Improvements at Ruben Campos Community Center Project would enhance the facility ensuring that it continues to serve as a vital resource for our community. The Agreement would allow the City to issue Perfection Painting Corp a Notice to Proceed, initiating the process to construct the improvements. The agreement will include Perfection Painting Corp’s construction fee of $327,100.00 Additional funds are recommended for design contingencies in the amount of $65,420.00 The total cost of design and design contingencies is $392,520.00. The improvements at the Ruben Campos Community Center include upgrades to HVAC systems, restroom fixtures, gym flooring, ADA- compliant doors and pathways, as well as enhanced parking and accessibility features. Background The Ruben Campos Community Center at Nunez Park, is located at 1717 5th Street, San Bernardino, CA 92411, serves as a cornerstone of community engagement, offering a variety of programs and services that cater to residents of all ages. The facility includes a spacious multi-purpose room, as well as designated areas specifically designed to accommodate senior citizens and recreational activities. The center provides a wide range of programs aimed at fostering personal development, community involvement, and recreation. These programs include Arts & Crafts, Indoor/Outdoor Games, the Boys Hobby Club, Nutrition Education, the Little Princess Club, the Teen Club, Open Breakdancing sessions, a Lunch Program, and Homework Help for students. The center’s offerings play a vital role in supporting the social, educational, and recreational needs of the local community, making it an essential hub for residents. On May 15, 2024, the Mayor and City Council adopted the Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. These federal funding programs are designed to support the City’s efforts in addressing affordable housing, homelessness prevention, community development, and public services. The Annual Action Plan outlines how the City will allocate these funds to meet identified community needs and priorities for the upcoming fiscal year. For capital improvement projects, the City has proposed allocating $1,309,341 to the Public Works department, which includes $250,000 for improvements at the Ruben Campos Community Center. This funding will help support the facility's ongoing use by community programs, including those that serve low- and moderate- income individuals, such as Project Fighting Chance. Discussion The proposed improvements to the Ruben Campos Community Center include a range of upgrades to enhance accessibility, functionality, and safety for all users. The scope of work involves removing and replacing the existing air conditioning (AC) units on the roof, along with updating the related controls and interfaces. Restroom Packet Page. 533 fixtures will be replaced with ADA-compliant fixtures to ensure accessibility for individuals with disabilities. The gym area will receive new MONDO flooring, which is durable and designed for athletic use. Additionally, an ADA-compliant double door will be installed on the west side of the building to improve accessibility, and a new concrete path of travel will be constructed to provide wheelchair access throughout the facility. The project will also include necessary striping for handicap parking stalls and other related striping to ensure proper compliance with accessibility standards. These upgrades will significantly improve the overall usability and accessibility of the community center for all visitors. Staff recommends authorizing the City Manager or their designee to execute all necessary documents with Perfection Painting Corp, and to manage the project, including the expenditure of contingency funds if needed. These actions are necessary to ensure the successful completion of the improvements at Ruben Campos Community Center project, which will provide valuable community engagement opportunities at this facility. The recommended actions are aimed at facilitating the timely and efficient progress of this project. The Project was advertised for public bidding on November 13, 2024 on PlanetBids. Two sealed bids were received and opened on December 4, 2024. The total base bid prices are as follows: Staff has reviewed all bid packages and determined Perfection Painting Corp of Palmdale, CA, is the lowest responsible and responsive bidder with a total base bid amount of $327,100.00. Although Dale Plumbing & Construction is the lowest bidder, they have deemed non-responsive due to failure to submit all required documentation by the bid deadline. As a result, the next responsive bidder, who has submitted all necessary documents and met the project requirements, has been selected for the project. This decision ensures compliance with the bid requirements and allows the City to proceed with a qualified contractor to complete the improvements. The selected bidder's proposal is consistent with the project's scope. Initially, $250,000 was adopted for this project from CDBG fund. From this amount, several expenses have been deducted, including $13,360 for environmental review services provided by Ultrasystems Inc., $20,000 for labor compliance, and $2,204.00 for a Daily Journal advertisement. After accounting for these expenditures, the remaining available budget is $214,436. Bidder City Base Bid Perfection Painting Corp Palmdale, CA $327,100.00 Dale Plumbing & Construction Hemet, CA $195,530.00 Packet Page. 534 The lowest bid received for the construction work is $327,100.00. Additionally, there is a contingency and administrative cost of $65,420.00, which covers unexpected expenses and project management. With these amounts added together, the total construction cost for the project is $392,520.00. The total remaining budget from the CDBG Fund is $214,436. However, the total construction cost is $392,520.00, which exceeds the available CDBG funds. As a result, there is a funding shortfall of $178,084.00, which represents the additional amount required to fully finance the project. Therefore, the project needs an additional $178,084.00 in funding beyond the current CDBG allocation to cover the total construction expenses. To address this shortfall, Staff proposes this project be funded using two sources: the remaining CDBG Fund balance of $214,436.00 and the additional $178,084.00 from the AB 1600 Parkland and Operations Fund. Together, these funds make up the total project budget of $392,520.00, ensuring that all project expenses are covered. Below is the tentative construction schedule outlining the anticipated timeline and key milestones for this Project, emphasizing that it is subject to adjustments due to contingencies and unforeseen circumstances. The Contractor shall complete all work Cost Adopted CDBG Budget $250,000.00 Environmental Review - Ultrasystems Inc ($13,360.00) Estimated Labor Compliance ($20,000.00) Advertisement - Daily Journal Corporation ($2,204.00) Remaining Budget $214,436.00 Bid Lowest Bid $327,100.00 Contingency & Administrative Cost $65,420.00 Total Construction Cost $392,520.00 Budget Remaining Budget - CDBG $214,436.00 Total Construction Cost ($392,520.00) Additional Funding Required ($178,084.00) Proposed Budget CDBG Fund $214,436.00 AB 1600 Parkland and Op Fund $178,084.00 Total Project Budget $392,520.00 Packet Page. 535 required by the Contract Documents within sixty (60) calendar days from the commencement date stated in the Notice to Proceed. It is important to note that the environmental review process for the project, as required under the Community Development Block Grant (CDBG) program and governed by 24 CFR Part 58, is not yet complete. In compliance with federal requirements, no legally binding agreements can be executed, and no CDBG funds can be obligated until the environmental review process is finalized and a release of funds has been obtained. Furthermore, to ensure adherence to these requirements, the construction agreement with Perfection Painting Corp is explicitly identified as non-legally binding until the environmental review process is complete. The contractor has no claim to any CDBG funds allocated for the project during this period. Additionally, the contractor is prohibited from initiating any work, including activities funded by non-CDBG sources, until the environmental review process is finalized. This restriction aligns with federal regulations to prevent any action that may limit alternatives or adversely impact the environment before the review's completion. By adhering to these stipulations, the City ensures compliance with environmental review requirements while maintaining transparency and accountability in project execution. 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 allow 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 minor improvements and reconstructing the park facilities located on the same site. Mayor and City Council Approval 1/15/2025 Contract Execution & P.O Issuance Feburary 2025 Pre-Construction Meeting March 2025 Notice to Proceed March 2025 Construction Start April 2025 Construction Completed June 2025 Packet Page. 536 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 Authorizing the execution of this agreement aligns with the 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 community center facilities. Fiscal Impact There is no General Fund impact associated with this action. The project will be funded using existing CDBG funding and an additional $178,084.00 from the AB 1600 Parkland and Op Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-029: Packet Page. 537 1. Approving the award of a Construction Agreement with Perfection Painting Corp in the amount of $327,100.00 for the Improvements at Ruben Campos Community Center (Project); and 2. Authorizing construction contingencies, construction management, and administrative costs in the total amount of $65,420.00 for construction of the project. 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00. 4. Authorizing the City Manager or designee to execute all documents with Perfection Painting Corp; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. 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. 2025-029 Attachment 2 Agreement with Perfection Painting Corp Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: First Ward Synopsis of Previous Council Actions: May 15, 2024 Adopt Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) Packet Page. 538 Resolution No. 2025-029 Resolution 2025-029 February 5, 2025 Page 1 of 4 RESOLUTION NO. 2025-029 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF AN AGREEMENT WITH PERFECTION PAINTING CORP IN THE AMOUNT OF $327,100.00 FOR THE IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER (PROJECT); AUTHORIZING THE CONSTRUCTION CONTINGENCIES, CONSTRUCTION MANAGEMENT, AND ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF $65,420.00 FOR CONSTRUCTION OF THE PROJECT; AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2024/25 CIP BUDGET WITH AN ADDITIONAL $178,084.00 FROM THE AB 1600 PARKLAND AND OP FUND TO BRING THE TOTAL PROJECT BUDGET TO $392,520.00; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS WITH PERFECTION PAINTING CORP; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT; AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15302 (“REPLACEMENT OR RECONSTRUCTION”). WHEREAS, the City of San Bernardino (“City”) desires to improve Ruben Campos Community Center amenities to enhance accessibility, functionality, and safety for all visitors (the “Improvements at Ruben Campos Community Center Project”); and WHEREAS, the Ruben Campos Community Center seeks to replace the roof-mounted AC units, update controls, install ADA-compliant restroom fixtures and a double door, add a new concrete wheelchair-accessible path, update the gym with MONDO flooring, and ensure compliance with accessibility standards through proper striping, including handicap parking. WHEREAS, the improvements at Ruben Campos Community Center aims to support the social, educational, and recreational needs of the local community; and WHEREAS, on May 15, 2024, the Mayor, and City Council adopted Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs; and WHEREAS, the designated funds are focused on critical infrastructure projects within the City, including the Improvements at Ruben Campos Community Center Project; and Packet Page. 539 Resolution No. 2025-029 Resolution 2025-029 February 5, 2025 Page 2 of 4 WHEREAS, the Improvements at Ruben Campos Community Center Project was advertised for public bidding on November 13, 2024, on PlanetBids with the City receiving two sealed bids; and WHEREAS, City staff reviewed all bid packages and determined that Perfection Painting Corp was the lowest responsible and responsive bidder; and WHEREAS, an additional budget action is needed to provide full funding for the Improvements at Ruben Campos Community Center Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve the award of an Agreement with Perfection Painting Corp. in the amount of $327,100 for Improvements at Ruben Campos Community Center (Project). SECTION 3. The Mayor and City Council hereby authorize the construction contingencies, construction management, and administrative costs in the total amount of $49,065.00 for construction of the Project. SECTION 4. 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 $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00. SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with Perfection Painting Corp. SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. SECTION 7. The Mayor and City Council finds this Resolution 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 allow 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 minor improvements and reconstructing the park facilities located on the same site. The Mayor and City Council also find this Resolution is also not subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. 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. Packet Page. 540 Resolution No. 2025-029 Resolution 2025-029 February 5, 2025 Page 3 of 4 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 5th day of February 2025. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 541 Resolution No. 2025-029 Resolution 2025-029 February 5, 2025 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-029, adopted at a regular meeting held on the 5th day of February 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Genoveva Rocha, CMC, City Clerk Packet Page. 542 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. GB 25-007 is made and entered into this 5th day of February, 2025 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 Perfection Painting Corp, 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: Improvements at Ruben Campos Community Center 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 sixty (60) 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 Three Hundred Twenty-Seven Thousand One Hundred Dollars ($327,100.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of One Thousand Dollars ($1,000.00) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Packet Page. 543 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -2- 00 52 13 – CONTRACT FOR CONSTRUCTION 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: 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 Project Signs (4’x8’) City of San Bernardino Business Registration Application Form Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. Packet Page. 544 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -3- 00 52 13 – CONTRACT FOR CONSTRUCTION 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. This is a federally assisted construction contract. Federal labor standards provisions outlined in the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10) days prior to bid opening; it is included in these specifications and is available online at https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and State wage rates, the higher of the two will prevail. The State wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. 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. 545 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -4- 00 52 13 – CONTRACT FOR CONSTRUCTION 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: Genova Rocha, CMC, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney Perfection Painting Corp [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. 546 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -5- 00 52 13 – CONTRACT FOR CONSTRUCTION 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 DESCRIPTION OF ATTACHED DOCUMENT Individual 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. 547 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -6- 00 61 13 – BOND FORMS 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. 548 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -7- 00 61 13 – BOND FORMS 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. 549 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -8- 00 61 13 – BOND FORMS 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. 550 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -9- 00 61 13 – BOND FORMS 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 DESCRIPTION OF ATTACHED DOCUMENT Individual 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. 551 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -10- 00 61 13 – BOND FORMS 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 DESCRIPTION OF ATTACHED DOCUMENT Individual 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. Packet Page. 552 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -11- 00 61 13 – BOND FORMS END OF PERFORMANCE BOND Packet Page. 553 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -12- 00 61 13 – BOND FORMS 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. 554 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -13- 00 61 13 – BOND FORMS 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. 555 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -14- 00 61 13 – BOND FORMS 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 DESCRIPTION OF ATTACHED DOCUMENT Individual 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. 556 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -15- 00 61 13 – BOND FORMS 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 DESCRIPTION OF ATTACHED DOCUMENT Individual 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. Packet Page. 557 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -16- 00 61 13 – BOND FORMS END OF PAYMENT BOND Packet Page. 558 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -17- 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. 559 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -18- 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. 560 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -19- 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 Independence Day - July 4 Labor Day - First Monday in September Packet Page. 561 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -20- 00 72 00 – GENERAL CONDITIONS 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 easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor. Packet Page. 562 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -21- 00 72 00 – GENERAL CONDITIONS 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. 1.2 Terminology. A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning. Packet Page. 563 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -22- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 564 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -23- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 565 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -24- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 566 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -25- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 567 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -26- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 568 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -27- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 569 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -28- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 570 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -29- 00 72 00 – GENERAL CONDITIONS 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 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), Packet Page. 571 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -30- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 572 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -31- 00 72 00 – GENERAL CONDITIONS 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 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, Packet Page. 573 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -32- 00 72 00 – GENERAL CONDITIONS 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. 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, Packet Page. 574 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -33- 00 72 00 – GENERAL CONDITIONS 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. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage. H. 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. Packet Page. 575 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -34- 00 72 00 – GENERAL CONDITIONS 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. 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. I. NOT USED J. 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. K. 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. L. 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. Packet Page. 576 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -35- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 577 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -36- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 578 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -37- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 579 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -38- 00 72 00 – GENERAL CONDITIONS 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). 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. Packet Page. 580 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -39- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 581 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -40- 00 72 00 – GENERAL CONDITIONS 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 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, Packet Page. 582 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -41- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 583 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -42- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 584 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -43- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 585 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -44- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 586 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -45- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 587 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -46- 00 72 00 – GENERAL CONDITIONS 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: 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. Prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor is required to pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor will be placed in the solicitation by the City. The decision to award a contract or subcontract is conditioned upon Packet Page. 588 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -47- 00 72 00 – GENERAL CONDITIONS the acceptance of the wage determination. The City will report all suspected or reported violations to the Federal Awarding Agency. Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City will report all suspected or reported violations to the Federal Awarding Agency. 2. 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. This is a federally assisted construction contract. Federal labor standards provisions outlined in the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10) days prior to bid opening; it is included in these specifications and is available online at https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and State wage rates, the higher of the two will prevail. The State wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not specifically included in the Federal wage decision are not acceptable. 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 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. 3. 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. 4. 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. Packet Page. 589 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -48- 00 72 00 – GENERAL CONDITIONS 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 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, Packet Page. 590 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -49- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 591 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -50- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 592 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -51- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 593 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -52- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 594 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -53- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 595 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -54- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 596 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -55- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 597 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -56- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 598 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -57- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 599 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -58- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 600 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -59- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 601 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -60- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 602 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -61- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 603 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -62- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 604 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -63- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 605 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -64- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 606 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -65- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 607 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -66- 00 72 00 – GENERAL CONDITIONS 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; (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. Packet Page. 608 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -67- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 609 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -68- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 610 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -69- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 611 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -70- 00 72 00 – GENERAL CONDITIONS 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; 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. Packet Page. 612 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -71- 00 72 00 – GENERAL CONDITIONS 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 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: Packet Page. 613 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -72- 00 72 00 – GENERAL CONDITIONS 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 t he 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 “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. Packet Page. 614 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -73- 00 72 00 – GENERAL CONDITIONS 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. 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, Packet Page. 615 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -74- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 616 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -75- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 617 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -76- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 618 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -77- 00 72 00 – GENERAL CONDITIONS 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; 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 Packet Page. 619 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -78- 00 72 00 – GENERAL CONDITIONS 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 t o 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 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 Packet Page. 620 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -79- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 621 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -80- 00 72 00 – GENERAL CONDITIONS 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. (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 Packet Page. 622 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -81- 00 72 00 – GENERAL CONDITIONS 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. (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. Packet Page. 623 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -82- 00 72 00 – GENERAL CONDITIONS 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; (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 Packet Page. 624 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -83- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 625 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -84- 00 72 00 – GENERAL CONDITIONS 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: 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 Packet Page. 626 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -85- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 627 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -86- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 628 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -87- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 629 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -88- 00 72 00 – GENERAL CONDITIONS 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: 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. Packet Page. 630 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -89- 00 72 00 – GENERAL CONDITIONS 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. 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 Packet Page. 631 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -90- 00 72 00 – GENERAL CONDITIONS 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 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. Packet Page. 632 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -91- 00 72 00 – GENERAL CONDITIONS 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, 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 Packet Page. 633 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -92- 00 72 00 – GENERAL CONDITIONS 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. 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. Packet Page. 634 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -93- 00 72 00 – GENERAL CONDITIONS 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 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 Packet Page. 635 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -94- 00 72 00 – GENERAL CONDITIONS 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 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. 636 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER -95- 00 72 00 – GENERAL CONDITIONS 11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature ARTICLE 12 -– FLEET COMPLIANCE 12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). 12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/ref ueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. 12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless 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 alleged failure to comply with the Regulation. Packet Page. 637 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 96 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS ARTICLE 1 -SCOPE OF WORK 1.1 Location of the Project. A. Ruben Campos Community Center: 1717 5th Street, San Bernardino, CA 92411 Packet Page. 638 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 97 00 73 13 - SPECIAL CONDITIONS 1.2 Scope of Work. The Scope of Work consists of removing and replacing AC units on the roof and related controls/interface, removing and replacing restroom fixtures with ADA compliant fixtures, new MONDO flooring for the gym area, new ADA compliant double door on the west side of the building, ADA concrete path of travel for wheelchairs, and related striping, striping for handicap parking stalls. 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: “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 Packet Page. 639 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 98 00 73 13 - SPECIAL CONDITIONS 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 Attachment. 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. END OF SPECIAL CONDITIONS Packet Page. 640 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 99 PLANS AND DRAWINGS SPECIFICATIONS Article I. 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. BID ITEM 1: MOBILIZATION This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the Standard Specifications of Public Works Construction, 2021 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 – If applicable. 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. 641 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 100 PLANS AND DRAWINGS 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 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. BID ITEM 2: REMOVE OF EXISTING FIXTURES (TOILETS, SINKS, URINALS) IN MEN'S AND WOMEN'S RESTROOMS. This bid item includes removal of existing restroom fixtures (toilets, sinks, urinals) in the restrooms shown on the plan. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal of the above-mentioned fixtures. No additional compensation shall be allowed. All work be paid by the contract unit price paid per EACH (EA) and shall be full and final compensation. BID ITEM 3: REMOVE EXISTING FLOORING IN THE GYM AREA. (SEE HATCH AREA ON PLAN); REMOVE ANY ADHESIVES; REPAIR FLOOR SUCH AS GRINDING AND LEVELING. This bid item includes removal of existing flooring in the GYM area shown in hatch pattern on the plan and removing any adhesives and repair floor such as grinding and leveling. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal of the existing flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation. BID ITEM 4: PERFORM MOISTURE TEST FOR THE FLOOR This bid item includes performing moisture test on the floor for the area that will receive MONDO flooring. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal Packet Page. 642 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 101 PLANS AND DRAWINGS of the existing flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. BID ITEM 5: REMOVE EXISTING AC CONDENSERS (5 TON) INCLUDING DISCONNECT BOXES FROM THE ROOF (SEE ATTACHED PICTURES); CAP/PLUG ANY OPEN LINES; COVER OPEN AREA OF THE ROOF TO PREVENT RAIN ENTERING THE BUILDING UNTIL THE NEW AC UNITS ARE INSTALLEDREMOVE EXISTING AC UNITS FROM ROOF. This bid item includes removal of existing AC units from the roof and disposal of the units; Cap/plug any open lines and cover the roof opening until the installation of the new AC units, to prevent rain or other materials from getting inside the building. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in removal and disposal of the existing AC units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. BID ITEM 6 - REMOVE THE RELATED FAN COILS FROM THE ATTIC This bid item includes removal of existing fan coils from the attic and disposal of them. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in removal and disposal of the existing AC units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. BID ITEM 7: REMOVE EXISTING ASPHALT WALKWAY, AND ADA ASPHALT PATH OF TRAVEL PER PLANS. This bid item includes removal of existing asphalt at the west side of the building, and ADA path of travel leading to handicap parking stalls. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation. BID ITEM 8: REMOVE EXISTING PCC PAD/ WALKWAY AT WEST ENTRANCE OF THE BUILDING PER PLANS. This bid item includes removal of existing concrete walkway at the west entrance of the building. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid Packet Page. 643 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 102 PLANS AND DRAWINGS by the contract unit price paid per Square Feet (SF) and shall be full and final compensation. BID ITEM 9: REMOVE/CUT 4 FEET OF EXISTING FENCE AND CURB TO ALLOW FOR ADA PATH OF TRAVEL. This bid item includes removal of existing fence and concrete curb to allow construction of ADA path. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Linear Feet (LF) and shall be full and final compensation. BID ITEM 10 - REMOVE EXISTING DRINKING WATER FOUNTAIN AND CAP WATER LINE This bid item includes removal of existing drinking water fountain that is opposite from the main entrance to the building (south side of the building), and to cap water line. Measurement and Payment for this bid item shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all work involved including removal, construction, trench and surface restoration and no additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. BID ITEM 11: FURNISH AND INSTALL ADA COMPLIANT RESTROOM FIXTURES (TOILETS, SINKS, URINALS), AND GRAB HANDLES (WHERE REQUIRED) This bid item includes installation new ADA compliant restroom fixtures (toilets, sinks, urinals) in the men’s and women’s restrooms shown on the plan. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the installation of the above mentioned fixtures. No additional compensation shall be allowed. All work be paid by the contract unit price paid per EACH (EA) and shall be full and final compensation. Packet Page. 644 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 103 PLANS AND DRAWINGS BID ITEM 12: FURNISH PAINT; PATCH AND PAINT RESTROOM WALLS WHERE NEEDED (MEN'S AND WOMEN'S RESTROOMS); SUBMIT TYPE OF PAINT FOR APPROVAL BY THE CITY This bid item includes furnishing paint and patching and painting of restroom walls. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. BID ITEM 13: FURNISH AND INSTALL NEW MONDO FLOORING INCLUDING PREPARING THE FLOOR UNDERNEATH IT. This bid item includes installation of MONDO flooring in the GYM area shown in hatch pattern on the plan. The floor should be prepared per requirements of the flooring manufacturer prior to installing the MONDO flooring. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in installation of the new flooring. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet (SF) and shall be full and final compensation. BID ITEM 14: INSTALL NEW AC CONDENSER UNITS ON THE ROOF, INCLUDING SUPPORTING EQUIPMENT. CONDENSER UNITS ARE PROVIDED BY THE CITY OF SAN BERNARDINO (MAINTENANCE) This bid item includes installing new condenser units provided by the City. Measurement and Payment for this bid item shall include full compensation for installation including all labor, materials, tools, equipment, and incidentals for doing all work involved in the installation of the new units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. BID ITEM 15 - FURNISH AND INSTALL NEW FAN COILS IN THE ATTIC. This bid item includes furnishing and installing new fan coils in the attic. Match to existing controls/system. Measurement and Payment for this bid item shall include full compensation for furnishing and installation including all labor, materials, tools, equipment, and incidentals for doing all work involved in the installation of the new units. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. Packet Page. 645 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 104 PLANS AND DRAWINGS BID ITEM 16: CONSTRUCT 4” THICK PCC WALKWAY (ADA PATH), INCLUDING 95% SUBGRADE COMPACTION PER PLAN AND SPECIFICATIONS. This bid item shall comply with Section 201-1, "Portland Cement Concrete", and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways", of the Standard Specifications, as shown on the Plans, CITY Standard Drawings, these Special Provisions, and as directed by the Engineer. Portland cement concrete shall be Class 560-C-3250, with a maximum slump of four ( 4) inches. Portland cement concrete walkway shall be constructed in accordance with the ADA requirements with no more that 5% running slope and no mere than 2% cross-slope. Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, incidentals, grading, compacting, framing, fill material, backfilling and doing all work involved in constructing PCC Sidewalk per project plans standard plan and theses specifications; no additional compensation will be allowed. BID ITEM 17: FURNISH AND INSTALL NEW FENCE- POST TO SUPPORT THE FENCE This bid item includes installing a new fence post at the location where the fence was cut to make room for the ADA path. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. BID ITEM 18: PATCH/ REPAIR CURB/ GATE-POST BASE (SEE ATTACHED PICTURE) Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. BID ITEM 19: REMOVE EXISTING DOUBLE DOORS ON THE SOUTH AND WEST SIDE OF THE BUILDING, AND INSTALL NEW ADA COMPLIANT DOUBLE DOORS, WITH PANEL BARS AND DOOR CLOSURES, INCLUDING DOORBELL & WIRING. SUBMIT DOOR DATA SHEETS TO THE CITY FOR APPROVAL. DOORS TO BE VANDAL PROOF. This bid item includes removing the existing double doors and installing new ones as described above in bid item 18. See attached picture of the existing door. Doors to be vandal proof. Packet Page. 646 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 105 PLANS AND DRAWINGS Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Each (EA) and shall be full and final compensation. BID ITEM 20: APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING, AND BLUE BORDERS FOR HANDICAP PATH PER 2023 CALTRANS STANDARD A90A PER SPECIFICATION AND PROJECT PLANS. This bid item includes ADA path striping on the concrete path from the handicap parking area on the parking lot to the west entrance of the building as shown on plan. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and painting of the above mentioned damaged walls. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. BID ITEM 21 - CONSTRUCTION 4’ X 8’ PROJECT SIGN: 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, a nd the Manufacturer's data for the Sign Panels. MATERIALS A. Project Information Signs shall be constructed per Caltrans specifications for Plywood single sheet and laminated panel signs. B. Color of signs, panels and lettering shall be as indicated on the drawing in these specifications. C. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans. D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans. INSTALLATION 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. Measurement and Payment Packet Page. 647 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 106 PLANS AND DRAWINGS The contract bid price paid to fabricate and install the signs including all ancillary work be paid by the contract unit price paid per each sign (EA) and shall include full compensation for providing all materials including post, digging the foundations for the post, and restoring the area around the post during the duration of the project. And restoring of the surrounding area after removal of the si gn. This will also include the removal of the signs and posts. BID ITEM 22 – FURNISH PAINT, AND PAINT MEN’S AND WOMEN’S RESTROOM FLOORS WITH EPOXY PAINT. This bid item includes furnishing epoxy paint and painting the men’s and women’s restrooms floors. Submit paint data sheets to City for approval. Measurement and Payment for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in the painting of the above mentioned area floors. No additional compensation shall be allowed. All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final compensation. Packet Page. 648 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 107 PLANS AND DRAWINGS PLANS AND DRAWINGS "THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (LATEST EDITION) 2. CALTRANS STANDARD PLANS (LATEST EDITION) 3. RUBEN CAMPOS COMMUNITY CENTER, DRAWING NO. 13638 Packet Page. 649 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 108 PROJECT SIGN PROJECT SIGN CITY OF SAN BERNARDINO Building a Better San Bernardino IMPROVEMENTS AT RUBEN CAMPOS Community Center PROJECT No. GB 25-007 Estimated Completion: Spring/Summer 2025 Funding Provided By: Community Development Block Grant Council Ward: 1 Helen Tran, Mayor Rochelle Clayton, City Manager Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Kimberly Knaus, Mario Flores, Treasure Ortiz For more information, please call the Engineering Department (909) 384-5019 Packet Page. 650 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 109 PROJECT SIGN Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo. Packet Page. 651 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 110 FEDERAL FORMS AND OTHER REQUIREMENTS BUSINESS LICENSE Packet Page. 652 IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER 111 FEDERAL FORMS AND OTHER REQUIREMENTS FEDERAL FORMS AND OTHER REQUIREMENTS Packet Page. 653 Federal Forms and Other Requirements: 1.Federal Labor Standards Provisions (HUD - 4010) . . . . . . . . . . . Page 2 2.Equal Employment Opportunity Clause . . . . . . . . . . . . . . . . . . . Page 12 3.Clean Air and Water Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 21 4.Labor Codes Section 1771 – 1815 . . . . . . . . . . . . . . . . . . . . . . . . Page 22 5.Certification of Understanding and Authorization . . . . . . . . . . Page 27 6.Equal Employment Opportunity Commitment * . . . . . . . . . . . . Page 28 7.Report of Additional Classification and Rate ** . . . . . . . . . . . . . Page 29 8.Bidders Questionnaire * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30 9.Non-Segregated Facilities Certification * . . . . . . . . . . . . . . . . . . Page 32 10.Past Performance Certification * . . . . . . . . . . . . . . . . . . . . . . . . . Page 33 11.Federal Lobbyist Certification * . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35 12.Worker’s Compensation Certification * . . . . . . . . . . . . . . . . . . . Page 35 14.Declaration of Intent with Section 3 * . . . . . . . . . . . . . . . . . . . . .Page 37 15.Notice of Section 3 Commitment * . . . . . . . . . . . . . . . . . . . . . . . Page 38 16.Section 3 Business Concern Certification * . . . . . . . . . . . . . . . . . Page 39 *Must Submit Form with Bid ** Must Submit Form with Bid If Needed << Page 1>> 17.Section 3 Self-Certification Form . . . . . . . . . . . . . . . . . . . . . . . . . Page 40 18.Section 3 Qualitative Efforts for Contractors . . . . . . . . . . . . . . . Page 42 13.List of Proposed Subcontractors * . . . . . . . . . . . . . . . . . . . . . . . Page 36 Packet Page. 654 << Page 2>> HUD-4010 Federal Labor Standards Provisions A. APPLICABILITY U.S. Department of Housing and Urban Development Office of Davis-Bacon and Labor Standards The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. Minimum wages and fringe benefits i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.S(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(l)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.S(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR S.S(a)(l)(iii)) and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.S(a)(l)(iii), provided that: 1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 2. The classification is used in the area by the construction industry; and 3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.S(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be Previous editions obsolete 1 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 655 << Page 3>> classified in conformance with the wage determination . Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is used in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination . B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination . The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary . E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(l)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(l)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification . iv. Fringe benefits not expressed as an hourly rate Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. v. Unfunded plans If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. Previous editions obsolete 2 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 656 << Page 4>> 2. Withholding i. Withholding requirements The U.S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative ofthe Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.S(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR 5.S(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.S(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by: A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls i. Basic record requirements A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR S.S(a)(l)(v) that the wages of any laborer or mechanic include the amount of any Previous editions obsolete 3 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 657 << Page 5>> costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C . 3141{2)(B) ofthe Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs . ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.S{a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolqov/files/WHD/leqacv/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records). C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: 1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a){3){ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a){3)(i), and such information and records are correct and complete; 2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly Previous editions obsolete 4 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 658 << Page 6>> from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and 3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by 29 CFR S.S(a)(3)(ii)(C). E. Signature The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.S(a)(3)(i)-(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to Previous editions obsolete 5 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 659 << Page 7>> the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity i. Apprentices A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.S(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.S(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5 Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Previous editions obsolete 6 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 660 << Page 8>> 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 7 Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8 Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9 Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5. B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(l), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must Previous editions obsolete 7 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 661 << Page 9>> be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms "laborers and mechanics" include watch persons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(l) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watch persons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(l), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(l). 3. Withholding for unpaid wages and liquidated damages i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by: A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s); or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(l) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(l) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, Previous editions obsolete 8 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 662 << Page 10>> due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5. C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.S(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watch persons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. Previous editions obsolete 9 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 663 << Page 11>> F. HEALTH AND SAFETY The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000. 1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. 3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions obsolete 10 Form HUD-4010, (10/2023) ref. Handbook 1344.1 Packet Page. 664 1 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a.The contractor will not discriminate against any employee or applicant for employmentbecause of race, color, religion, sex, or national origin. The contractor will take affirmativeaction to ensure that applicants are employed, and that employees are treated duringemployment without regard to their race, color, religion, sex, or national origin. Such actionshall include, but not be limited to the following: employment, upgrading, demotion, ortransfer; recruitment or recruitment advertising; layoff or termination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. The contractoragrees to post in conspicuous places, available to employees and applicants foremployment, notices to be provided setting forth the provisions of this nondiscriminationclause. b.The contractor will, in all solicitations or advertisements for employees placed by or onbehalf of the contractor, state that all qualified applicants will receive consideration foremployment without regard to race, color, religion, sex, or national origin. c.The contractor will send to each labor union or representative of workers with which he/shehas a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’scommitments under this section, and shall post copies of the notice in conspicuous placesavailable to employees and applicants for employment. d.The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e.The contractor will furnish all information and reports required by Executive Order 11246of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his/her books, records, and accounts by theadministering agency and the Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders. f.In the event of the contractor’s noncompliance with the nondiscrimination clause of thiscontract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole, or in part, and the contractor may be declaredineligible for further government contracts or federally assisted construction contracts inaccordance with procedures authorized in Executive Order 11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g.The contractor will include the provisions of Paragraph 1a through 1g in every subcontractor purchase order unless exempted by rule, regulations, or orders of the Secretary ofLabor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The contractorwill take such action with respect to any subcontract or purchase order as theadministering agency may direct as a means of enforcing such provisions, includingsanctions for noncompliance. Provided, however, that in the event a contractor becomesinvolved in, or is threatened with, litigation with a subcontractor or vendor as a result ofsuch direction by the administering agency, the contractor may request the United Statesto enter into such litigation to protect the interests of the United States. << Page 1>> Packet Page. 665 2 EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a.As used in these specifications: (1) Covered area means the geographical area described in the solicitation from whichthis contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, UnitedStates Department of Labor, or any person to whom the Director delegatesauthority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United States TreasuryDepartment Form 941. (4) Minority includes: (a)Black (all persons having origins in any of the Black African racial groups notof Hispanic origin) (b)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or SouthAmerican or other Spanish culture or origin, regardless of race); (c)Asian and Pacific Islander (all persons having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacificIslands); and (d)American Indian or Alaskan Native (all persons having origins in any of theoriginal peoples of North America and maintaining identifiable tribal affiliationsthrough membership and participation or community identification). b.Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of thework involving any construction trade, it shall physically include in each subcontract inexcess of $10,000 the provisions of these specifications and the notice which contains theapplicable goals for minority and female participation and which is set forth in thesolicitations from which this contract resulted. c.If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Planapproved by the United States Department of Labor in the covered area either individuallyor through an association, its affirmative action obligations on all work in the Plan area(including goals and time tables) shall be in accordance with that Plan for those tradeswhich have unions participating in the Plan. Contractors must be able to demonstrate theirparticipation in and compliance with the provisions of any such Hometown Plan. Eachcontractor or subcontractor participating in an approved Plan is individually required tocomply with its obligations under the EEO Clause, and to make a good faith effort toachieve each goal under the Plan in each trade in which it has employees. The overallgood faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to takegood faith efforts to achieve the Plan goals and timetables. d.The contractor shall implement the specific affirmative action standards provided inparagraphs 3g (1) through 3g (16) of these specifications. The goals set forth in thesolicitation from which this contract resulted are expressed as percentages of the tot alhours of employment and training of minority and female utilization the contractor should << Page 1>> Packet Page. 666 3 reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e.Neither the provisions of any collective bargaining agreement nor the failure by a unionwith whom the contractor has a collective bargaining agreement, to refer either minorityor women shall excuse the contractor’s obligations under these specifications, ExecutiveOrder 11246 or the regulations promulgated pursuant thereto. f.In order for the nonworking training hours of apprentices and trainees to be counted inmeeting the goals, such apprentices and trainees must be employed by the contractorduring the training period, and the contractor must have made a commitment to employthe apprentices and trainees at the completion of their training, subject to the availabilityof employment opportunities. Trainees must be trained pursuant to training programsapproved by the United States Department of Labor. g.The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shallbe based upon its effort to achieve maximum results from its actions. The contractor shalldocument these efforts fully, and shall implement affirmative action steps at least asextensive as the following: (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees areassigned to work. The contractor, where possible, will assign two or more women toeach construction project. The contractor shall specifically ensure that all foremen,superintendents, and other on-site supervisory personnel are aware of and carry outthe contractor’s obligation to maintain such a working environment, with specificattention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and tocommunity organizations when the contractor or its unions have employmentopportunities available, and maintain a record of the organization’s responses. (3) Maintain a current file of the name, address, and telephone numbers of each minorityand female off-the street applicant and minority or female referral from a union, arecruitment source, or community organization and of what action was taken withrespect to each such individual. If such individual was sent to the union hiring hall forreferral and was not referred back to the contractor by the union or, if referred, notemployed by the contractor, this shall be documented in the file with the reasontherefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions withwhich the contractor has a collective bargaining agreement has not referred to thecontractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’sefforts to meet its obligations. << Page 1>> Packet Page. 667 4 (5) Develop on-the-job training opportunities and/or participate in training programs forthe area which expressly include minorities and women, including upgrading programsand apprenticeship and trainee programs relevant to the contractor’s employmentneeds, especially those programs funded or approved by the Department of Labor.The contractor shall provide notice of these programs to the sources compiled under3g (2) above. (6) Disseminate the contractor’s EEO policy by providing notice of the policy to unionsand training programs and requesting their cooperation in assisting the contractor inmeeting its EEO obligations; by including it in any policy manual and collectivebargaining agreement; by publicizing it in the company newspaper, annual report, etc.;by specific review of the policy with all management personnel and with all minorityand female employees at least once a year; and by posting the company EEO policyon bulletin boards accessible to all employees at each location where constructionwork is performed. (7) Review, at least annually, the company’s EEO policy and affirmative action obligationsunder these specifications with all employees having any responsibility for hiring,assignment, layoff, termination or other employment decisions including specificreview of these items with on- site supervisory personnel such as Superintendents,General Foremen, etc., prior to the initiation of construction work at any job site. Awritten record shall be made and maintained identifying the time and place of thesemeetings, persons attending, subject matter discussed, and disposition of the subjectmatter. (8) Disseminate the contractor’s EEO policy externally by including it in any advertising inthe news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractorsand subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and communityorganizations; to schools with minority and female students; and to minority and femalerecruitment and training organizations serving the contractor’s recruitment area andemployment needs. Not later than one month prior to the date for the acceptance ofapplications for apprenticeship or other training by any recruitment sources, thecontractor shall send written notification to organizations such as the above, describingthe opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority personsand women and, where reasonable, provide after school, summer, and vacationemployment to minority and female youth, both on the site and in other areas of a contractor’s work force. (11) Validate all tests and other selection requirements where there is an obligation to doso under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority andfemale personnel for promotional opportunities and encourage these employees toseek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and otherpersonnel practices do not have a discriminatory effect by continually monitoring allpersonnel and employment-related activities toensure that the EEO policy and the contractor’s obligations under these specifications are being carried out. << Page 1>> Packet Page. 668 5 (14) Ensure that all facilities and company activities are non-segregated except thatseparate or single-user toilet and necessary changing facilities shall be provided toassure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts fromminority and female construction contractors and suppliers, including circulation ofsolicitations to minority and female contractor associations and other businessassociations. (16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations. h.Contractors are encouraged to participate in voluntary associations which assist in fulfillingone or more of their affirmative action obligations 3g(1) through (16). The efforts of acontractor association, joint contractor-union, contractor-community, or other similar groupof which the contractor is a member and participant, may be asserted as fulfilling any oneor more of its obligations under 3g(1) though (16) of these specifications provided that thecontractor actively participates in the group, makes every effort to ensure that the grouphas a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority andfemale work force participation, makes a good faith effort to meet its individual goals andtimetables, and can provide access to documentation which demonstrates theeffectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance. i.A single goal for minorities and a separate single goal for women have been established.The contractor, however, is required to provide equal employment opportunity and to takeaffirmative action for all minority groups, both male and female, and all women, bothminority and non-minority. Consequently, the contractor may be in violation of theExecutive Order if a particular group is employed in a substantially disparate manner (forexample, even though the contractor has achieved its goals for women generally, thecontractor may be in violation of the Executive Order if a specific minority group of womenis underutilized). j.The contractor shall not use the goals and timetables of affirmative action standards todiscriminate against any person because of race, color, religion, sec or national origin. k.The contractor shall not enter into any subcontract with any person or firm debarred fromGovernment contracts pursuant to Executive Order 11246. l.The contractor shall carry out such sanctions and penalties for violation of thesespecifications and of the Equal Opportunity Clause, including suspension, termination,and cancellation of existing subcontracts as may be imposed or ordered pursuant toExecutive Order 11246, as amended, and its implementing regulations, by the Office ofFederal Contract Compliance Programs. Any contractor who fails to carry out suchsanctions and penalties shall be in violation of these specifications and Executive Order11246, as amended. m.The contractor, in fulfilling its obligations under these specifications, shall implementspecific affirmative actions steps, at least as extensive as those standards prescribed inParagraph 3g of these specifications, so as to achieve maximum results from its efforts toensure equal employment opportunity. If the contractor fails to comply with therequirements of the Executive Order, the implementing regulations, or these << Page 1>> Packet Page. 669 6 specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). n.The contractor shall designate a responsible official to monitor all employment relatedactivity to ensure that the company EEO policy is being carried out, to be required by theGovernment and to keep records. Records shall at least include for each employee thename, address, telephone numbers, construction trade, union affiliation, if any, employeeidentification number when assigned, social security number, race, sex, status (e.g.,mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hoursworked per week in the indicated trade, rate of pay, and locations at which the work wasperformed. Records shall be maintained in an easily understandable and retrievable form;however, to the degree that existing records satisfy this requirement, contractors shall notbe required to maintain separate records. o.Nothing herein provided shall be construed as a limitation upon the application of otherlaws which establish different standards of compliance or upon the application ofrequirements for the hiring of local or other area residents (e.g., those under the PublicWorks Employment Act of 1977 and the Community Development Block Grant Program). p.The Director, from time to time, shall issue goals and timetables for minority and femaleutilization which shall be based on appropriate work force, demographic or other relevantdata and which shall cover construction projects or construction contracts performed inspecific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the areacovered by the goals and timetables, shall be published as notices in the Federal Register,and shall be inserted by the contracting officers and applicants, as applicable, in the Noticerequired by 41 CFR 60-4.2. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a.Forward the following EEO certification forms to the contract awarding authority prior tocontract award: Certification of Non-segregated Facilities and Certification with Regard tothe Performance of Previous Contracts or Subcontracts Subject to the Equal OpportunityClause and the Filing of Required Reports. b.Submit a notification of subcontracts awarded to the Director, Office of Federal ContractCompliance Programs, United States Department of Labor - ESA, 200 ConstitutionalAvenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award ofany subcontract in excess of $10,000, listing the name, address, and telephone numberof the subcontractor; employer identification number; estimated dollar amount of thesubcontract; estimated starting date and completion dates of the subcontract; and t hegeographical area in which the contract is to be performed. c.Send a notice of the contractor’s commitment to equal employment opportunity to laborunions or representatives of workers prior to commencement of construction work. d.Display an equal employment opportunity poster in a conspicuous place available toemployees and applicants for employment. << Page 1>> Packet Page. 670 7 e.For contracts in excess of $10,000, bind subcontractors to the Federal Equal EmploymentOpportunity requirements by including the provisions of Paragraphs 1 through 3, above,in the subcontract. f.Upon commencement of construction work and until the work is completed, forward theMonthly Employment Utilization Report (Form CC-257) to the contract awarding authorityby the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Areato the monthly report. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) a.The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and theStandard Federal Equal Employment Specifications set forth herein. b.The goals and timetables for minority and female participation, express ed in percentage terms for the contractor’s aggregated work force in each trade on all construction work inthe covered area, are as follows: Goals for Minority and Female Participation in Timetables, Each Trade: 28.3%, 6.9% These goals are applicable to all the contractor’s construction work (whether or not it isFederal or federally assisted) performed in the covered area. If the contractor performsconstruction work in a geographical area located outside of the covered area, it shall applythe goals established for such geographical area where the work is actually performed.With regard to this second area, the contractor also is subject to the goals for both itsfederally involved and non-federally involved construction. The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part60-4 shall be based on its implementation of the Equal Opportunity Clause, specificaffirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employmentand training must be substantially uniform throughout the length of the contract and ineach trade, and the contractor shall make a good faith effort to employ minorities andwomen evenly on each of its projects. The transfer of minority or female employees ortrainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order,and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measuredagainst the total work hours performed. c.The contractor shall provide written notification to the Director of the Office of FederalContract Compliance Programs within ten (10) working days of award of any constructionsubcontract in excess of $10,000 at any tier for construction work under the contractresulting from this solicitation. The notification shall list the name, address, and telephonenumber of the subcontractor; employer identification number of the subcontractor;estimated dollar amount of the subcontract; estimated starting and completion dates ofthe subcontract; and the geographical area in which the contract is to be performed. << Page 1>> Packet Page. 671 8 d.As used in this notice, and in the contract resulting from this solicitation, the covered areais the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically theCounty of Los Angeles, State of California. CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS. a.It is national policy to award a fair share of contracts to Small business and Minority Firms.Accordingly, affirmative steps must be taken to assure that Small Business and MinorityFirms are utilized when possible, as sources of supplies, equipment, construction andservices. Affirmative steps include the following: 1.Including qualified Small Business and Minority Firms on solicitation lists. 2.Assuring that Small Business and Minority Firms are solicited whenever they arepotential sources. 3.When economically feasible, dividing total requirements into smaller tasks orquantities so as to permit maximum Small Business and Minority Firm participation. 4.Where the requirement permits, establishing delivery schedules which will encourageparticipation by Small Business and Minority Firms. 5.Using the services and assistance of the Small Business Administration and theMinority Business Development Agency of the Department of Commerce, as required. 6.If any subcontracts are to be let, requiring the prime contractor to take the affirmativesteps in a1 through a5 above. b.Grantees shall take similar appropriate affirmative action in support of Women’s BusinessEnterprises. c.Grantees are encouraged to procure goods and services from Labor Surplus Areas. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SECTION 503 OF THE REHABILITATION ACT OF 1973. Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and non-personal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from << Page 1>> Packet Page. 672 9 participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended. Covered contracts entered into by any department or agency for the procurement of personal property and non- personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States. AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. << Page 20>> Packet Page. 673 COMPLIANCE WITH CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $150,000) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. << Page 1>> Packet Page. 674 LABOR CODE SECTIONS (1771, 1774, 1775, 1776,1777.5, 1813, AND 1815) §1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the generalprevailing rate of per diem wages for work of a similar character in the locality in which the public work isperformed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixedas provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. §1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not lessthan the specified prevailing rates of wages to all workmen employed in the execution of the contract. §1775.(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or politicalsubdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for eachcalendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by thedirector for the work or craft in which the worker is employed for any public work done under the contract by thecontractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on considerationof both of the following: (i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wageswas a good faith mistake and, if so, the error was promptly and voluntarily corrected when broughtto the attention of the contractor or subcontractor. (ii)Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wageobligations.(B)The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for eachworker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractorto pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptlyand voluntarily corrected when brought to the attention of the contractor or subcontractor. (i)The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof,for each worker paid less than the prevailing wage rate, if the contractor or subcontractor hasbeen assessed penalties within the previous three years for failing to meet its prevailing wageobligations on a separate contract, unless those penalties were subsequently withdrawn oroverturned. (ii)The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, foreach worker paid less than the prevailing wage rate, if the Labor Commissioner determines thatthe violation was willful, as defined in subdivision (c) of Section 1777.1.(C)When the amount due under this section is collected from the contractor or subcontractor, anyoutstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2against that contractor or subcontractor shall be satisfied before applying that amount to the penaltyimposed on that contractor or subcontractor pursuant to this section.(D)The determination of the Labor Commissioner as to the amount of the penalty shall be reviewableonly for abuse of discretion.(E)The difference between the prevailing wage rates and the amount paid to each worker for eachcalendar day or portion thereof for which each worker was paid less than the prevailing wage rateshall be paid to each worker by the contractor or subcontractor, and the body awarding the contractshall cause to be inserted in the contract a stipulation that this section will be complied with. (b)If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate ofper diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties undersubdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified << Page 22>> Packet Page. 675 prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: (1)The contract executed between the contractor and the subcontractor for the performance of work on thepublic works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813,and 1815. (2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages bythe subcontractor to the employees, by periodic review of the certified payroll records of thesubcontractor. (3)Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailingrate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,but not limited to, retaining sufficient funds due the subcontractor for work performed on the public worksproject. (4)Prior to making final payment to the subcontractor for work performed on the public works project, thecontractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that thesubcontractor has paid the specified general prevailing rate of per diem wages to his or her employeeson the public works project and any amounts due pursuant to Section 1813. (C)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractoron that public works project to pay workers the general prevailing rate of per diem wages. §1776.(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, socialsecurity number, work classification, straight time and overtime hours worked each day and week, and the actualper diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her inconnection with the public work. Each payroll record shall contain or be verified by a written declaration that it ismade under penalty of perjury, stating both of the following: (1)The information contained in the payroll record is true and correct. (2)The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any workperformed by his or her employees on the public works project.(b)The payroll records enumerated under subdivision (a) shall be certified and shall be availa ble for inspectionat all reasonable hours at the principal office of the contractor on the following basis: (1)A certified copy of an employee's payroll record shall be made available for inspection or furnished to theemployee or his or her authorized representative on request. (2)A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspectionor furnished upon request to a representative of the body awarding the contract, the Division of LaborStandards Enforcement, and the Division of Apprenticeship Standards of the Department of IndustrialRelations. (3)A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon requestby the public for inspection or for copies thereof. However, a request by the public shall be made througheither the body awarding the contract, the Division of Apprenticeship Standards, or the Division of LaborStandards Enforcement. If the requested payroll records have not been provided pursuant to paragraph(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation bythe contractor, subcontractors, and the entity through which the request was made. The public may notbe given access to the records at the principal office of the contractor.(c)The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement orshall contain the same information as the forms provided by the division. The payroll records may consist ofprintouts of payroll data that are maintained as computer records, if the printouts contain the sameinformation as the forms provided by the division and the printouts are verified in the manner specified insubdivision (a).(d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with theentity that requested the records within 10 days after receipt of a written request.(e)Any copy of records made available for inspection as copies and furnished upon request to the public or anypublic agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor << Page 23>> Packet Page. 676 Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. (f)The contractor shall inform the body awarding the contract of the location of the records enumerated undersubdivision (a), including the street address, city, and county, and shall, within five working days, provide anotice of a change of location and address.(g)The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written noticerequesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fa ilsto comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whosebehalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portionthereof, for each worker, until strict compliance is effectuated. Upon the request of the Division ofApprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheldfrom progress payments then due. A contractor is not subject to a penalty a ssessment pursuant to thissection due to the failure of a subcontractor to comply with this section.(h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate thissection.(i)The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencingwith Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977(Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release ofthese records, including the establishment of reasonable fees to be charged for reproducing copies of recordsrequired by this section. §1777.5. (a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.(b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages forapprentices in the trade to which he or she is registered and shall be employed only at the work of the craftor trade to which he or she is registered.(c)Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that havebeen approved by the Chief of the Division of Apprenticeship Standards and who are parties to writtenapprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to beemployed at the apprentice wage rate on public works. The employment and training of each apprentice shallbe in accordance with either of the following: (1)The apprenticeship standards and apprentice agreements under which he or she is training. (2)The rules and regulations of the California Apprenticeship Council.(d)When the contractor to whom the contract is awarded by the state or any political subdivision, in performingany of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shallemploy apprentices in at least the ratio set forth in this section and may apply to any apprenticeship programin the craft or trade that can provide apprentices to the site of the public work for a certificate approving thecontractor under the apprenticeship standards for the employment and training of apprentices in the area orindustry affected. However, the decision of the apprenticeship program to approve or deny a certificate shallbe subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, uponapproving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor coveredby an apprenticeship program's standards shall not be required to submit any additional application in order << Page 24>> Packet Page. 677 to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e)Prior to commencing work on a contract for public works, every contractor shall submit contract awardinformation to an applicable apprenticeship program that can supply apprentices to the site of the publicwork. The information submitted shall include an estimate of journeyman hours to be performed under thecontract, the number of apprentices proposed to be employed, and the approximate dates the apprenticeswould be employed. A copy of this information shall also be submitted to the awarding body if requested bythe awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractorshall submit to the awarding body, if requested, and to the apprenticeship program a verified statement ofthe journeyman and apprentice hours performed on the contract. The information under this subdivision shallbe public. The apprenticeship programs shall retain this information for 12 months.(f)The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensureequal employment and affirmative action in apprenticeship for women and minorities.(g)The ratio of work performed by apprentices to journeymen employed in a particular craft or t rade on thepublic work may be no higher than the ratio stipulated in the apprenticeship standards under which theapprenticeship program operates where the contractor agrees to be bound by those standards, but, exceptas otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work forevery five hours of journeyman work.(h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when anyjourneyman is employed at the jobsite and shall be computed on the basis of the hours worked during theday by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for thenumber of hours computed as above before the end of the contract or, in the case of a subcontractor, beforethe end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employapprentices during the same time period that the journeymen in the same craft or trade are employed at thejobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of theDivision of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimumratio of not less than one apprentice for each five journeymen in a craft or trade classification.(i)A contractor covered by this section that has agreed to be covered by an apprenticeship program's standardsupon the issuance of the approval certificate, or that has been previously approved for an apprenticeshipprogram in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymenstipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required bysubdivision(g).(j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in thestate on all of his or her contracts on an annual average of not less than one hour of apprentice work forevery five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standardsmay grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section forthat craft or trade.(k)An apprenticeship program has the discretion to grant to a participating contractor or contractor associationa certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting thecontractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditionsis met: (1)Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2)The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of itsjourneymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4)Assignment of an apprentice to any work performed under a public works contract would create acondition that would jeopardize his or her life or the life, safety, or property of fellow employees or thepublic at large, or the specific task to which the apprentice is to be assigned is of a nature that trainingcannot be provided by a journeyman.(l)When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors ina specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be << Page >> Packet Page. 678 required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the CaliforniaApprenticeship Council the same amount that the director determines is the prevailing amount ofapprenticeship training contributions in the area of the public works site. A contractor may take as a creditfor payments to the council any amounts paid by the contractor to an approved apprenticeship program thatcan supply apprentices to the site of the public works project. The contractor may add the amount of thecontributions in computing his or her bid for the contract. (2)At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California ApprenticeshipCouncil shall distribute training contributions received by the council under this subdivision, less theexpenses of the Division of Apprenticeship Standards for administering this subdivision, by making grantsto approved apprenticeship programs for the purpose of training apprentices. The funds shall bedistributed as follows:(A)If there is an approved multiemployer apprenticeship program serving the same craft or trade andgeographic area for which the training contributions were made to the council, a grant to that programshall be made.(B)If there are two or more approved multiemployer apprenticeship programs serving the same c raft ortrade and geographic area for which the training contributions were made to the council, the grantshall be divided among those programs based on the number of apprentices registered in eachprogram.(C)All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray thefuture expenses of the Division of Apprenticeship Standards. (3)All training contributions received pursuant to this subdivision shall be deposited in the ApprenticeshipTraining Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is herebycontinuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of theDivision of Apprenticeship Standards.(n)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate thissection. The stipulations shall fix the responsibility of compliance with this section for all apprenticeableoccupations with the prime contractor.(o)This section does not apply to contracts of general contractors or to contracts of specialty contractors notbidding for work through a general or prime contractor when the contracts of general contractors or thosespecialty contractors involve less than thirty thousand dollars ($30,000).(p)All decisions of an apprenticeship program under this section are subject to Section 3081. §1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalfthe contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution ofthe contract by the respective contractor or subcontractor for each calendar day during w hich the worker isrequired or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar weekin violation of the provisions of this article. In awarding any contract for public work, the awarding body shallcause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of allviolations of this article committed in the course of the execution of the contract and shall report them to theDivision of Labor Standards Enforcement. § 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstandingany stipulation inserted in any contract pursuant to the requirements of said sections, work performed byemployees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permittedupon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2times the basic rate of pay. << Page 26>> Packet Page. 679 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name Contracting Agency Project Number: This is to certify that the principal and the authorized payroll officer(s), listed below, have received and read and a copy of the Federal Labor Standards Provisions (HUD-4010) and a copy of the Contractor’s Guide to prevailing Wage Requirements for Federally-Assisted Construction Projects, and that they understand the labor standards clauses pertaining to the above listed projects. The following person(s) is/are designated as payroll officer for the undersigned and is/are authorized to sign the Statement of Compliance forms which will accompany each weekly payroll report for contractor listed below during the duration of this project. Contractor Subcontractor Business Name License Number Payroll Officer Name (Print) Payroll Officer (Signature) Payroll Officer Name (Print) Payroll Officer (Signature) Name of Person Authorized to Sign (Print) (Authorized Signature) Title Date << Page 27>> Packet Page. 680 EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT (03/31/17) TO: ________________________________ (Name of Labor Union, Workers Representative, etc) ________________________________ (Address) Contractor Name: __________________________________ Project Name: _____________________________________ Project Number: ____________ The Undersigned contractor holds a contract with _____________________________, involving funds provided by the U. S. Government, or a subcontract with a prime contractor holding such contract. Under the provisions included in the contract or subcontract for the above referenced project, and in accordance with Executive Order 11246, the undersigned contractor is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1.Hiring, placement, upgrading, transfer or demotion;2.Recruitment, advertising or solicitation for employment;3.Treatment during employment;4.Rates of pay or other forms of compensation;5.Selection for training, including apprenticeship; and6.Layoff or termination. The undersigned contractor shall abide by the requirements of 41 CFR 60–300.5(a) and 60–741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability; and require affirmative action by prime contractors and subcontractors to employ, and advance in employment, qualified protected veterans and individuals with disabilities. Copies of this notice will made available to worker representatives and be posted by the undersigned in conspicuous places available to employees or applicants for employment. ___________________________________ By: _______________________________________ (Print Name) (Signature) ___________________________________ _______________________________________ (Date) (Title) << Page 28>> Packet Page. 681 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REPORT OF ADDITIONAL CLASSIFICATION AND RATE HUD FORM 4230A OMB Approval Number 2501-0011 (Exp. 8/31/2022) 1. FROM (name and address of requesting agency)2. PROJECT NAME AND NUMBER 3. LOCATION OF PROJECT (City, County and State) 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION Building Heavy Highway Residential Other (specify) 6. WAGE DECISION NO. (include modification number, if any) COPY ATTACHED DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCK-IN): 8. WORK CLASSIFICATION(S)HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) 9. PRIME CONTRACTOR (name, address)9a. Agree Disagree 10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) 9b. SIGNATURE DATE Check All That Apply: The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. The proposed classification is utilized in the area by the construction industry. The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Supporting documentation attached, including applicable wage decision. Check One: Approved, meets all criteria. DOL confirmation requested. One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative (Typed name and signature) Date Log in: Log out: Phone Number HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE << Page 29>> □ □ □ □ □ □ □ I □ I I □ □ □ □ □ I I □ □ Packet Page. 682 BIDDERS QUESTIONNAIRE FORM  Fill out all the following information and submit with Bid Proposal:   Bidder/Contractor’s Name:   Business Address:   Telephone Number:  Email:   California State Contractor’s License Number   and Class:  #:  Class:  Tax Identification Number: DIR Contractor Registration Number:   UEI Number:   Business License: Do you currently have an active  City Business License?           YES       #:          NO   Number of years of experience the company has as a contractor:   DIR Contractor Worker(s) Classification (s)  (e.g. laborer, electrician, cement mason etc.)   Has the company or any principal having an  interest in this Bid ever failed to complete a  project?              YES          NO  If yes, explain:   Has the company or any principal having an  interest in this Bid ever been terminated for  cause, even if was converted to a “termination of  convenience”                      YES          NO  If yes, explain:  Type of Firm:        Individual          Partnership          Limited Liability Company                   Corporation (State               )         Other (specify)   << Page >> I I I I I I I I Packet Page. 683 Minority Business Enterprise(MBE)            Women Business Enterprise (WBE)          Small Disadvantaged Business (SDB)            Veteran Owned Business            Disabled Veteran Owned Business            None Apply  List at least three related projects completed in the last five (5) years:   1.Name of Project:        Contact:  Phone:          Location of Project (City/State):          Contact Amount:  Date Completed:          Brief Description of Work:  2.Name of Project:        Contact:  Phone:          Location of Project (City/State):          Contact Amount:  Date Completed:          Brief Description of Work:  3.Name of Project:        Contact:  Phone:          Location of Project (City/State):          Contact Amount:  Date Completed:          Brief Description of Work:  Surety Company that will provide all Insurance Requirements:   Name of Surety: Address: Surety Company:   << Page 1>> I I I I I I Packet Page. 684 NON-SEGREGATED FACILITIES CERTIFICATION FEDERALLY-ASSISTED CONSTRUCTION PROJECTS The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/herestablishments. 2. Permit his/her employees to perform their services at any location, under his/hercontrol, where segregated facilities are maintained. The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date: ________________________ Project Number: ________________________ Company: ________________________________________________________________________ Address: _________________________________________________________________________ By: ______________________________________________________________________________ Title: ____________________________________________________________________________ << Page 32>> Packet Page. 685 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The …bidder, …proposed sub-contractor, hereby certifies that he/she …has, …has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she …has, …has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: __________ Project Number: _____________ Contract Award: $_______________ Awarding Agency: ________________________________________________________________ Contractor Name: ___________________________________ Total Number of Employees______ Affiliate Company: _______________________________________________________________ By: ___________________________________________________________________________ Title: __________________________________________________________________________ NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF-100 (EEO-1) must be filed by; (A) All private employers who are: (1)Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B)All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b.Serve as a depository of Government funds in any amount, or c.Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. << Page >> Packet Page. 686 Certification for Contracts, Grants, Loans, and Cooperative Agreements (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,00 0 and not more than $100,000 for each such failure. *CONTRACTOR/SUBCONTRACTOR * SIGNATURE:* DATE: Suffix: Middle Name: * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: * First Name: * Last Name: * Title: CERTIFICATION REGARDING LOBBYING (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The undersigned certifies, to the best of his or her knowledge and belief, that: The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. << Page >> I I I I I I I I I I I I I I I I I I Packet Page. 687 WORKER’S COMPENSATION CERTIFICATION I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ________________ Project Number: ________________________ Project Name:____________________________________________________________ Company Name:__________________________________________________________ Address: _______________________________________________________________ Print Name:______________________________________________________________ Title: __________________________________________________________________ Signature: _______________________________________________________________ << Page 35>> Packet Page. 688 CO N T R A C T O R LI S T OF PR O P O S E D SU B C O N T R A C T O R S PRO J E C T NAM E AWA R D I N G AGE N C Y Lo c a t i o n : Pr o j e c t Nu m b e r : SU B C O N T R A C T O R S : Na m e , Ad d r e s s , an d Te l e p h o n e Nu m b e r Em p l o y e r Id e n t i f i c a t i o n Nu m b e r Co n t r a c t o r Li c e n s e Nu m b e r Co n t r a c t Am o u n t Es t i m a t e d St a r t Da t e Es t i m a t e d Co m p l e t i o n Da t e TR A D E S TO BE US E D Si g n a t u r e Na m e an d Ti t l e Da t e Co m p a n y Na m e Packet Page. 689 Declaration of Intent to Comply with Section 3 Requirements Rev. 9.1.21 DECLARATION OF INTENT TO COMPLY WITH SECTION 3 REQUIREMENTS As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers. Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA), he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract. The Section 3 benchmarks apply to all Section 3 covered contracts as follows: •Public housing financial assistance benchmarks: o Section 3 workers: 25% or more for the total number of labor hours worked byall workers employed, and o Targeted Section 3 workers: 5% or more of the total number of labor hoursworked by all workers employed of which is included as part of the 25%threshold in the previous bullet. •Community development financial assistance benchmarks: o Section 3 workers: 25% or more for the total number of labor hours worked byall workers employed on a Section 3 project, and o Targeted Section 3 workers: 5% or more of the total number of labor hoursworked by all workers employed on a Section 3 project of which is included aspart of the 25% threshold in the previous bullet. Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/Proposer non-responsive, and no further consideration for contract award shall be granted. I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above. Name of Contractor/Subcontractor Address Print Name Title Signature Date << Page >> Packet Page. 690 NOTICE OF SECTION 3 COMMITMENT TO: (Name of Labor Union, Workers Representative, etc. (Address) Name of Business (Contractor): Project Name: Project Number: The Undersigned currently holds a contract with involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to the greatest extent feasible, to give opportunities for employment and training to lower income residence of the CDBG-assisted project area and to award contracts for work on the project to business concerns which are located in or are owned in substantial part by project area residence. Regarding employment opportunities for Section 3, the minimum number and job titles are: Number Job Classification Regarding job referrals, request that consideration be given, to the greatest extent feasible, to assignment of persons residing in the service area or neighborhood in which the project is located. The anticipated date the work will begin is . For additional information, you may contact , at ( ) . Contact Person’s Name Title This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. By: (Print Name) (Signature) (Date) (Title) << Page >> Packet Page. 691 Section 3 Business Concern Certification Rev. 9.1.21 SECTION 3 BUSINESS CONCERN CERTIFICATION Business Name: Address: City/State/Zip Code: Telephone Number: Email Address: This business is a Section 3 business concern based on one of the following categories, as documented: A. Business is 51% or more owned by low- or very low-income persons, (Attach a Section 3 Worker Certification(s) for each owner to this certification.) B.Over 75 percent (75%) of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, Provide the following information for the prior three-month period: •Indicate total number of labor hours performed by Section 3 workers: Hours •Indicate total number of labor hours performed by all workers: Hours •Calculate the percentage of labor hours by Section 3 workers: % (Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.) C.Business is 51% or more owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (Attach proof of public housing or Section 8-assisted housing residence.) (NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3 BUSINESS CONCERN.) I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. Signature Title Date TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF This business meets the following category:  51% owned by low- or very low-income persons,  75% of labor hours performed by Section 3 workers, or  51% currently owned and controlled by public housing or Section 8-assisted housing residents. ☐ None of the above. Approved by: (Print Name) Signature: Date: The above-mentioned business firm is not a Section 3 business concern, but commits to the Section 3 goal: Written Commitment (Section 3 Economic Opportunity Plan), outline intentions to comply with the requirements of 24 CFR 75: ( D. << Page >> □ □ □ □ Packet Page. 692 WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. 1 SECTION 3/TARGETED SECTION 3 INCOME CERTIFICATION Printed on: Effective Date: INSTRUCTIONS: All workers shall self-certify and submit this form to the prime contractor or subcontractor, to determine if the individual is a Section 3 worker or Targeted Section 3 worker as defined in 24 CFR Part 75. To determine “Annual (Gross) Income” fill in the blank fields below, then sign this statement to certify that the information is complete and accurate. BASIC INFORMATION: First Name: Last Name: Address: ENTER/SELECT THE APPROPRIATE INFORMATION TO CONFIRM YOUR WORKER STATUS. 1.Are you a resident of public housing or a housing choice Voucher Holder (Section 8)?☐YES ☐NO 2.Are you a Youth Build participant?☐YES ☐NO 3.Do you live within one mile of the Project?☐YES ☐NO DEFINITION OF INCOME: HUD 24 CFR Part 5 Low-income person means individuals whose incomes do not exceed 80 percent of the median income for the area. Very low-income person means individuals whose incomes do not exceed 50 percent of the median family income for the area. To verify Income Limits by Area: https://www.huduser.gov/portal/datasets/il.html#2021 *Please note that HUD updates income limits annually Select the amount of individual income for the previous or annualized calendar year. ☐Less than $20,000 ☐$55,001 – $60,000 ☐$20,001 – $25,000 ☐$60,001 – $65,000 ☐$25,001 – $30,000 ☐$65,001 – $70,000 ☐$30,001 – $35,000 ☐$35,001 – $40,000 ☐$40,001 – $45,000 ☐$45,001 – $50,000 ☐$50,001 – $55,000 ☐More than $70,000 INCOME INFORMATION: Annual gross income (Individual/ One Person) for the previous or annualized calendar year: $ IDENTIFY COUNTY: ☐Los Angeles County ☐Orange County ☐Riverside County ☐San Bernardino County I certify that this information is complete and accurate. I agree to provide, upon request, documentation on all income sources to the HUD Grantee/Program Administrator. Printed Full Name Signature Date: Packet Page. 693 WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. 2 CERTIFICATION THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT (If the employer is certifying on behalf of employee) The above-named person is: An applicant ☐ A permanent full-time ☐ A new hire/employee ☐ What was the individual’s Annual Gross Income for the previous or annualized calendar year? $ This person’s work Classification is: Date of hire: Business Name Printed Name of Owner /Agent Signature of Owner/Agent Date *EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS. THIS SECTION MUST BE COMPLETED BY LABOR COMPLIANCE AGENCY The above individual is (Check the applicable statement below): ☐A Section 3 worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: 1)The worker's income for the previous or annualized calendar year is below the income limit established by HUD. 2)The worker is employed by a Section 3 business concern. 3)The worker is a YouthBuild participant. ☐A Targeted Section 3 worker who currently fits at least one of the following categories, as documented: 1)A worker employed by a Section 3 business concern; or 2)A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: a.Living within the service area or the neighborhood of the project. b.A YouthBuild participant. ☐Not a Section 3 worker or Targeted Section 3 worker. Initial: Packet Page. 694 QUALITATIVE EFFORTS FOR CONTRACTORS ☐ Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. Date of Outreach Effort Address of Outreach Effort ☐ Provided training or apprenticeship opportunities. Date of Training Address of Training ☐ Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Date of Technical Assistance Address of Technical Assistance ☐ Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. Date of Workers Assistance Address of Workers Assistance ☐ Held one or more job fairs. Date of Job Fair Address of Job Fair ☐ Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare). Packet Page. 695 Date of Referral Type of Service Provided or Referred ☐Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. Date of Assistance Type of Educational Assistance Provided ☐Assisted Section 3 workers to obtain financial literacy training and/or coaching. Date of Assistance Type of Training/Coaching Provided ☐Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. Date of Outreach Description of Outreach ☐Provided technical assistance to help Section 3 business concerns understand and bid on contracts. Date of Technical Assistance Name of Business Concern ☐Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. Name of Business Concern ☐Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Name of Business Concern Description of Assistance Packet Page. 696 ☐Promoted use of business registries designed to create opportunities for disadvantaged and small businesses. Date of Activity Name of Business Registry ☐Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act 17. Date of Activity Description of Activity ☐Other: ____________________________________________________________ Date of Activity Description of Activity (Print Name) (Signature) (Date) (Title) Contractor/Subcontractor Name Packet Page. 697 Quantity Unit Unit Price Total Price 1 Mobilization 1 LS 4,000.00$ $4,000.00 2 Remove existing fixtures (toilets, sinks, urinals) in Men's and Women's restrooms 10 EA 100.00$ $1,000.00 3 Remove existing weight mats, punch bags, and their supports/fixtures. Clean the GYM floor before the installation of the new weight mats. 1LS 8,000.00$ $8,000.00 4 Not uses $0.00 5 Remove existing AC condensers (5 ton) including disconnect boxes from the roof (see attached pictures); cap/plug any open lines; cover open area of the roof to prevent rain entering the building until the new AC units are installed 4EA 2,000.00$ $8,000.00 6 Remove the related fan coils from the attic 4EA 2,000.00$ $8,000.00 7 Remove existing asphalt walkway, and ADA asphalt path of travel per plan 1,100 SF 20.00$ $22,000.00 8 Remove existing PCC pad/ walkway at west entrance of the building per plan 338 SF 100.00$ $33,800.00 9 Remove/cut 4 feet of existing fence and curb to allow for ADA path of travel.4LF 500.00$ $2,000.00 10 Remove existing drinking water fountain and cap water line 1 EA 600.00$ $600.00 11 Furnish and install new restroom fixtures (toilets, sinks, urinals).Use Kohler brand fixtures.10 EA 70.00$ $700.00 12 Furnish paint; Patch and paint restroom walls (men's and women's restrooms).Submit type of paint for approval by the city 1LS 16,000.00$ $16,000.00 13 Furnish and install new weight mats on top of the existing floor(2700 sq. ft.) Use “Greatmats” brand, 3/8 inch x 4 ft. wide with blue dots. See attached picture. Re-install the support/fixtures for the punch bags. 1LS 5,000.00$ $5,000.00 14 Install new ac condenser units on the roof, including supporting equipment. Condenser units are provided by the City of San Bernardino (maintenance)4EA 2,000.00$ $8,000.00 15 Furnish and install new fan coils in the attic. Match to existing controls/systems 4EA 6,000.00$ $24,000.00 16 Construct 4” thick PCC walkway (ADA path), including 95% subgrade compaction per plan and specifications. Use concrete class 560-C-3250 1450 SF 100.00$ $145,000.00 17 Furnish and install new fence- post to support the fence 1 LS 2,000.00$ $2,000.00 18 Patch/ repair curb/ gate-post base (see attached picture) 1 LS 3,000.00$ $3,000.00 19 Remove existing double doors on the south and west side of the building, and install new ADA compliant double doors, with panel bars and door closures, including doorbell & wiring. Submit door data sheets to the City for approval. Doors to be vandal proof. 2EA 10,000.00$ $20,000.00 20 Apply 4” wide thermoplastic reflective white Striping, and blue borders for Handicap path per 2023 Caltrans Standard A90A per specification and Project Plans. 1LS 5,000.00$ $5,000.00 21 Construction 4’ x 8’ project sign 1EA 3,000.00$ $3,000.00 22 Furnish paint, and paint men’s and women’s restroom floors with epoxy paint.1LS 8,000.00$ $8,000.00 Apparent Low Bidder 1 $327,100.00 $327,100.00 BID RANKING TOTAL BID AMOUNT INDICATED BY BIDDER BID TABULATION 1. BID TABULATION PROJECT NAME: IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER PROJECT NO: GB 25-007 Bid Item and Description Apparent Low Bidder 1 Perfection Painting Corp TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT S:\ENGINEERING\RFCA's\2025 All\1.15.2025\Award Ruben Campos Community Center\Ruben Campos Bid AnalysisBID TABULATION 1 of 1 Packet Page. 698 Packet Page. 699 Packet Page. 700 Packet Page. 701 Packet Page. 702 Packet Page. 703 Packet Page. 704 Packet Page. 705 Packet Page. 706 Packet Page. 707 Packet Page. 708 Packet Page. 709 Packet Page. 710 Packet Page. 711 Packet Page. 712 Packet Page. 713 Packet Page. 714 Packet Page. 715 Packet Page. 716 Packet Page. 717 Packet Page. 718 Packet Page. 719 Packet Page. 720 Packet Page. 721 Packet Page. 722 Packet Page. 723 Packet Page. 724 Packet Page. 725 Packet Page. 726 Packet Page. 727 Packet Page. 728 Packet Page. 729 Packet Page. 730 Packet Page. 731 Packet Page. 732 Packet Page. 733 Packet Page. 734 Packet Page. 735 Attachment 5 Project Location 700 ft N ➤➤ N Packet Page. 736 20. Award Professional Services Agreement for Safe Streets and Roads for All (SS4A) for Baseline Street Study Analysis to KOA Corporation, for the total project budget amount of $301,000 (Wards 1,2,6,7) Recommendation:  It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee, to execute a design services contract with KOA Corporation for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis, Strategy Design, and Local Roadway Safety Plan. The contract includes $105,700 for community engagement and $174,800 for all other tasks, totaling $280,500.  2. Authorize the Director of Finance & Management Services to allocate a contingency amount of $20,500, ensuring the total project budget for the Safe Streets and Roads for All (SS4A) Baseline Street Study remains within the grant award amount of $301,000.  3. Authorize the Director of Finance & Management Services to approve the use of the Safe Streets and Roads for All (SS4A) Baseline Street Study grant award and match funding, ensuring all expenditures, including the contingency, remain within the total project budget of $301,000.   Packet Page. 737 2 4 7 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Department:Public Works Subject:Award Professional Services Agreement for Safe Streets and Roads for All (SS4A) for Baseline Street Study Analysis to KOA Corporation, for the total project budget amount of $301,000 (Wards 1,2,6,7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee, to execute a design services contract with KOA Corporation for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis, Strategy Design, and Local Roadway Safety Plan. The contract includes $105,700 for community engagement and $174,800 for all other tasks, totaling $280,500. 2. Authorize the Director of Finance & Management Services to allocate a contingency amount of $20,500, ensuring the total project budget for the Safe Streets and Roads for All (SS4A) Baseline Street Study remains within the grant award amount of $301,000. 3. Authorize the Director of Finance & Management Services to approve the use of the Safe Streets and Roads for All (SS4A) Baseline Street Study grant award and match funding, ensuring all expenditures, including the contingency, remain within the total project budget of $301,000. Executive Summary The Safe Streets and Roads for All (SS4A) Grant is designed to benefit the residents of the City by creating a safer, more inclusive environment for pedestrians, cyclists, and the traveling public. The SS4A program supports the development of a Packet Page. 738 2 4 7 7 comprehensive safety action plan, referred to as an "Action Plan," which will enhance roadway safety, improve accessibility for pedestrians, promote active transportation strategies, and support public health initiatives. This agreement will allow the City to issue KOA Corporation a Notice to Proceed, initiating the design process for these improvements. The agreement includes KOA Corporation's design services which encompasses $105,700 for community engagement and $174,800 for other tasks, along with a contingency of $20,500, for a total not to exceed project budget of $301,000. Background The Bipartisan Infrastructure Law (BIL) established the Safe Streets and Roads for All (SS4A) discretionary program with $5 billion in appropriated funds over 5 years, 2022-2026. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. Over $3 billion is still available for future funding rounds. The SS4A program supports the U.S. Department of Transportation's National Roadway Safety Strategy and our goal of zero roadway deaths using a Safe System Approach. The City has applied for and been awarded grant funding for the preparation of Safe Streets and Roads for All (SS4A) through the Caltrans grant program. Completion of SS4A Action Plan is required for the city to be eligible for future Highway Safety Improvement Program (HSIP) funding, SS4A grant Implementation and other federal and state grants. The program supports the development of a comprehensive safety action plan (Action Plan) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. Action Plans are the foundation of the SS4A grant program. SS4A requires an eligible Action Plan to be in place before applying to implement projects and strategies. Baseline St Between Meridian Ave and Tippecanoe Ave is classified in the City of San Bernadino General Plan as a major arterial with a posted speed of mostly 40 MPH and a total segment length of 5 miles. The curb-to-curb width varies with a majority being a minimum of 60 feet. The segment is generally a 4-lane divided highway with two-way center left turn lane along the entire segment. Parking is not permitted along the segment between Meridian Ave to the I-215 Freeway. Parking is permitted along the segment from I-215 Fwy to Tippecanoe Ave. Recently the City has implemented and completed a significant safety improvement project along Baseline Street by upgrading the traffic signals with advanced dilemma’s zone technology to provide an extended red protect feature. Also, these improvements included modernized signal timing to reduce congestion, and replacing the controller cabinets. The SS4A planning grant will expand to include analyzing improvements installing continental crosswalk at the signalized intersections, installing leading Pedestrian Interval to make pedestrian movement more apparent, accessible push-button systems and analyzing protected left turn signals installation Packet Page. 739 2 4 7 7 at high collision locations. Overall, these improvement will guide drivers and pedestrians more effectively through the signalized intersections shown in Table A. Table A -Existing signals Signals along Baseline St: @ Meridian Ave @ University Pkwy @ California St @ Medical Center Dr @ Mt Vernon Ave @ Massachusetts Ave @ Perris St @ H St @ G St @ F St @ E St @ D St @ Arrowhead Ave @ Mt View Ave @ Sierra Way @ Waterman Ave @ Crestview Ave @ Windsor Dr / Myrtle Dr @ Tippecanoe Ave Additionally, the SS4A planning grant will examine the feasibility for the installation of bicycle facilities and traffic calming measures along the entire segment of Baseline St from Meridian Ave to Tippecanoe Ave. This segment of Baseline St is listed in the SBCTA Non-Motorized Transportation Plan (NMTP) for the installation of Class II bike lanes. A total of 435 collisions have taken place in this corridor. The following tables identify and provide breakdown of the type of crashes and the primary crash factor along this segment of Baseline Street. Packet Page. 740 2 4 7 7 Packet Page. 741 2 4 7 7 In order to address these collisions along this segment of Baseline St between Meridian St and Tippecanoe Ave at the non-signalized locations the following measures will be studied during the planning stages: •Corner Extensions/Bulb-out. •Road Diet Measures (Narrow lanes, Rumble Strips) •Evaluating warrants for Rectangle Rapid Flashing beacons (RRFB’s) installation. •High Visibility Crosswalks at Non-signalized locations. •Electronic Speed feedback signs. •Class I, II, and III bike lanes. •Raised Crosswalks at midblock Locations. •Evaluating warrants for Installation of High Intensity Activated Crosswalk Beacon (HAWK) •Evaluating warrants for traffic signal installation at locations with high collision as a result of the cross-street traffic. Packet Page. 742 2 4 7 7 •Evaluation of edge lines. The planning grant should encompass the approach methodology, concept design, costs, data collection, and benefits of the proposed improvements to develop the plan. Also, included in the grant is the Local Roadway Safety Plan (LRSP) amendment and community engagement element. The estimated budget is as follows: Activity Federal Fund Request Total Project cost Federal Fund to underserved community Baseline Rd Study Analysis and Strategy Design $224,800 $281,000 $224,800 LRSP (Action plan) $16,000 $20,000 $16,000 Subtotal Budget $240,800 $301,000 $240,800 As with all Department of Transportation funded aid projects, the City will be required to pay all project costs as they are incurred and seek reimbursement for eligible costs. Discussion Staff advertised a solicitation for design services for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis and Strategy Design on PlanetBids. On October 31, 2024, the City received three proposals from the following firms: 1. KOA Corporation – Ontario, Ca 2. Willdan Engineering – Temecula, Ca 3. Linscott, Law & Greenspan Engineering (LLG) – Irvine, Ca The proposals were evaluated by a staff evaluation team based on qualifications, project-related experience, performance, firm profile, and the personnel/staffing plan outlined in the proposals. Additional evaluation criteria included project references, understanding of the assignment, the proposed work plan, technical ability, and the potential to meet project goals within budget as described in the RFP. The evaluation adhered to the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. Each proposal was scored based on a variety of factors, including proper licensing, conflict of interest, clarity and conformance to the RFP, proposer’s experience and performance, team qualifications, fee proposal alignment, references, and the proposer’s litigation history. Below are the final rankings and scores: 1. KOA Corporation – 94.33% Packet Page. 743 2 4 7 7 2. Willdan Engineering – 91.00% 3. Linscott, Law & Greenspan Engineering (LLG) – 88.33% The selected firm, KOA Corporation, demonstrated the best ability to meet the City's needs and project goals within the approved budget. The agreement with KOA Corporation will include their design services fee totaling $280,500, with a contingency amount of $20,500 to address unforeseen project needs for a not to exceed project budget of $301,000. This contract will enable the City to proceed with the development of the SS4A Baseline Street Study Analysis and Strategy Design utilizing the awarded FY2023 SS4A Program funding. This agreement ensures that the SS4A project will support the City’s goal of creating a safer and more inclusive environment for pedestrians, cyclists, and the traveling public, while meeting the funding and project goals outlined in the grant. 2021-2025 Strategic Targets and Goals This project is consistent with Goal No 4. Improve Quality of Life- Evaluate and enhance the quality of public safety services. Preparing an SS4A provides an opportunity to address unique roadway safety needs in San Bernardino while contributing to the success of the United States Department of Transportation safety projects. Fiscal Impact There is no General Fund Impact. The SS4A grant amount is $301,000, with 80% of this grant ($240,800) being funded by The United States Department of Transportation, with a required 20% ($60,200) local match. Currently the Local Regional Circulation Fund (Fund 263) will be used for the required 20% or $60,200 of the local match Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee, to execute a design services contract with KOA Corporation for the Safe Streets and Roads for All (SS4A) Baseline Street Study Analysis, Strategy Design, and Local Roadway Safety Plan. The contract includes $105,700 for community engagement and $174,800 for all other tasks, totaling $280,500. 2. Authorize the Director of Finance & Management Services to allocate a contingency amount of $20,500, ensuring the total project budget for the Safe Streets and Roads for All (SS4A) Baseline Street Study remains within the grant award amount of $301,000. Packet Page. 744 2 4 7 7 3. Authorize the Director of Finance & Management Services to approve the use of the Safe Streets and Roads for All (SS4A) Baseline Street Study grant award and match funding, ensuring all expenditures, including the contingency, remain within the total project budget of $301,000. Attachments Attachment 1- Design Service Agreement Attachment 2- Proposal, KOA Corporation Attachment 3- KOA Corporation Fee Proposal Ward: First Ward; Second Ward; Sixth Ward; Seventh Ward Synopsis of Previous Council Actions: June 5, 2024 Accept Safe Street and Roads for All (SS4A) Grant (Wards 1, 2, 6, & 7) Packet Page. 745 1 CITY OF SAN BERNARDINO DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA CORPORATION 1. PARTIES AND DATE. This Agreement is made and entered into as February 5, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and KOA Corporation, a California Corporation with its principal place of business at 1100 Corporate Center Dr, Suite 201, Monterey , CA 91754 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California. 2.3 Project. City desires to engage Designer to render such services for the Safe Streets and Roads for All (SS4A) for the Baseline Street Study Analysis ("Project") as set forth in this Agreement. 3. TERMS 3.1 Employment of Designer. 3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Designer shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “D.”] 3.1.2 Term. The term of this Agreement shall be from 15th January, 2025, through July 15, 2026 unless earlier terminated as provided herein. Consultant shall complete Packet Page. 746 2 the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Project Designer; Key Personnel. 3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Frank Berrera (California RSP1) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause. 3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: Principal I Project Manager 3.3 Hiring of Consultants and Personnel. 3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion. Packet Page. 747 3 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law. 3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City. 3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense. 3.4 Standard of Care. 3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein. 3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project. 3.5 Laws and Regulations. Packet Page. 748 4 3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City. 3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement. 3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City. 3.5.5 Water Quality Management and Compliance. (a) Compliance with Water Quality Laws, Ordinances and Regulations. Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be Packet Page. 749 5 implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. (b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (c) Liability for Non-compliance. (i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy. 3.5.6 Air Quality. (a) Compliance with Air Quality Laws, Ordinances, and Regulations. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or Packet Page. 750 6 regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.6 Independent Contractor. 3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.7 Schedule of Services. 3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference. 3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times. 3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement. 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor Packet Page. 751 7 the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time. 3.8 Additional Designer Services. 3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice. 3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement. 3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such Packet Page. 752 8 revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to: (a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents. (c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project. 3.9 City Responsibilities. City’s responsibilities shall include the following: 3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”). 3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information. 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project. 3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must Packet Page. 753 9 be known to determine soil condition or to ensure the proper development of the required drawings and specifications. 3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations. 3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project. 3.9.7 City’s Representative. The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates the City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 3.10 Compensation. 3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Two hundred eighty thousand five hundred dollars ($280,500) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement. 3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3. Packet Page. 754 10 3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000. 3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein. 3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement Packet Page. 755 11 or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control. 3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.10.7 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor. 3.10.9 Retention of Funds. No retainage will be held by the City from progress payments due the Designer. Any retainage held by the Designer or sub-consultants from progress Packet Page. 756 12 payments due sub-consultants shall be promptly paid in full to sub-consultants within 30 days after the sub-consultant’s work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Designer or sub--consultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Designer or sub-consultant in the event of a dispute involving late payment or nonpayment by the Designer, deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE Designer and sub-consultants. 3.11 Notice to Proceed. Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed. 3.12 Termination, Suspension and Abandonment. 3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement. 3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer. 3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense. Packet Page. 757 13 3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.13 Ownership and Use of Documents; Confidentiality. 3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. (a) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). (b) The City may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the Federal Highway Administration shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. 3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes: (a) The construction of all or part of this Project. (b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time; (c) The construction of another project by or on behalf of the City for its ownership and use; City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer. Packet Page. 758 14 Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project. 3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement. 3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City. 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City. 3.14 Indemnification. 3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers. 3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (as that term is defined under Packet Page. 759 15 Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault. 3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so. 3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.15.3 Commercial General Liability (a) The Designer shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract Packet Page. 760 16 (8) Broad Form Property Damage (9) Independent Consultants Coverage (c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. 3.15.4 Automobile Liability (a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status. (d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. 3.15.5 Workers’ Compensation/Employer’s Liability (a) Designer certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Packet Page. 761 17 Designer shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section. 3.15.6 Professional Liability (Errors and Omissions) (a) At all times during the performance of the work under this Agreement the Designer shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Designer. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. 3.15.7 Privacy/Network Security (Cyber (a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. 3.15.8 Aviation and/or Drone Liability (a) At all times during the performance of the work under this Agreement, the Designer shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. 3.15.9 Minimum Policy Limits Required (a) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability $1,000,000 per occurrence limit Packet Page. 762 18 (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 3.15.10 Evidence Required (a) Prior to execution of the Agreement, the Designer shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 3.15.11 Policy Provisions Required (a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Packet Page. 763 19 Further the limits set forth herein shall not be construed to relieve the Designer from liability in excess of such coverage, nor shall it limit the Designer’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 3.15.12 Qualifying Insurers (a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.15.13 Additional Insurance Provisions (a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement. (c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 3.15.14 Subconsultant Insurance Requirements (a) Designer shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 3.16 Retention of Records/Audit. 3.16.1 Records. For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant, sub-consultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate work-papers, and other Packet Page. 764 20 evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Designer’s Independent CPA, shall make such work-papers and materials available at their respective offices at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Designer, sub-consultants, and the Designer’s Independent CPA, that are pertinent to the Agreement for audits, examinations, work-paper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. 3.16.2 Audit Review Procedures. (a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by the City’s Director of Finance & Management Services. (b) Not later than 30 days after issuance of the final audit report, Designer may request a review by the City’s Director of Finance & Management Services of unresolved audit issues. The request for review shall be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by the City will excuse Designer from full and timely performance, in accordance with the terms of this Agreement. (d) Designer and sub-consultant agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Designer’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The agreement, cost proposal, and ICR shall be adjusted by Designer and approved by the City Manager to conform to the audit or review recommendations. Designer agrees that individual terms of costs identified in the audit report shall be incorporated into the agreement by this reference if directed by City at its sole discretion. Refusal by Designer to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. (e) Designer’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Designer and approved by the City Manager to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Designer to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. Packet Page. 765 21 (i) During IOAI’s review of the ICR audit work papers created by the Designer’s independent CPA, IOAI will work with the CPA and/or Designer toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Designer at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: (1) If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. (2) If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. (3) If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If IOAI is unable to issue a cognizant letter per subsection e.1 above, IOAI may require Designer to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Designer’s and/or the independent CPA’s revisions. (iii) If the Designer fails to comply with the provisions of this subsection e, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in subsection e.1 above for all rendered Services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. (iv) Designer may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The DESIGNER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Designer, either as a prime or sub-consultant, with the same fiscal period ICR. 3.17 Standardized Manufactured Items. Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design. Packet Page. 766 22 3.18 Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City. 3.19 Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties. 3.20 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 3.21 Asbestos Certification. Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included. 3.22 No Third Party Rights. This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein. 3.23 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County. 3.24 Exhibits and Recitals. All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth. Packet Page. 767 23 3.25 Severability. Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 3.26 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.27 Safety. 3.27.1 Designer shall comply with OSHA regulations applicable to Designer regarding necessary safety equipment or procedures. Designer shall comply with safety instructions issued by the City Safety Officer and other City representatives. Designer personnel shall wear hard hats and safety vests at all times while working on the construction project site. 3.27.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. Designer shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Designer shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 3.27.3 Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Section. 3.27.4 Designer must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. d 3.28 Harassment Policy. Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request. 3.29 Delivery of Notices. 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: Packet Page. 768 24 CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, California 92401 Attn: City Manager With a Copy to: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney DESIGNER: KOA Corp. 1100 Corporate Center Drive, Suite 201 Monterey Park, Ca 91754 (323)260-4703 Michael Nilsson – Principal Frank Barrera - Project Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.30 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.31 City’s Right to Employ Other Consultants. City reserves right to employ other consultants, including designers, in connection with this Project or other projects. 3.32 Prohibited Interests. 3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 3.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.33 Equal Opportunity Employment. Designer represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non-discrimination shall include, but not be limited to, all activities related to initial Packet Page. 769 25 employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.34 Labor Certification. By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.35 Subcontracting. As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement. 3.36 Supplemental Conditions. Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference. 3.37 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 3.38 Entire Agreement. This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. 3.39 Cost Principles and Administrative Requirements. The Designer agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. Designer also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to the Designer that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Designer to City. When a Designer or sub-consultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. Packet Page. 770 26 3.40 Federal Requirements. Federal funds will be used to fund all or a portion of this Agreement. Designer shall comply with all applicable federal requirements as outlined in Exhibit “D”, attached hereto and incorporated herein by this reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 771 27 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA CORPORATION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney KOA CORPORATION, A Lochner Company Signature Name Title Packet Page. 772 Exhibit A-1 EXHIBIT A DESIGNER’S SCOPE OF SERVICES 1. GENERAL REQUIREMENTS. 1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. 1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A 1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A 1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City. 1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager. The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager. 2. INITIAL PLANNING PHASE. During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters. 2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget. Designer shall use its best judgment in determining the balance between the size, type and quality Packet Page. 773 Exhibit A-2 of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget. 2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners. 3. SCHEMATIC PLAN PHASE. During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 3.1 Funding Documents. Designer shall provide a site plan and all other Project- related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project. 3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction. 3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project. 3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. Packet Page. 774 Exhibit A-3 4. DESIGN DEVELOPMENT PHASE. During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval. 4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”). 4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City. 4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required. 4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project. 5. FINAL WORKING DRAWINGS AND SPECIFICATIONS. During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: Packet Page. 775 Exhibit A-4 (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings. 5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer. 5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based. 5.5 Copies of Final Working Drawings and Specifications and Other Documents. Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local Packet Page. 776 Exhibit A-5 agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 6. CONSTRUCTION CONTRACT DOCUMENTS. During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel. 6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget. 7. BID PHASE. During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents. 7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project. 7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City. 8. CONSTRUCTION PHASE. During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: Packet Page. 777 Exhibit A-6 8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer. 8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors. 8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties. 8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly. 8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines. 8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents. 8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project. 8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly. 8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work. 8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project. 8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. Packet Page. 778 Exhibit A-7 8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed. 8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents. 8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured. 8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector. 8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept. 8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City. 8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in Packet Page. 779 Exhibit A-8 writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items. 8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City. 8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment. 8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project. Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants. 9. AS-BUILT DRAWINGS. During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct. 9.2 Approval. Once City provides Designer with specific written approval of the As- Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail. 9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion. 10. WARRANTY PERIOD. During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: Packet Page. 780 Exhibit A-9 10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. Packet Page. 781 Exhibit B-1 EXHIBIT B FEE AND PHASING/FUNDING SCHEDULES 1. FEE SCHEDULE. Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City. Packet Page. 782 Exhibit B-2 Packet Page. 783 Exhibit B-3 2. PHASING/FUNDING SCHEDULE. Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated: Initial Planning Phase:________ percent (%____) Schematic Plan Phase:________ percent (%____) Design Development Phase: ________ percent (%____) Final Working documents : ________ percent (%____) Packet Page. 784 Exhibit C-1 EXHIBIT C COMPENSATION RATES AND REIMBURSABLE EXPENSES 1. HOURLY COMPENSATION RATES. Attached 2. REIMBURSABLE EXPENSES. Attached 3. ADDITIONAL SERVICES. Additional Services shall be computed at the actual hourly rates in the attachment. 4. ADDITIONAL CONSULTANTS. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus 0%. Owner shall have the authority to review and approve the rates of any such consultants. Packet Page. 785 Exhibit D Exhibit D Federal Requirements INFRASTRUCTURE INVESTMENT AND JOBS (IIJ) ACT FEDERAL GUIDELINES USE OF IIJ AND REQUIREMENTS This Contract may be funded in whole or in part with funds provided by the Infrastructure Investment and Jobs Act – also referred to as the “Bipartisan Infrastructure Law” or “BIL”, Federal Award Identification Number (FAIN): 693JJ32440695 and Assistance Listing Number (formerly known as a CFDA number): 20.939 - Safe Streets and Roads for All Funding , and therefore Contractor agrees to comply with any and all IIJ requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by the Contractor or its subcontractor(s) in any manner that does not adhere to the IIJ requirements shall be returned or repaid to the City. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to Section 24112 of the Infrastructure Investment and Jobs Act of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of Section 24112 of the Infrastructure Investment and Jobs Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). Contractor agrees to comply with the following: A. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered Packet Page. 786 Exhibit D foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. B. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. C. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. D. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389). E. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. F. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Packet Page. 787 Exhibit D G. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement. H. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and the Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such Packet Page. 788 Exhibit D information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, Packet Page. 789 Exhibit D instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. I. Data Collection Requirements – Contractor agrees to collect pre-post data per City, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to City, State or Federal governments upon request. J. Data Submission Requirements - Contractor agrees to furnish data to the City upon request, per City, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. K. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per City, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. L. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Unifo Packet Page. 790 Exhibit D rm Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the City. Contractor agrees to comply with all official guidance regarding the IIJ BIL. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. M. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City. N. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month. O. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by IIJ BIL and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense. P. Contractor shall repay to City any reimbursement for IIJ BIL funding that is determined by subsequent audit to be unallowable under the IIJ BIL within the time period required by the IIJ, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the IIJ BIL, City reserves the right to withhold future payments due Contractor from any source under City’s control. Q. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are Packet Page. 791 Exhibit D inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. R. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. S. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. T. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. U. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. V. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20. W. New Restrictions on Lobbying, Title 31 C.F.R. Part 21. X. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601-4655) and implementing regulations. Y. Applicable Federal environmental laws and regulations. Z. Statutes and regulations prohibiting discrimination include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. j. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. k. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. l. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Packet Page. 792 Exhibit D m. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. AA. Contractor understands that making false statements or claims in connection with the IIJ BIL funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. BB. Any publications produced with IIJ BIL funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number 693JJ32440695 awarded to the City of San Bernardino by the U.S. Department of Transportation.” CC. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. DD. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. EE. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it: i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. j. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. k. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. l. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Packet Page. 793 Exhibit D Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. II. The City must include the following language in every contract or agreement subject to Title VI and its regulations: “The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” FF. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. GG. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. HH. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. II. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later. JJ. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. KK. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Packet Page. 794 Exhibit D LL. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control. MM. As applicable, Contractor shall comply with all federal requirements including, but not limited to, additional contract provisions attached hereto as Appendix “A” and Appendix “B” and incorporated herein by reference. OO. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement and Exhibits. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Packet Page. 795 Exhibit D ANTI-LOBBYING CERTIFICATION (To be submitted with bid) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: ______________________________________________________________ Street address: ________________________________________________________________ ___________________________________________________________________________ City, State, Zip: _______________________________________________________________ Printed Name of Person Signing for Organization: _____________________________________ Title of Person Signing for Organization:_____________________________________________ Signature of Person Signing for Organization:_________________________________________ Packet Page. 796 Exhibit D APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Packet Page. 797 Exhibit D APPENDIX B During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq) Packet Page. 798 Exhibit D Packet Page. 799 89 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SCOPE OF WORK TASK 1: PROJECT MOBILIZATION - MANAGEMENT, COORDINATION, AND ADMINISTRATION Project Management Structure The San Bernardino Baseline Street Study Analysis and Strategy Design for Safe Streets and Roads for All (SS4A) (“Safety Action Plan”) will be led by Frank Barrera, KOA’s designated Project Manager. He will be the primary point of contact and will oversee all Task Leads and Support Staff throughout the project. He will ensure that the project is meeting all timeline deliverables and that there is coordination between Task Leads and Support Staff , as outlined in our team’s organizational chart. He will be supported by Michael Nilsson, KOA’s designated Principal In Charge. As such, Michael will provide general project oversight and deal with any contractual issues with City Staff , ensuring that task deliverables are error- free, on time, and on budget. Michael will have regular check-ins with Frank to oversee how production is happening, if there are any potential issues that need to be dealt with, and develop remedies and contingencies, as needed. With both the Project Manager and Principal In Charge experienced in the development of Local Roadway Safety Plans and SS4A Safety Action Plans, Frank and Michael will coordinate on any administrative tasks, such as meeting agendas, minutes, timelines, and budgeting. KOA’s project manager will coordinate with other Task Leads at a more granular level to ensure that specifi c tasks and subtasks are being completed. He will also work with Support Staff to ensure that any methods and project level assumptions are in line with project goals and expectations for the City. Frank will also be supported by Giuseppe Canzonieri, the teams’ Quality Assurance/Quality Control manager and Walter Okitsu, KOA’s Engineering task lead for project recommendations. Giuseppe and Walter bring decades of successful completion of roadway safety planning projects. Giuseppe will focus on QA/QC of any conceptual designs and project recommendations to ensure that they are feasible to implement from an engineering perspective. As an additional layer of oversight, Walter will collaborate with Frank to ensure the deliverables of planning tasks contain best practices in roadway safety and are context-sensitive to the City of San Bernardino. As a founding member of KOA, Walter’s decades of experience in the industry and his Level 1 and 2 certifi cations as a Road Safety Professional will be valuable to the overall project. All Task Leads will coordinate with Frank to ensure that there is inter-task coordination and optimal production at all levels. The Task Leads will oversee their individual Support Staff and will communicate with City staff on an as-needed basis. TASK 1.1 KICK-OFF MEETING Upon receiving the authorization to proceed, the KOA team will organize and lead a kick-off meeting with the City project manager to initiate the project. This meeting serves are the fi rst step for the formal development of the City of San Bernardino SS4A Action Plan (Action Plan) through the Baseline Street study analysis and strategy design, community engagement, and LRSP amendment project. The kick-off meeting will establish an understanding of expectations and a path towards successful project execution. We will discuss project scope and schedule, as well as the vision and goals for the project. The team will establish staff communication and coordination protocol. In advance of the kick-off meeting, the KOA team will prepare and circulate a draft agenda and incorporate any feedback/comments two days before the scheduled meetings. KOA will also prepare a Data Needs Request Memorandum that lists major items needed to advance the project. These major items include the latest GIS data and key planning documents for background review, a list of known key stakeholders, a capital improvement project list and plans, and the development of any other active transportation policies or campaigns led by or involving the City. After the kick-off meeting, key action items will be identifi ed, and the project schedule will be revised (if needed). The meeting will also include a discussion on the characteristics of existing facilities, potential project issues, and the identifi cation of key project locations. Engagement methods and strategies will also be discussed to determine the appropriate stakeholder and community engagement methods to achieve high participation numbers. KOA will provide meeting notes detailing major decisions and action items resulting from the kick-off meeting. SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Packet Page. 800 90 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK TASK 1.2 PROJECT COORDINATION MEETINGS Project Coordination Meetings KOA will set up and organize monthly virtual project coordination meetings with the City’s project manager over the project’s duration to discuss project progress and milestones and to outline major decision points. KOA will draft agendas and make them available prior to the meeting. Meeting minutes with action items outlined will be distributed following the meetings. They will provide an opportunity to ensure that project milestones are being met, methodologies to project deliverables are discussed, and draft elements/concepts have been reviewed and approved. Additionally, should any issues arise, KOA’s project manager will communicate with the City staff to ensure that they are dealt with in a proactive and timely manner. Any potential risks and challenges will also be identifi ed during the coordination meetings with solutions discussed to ensure project success. Monthly Invoicing and Progress Reports KOA will provide monthly reports and invoices to the City of San Bernardino in accordance with City protocols as well as USDOT Safe Streets and Roads for All (SS4A) invoicing and reporting methodologies. The invoices and progress reports will document current work eff orts, items completed in the previous month, and upcoming work tasks and assignments anticipated in future months. TASK 1.3 GENERAL PROJECT MANAGEMENT Schedule As noted earlier, KOA will revisit the project schedule during the kick-off meeting. The schedule will be shared with the City and will be reviewed monthly to ensure that major milestones are being met. Communication KOA’s Project Manager will maintain ongoing communication with the City’s Project Manager and the rest of the project team. The monthly meetings will provide a great opportunity to ensure that the project is meeting milestones and methodology, and that draft elements/concepts have been reviewed and approved. Additionally, should any issues arise, KOA’s Project Manager will communicate with the City team to ensure that they are dealt with in a proactive and timely manner. Quality Control As with any KOA deliverable, our team ensures that the products provided to our clients are of the utmost quality. As such, we will ensure that any deliverable undergoes a thorough review process and that several senior-level staff members review the products prior to submittal. Should any issues arise, KOA will ensure that all corrections are made, and issues are addressed. TASK 1.4 ESTABLISH PURPOSE, OBJECTIVE AND GOALS OF THE PROJECT KOA will draft a Purpose and Goals memorandum for the SS4A Safety Action Plan after the project kickoff meeting. The memorandum will outline the steps that KOA will take to identify safety emphasis areas and locations with roadway safety issues along the Baseline Street study corridor and select appropriate countermeasures for addressing them. The method will be presented in a fashion so that key stakeholders interested in the project will be able to understand the desired outcomes of the project and procedure for obtaining those outcomes. The memorandum will set up the framework to develop, implement, and evaluate the SS4A Safety Action Plan. The memorandum will be provided to the City for review and to provide comments. KOA will submit a revised Purpose and Goals memorandum upon receiving comments from the City. TASK 1.5 IDENTIFYING STAKEHOLDERS AFFECTED BY THE PROJECT This subtask is discussed in our Scope of Work Task 2 – Stakeholder and Community Engagement. TASK 1.6 DEFINING HOW SAFETY PROBLEMS WILL BE IDENTIFIED This subtask is discussed in our Scope of Work Task 3 – State of the System Review and Task 4 – Crash History Assessment. Packet Page. 801 91 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS TASK 1.7 IDENTIFYING HOW THE LRSP AMENDMENT WILL BE UPDATED This subtask is discussed in our Scope of Work Task 6 – Draft and Final Report. Task 1 Deliverables • 1.1 – Set up kick-off meeting, meeting agenda and minutes, revised project schedule • 1.1 – Data Needs List • 1.2 – Set up monthly Project Coordination meetings • 1.2 – Meeting agendas and minutes • 1.2 – Monthly progress reports and invoices • 1.3 – Maintain ongoing communication with City team • 1.3 – Ensure deliverables undergo a rigorous • 1.4 – Purpose, objective, and goals of the project memorandum TASK 2 – STAKEHOLDER AND COMMUNITY ENGAGEMENT Involving diverse stakeholders, including residents, local businesses, and community groups ensures that a comprehensive range of perspectives is considered in the development of the project. Katherine Padilla & Associates (KPA) will lead the stakeholder and community engagement tasks, with support from KOA, and coordination with City staff . The team will identify key stakeholders and organize public and key stakeholder meetings. Anticipated stakeholders may include San Bernardino City Unifi ed School District (SBCUSD) and local school representatives, the San Bernardino Police Department, transit operators (Omnitrans), community organizations, and community members residing along or near the project study corridor. The KOA team will work with City staff to ensure that engagement with underserved communities, including low-income, ethnic minorities, people with Limited English Profi ciency (LEP), and persons with disabilities will be a major focus of the outreach program. SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Packet Page. 802 92 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK TASK 2.1 STAKEHOLDER LIST KPA, in partnership with KOA and in coordination with City staff , will create a stakeholder list of local schools, businesses, homeowner’s associations, and community groups that should be informed about the outreach eff ort. This list will be utilized to announce information about the project that is available for review, share online surveys on the project webpage, and allow interested stakeholders to provide a comment or ask questions related to the project. The list will consist of e-mail addresses and phone number information for each stakeholder. The stakeholder list can be expanded and modifi ed as the outreach eff ort progresses. KPA will also create a project email address that will be monitored to respond to stakeholder and community member questions/comments, with support from KOA. TASK 2.2 PROJECT WEBPAGE KOA shall develop a project webpage to provide a resource that includes, but is not limited to, project description and background, including goals and objectives; project milestones; and space to provide information about the project and gather community feedback. The webpage will be available in both English and Spanish to ensure that all stakeholders can engage with the project. KOA shall be responsible for updating the project webpage as approved by the City. The project webpage may be provided on the City’s existing website or serve as a stand-alone website. Upon the close of the project, KOA shall deactivate the website. TASK 2.3 GENERAL PROJECT SURVEY A general project survey will be developed and administered by the KOA team. An electronic and paper version will be made available in both English and Spanish. The electronic survey will be accessible through the project webpage and paper versions will be distributed during public and stakeholder meetings. The KOA team will work with City staff to provide a link to the survey on the City’s website. Upon the close of the survey eff ort, KOA will analyze the survey results and present the conclusions to stakeholders and project team members. Conclusions drawn from the surveys will be incorporated into project recommendations. TASK 2.4 ONLINE MAPPING TOOL KOA will develop an online mapping tool using ArcGIS to collect location-specifi c feedback from the public and key stakeholders, available in both English and Spanish. This tool will help identify certain issues in key areas and assist the Project Team in developing recommendations that will enhance safety along the corridor. Packet Page. 803 93 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK TASK 2.5 OUTREACH MATERIALS (FLYERS AND FACT SHEET) KPA, in partnership with KOA and in coordination with City staff , will develop collateral materials to support engagement eff orts and enhance feedback collection. This will include creating project fl yers, a fact sheet, and other printed materials as needed. All outreach materials will also be available in English and Spanish. TASK 2.6 SOCIAL MEDIA KPA, in partnership with KOA and in coordination with City staff , will create social media graphics and content to help increase project awareness within the community. Social media graphics and content will be used for posting on the City’s Instagram, X, Facebook, and other online platforms. Posts will be in both English and Spanish and will include information on how to get involved with the project, details about upcoming public meetings, and updates on the project’s progress. Social media posts may also be shared with local schools located along the project study corridor for posting on their platforms, including Peachjar. TASK 2.7 PUBLIC AND STAKEHOLDER MEETINGS KPA, in partnership with KOA and in coordination with City staff , will organize logistics and facilitate three (3) public and stakeholder meetings with the option to conduct a fourth meeting if necessary. All meetings will be held in person at a location that is accessible to the public and verifi ed by City staff . To maximize attendance, details for each meeting will be posted on the project webpage and the City’s social media platforms, distributed though e-blasts, and be shared with local schools via fl yers. Bilingual Spanish-speaking staff will also be present at each meeting to address language needs. Summaries at the conclusion of each meeting will also be shared with the Project Team. TASK 2.8 ENGAGEMENT SUMMARY KOA, in partnership with KPA, will develop a summary of the outreach activities conducted and the feedback received which will be included within the Final Report for the study analysis and LRSP amendment. Information will be presented in an easy-to-read format by including infographics, images, and tables that summarize the collected input. Packet Page. 804 94 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Task 2 Deliverables • 2.1 – Stakeholder List • 2.2 – Project Webpage • 2.3 – General Project Survey • 2.4 – Online Mapping Tool • 2.5 – Outreach Materials »One (1) Project Fact Sheet »Up to four (4) fl yers, with one for each public and stakeholder meeting • 2.6 – Social Media »Up to six (6) social media graphics with content for posting to enhance project awareness in the community • 2.7 – Public and Stakeholder Meetings »Three (3) public and stakeholder meetings, with a fourth optional meeting to be conducted if needed »Three (3) meeting summaries, with one following each meeting • 2.8 – Engagement Summary TASK 3 – STATE OF THE SYSTEM REVIEW TASK 3.1 STATE OF THE SYSTEM REVIEW For the Plan to be both an eff ective policy document and a guide for implementing projects, KOA will take a holistic view of how programs, practices, and policies related to safety operate within the City and nearby communities. The initial step in assessing the current state of the City’s transportation policy and planning documents and regulatory frameworks is to establish an understanding of the policies and priorities. KOA will review the existing related documents, such as the latest General Plan, Downtown Specifi c Plan, City’s Systemic Safety Analysis Report (SSAR), Active Transportation Plan (ATP), Local Roadway Safety Plan (LRSP), and other City-specifi c documents and other recent traffi c or mobility studies aff ecting the Baseline Street study corridor and the development of the City’s SS4A Safety Action Plan. With direct involvement in the development of the documents mentioned above, KOA will be able to conduct a thorough and expedited review through our deep familiarity of City policies. KOA will identify opportunity areas for developing safety improvements addressing any of the four E’s of traffi c safety (Enforcement, Education, Emergency Response, and Engineering) and coordinate with City Staff to understand the priorities and funding availability of planned projects, which will help our team in prioritizing safety countermeasures/ projects. As the City of San Bernardino shares many regional corridors with the City of Rialto, City of Highland, and the County of San Bernardino, KOA will also conduct extensive research of current relevant documents for adjacent jurisdictions that include their circulation elements and any existing or in-progress active transportation plans that aff ect the Baseline Street study corridor. In addition to City-specifi c transportation plans and nearby jurisdiction plans, the KOA team will review regional plans, such as SCAG’s Regional Transportation Plan (Connect SoCal 2024), the San Bernardino County 2023-2028 Strategic Plan, and ongoing environmental studies for large projects. KOA will use these plans and policies to form a baseline regarding transportation programs and safety improvements that might be needed corridor-wide for the Baseline Street study corridor. Task 3 Deliverables • 3.1 – Conduct literature review • 3.1 – Summary of literature review in Draft and Final Plan Packet Page. 805 95 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK TASK 4 – CRASH HISTORY ASSESSMENT TASK 4.1 CRASH DATA COLLECTION KOA will obtain the most recent and available fi ve years of collision data from available sources such as the Statewide Integrated Traffi c Records System (SWITRS), the Transportation Injury Mapping System (TIMS), and the City’s collision database for the Baseline Street study corridor. Our team has extensive experience working with various databases and the interrelation among attributes. In addition, KOA will reference supplemental information from City records such as a complaint database, police reports, and citation tickets, if available. Tra ffi c volume is essential in the calculation of roadway segment crash rates. KOA will work closely with the City to obtain average daily traffi c (ADT) volumes and intersection turning movement counts from the City’s database or recent studies, such as the Engineering and Traffi c Survey, traffi c impact studies, and other such studies. KOA will coordinate with City staff to obtain available documents and data (such as traffi c volumes, speed surveys, roadway classifi cations, and other relevant data) for consideration when identifying safety measures for appropriate application at identifi ed locations along the Baseline Street study corridor. TASK 4.2 COLLISION ANALYSIS KOA will conduct an in-depth analysis of the SWITRS data for the past fi ve years. SWITRS includes collisions of all severity levels, including property damage only collisions, while TIMS only collects collisions that result in injuries and fatalities. For fatal and severe collisions, KOA will request collision reports from the City’s law enforcement services department, which provide in-depth information related to driving behavior and other information that is not included or not as detailed in the TIMS/SWITRS data. Through the collision data analysis, KOA will identify prominent collision patterns, which will include a combination of collision type, location type (signals vs. mid-block), Primary Collision Factors (PCFs), involved parties, movements preceding the collisions, lighting conditions, and others. KOA will also identify trends related to shifts in crash type and contributing factors. School Collisions Map, San Bernardino LRSP, KOA Packet Page. 806 96 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS KOA will rank the intersections and roadway segments within the Baseline Street study corridor by collision frequency and Equivalent Property Damage Only (EPDO) scores, which generally refl ect an order of magnitude diff erence between the societal costs of fatal and severe injury crashes versus non-severe injury crashes. This practice helps our team identify prioritized locations for fi eld review. The goal is to identify high crash concentration locations and similar intersections that may not have the same crash history but share similar risk factors. Using the KOA in-house VBA-enabled Excel Workbook Collision Analysis Tool and 5-year SWITRS data gives us a snapshot of the recent crash history by looking at the data in various ways. Figure 1 illustrates the homepage of the KOA in-house collision tool developed to quickly and effi ciently analyze collision factors, trends, hot spot locations, and various other factors that help develop the emphasis areas for in-depth analysis. SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Figure 1 TASK 4.3 IDENTIFY SAFETY EMPHASIS AREAS Emphasis (or challenge) areas represent crash factors that are common in the City and along the Baseline Street study corridor and provide the opportunity to identify countermeasures that will reduce the largest number of traffi c injuries with strategic investment. Emphasis areas will be selected based on the vision and goals of the planning process and can be compared with the trends and patterns identifi ed in the safety analysis of the Baseline Street study corridor. KOA team members will analyze the fi ve-year crash data to identify the top emphasis areas of the Baseline Street study corridor. Our team will evaluate at least four (4) key emphasis areas identifi ed in the safety analysis and through conversations with key project stakeholders and identify contributing factors to each as well as potential countermeasures. TASK 4.4 PRIORITIZATION OF HIGH COLLISION LOCATIONS The KOA team will use TIMs data to evaluate Equivalent Property Damage Only (EPDO) by assigning weighting factors to crashes based on injury level to develop a property damage only score. This fi gure is then divided by the injury cost for a property damage only crash. The resulting fi gure allows all locations on the Baseline Street study corridor to be compared based on injury crash costs. From this analysis, we will evaluate whether the outcomes of crashes (severity of injury, complaints of pain, fatalities, etc.) and the type of crash (rear end, head on, sideswipe, etc.) are overrepresented compared to segments and intersections with similar characteristics. We will use this approach to identify the top high- collision intersections and top high-collision roadway segments of the Baseline Street study corridor. Packet Page. 807 97 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Task 4 Deliverables • 4.1 – List of the fi ve-year crash data • 4.2 – Summary of the collision analysis fi ndings included in the draft and fi nal Plan • 4.3 – Summary of the identifi ed emphasis areas of the Baseline Street study corridor • 4.4 – Prioritization list of high collision locations on Baseline Street TASK 5 – COMPREHENSIVE SAFETY, DATA AND INFRASTRUCTURE ANALYSIS TASK 5.1 EQUITY ANALYSIS Equity and underserved communities will be a focus of analysis in the fi nal SS4A Safety Action Plan, and we will overlay data from CalEnviroScreen and other commonly utilized indicators for grant funding programs (e.g., Healthy Places Index, Free and Reduced Priced Lunches, as well as USDOT’s Historically Disadvantaged Communities, Areas of Persistent Poverty, Justice40 and the Climate and Economic Justice Screening Tool (CEJST) to identify higher priority areas that are located within disadvantaged communities within the Baseline Street study corridor surrounding areas. This analysis can be used to identify areas that may be prioritized for implementation of infrastructure based on the goal of creating an equitable active transportation system. A series of GIS-based maps that document and summarize several community characteristics will be prepared for the project area. Our GIS team will work with the City to determine the most appropriate format and ensure layout consistency. TASK 5.2 IDENTIFY COUNTERMEASURES AND PROJECT OPPORTUNITIES Based on information gathered during our engagement (Task 2) and collision history assessment (Task 4), KOA will map priority areas and the locations along the Baseline Street study corridor to improve transportation safety issues. Through these eff orts, KOA will identify tailored countermeasures that will seek to address the infrastructure defi ciencies identifi ed by the stakeholders, community, and the collision analysis. The KOA team will analyze the following potential countermeasures for the Baseline Street study corridor to identify solutions that best address the specifi c issues identifi ed along the corridor: • Corner extensions/bulb-outs • Road diet measures (narrow lanes, rumble strips) • Evaluating warrants for Rectangular Rapid Flashing Beacons (RRFB’s) intersections • High visibility crosswalks • Electronic speed feedback signs • Class I, II, and III Bike Lanes • Leading Pedestrian Interval (LPI) signal phasing • Raised Crosswalks at midblock locations • Evaluating warrants for High-Intensity Activated Crosswalk Beacon (HAWK) installations • Evaluating warrants for traffi c signal installations at locations with high collisions as a result of cross-street traffi c • Evaluation of edge lines The KOA team will identify and develop a comprehensive list of strategies for each emphasis area of the Baseline Street study corridor. These strategies and countermeasures will focus on a Safe System Approach, eff ective interventions, and consider multidisciplinary activities. To the extent practical, data limitations are identifi ed and mitigated. The countermeasures and strategies will include those that are identifi ed as FHWA Proven Safety Countermeasures and NHTSA’s Countermeasures that Work. A matrix will be developed that includes these countermeasures and strategies. It will include the Crash Modifi cation Factor (CMF) or NHTSA star rating, if available, the application (e.g., spot, corridor, systemic) and priority location, cost threshold (e.g., low, medium, high), emphasis area, and source (e.g., workshop input, SHSP). It will also include a lead agency and potential partners. The KOA team will consider the impacts and cost/benefi t of the recommended countermeasure. The Team will provide a matrix of potential countermeasures to respond to the experienced crash types and the location where they occurred. Packet Page. 808 98 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS TASK 5.3 LIST OF PRIORITIZED PROJECTS AND CONCEPT DESIGNS The KOA team will create an implementation matrix that includes a prioritized list of strategies and countermeasures for the Baseline Street study corridor high-crash and/or high-risk locations, with funding sources identifi ed. Concept designs and cost estimates will be developed for the identifi ed infrastructure improvements on the Baseline Street study corridor. These concept designs for the priority projects will be developed as fact sheets that can be utilized for future grant applications to implement the projects. TASK 5.4 EVALUATION METRICS The KOA team will work with the City of San Bernardino to identify key performance metrics that will help to inform stakeholders, elected offi cials, and the public of the City’s progress towards meeting program goals, including zero fatal and severe injury crashes. Metrics may include mitigation eff orts (number of safety improvements implemented), and estimated reduction of fatal and severe injury crashes. The data sources and reporting templates will be developed and submitted for approval. Safety Action Plan Implementation and performance tracking will be made available through a public interactive performance dashboard. Our team has developed interactive dashboards using tools such as PowerBI to provide key statistics in an easy-to-understand manner. The dashboard will be hosted via the project webpage along with all project plans for transparency. Task 5 Deliverables • 5.1 – Equity analysis maps and summary included in the draft and fi nal Plan • 5.2 – List of countermeasures and opportunities • 5.3 – List of priority projects and concept designs • 5.4 – Evaluation metrics summary included in the draft and fi nal Plan SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK Concept Design Plan, San Bernardino LRSP, KOA Packet Page. 809 99 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK TASK 6 – DRAFT AND FINAL REPORT TASK 6.1 DRAFT SAFETY ACTION PLAN KOA will document and compile all deliverables that were reviewed, analyzed, created, and designed from Tasks 2-5 and prepare the Draft Safety Action Plan. This document will include a comprehensive safety vision, with a focus on action for strategic implementation of projects identifi ed for the Baseline Street study corridor. It will also include concept designs on the identifi ed infrastructure improvements developed from the various analyses and stakeholder/community engagement feedback. The draft Safety Action Plan will be submitted to the City for review before the last stakeholder and community engagement event to receive feedback on the Plan. PREPARATION OF ONE GRANT APPLICATION Once the team completes the project prioritization process, an infrastructure project will be selected for a grant application through coordination with the City’s project manager. The team will coordinate with the City’s project manager to identify the most appropriate grant application, either the Highway Safety Improvement Program (HSIP) or the Safe Streets and Roads for All (SS4A) grant programs and based on the grant submittal deadlines. KOA will coordinate with the City to prepare all information and exhibits required for the project selected for the preparation of either the HSIP or SS4A grant application. KOA will provide a data request list to the City to obtain any additional information needed for the application that is not available through the development of the Baseline Street Study Analysis. This may include, depending on the project and grant application type: • Traffi c volume and ADT • Previous grant applications information • Existing fi eld photos of the project area • Completion of grant required forms • Signatures on fi nal grant application forms KOA will fi ll out the grant application with project data and draf t the grant application narratives and other information required for the grant application. KOA will clarify any details needed for the grant application with the City, such as the project description, project identifi cation, location history, and project schedule. KOA will provide advice on schedule to ensure the project meets all relevant grant deadlines. KOA will submit all grant materials in PDF format to the City for review. KOA will make one round of revisions based on City comments. KOA will then fi nalize the application and provide all grant application materials to the City for fi nal submittal. TASK 6.2 FINAL SAFETY ACTION PLAN Upon receipt of comments by stakeholders, staff , and City staff , KOA will develop the Final Plan. The Safety Action Plan will be developed to satisfy the eight components of the SS4A Safety Action Plan as described in USDOT’s Self Certifi cation Checklist for SS4A Action Plan compliance as described in the scope of work section of the City’s Request for Proposals. The Plan will include information on methodology, project selection, prioritization, cost estimates, concept designs, and funding sources to implement project recommendations, and a timeline for implementation. Task 6 Deliverables • 6.1 Draft Safety Action Plan • 6.1 Preparation of One Grant Application • 6.2 Final Safety Action Plan Packet Page. 810 100 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SECTION 7 | PROPOSED METHOD TO ACCOMPLISH THE WORK INNOVATIVE OR ADVANCED TECHNIQUES The list below describes a number of innovative tools/methodologies that KOA has created or utilized in completing similar projects: 1. KOA Collision Tool: An Excel-based tool that was developed by KOA to process and compile both SWITS and TIMS collision data locally and regionally. This can also be used with Crossroads data. This tool converts raw collision attributes into meaningful statistics and identifi es top collision intersections and roadways. This tool is used on Local Roadway Safety Plans (LRSP), SS4A Action Plans and is highlighted in this proposal. 2. In-House Active Transportation Network Selection Model: KOA has developed an automated network selection model that utilizes an array of existing conditions datasets to select high-priority transit, bicycle, and pedestrian corridors. The purpose of these tools is to use a data-driven approach when recommending improvements. We have used this tool for active transportation plans. 3. ArcGIS Hub: ArcGIS hub is an easy-to-confi gure cloud platform that organizes people, data, and tools to accomplish project initiatives and goals. We have used this tool for many types of planning projects. KOA used ArcGIS Hub as a project website for Ontario ATP which can be found at this link – https://tinyurl.com/md9wmy3h 4. Rise 360 (by Articulate): A web app that is used as an e-learning public outreach tool. The creation of a web- based learning module allows online users to learn more about project history and background, interactively preview preliminary improvement concepts, and submit feedback on proposed recommendations. This web app is of high value in times when public outreach is constrained (COVID-19). KOA developed one for the Garden Grove Active Downtown Plan to acquire feedback about specifi c project treatments, and showcasing project updates and considerations – https://tinyurl.com/ywm8pmfe 5. ArcGIS StoryMaps: Story authoring web-based application that enables the user to bridge a narrative or story with multimedia content such as videos, photos, or maps. StoryMaps are dynamic and intuitive and allow the user to harness the full potential of a story. KOA has used StoryMaps for interviews and project presentations. Here is an example of one we created for Riverside – https://tinyurl.com/54pn9nha 6. Bicycle Level of Traffi c Stress (LTS) and Pedestrian Level of Comfort (LOC): One of the transportation industry’s best practices for analyzing the comfort and connectivity of bicycle and pedestrian networks. KOA has built upon traditional industry standards and developed their own LTS/LOC methodologies, analyzing a multitude of existing conditions datasets (posted speed, number of travel lanes, AADT, roadway classifi cation, bicycle facilities, sidewalk presence). This model is applied at both the segment and census block level. 7. Intersection Pedestrian Level of Comfort Analysis (ILOC): An in-house tool/methodology developed by KOA – a point-based model of pedestrian and user experience within and along formal crosswalks or crossing designations. Pairs nicely with pedestrian LOC because it looks at the intersection in conjunction with the segment. 8. Use of GoToMeeting, Microsoft Teams, and Other Platforms for Presentations: These programs are used to host various project workshops, outreach meetings, project progress meetings, and other communications when a face-to-face meeting is not possible. Packet Page. 811 101 CITY OF SAN BERNARDINOPROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS 1 1.1 Kick-off Meeting 1.2 Project Coordination Meetings 1.3 General Project Management 2 2.1 Stakeholder List 2.2 Project Website 2.3 General Project Survey 2.4 Online Mapping Tool 2.5 Outreach Materials (Flyers and Fact Sheet) 2.6 Social Media 2.7 Public and Stakeholder Meetings 2.8 Engagement Summary 3 3.1 Policy Review and Analysis 3.2 Identify Opportunity Areas 4 4.1 Collision Data Collection 4.2 Collision Analysis 4.3 Identify Emphasis Areas 4.4 Prioritization of High Collision Locations 5 5.1 Equity Analysis 5.2 Identify Countermeasures and Project Opportunities 5.3 List of Prioritized Projects and Concept Designs 5.4 Evaluation Metrics 6 DRAFT AND FINAL REPORT 6.1 Draft Safety Action Plan 6.1 Final Safety Action Plan Task In-Progress Client Review/Deliverables Submission AU G 2025 SE P OC T COMPREHENSIVE SAFETY, DATA, AND INFRASTRUCTURE ANALYSIS PROJECT SCHEDULE PROJECT MANAGEMENT, COORDINATION, AND ADMINISTRATION STAKEHOLDER AND COMMUNITY ENGAGEMENT STATE OF THE SYSTEM REVIEW CRASH HISTORY ASSESSMENT JA N FE B MA R AP R MA Y JU N JU L PROJECT SCHEDULE Packet Page. 812 FEE PROPOSAL FOR THEBASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS CITY OF SAN BERNARDINO OCTOBER 31, 2024 Exhibit A Packet Page. 813 1CITY OF SAN BERNARDINOFEE PROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS Exhibit A VENDOR QUOTE FORM VENDOR NAME: ADDRESS: PHONE: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: Baseline Street Study Analysis and Strategy Design LRSP (Action Plan) Amendment and Community Engagement The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Item No. Description Quantity Unit Cost Lump Sum Amount $____ ____ $____ ____ $____ ____ $____ ____ $____ ____ $____ ____ $____ ____ TOTAL VENDOR QUOTE $____ ____ Total Number of Additional Pages: Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate: Personnel Specify Exact Title of Position assigned Hourly Rate Staff Manager (or similar) $ 330 _ Staff Associate (or similar) $ 250 _ I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By:________________________________________Title: _________________________________ (Authorized Representative Signature) Print Name: __________________________________________ KOA Corporation 333 S. Anita Drive, Suite 800, Orange, CA 92868 (714) 573-0317 Principal Michael Nilsson, AICP CTP Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Project Management, Coordination, & Administration Stakeholder and Community Engagement State of the System Review Crash History Assessment Comprehensive Safety, Data, & Infrastructure Analysis Draft and Final Report 32,100 105,700 8,700 29,840 73,260 30,900 280,500 Principal I Project Manager 0 VENDOR QUOTE FORM Exhibit A Packet Page. 814 2CITY OF SAN BERNARDINOFEE PROPOSAL FOR BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS SUB- CONSULTANTS Principal I Project Manager Senior Engineer Engineer Associate II Engineer Associate I Planner III Planner I Katherine Padilla & Associates Katherine Padilla & Associates Hourly Rates (Fully Burdened)$330.00 $250.00 $200.00 $160.00 $140.00 $180.00 $140.00 Services Other Direct Costs Kick-off Meeting 2 4 2 8 $2,020.00 $1,200.00 $3,220.00 Project Coordination Meetings $2,360.00 $2,360.00General Project Management 16 72 18 106 $26,520.00 $26,520.00SUBTOTAL187620114$28,540.00 $3,560.00 $32,100.00 Stakeholder List 1 1 3 6 11 $1,960.00 $3,740.00 $5,700.00 Project Webpage 1 2 8 20 31 $5,070.00 $5,070.00 General Project Survey 1 2 6 12 21 $3,590.00 $6,840.00 $10,430.00 Online Mapping Tool 1 2 4 22 29 $4,630.00 $4,630.00 Outreach Materials (Flyers and Fact Sheet)2 2 6 12 22 $3,920.00 $15,000.00 $18,920.00 Social Media 2 2 4 8 $1,420.00 $13,620.00 $15,040.00 Public and Stakeholder Meetings 2 30 32 8 72 $1,000.00 $16,040.00 $19,480.00 $4,000.00 $39,520.00 Engagement Summary 1 4 14 4 23 $4,410.00 $1,980.00 $6,390.00 SUBTOTAL 9 45 75 88 217 $1,000.00 $41,040.00 $60,660.00 $4,000.00 $105,700.00 Policy Review and Analysis 2 2 18 22 $3,680.00 $3,680.00 Identify Opportunity Areas 2 4 24 30 $5,020.00 $5,020.00 SUBTOTAL 4 6 42 52 $8,700.00 $8,700.00 Collision Data Collection 2 16 18 $2,740.00 $2,740.00 Collision Analysis 2 8 80 90 $13,860.00 $13,860.00 Identify Emphasis Areas 2 24 26 $3,860.00 $3,860.00 Prioritization of High Collision Locations 2 8 48 58 $9,380.00 $9,380.00 SUBTOTAL 4 20 168 192 $29,840.00 $29,840.00 Equity Analysis 2 8 16 48 74 $12,260.00 $12,260.00 Identify Countermeasures and Project Opportunities 6 8 16 32 60 122 $400.00 $20,460.00 $20,460.00 List of Prioritized Projects and Concept Designs 2 4 24 120 48 32 230 $36,860.00 $36,860.00 Evaluation Metrics 2 2 18 22 $3,680.00 $3,680.00 SUBTOTAL 12 22 40 120 80 16 158 448 $400.00 $73,260.00 $73,260.00 Draft Safety Action Plan 6 18 24 80 128 $22,000.00 $22,000.00 Final Safety Action Plan 2 8 16 24 50 $8,900.00 $8,900.00 SUBTOTAL 8 26 40 104 178 $30,900.00 $30,900.00 TOTAL BASE SERVICES 55 195 40 120 80 151 560 1201 $1,400.00 $212,280.00 $64,220.00 $4,000.00 $280,500.00 Lump Sum NTE TASK 5: COMPREHENSIVE SAFETY, DATA, AND INFRASTRUCTURE ANALYSIS FEE PROPOSAL CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS BASELINE STREET STUDY ANALYSIS AND STRATEGY DESIGN FOR SAFE STREETS AND ROADS DELIVERABLES TEAM TOTALTotal Hours Other Direct Costs KOA TOTAL BASE SERVICES TASK 1: PROJECT MANAGEMENT, COORDINATION, AND ADMINISTRATION TASK 2: STAKEHOLDER AND COMMUNITY ENGAGEMENT TASK 3: STATE OF THE SYSTEM REVIEW TASK 4: CRASH HISTORY ASSESSMENT TASK 6: DRAFT AND FINAL REPORT FEE PROPOSAL Exhibit A Packet Page. 815 www.koacorp.com LOS ANGELES | CORPORATE OFFICE1100 Corporate Center Drive, Suite 201Monterey Park, CA 91754(323) 260-4703 ORANGE COUNTY OFFICE333 S. Anita Drive, Suite 800Orange, CA 92868(714) 573-0317 INLAND EMPIRE OFFICE3190 Shelby Street, Bldg C.Ontario, CA 91764(909) 890-9693 SAN DIEGO OFFICE5095 Murphy Canyon Road, Suite 330San Diego, CA 92123(619) 683-2933 X#24085 Exhibit A Packet Page. 816 CONSENT CALENDAR City of San Bernardino Request for Council Action Date: February 5, 2025 To: Honorable Mayor and City Council Members From: Miguel J Guerrero, General Manager Department: Water Subject: Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2024 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2024. Executive Summary The purpose of this report is to file the Water Department’s Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024, with the Mayor and City Council. Background Section 603(e) of the City of San Bernardino Charter requires that the Water Board provide for an “annual, independent audit of all water and wastewater accounts” and the “copies of all auditors’ reports shall be filed with the City Clerk and Council.” The audit firm Lance, Soll & Lunghard, LLP completed the Water Department’s annual audit and produced the attached Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2024. This report includes the financial statements, the Independent Auditor’s Report, Management’s Discussion and Analysis, as well as a statistical section containing historical information and data. The ACFR was presented to the City Water Board at its December 10, 2024, regular meeting, and it was approved unanimously. Packet Page. 817 Discussion N/A 2021-2025 Strategic Targets and Goals This item aligns with the adopted 2021-2025 Key Strategic Targets and Goals, specifically Target 1: Financial Stability. The information in these reports is useful to the City Water Board in making operational and financial decisions to meet the Water Department’s goals and objectives. Fiscal Impact There is no fiscal impact resulting from this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2024. Attachments 1. Attachment – Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2024. Ward: All Wards Synopsis of Previous Council Actions: None Packet Page. 818 Packet Page. 819 Miguel J. Guerrero Page 2 December 2, 2024 Subject: PRESENTATION OF THE RESULTS OF THE FISCAL YEAR 2023-24 AUDIT, ANNUAL COMPREHENSIVE FINANCIAL REPORT, SINGLE AUDIT REPORT ON FEDERAL AWARDS RECOMMENDATION: It is recommended that the Water Board make the following motions: •Approve the Annual Comprehensive Financial Report for the City of San Bernardino Municipal Water Department for the fiscal year ending June 30, 2024. •Direct staff to file the annual audit and Annual Comprehensive Financial Report with the Mayor and City Council. Respectfully submitted, Cynthia Mouser Director of Finance Attachments: •Annual Comprehensive Financial Report, Fiscal Year Ended June 30, 2024 •Single Audit •Audit Communications Letter •Report on Internal Controls •Annual Comprehensive Financial Report PowerPoint •LSL Audit Presentation Packet Page. 820 OF THE CITY OF SAN BERNARDINO WATER DEPARTMENT A COMPONENT UNIT OF THE CITY OF SAN BERNARDINO San Bernardino, CAANNUAL COMPREHENSIVE FINANCIAL REPORT for the Fiscal Year Ended June 30, 2024 Packet Page. 821 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT A COMPONENT UNIT OF THE CITY OF SAN BERNARDINO Annual Comprehensive Financial Report For Fiscal Year Ended June 30, 2024 PREPARED BY: THE FINANCE AND ACCOUNTING DIVISION Packet Page. 822 7+,63$*(,17(17,21$//</()7%/$1. Packet Page. 823 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT A COMPONENT UNIT OF THE CITY OF SAN BERNARDINO Annual Comprehensive Financial Report For Fiscal Year Ended June 30, 2024 Table of Contents Page(s) INTRODUCTORY SECTION Letter of Transmittal ..................................................................................................................................................... i Organizational Chart ................................................................................................................................................. vii List of Elected and Appointed Officials .................................................................................................................... viii FINANCIAL SECTION Independent Auditors’ Report ..................................................................................................................................... 1 Management’s Discussion and Analysis .................................................................................................................... 5 Basic Financial Statements: Statement of Net Position .................................................................................................................................. 13 Statement of Revenues, Expenses and Changes in Net Position ..................................................................... 14 Statement of Cash Flows ................................................................................................................................... 15 Notes to the Basic Financial Statements ........................................................................................................... 17 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Proportionate Share of the Net Pension Liability ........................................................................... 45 Schedule of Changes in Net OPEB Liability/(Asset) and Related Ratios .......................................................... 46 Schedules of Plan Contributions ........................................................................................................................ 48 STATISTICAL SECTION Changes in Net Position – Combined Funds ........................................................................................................... 53 Changes in Net Position – Water Fund .................................................................................................................... 54 Changes in Net Position – Sewer Fund ................................................................................................................... 55 Changes in Net Position – Sewer Collection Fund ................................................................................................... 56 Net Position by Component – Combined ................................................................................................................. 57 Net Position by Component – Water Fund ............................................................................................................... 58 Net Position by Component – Sewer Fund .............................................................................................................. 59 Net Position by Component – Sewer Collection Fund ............................................................................................. 60 Water Fund Revenue by Type .................................................................................................................................. 61 Sewer Fund Revenue by Type ................................................................................................................................. 62 Sewer Collection Fund Revenue by Type ................................................................................................................ 63 Water Fund Expenses by Type ................................................................................................................................ 64 Sewer Fund Expenses by Type ................................................................................................................................ 65 Sewer Collection Fund Expenses by Type ............................................................................................................... 66 Water Fund Debt Service Coverage ......................................................................................................................... 69 Sewer Fund Debt Service Coverage ........................................................................................................................ 70 Ratios of Outstanding Debt by Type ......................................................................................................................... 71 Demographic Statistics ............................................................................................................................................. 75 Major Employers ....................................................................................................................................................... 76 Packet Page. 824 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT A COMPONENT UNIT OF THE CITY OF SAN BERNARDINO Annual Comprehensive Financial Report For Fiscal Year Ended June 30, 2024 Table of Contents Page(s) STATISTICAL SECTION (CONTINUED) Authorized Positions History ..................................................................................................................................... 77 Water Rates: Minimum Monthly Charge................................................................................................................... 81 Water Rates: Commodity Charges ........................................................................................................................... 82 Water Rates – Elevation Charges per $ HCF .......................................................................................................... 83 Water Connections and Revenues by User Type .................................................................................................... 84 Top Ten Water Consumers ...................................................................................................................................... 85 Sewer Treatment Rate History ................................................................................................................................. 86 Sewer Treatment Connections and Revenue by User Type .................................................................................... 88 Top Ten Sewer Treatment Customers ..................................................................................................................... 89 Sewer Collection Rate History .................................................................................................................................. 90 Sewer Collection Connections and Revenue by User Type .................................................................................... 91 Packet Page. 825 6RXWK³(´6WUHHW6DQ%HUQDUGLQR&DOLIRUQLD32%R[3KRQH   )$&6,0,/(180%(56$GPLQLVWUDWLRQ  &XVWRPHU6HUYLFH  )LQDQFH  (QJLQHHULQJ   &RUSRUDWH<DUGV  :DWHU5HFODPDWLRQ3ODQW  (QYLURQPHQWDO 5HJXODWRU\&RPSOLDQFH   (QYLURQPHQWDO&RQWURO   &,7<2)6$1%(51$5',12 081,&,3$/:$7(5'(3$570(17 &,7<2)6$1%(51$5',12 :$7(5%2$5' 721,&$//,&277 3UHVLGHQW &RPPLVVLRQHUV :$<1(+(1'5,; '$9,'(0/<1$56., 5,..(9-2+1621 7+20$6%5,&./(< 0,*8(/-*8(55(523( *HQHUDO0DQDJHU 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GUERRERO, P.E. DEPUTY GENERAL MANAGER ROBIN L. OHAMA WATER UTILITY STEVE R. MILLER FINANCE AND ACCOUNTING CYNTHIA J. MOUSER ENVIRONMENTAL AND REGULATORY JENNIFER L. SHEPARDSON DISTRIBUTION OPERATIONS MAINTENANCE ENGINEERING FINANCE PURCHASING PAYROLL HUMAN RESOURCES CONSERVATION CUSTOMER SERVICE FIELD AND METER SERVICES FLEET INFORMATION TECHNOLOGY WATER RECLAMATION KEVIN T. STEWART, P.E. TREATMENT MAINTENANCE ELECTRICAL/SCADA RIX FACILITY SEWER COLLECTION ENVIRONMENTAL AND REGULATORY COMPLIANCE SAFETY RISK MANAGEMENT ENVIRONMENTAL CONTROL WATER QUALITY vii Packet Page. 832 City of San Bernardino Municipal Water Department Mayor the City of San Bernardino Helen Tran Water Board Toni Callicott, President Wayne Hendrix, P.E., Vice President David E. Mlynarski, Commissioner Rikke V. Johnson, Commissioner Thomas Brickley, Commissioner Administration Miguel J. Guerrero, P.E., General Manager Robin L. Ohama, Deputy General Manager Steve R. Miller, Director of Water Utility Kevin T. Stewart, P.E., Director of Water Reclamation Cynthia J. Mouser, Director of Finance Jennifer L. Shepardson, Director of Environmental & Regulatory Compliance Mission Statement To meet the needs of the community by providing sustainable, high quality water supply and wastewater services in the most professional, environmentally responsible, and cost-effective manner possible. Organization The City of San Bernardino Municipal Water Department was formed in 1905 under the Charter of the City of San Bernardino and is governed by the Water Board who are appointed by the Mayor of the City of San Bernardino. The most recent Charter, approved by voters in November 2016, gave the Water Board “Responsibility to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment functions in accordance with State Law.” The Department operated three enterprise funds: the Water Utility Enterprise Fund, the Sewer Utility Enterprise Fund and the Sewer Collection Utility Enterprise Fund. Water service encompasses the City, with the exception of the east end, which is served by East Valley Water District. Sewer treatment service encompasses all of the City of San Bernardino, the City of Loma Linda, the former Norton Air Force Base, Patton State Hospital, and portions of the City of Highland serviced by East Valley Water District. Sewer collection service is provided within the City of San Bernardino boundaries. viii Packet Page. 833 LSLCPAS.COM INDEPENDENT AUDITORS’ REPORT To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of City of San Bernardino Municipal Water Department (the “Department”)a component unit of the San Bernardino, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Department of the City, as of June 30, 2024, and the changes in its financial position and cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Department and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of Matter As discussed in Note 1, the financial statements present only the Department and do not purport to, and do not, present fairly the financial position of the City , as of June 30, 2024, the changes in its financial position, or, where applicable, its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Packet Page. 834 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and required pension and other postemployment benefits schedules, as listed on the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 Packet Page. 835 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor’s report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 27, 2024, on our consideration of the Department’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Department’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the department’s internal control over financial reporting and compliance. Irvine, California November 27, 2024 3 Packet Page. 836 7+,63$*(,17(17,21$//</()7%/$1. 4 Packet Page. 837 MANAGEMENT’S DISCUSSION AND ANALYSIS The City of San Bernardino Municipal Water Department (Department) is a water, sewer collection and treatment utility responsible for delivering high quality, economically priced water, sewer treatment and sewer collections services to a quarter of a million customers in and around the City of San Bernardino, California. This section of the Department’s annual financial report presents management’s analysis of the Department’s financial performance during the fiscal year that ended on June 30, 2024. Please read it in conjunction with the basic financial statements which follow this section. All amounts in the Management’s Discussion and Analysis within text areas are in thousands unless otherwise noted. Financial Highlights: The Department’s overall net position increased by $4.8 million or 1.4%. Operating revenues increased $3.7 million or 4.2% from the prior fiscal year. Water consumption was moderately down approximately 1.8% in FY24 from FY23 which lead to only a modest increase in Water revenues, despite a rate increase on July 1, 2023. Sewer revenues increased due to a rate increase effective July 1, 2023. Operating expenses increased $16.0 million, 18.2% increase from the prior fiscal year. The most significant increases were noted in the categories of depreciation, pension expense, and personnel increases. The department revised its capital asset categories which accelerated depreciation on several asset categories drastically increasing depreciation expense. Personnel expenses continue to increase due to inflation, rising costs in benefits, and salary adjustments per Department MOU’s. Net loss before capital contributions was $3.1 million. The Department’s current ratio (the ability to pay short-term obligations) was 4.4. Cash available (the ability to cover current expenses with cash) was 558 days. Overview of the Financial Statements The discussion and analysis are intended to serve as an introduction to the Department’s basic financial statements. The Department’s basic financial statements are comprised of two components: the Financial Statements and the Notes to the Basic Financial Statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Information providing citywide financial results is available in the City’s Comprehensive Annual Financial Report. Required Financial Statements The financial statements of the Department report information about the Department using accounting methods similar to those used by private sector companies. These statements offer short-term and long-term financial information about its activities. The Statement of Net Position (page 13) includes all of the Department’s investments in resources (assets) and the obligations to creditors (liabilities). It also provides the basis for evaluating the capital structure of the Department and assessing the liquidity and financial flexibility of the Department. All of the current year’s revenues and expenses are accounted for in the Statement of Revenues, Expenses and Changes in Net Position. (page 14) This statement measures the success of the Department’s operations over the past year and can be used to determine whether the Department has successfully recovered all its costs through its user fees and other charges, 5 Packet Page. 838 profitability, and credit worthiness. The final required financial statement is the Statement of Cash Flows (pages 15-16). The primary purpose of this statement is to provide information about the Department’s cash receipts and cash payments during the reporting period. The statement reports cash receipts, cash payments, and net changes in cash resulting from operations, investing, and financing activities and provides answers to questions such as “where did cash come from, what was cash used for, and what was the change in cash balance during the reporting period?” Financial Analysis of the Department Our analysis of the Department begins on page 5 of the financial statements. One of the most important questions to ask about the Department’s finances is “Whether the Department, as a whole, is better off or worse off as a result of the year’s activities?” The Statement of Net Position, and the Statement of Revenues, Expenses and Changes in Net Position report information about the Department’s activities in a way that will help answer this question. These two statements report the net position of the Department and changes in them. Measuring the change in the Department’s net position - the difference between assets and liabilities - is one way to measure financial health or financial position. Over time, increases or decreases in the Department’s net postion are indications of whether its financial health is improving or deteriorating. However, one will need to consider other non-financial factors such as changes in economic conditions, population growth, and zoning and new or changed government legislation. Water Utility Fund To begin our analysis, a summary of the Water Utility Fund’s Statement of Net Position is presented in Table A-1. The table highlights, the Water Utility total net position increased 2.2% or $4.1 million in fiscal year 2024. The favorable increase in net position is primarily related to the increase in total capital assets ($6.4 million). 2024 2023 $ Change % Change Current and noncurrent assets 119,269$ 118,112$ 1,157$ 1.0% Capital assets 213,546 207,158 6,388 3.1% Total assets 332,815 325,270 7,545 2.3% Deferred outflows of resources 10,266 11,981 (1,715)-14.3% Current liabilities 16,031 14,898 1,133 7.6% Noncurrent liabilities 129,021 126,673 2,348 1.9% Total liabilities 145,052 141,571 3,481 2.5% Deferred inflows of resources 7,471 9,220 (1,749)-19.0% Net investment in capital assets 180,169 172,417 7,752 4.5% Restricted 2,414 1,152 1,262 109.5% Unrestricted 7,975 12,891 (4,916)38.1% Total net position 190,558$ 186,460$ 4,098$ 2.2% TABLE A-1 Condensed Statement of Net Position - Water Utility (amounts expressed in thousands of dollars) 6 Packet Page. 839 Total revenues increased by 12.4% or $6.6 million. Capital grant revenue increased from the prior year due the FEMA grant monies being used for projects as intended. Investment income outperformed the prior year due to better market performance resulting in an increase in investment revenue. Water operating revenues also reflect a modest increase due to a rate increase effective July 1, 2023. Total expenses increased 14.9% or $7.2 million. Significant variances were due to increased depreciation expense. The department revised its capital asset categories which accelerated depreciation drastically increasing depreciation expense. Total capital assets, net increased by 3.1% or $6.4 million in fiscal year 2024. The Water fund capitalized $4.3 million in various capital projects completed and placed in service during FY2024. The increase is also attributed to an increase in Construction in progress (CIP) expenditures related to Reservoir Seismic upgrades ($3.3 million), SBMWD Administration Facility ($2.8 million), and the Mountain Pressure Zone Main Replacement project ($2.1 million). The department Additional information on capital assets is presented in Note 3 of the Notes to the Basic Financial Statements. 2024 2023 $ Change % Change Operating revenue 45,985$ 44,092$ 1,893$ 4.3% Capital contributions 5,130 5,976 (846) -14.2% Other nonoperating revenue 8,764 3,222 5,542 172.0% Total revenues 59,879 53,290 6,589 12.4% Operating expenses 53,997$ 46,711$ 7,286 15.6% Nonoperating expenses 1,784 1,842 (58) -3.1% Total expenses 55,781 48,553 7,228 14.9% Change in net position 4,098 4,737 (639) 13.5% Net position at the Beginning of the Year 186,460 181,723 4,737 2.6% Total net position 190,558$ 186,460$ 4,098$ 2.2% TABLE A-2 Condensed Statement of Revenues, Expenses and Changes in Net Position - Water Utility (amounts expressed in thousands of dollars) 2024 2023 $ Change % Change Land and easements 5,860$5,989$(129)$-2.2% Construction in progress 25,803 14,799 11,004 74.4% Wells and pumping 105,767 102,740 3,027 2.9% Distribution 185,239 166,022 19,217 11.6% Right -of-use assets 402 402 -100.0% Plant and facilities 6,943 8,627 (1,684)-19.5% Other capital assets 11,377 43,996 (32,619) -74.1% Total capital assets 341,391 342,575 (1,184)-0.3% Less: accumulated depreciation (127,846) (135,417) 7,571 -5.6% Total capital assets, net 213,545$ 207,158$ 6,387$3.1% TABLE A-3 Capital Assets - Water Utility (amounts expressed in thousands of dollars) 7 Packet Page. 840 Total long-term debt decreased by 2.3% or $1.1 million due to annual debt service payments. Additional information on long-term debt is presented in Note 4-6 of the Notes to Basic Financial Statements. Sewer Utility Fund The table above highlights, the Sewer Utility net position increased 0.4% or $0.7 million in fiscal year 2024. The total net position slightly increased as a result of current year operations. There was an increase Capital Assets due to the completion of the Blower Decentralization project totaling $15 million but an offsetting increase to current liabilities for several large payments relating to current construction projects. 2024 2023 $ Change % Change Bonds Payable 42,125$ 43,120$ (995)$-2.3% Bond Premium 4,414 4,612 (198) -4.3% Leases and subscriptions 12 183 (171) -93.4% Compensated Absences 1,545 1,338 207 15.5% Total long-term debt 48,096$ 49,253$ (1,157)$ -2.3% TABLE A-4 Long-term Debt - Water Utility (amounts expressed in thousands of dollars) 2024 2023 $ Change % Change Current and noncurrent assets 111,716$ 118,392$ (6,676)$ -5.6% Capital assets 118,822 103,118 15,704 15.2% Total assets 230,538 221,510 9,028 4.1% Deferred outflow of resources 9,653 11,468 (1,815)-15.8% Current liabilities 14,302 6,374 7,928 124.4% Noncurrent liabilities 64,543 64,433 110 0.2% Total liabilities 78,845 70,807 8,038 11.4% Deferred inflow of resources 3,742 5,272 (1,530)-29.0% Net investment in capital assets 95,673 79,192 16,481 20.8% Restricted 2,152 1,069 1,083 101.3% Unrestricted 59,779 76,638 (16,859)-22.0% Total net position 157,604$ 156,899$ 705$ 0.4% TABLE B-1 Condensed Statement of Net Position - Sewer Utility (amounts expressed in thousands of dollars) 8 Packet Page. 841 During fiscal year 2024, total revenues for the Sewer Utility increased 5.7% or $2.8 million, from the prior year, primarily due to a sewer rate increase as approved by the Board effective July 1, 2023. This increase was offset by increased operating expenditures due to increased depreciation expense. The department revised its capital asset categories which accelerated depreciation drastically increasing depreciation expense. Total capital assets increased by 15.2% or $15.7 million in fiscal year 2024, primarily due to the capitalization of the Blower Decentralization project totaling $15 million and expenditures for various sewer capital projects. More information relating to capital assets can be found in Note 3 of the Notes to the Basic Financial Statements. 2024 2023 $ Change % Change Operating revenue 47,385$ 45,544$ 1,841$ 4.0% Capital contributions 2,725 2,637 88 3.3% Other nonoperating revenue 2,121 1,251 870 -69.5% Total revenues 52,231 49,432 2,799 5.7% Operating expenses 50,351 41,597 8,754 21.0% Nonoperating expenses 1,175 1,234 (59) -4.8% Total expenses 51,526 42,831 8,695 20.3% Change in net position 705 6,601 (5,896) -89.3% Net position at the Beginning of the Year 156,899 150,298 6,601 4.4% Total net position 157,604$ 156,899$ 705$ 0.4% TABLE B-2 Condensed Statement of Revenues, Expenses and Changes in Net Position - Sewer Utility (amounts expressed in thousands of dollars) 2024 2023 $ Change % Change Land and easements 17,603$ 17,603$ -$0.0% Construction in progress 31,343 34,558 (3,215)-9.3% Pumping 3,958 4,065 (107) -2.6% Buildings, plants and stores 181,029 160,649 20,380 12.7% Field and office equipment 13,510 17,799 (4,289)-24.1% Pipelines 27,019 22,921 4,098 17.9% Total capital assets 274,462 257,595 16,867 6.5% Less: accumulated depreciation (155,640) (154,477) (1,163)0.8% Total net assets 118,822$ 103,118$ 15,704$ 15.2% TABLE B-3 Capital Assets - Sewer Utility (amounts expressed in thousands of dollars) 9 Packet Page. 842 During the year, the Sewer Utility’s long-term debt decreased 2.4% or $0.7 million which can be attributed to the annual debt service payments. Additional information on long-term debt is presented in Note 4-6 of the Notes to Basic Financial Statements. Economic Factors and Next Year’s Budgets and Rates The Service Area (Service Area) economy served by the Department continues to grow and develop. Development in the City has increased as San Bernardino is one of the remaining affordable areas in the Inland Empire. The City has also received funds from the American Recovery Act that will help stimulate economic growth in the area. The City has encumbered for the Department, approximately $5 million from the American Recovery Act funds, to fund the Department’s Lead Service Lateral capital project. Additionally, the Department was approved for a State Revolving Funds loan from the State Water Resource Control Board in May of 2022 and a federal grant from the Bureau of Reclamation and FEMA for designated capital projects. Development within the City continues, which has resulted in several new projects for the Department. The Department adopted a balanced budget for Fiscal Year 2023-2024. The Fiscal Year 2023-2024 budget takes into consideration rising operational expenses, inflation, and funding our capital program to address aging infrastructure. Additional details regarding the Department’s budget can be found on the Department’s website. Questions or requests for information regarding the Adopted Budget should be directed to the Finance Department. The Department completed a rate study and a cost-of-service study for the water, sewer treatment, and sewer collection utilities. As a result of the study the water Board adopted a four-year rate increase for the water and sewer funds effective April 1, 2022. The remaining increases are effective annually starting July 1, 2022, through July 1, 2025. These newly adopted rate structures and increases will allow for better revenue stability for the Department as costs increase and drought is a major concern for the State. Contacting the Department’s Director of Finance This financial report is designed to provide our customers and creditors with a general overview of the Department’s finances and to demonstrate the Department’s accountability for the money it receives. If you have questions about this report or need additional financial information, please contact the Department’s finance department at (909) 453-6009. 2024 2023 $ Change % Change Bonds Payable 29,740 30,510 (770) -2.5% Bond Premium 144 150 (6)-4.0% Compensated absences 617 586 31 5.3% Total long-term debt 30,501$ 31,246$ (745)$-2.4% TABLE B-4 Long-term Debt - Sewer Utility (amounts expressed in thousands of dollars) 10 Packet Page. 843 %$6,&),1$1&,$/67$7(0(176 11 7+,63$*(,17(17,21$//</()7%/$1. 12 Packet Page. 845 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Statement of Net Position June 30, 2024 Total ASSETSCurrent assets:Cash and investments 48,160,342$ 75,368,083$ 123,528,425$ Receivables:Accounts, net 6,244,581 5,768,588 12,013,169 Accrued interest 291,396 420,761 712,157 Leases 211,681 - 211,681 Due from other entities 3,364,521 163,653 3,528,174 Inventories 1,539,878 - 1,539,878 Prepaid expenses 400,305 609,278 1,009,583 Total current assets 60,212,704 82,330,363 142,543,067 Noncurrent:Leases Receivable, Noncurrent 3,266,445 - 3,266,445 Investment in joint venture - RIX - 20,499,132 20,499,132 Restricted assets:Net OPEB asset 2,414,089 2,151,996 4,566,085 Cash and cash equivalents:Restricted for capital 13,174,240 6,734,909 19,909,149 Investments:Restricted for consent decree 24,448,652 - 24,448,652 Accrued interest - consent decree 154,306 - 154,306 Prepaid Insurance - consent decree 15,598,893 - 15,598,893 Capital Assets:Land and easements 5,869,462 17,603,413 23,472,875 Construction in progress 25,803,315 31,343,003 57,146,318 Capital assets - being depreciated/amortized, net 181,872,892 69,875,533 251,748,425 Total noncurrent assets 272,602,294 148,207,986 420,810,280 Total assets 332,814,998 230,538,349 563,353,347 DEFERRED OUTFLOWS OF RESOURCESPension-related 8,605,096 8,172,240 16,777,336 OPEB-related 1,660,608 1,480,319 3,140,927 Total deferred outflows of resources 10,265,704 9,652,559 19,918,263 LIABILITIESCurrent liabilities:Accounts payable 7,287,693 9,166,781 16,454,474 Related parties payable - 1,618,820 1,618,820 Accrued compensation 682,914 644,533 1,327,447 Claims payable 5,986,529 1,103,624 7,090,153 Due to other governments 1,267,358 - 1,267,358 Current portion of compensated absences 1,235,913 468,521 1,704,434 Current portion of bonds, leases, and subscriptions 1,061,994 810,000 1,871,994 Accrued interest 822,516 489,591 1,312,107 Total current liabilities 18,344,917 14,301,870 32,646,787 Noncurrent liabilities:Consumer deposits 3,516,927 - 3,516,927 Compensated absences 308,978 149,156 458,134 Unearned revenue - consent decree 40,201,851 - 40,201,851 Bonds, leases and subscription payable 45,488,919 29,073,537 74,562,456 Net pension liability 37,190,712 35,319,937 72,510,649 Total noncurrent liabilities 126,707,387 64,542,630 191,250,017 Total liabilities 145,052,304 78,844,500 223,896,804 DEFERRED INFLOWS OF RESOURCESPension-related 40,752 38,702 79,454 OPEB-related 4,154,415 3,703,413 7,857,828 Lease-related 3,275,876 - 3,275,876 Total deferred inflows of resources 7,471,043 3,742,115 11,213,158 NET POSITIONNet investment in capital assets 180,168,996 95,673,321 275,842,317 Restricted for postemployment benefits 2,414,089 2,151,996 4,566,085 Unrestricted 7,974,270 59,778,976 67,753,246 Total net position 190,557,355$ 157,604,293$ 348,161,648$ Water Sewer See accompanying notes to financial statements.13 Packet Page. 846 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Statement of Revenues, Expenses and Changes in Net Position For the Year Ended June 30, 2024 Interfund Eliminations Total OPERATING REVENUESSales and service charges 45,656,974$ 46,224,150$ (644,713)$ 91,236,411$ Other operating revenues 328,116 1,161,283 - 1,489,399 Total operating revenues 45,985,090 47,385,433 (644,713) 92,725,810 OPERATING EXPENSESAdministration and customer service 9,038,195 6,828,593 (193,790) 15,672,998 Utility administration 1,706,977 670,292 (5,513) 2,371,756 Sewer collection and lift stations - 2,827,657 - 2,827,657 Plant operations 11,385,172 13,804,430 (311,989) 24,877,613 Maintenance 3,330,387 4,845,501 (106,841) 8,069,047 Environmental control - 892,576 - 892,576 Distribution 6,444,793 - - 6,444,793 Engineering and water quality 3,074,606 2,030,808 (26,580) 5,078,834 General, administration and overhead 6,884,987 7,040,440 - 13,925,427 Depreciation and amortization 12,131,463 11,411,059 - 23,542,522 Total operating expenses 53,996,580 50,351,356 (644,713) 103,703,223 Operating income (loss)(8,011,490) (2,965,923) - (10,977,413) NONOPERATING REVENUES (EXPENSES)Investment income 2,544,768 1,521,068 - 4,065,836 Rental income 358,472 - - 358,472 Noncapital grant funds 5,566,773 - - 5,566,773 Interest expense and fiscal charges (1,783,831) (1,175,040) - (2,958,871) Gain (loss) on disposal of capital assets 85,041 599,981 - 685,022 Other 206,697 - - 206,697 Total nonoperating revenues (expenses)6,977,920 946,009 - 7,923,929 Income (loss) before capital contributions (1,033,570) (2,019,914) - (3,053,484) CAPITAL CONTRIBUTIONSAcquistion fees 2,152,064 - - 2,152,064 Capacity fees 2,063,310 2,012,611 - 4,075,921 Capital contributions 914,811 712,553 - 1,627,364 Total capital contributions 5,130,185 2,725,164 - 7,855,349 Change in net position 4,096,615 705,250 - 4,801,865 Net position-beginning 186,460,740 156,899,043 - 343,359,783 Net position-ending 190,557,355$ 157,604,293$ -$ 348,161,648$ Water Sewer See accompanying notes to financial statements.14 Packet Page. 847 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Statement of Cash Flows For the Year Ended June 30, 2024 Total CASH FLOWS FROM OPERATING ACTIVITIESReceipts from customers 46,693,240$ 47,059,249$ 93,752,489$ Payments to suppliers and service providers (20,293,287) (16,330,373) (36,623,660) Payments to employees for salaries and benefits (17,119,600) (14,646,995) (31,766,595) Net cash provided by (used for) operating activities 9,280,353 16,081,881 25,362,234 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIESConsent Decree Insurance Drawdowns 953,693 - 953,693 Operating grants and contributions 2,178,256 - 2,178,256 Net cash provided by (used for) noncapital financing activities 3,131,949 - 3,131,949 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIESCapital contributions 4,215,374 2,012,611 6,227,985 Acquisition and construction of capital assets (18,211,579) (37,392,635) (55,604,214) Principal paid on capital debt (1,165,862) (770,000) (1,935,862) Interest paid on capital debt (2,002,197) (1,197,491) (3,199,688) Proceeds from sales of assets 692,452 9,498,161 10,190,613 Net cash provided by (used for) capital and related financing activities (16,471,812) (27,849,354) (44,321,166) CASH FLOWS FROM INVESTING ACTIVITIESInterest on investments 2,380,585 2,100,552 4,481,137 Leasing activities 281,211 - 281,211 Purchase of investments (882,942) - (882,942) Net cash provided by (used for) investing activities 1,778,854 2,100,552 3,879,406 Net increase (decrease) in cash and cash equivalents (2,280,656) (9,666,921) (11,947,577) Cash and cash equivalents-beginning 63,615,238 89,678,112 153,293,350 Cash and cash equivalents-ending 61,334,582$ 80,011,191$ 141,345,773$ RECONCILIATION OF CASH AND CASH EQUIVALENTS TO THE STATEMENT OF NET POSITIONCash and investments 48,160,342$ 75,368,083$ 123,528,425$ Restricted cash and investments 13,174,240 6,734,909 19,909,149 Less: amounts not meeting definition of cash equivalents - (2,091,801) (2,091,801) Total cash and cash equivalents 61,334,582$ 80,011,191$ 141,345,773$ Water Sewer See accompanying notes to financial statements.15 Packet Page. 848 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Statement of Cash Flows For the Year Ended June 30, 2024 Total Water Sewer RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIESOperating income (loss)(8,011,490)$ (2,965,923)$ (10,977,413)$ Adjustments to reconcile operating income (loss) tonet cash provided by (used for) operating activities:Depreciation/amortization expense 12,131,463 11,411,059 23,542,522 Residual nonoperating revenue and expenses 206,697 - 206,697 (Increase) decrease in accounts receivable 550,067 (326,184) 223,883 (Increase) decrease in inventories (93,455) - (93,455) (Increase) decrease in prepaid items (80,281) (69,470) (149,751) (Increase) decrease in net OPEB asset (1,676,307) (1,558,218) (3,234,525) Increase (decrease) in accounts payable 4,961,106 7,619,651 12,580,757 Increase (decrease) in accrued liabilities 57,523 75,494 133,017 Increase (decrease) in deposits payable (48,614) 415,302 366,688 Increase (decrease) in compensated absences 206,653 32,025 238,678 Increase (decrease) in claims and judgments (1,064,922) (200,602) (1,265,524) Increase (decrease) in net pension liability 2,141,913 1,648,747 3,790,660 Total adjustments 17,291,843 19,047,804 36,339,647 Net cash provided by (used for) operating activities 9,280,353$ 16,081,881$ 25,362,234$ SCHEDULE OF NON-CASH NONCAPITAL, CAPITAL, AND INVESTING ACTIVITIESUnrealized gain/(loss) on fair value of investments 392,014$ 1,019,113$ 1,411,127$ Unrealized gain/(loss) on investments in joint ventures - 709,450 709,450Contributions of capital assets 914,811 712,553 1,627,364 Amortization on bond discount/(premium)(197,638) (6,404) (204,042) See accompanying notes to financial statements.16 Packet Page. 849 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Organization and Operations of the Reporting Entity The San Bernardino Municipal Water Department (Department) is governed under the Charter of the City of San Bernardino (City). A Water Board appointed by the Mayor and approved by City Council, has Charter defined powers, with full authority for administration of the water utility and delegated authority for the sewer treatment utility. The Department has served the community since 1905. B. Basis of Accounting and Measurement Focus The Department reports its activities as enterprise funds, which are used to account for operations that are financed and operated in a manner similar to a private business enterprise, where the intent of the Department is that the costs (including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Revenues and expenses are recognized on an accrual basis. Revenues are recognized in the accounting period in which they are earned, and expenses are recognized in the period incurred, regardless of when the related cash flow takes place. Operating revenues, such as charges for services (water sales, sewer services and water services) result from exchange transactions associated with the principal activity of the Department. Exchange transactions are those in which each party receives and gives up equal values. Nonoperating revenues, such as property taxes and investment income, result from nonexchange transactions or ancillary activities in which the Department gives (receives) value without directly receiving (giving) equal value in exchange. When both restricted and unrestricted resources are available for use, the Department uses restricted resources and then unrestricted resources. The major funds of the Department are described below: Water Utility Fund – The Water Utility Enterprise Fund (Water Utility) is used to account for the operations of the Department’s water system and related revenues. Sewer Utility Fund – The Sewer Utility Enterprise Fund (Sewer Utility) is used to account for the operations of the City’s wastewater treatment system and collection system and related revenues. Administrative and engineering services are provided by the Water Utility to the Sewer. C. Financial Reporting The Department’s basic financial statements are presented in conformance with the provisions of Governmental Accounting Standards Board (GASB) Statement No. 34, “Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments” (GASB No. 34). This statement established revised financial reporting requirements for state and local governments throughout the United States for the purpose of enhancing the understandability and usefulness of financial reports. GASB Statement No. 34 and its related GASB pronouncements provide for a revised view of financial information and restructure the format of financial information provided prior to its adoption. A statement of net position replaces the balance sheet and reports assets, liabilities, and the difference between them as net position, not equity. A statement of revenues, expenses and changes in net position replaces both the income statement and the statement of changes in retained earnings and contributed capital. GASB Statement No. 34 also requires that the statement of cash flows be prepared using the direct method. Under the direct method, cash flows from operating activities are presented by major categories. 17 Packet Page. 850 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities and Net Position 1. Use of Estimates The preparation of the basic financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and disclosures of contingent assets and liabilities at the date of the financial statements, and the reported changes in net position during the reporting period. Actual results could differ from those estimates. 2. Cash and Investments For the purpose of the statement of cash flows, cash and cash equivalents include highly liquid investments (including restricted assets) with a maturity of three months or less when purchased. Investments are reported in the accompanying balance sheet at fair value, except for certain certificates of deposit and investment contracts that are reported at cost as they are not transferable and have terms that are not affected by changes in market interest rates. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value and any gains or losses realized upon the liquidation of investments. 3. Fair Value Measurements Certain assets and liabilities are required to be reported at fair value. The fair value framework provides a hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of fair value hierarchy are described as follows: Level 1 - Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets. Level 2 - Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly and fair value is determined through the use of models or other valuation methodologies including: Quoted prices for similar assets or liabilities in active markets. Quoted prices for identical or similar assets or liabilities in markets that are inactive. Inputs other than quoted prices that are observable for the asset or liability. Inputs that are derived principally from or corroborated by observable market data by correlation or other means. Level 3 - Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the Department’s own assumptions about the inputs market participants would use in pricing the asset or liability (including assumptions about risk). These unobservable inputs are developed based on the best information available in the circumstances and may include the Department’s own data. 4. Accounts Receivable Customer or trade receivables are shown net of an allowance for uncollectible accounts based on historical and management estimates. Transactions between funds that are representative of lending or borrowing arrangements outstanding at the end of the fiscal year are referred to as “interfund receivables / payables” or “advances to/from” other funds. All interfund transactions are eliminated for financial reporting. 18 Packet Page. 851 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 5. Inventory Materials and supplies inventory consist primarily of water meters, pipes and pipefittings for construction and repair to the Department’s water transmission and distribution system and items necessary for maintenance at the sewer treatment facilities. Inventory is valued at cost using a weighted average method. Inventory items are charged to expense at the time that individual items are withdrawn from inventory or consumed. Water inventory is stated at its purchase cost using the first in, first out method. Inventory is recorded when purchased and expensed at the time the inventory is consumed. 6. Prepaid Expense and Deposit Certain payments to vendors reflect costs or deposits applicable to future accounting periods and are recorded as prepaid items in the basic financial statements. 7. Capital Assets and Intangible Right-to-Use Assets Capital assets acquired or constructed are capitalized at historic cost. Department policy has set the capitalization threshold for reporting capital assets at $5,000 and a life expectancy of at least 3 years. Overhead is capitalized at the rate of 28.9% of labor and benefits, 10% of material and supplies and 2% of significant contracts. Intangible right-to-use assets are defined by the Department as assets with an estimated useful life in excess of 3 years and with an initial, individual value of $5,000 or more. Depreciation and amortization are recorded on a straight-line basis over the estimated useful lives of the assets as follows: Source of supply plant 8 to 50 years Disposal plant and interceptor lines 35 to 50 years Other facilities (shops, leasehold & yards) 5 to 25 years Tools, office equipment & communications 4 to 20 years Computer equipment 3 to 5 years Automotive and fleet equipment 3 to 15 years Intangible right-to-use assets Shorter of the useful life of the underlying asset or the term of the arrangement 8. Compensated Absences Department policy is to permit employees to accumulate a limited amount of earned vacation and sick leave. Various negotiation groups have different sell-back and cash out options. Additionally, cash out options upon retirement or death of the employee vary based on the negotiation group. Employees’ vacation and sick leave benefits are recognized as a liability of the Department. 9. Restricted Assets and Amounts Payable from Restricted Assets Amounts shown as restricted assets have been restricted by bond indentures or are to be used for specified purposes based on contract provisions, such as bonded debt service. Certain liabilities which are currently payable have been classified as current liabilities payable from restricted assets since assets have been restricted for their payment. 19 Packet Page. 852 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 10. Pensions For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position and additions to/deductions from the fiduciary net position have been determined on the same basis as they are reported by the Department. For this purpose, benefit payments (including refunds of employee contributions) are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. GASB 68 requires that the reported results must pertain to liability and asset information within certain defined time limits. For this report, the following periods are used: Valuation Date (VD) June 30, 2022 Measurement Date (MD) June 30, 2023 Measurement Period (MP) July 1, 2022 to June 30, 2023 11. Other Post-Employment Benefits (OPEB) For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, information about the fiduciary net position of the Department’s plan (OPEB Plan), the assets of which are held by US Bank in an irrevocable trust, and additions to/deductions from the OPEB Plan’s fiduciary net position have been determined by an independent actuary. For this purpose, benefit payments are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. Generally accepted accounting principles require that the reported results must pertain to liability and fiduciary net position information within certain defined time limits. For this report, the following timeframes are used: Valuation Date June 30, 2022 Measurement Date June 30, 2023 Measurement Period July 1, 2022 to June 30, 2023 12. Deferred Outflows/Inflows In addition to assets, the Statement of Net Position will sometimes report a separate section of deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents consumption of net assets that applies to a future period and so will not be recognized as an outflow of resources (expenses/expenditures) until then. The Department has two items that qualify for reporting in this category: the deferred outflows related to pensions and OPEB. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to future periods and will not be recognized as inflow of resources (revenue) until that time. The Department has three items that qualify for reporting in this category, of which two relate to deferred inflows related to pensions and OPEB. Lastly, leases related items for the amount of the lease receivable plus any lease payments related to future periods, less any lease incentives paid to, or on behalf of, the lessee at or before the commencement of the lease term. 13. Interfund Eliminations The interfund eliminations column represents entries made to eliminate interfund income and expenditure transactions between the water utility fund and the sewer utility fund for the purposes of consolidated financial statements. 20 Packet Page. 853 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) 14. Net Position The financial statements utilize a net position presentation. Net position is categorized as follows: Net Investment in Capital Assets – This component of net position consists of capital assets, net of accumulated depreciation and reduced by any debt outstanding against the acquisition, construction, or improvement of those assets. Restricted Net Position – This component of net position consists of constraints placed on net position use through external constraints imposed by creditors, grantors, contributors, or laws or regulations of other governments or constraints imposed by law through constitutional provisions or enabling legislation. Unrestricted Net Position – This component of net position consists of net position that does not meet the definition of restricted or net investment in capital assets. 15.Capital Contributions Contributions in aid of construction represent cash and utility plant additions contributed to the Department by property owners or developers desiring services that require capital expenditures or capacity commitment. In accordance with Governmental Accounting Standards Board Statement No. 33, the capital contributions are recorded on the Statement of Revenues, Expenses and Changes in Net position. 16. Budgetary Policies The Department adopts an annual budget for planning, control, and evaluation purposes. Budgetary control and evaluation are affected by comparisons of actual revenues and expenses with planned revenues and expenses for the period. Encumbrance accounting is not used to account for commitments related to outstanding contracts for construction and services. 17. Leases Lessee: The Department is a lessee for a noncancellable lease of a building. The Department recognizes a lease liability and an intangible right-to-use lease asset (lease asset) in the statement of net position. The Department recognizes lease liabilities with an initial, individual value of $5,000 or more. At the commencement of a lease, the Department initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight-line basis over its useful life. Key estimates and judgments related to leases include how the Department determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) lease term, and (3) lease payments. The Department uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the Department uses its estimated incremental borrowing rate as the discount rate for leases. The lease term includes the non-cancellable period of the lease. Lease payments included in the measurement of the lease liability are composed of fixed payments and purchase option price that the Department is reasonably certain to exercise. 21 Packet Page. 854 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) The Department monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease assets and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. Lease assets are reported with other capital assets and lease liabilities are reported with long-term debt on the statement of net position. Lessor: The Department is a lessor for various noncancellable leases of land. The Department recognizes a lease receivable and a deferred inflow of resources in the statement of net position. At the commencement of a lease, the Department initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgments include how the Department determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts. The Department uses its estimated incremental borrowing rate as the discount rate for leases. The lease term includes the non-cancellable period of the lease. Lease receipts included in the measurement of the lease receivable are composed of fixed payments from the lessee. The Department monitors changes in circumstances that would require a remeasurement of its lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. 18. Subscription-Based Information Technology Arrangements The Department is a subscriber for a noncancellable subscription of information technology services. The Department recognizes subscription liability and an intangible right-to-use subscription asset (subscription asset) in the government-wide financial statements. The Department recognizes subscription liabilities with an initial, individual value of $5,000 or more. At the commencement of a subscription, the Department initially measures the subscription liability at the present value of payments expected to be made during the subscription term. Subsequently, the subscription liability is reduced by the principal portion of subscription payments made. The subscription asset is initially measured as the initial amount of the subscription liability, adjusted for subscription payments made at or before the subscription commencement date, plus certain initial direct costs. Subsequently, the subscription asset is amortized on a straight-line basis over its useful life. Key estimates and judgments related to subscriptions include how the Department determines (1) the discount rate it uses to discount the expected subscription payments to present value, (2) subscription term, and (3) subscription payments. The Department uses the interest rate charged by the vendor as the discount rate. When the interest rate charged by the vendor is not provided, the Department uses its estimated incremental borrowing rate as the discount rate for subscriptions. The subscription term includes the noncancellable period of the subscription. Subscription payments included in the measurement of the subscription liability are composed of fixed payments that the Department is reasonably certain to exercise. 22 Packet Page. 855 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 1: REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) The Department monitors changes in circumstances that would require a remeasurement of its subscriptions and will remeasure the subscription asset and liability if certain changes occur that are expected to significantly affect the amount of the subscription liability. Subscription assets are reported with other capital assets and subscription liabilities are reported with long-term debt on the statement of net position. NOTE 2: CASH AND INVESTMENTS Cash and investments are reported in the accompanying statement of net position as follows: Cash and investments at June 30, 2024, consisted of the following: A. Investments Authorized by the California Government Code and the Department’s Investment Policy The table below identifies the investment types that are authorized by the Department and Consent Decree (see note 12) in accordance with the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. Due to its long-term nature, the Consent Decree has been explicitly exempted from maximum maturity requirements of the California Government Code, which limits maturity of most investments to five years. All other aspects of the Consent Decree investment policy are consistent with the City’s investment policy. Investment Type*Department Consent Decree Maximum % of Portfolio Maximum % of Portfolio US treasury 5 years 5 years None None US agency 5 years 5 years None None Bankers acceptances 180 days 180 days 40%40% Commercial paper 270 days 270 days 25%25% Negotiable CDs 5 years 5 years 30%30% Medium-term notes 5 years 5 years 30%30% Money market mutual funds N/A N/A 20%20% Mortgage pass through 5 years 5 years 20%20% Local Agency Investment Fund N/A N/A $40,000,000 $40,000,000 Guaranteed investment N/A N/A None None Maximum Maturity Water Utility Sewer Utility Total Cash and investments 48,160,342$ 75,368,083$ 123,528,425$ Restricted investments: Restricted for Consent Decree 24,448,652 - 24,448,652 Proceeds from bond issuances 13,174,240 6,734,909 19,909,149 Total cash and investments 85,783,234$ 82,102,992$ 167,886,226$ Water Utility Sewer Utility Total Cash on hand 7,000$ -$ 7,000$ Deposits with financial institutions 23,038,529 23,057,394 46,095,923 Investments 25,114,813 52,310,689 77,425,502 Restricted investments 37,622,892 6,734,909 44,357,801 Total cash and investments 85,783,234$ 82,102,992$ 167,886,226$ 23 Packet Page. 856 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 2: CASH AND INVESTMENTS (CONTINUED) B. Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustees are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City’s investment policy. Investments authorized for funds held by bond trustee include, U.S. Treasury Obligations, U.S. Government Sponsored Enterprise Securities, the California Local Agency Investment Fund, Guaranteed Investment Contracts, Commercial Paper, Local Agency Bonds, Banker’s Acceptance and Money Market Mutual Funds. There are no limitations on the maximum amount that can be invested in one issuer, maximum percentage allowed or the maximum maturity of an investment, except for the maturity of Banker’s Acceptance which are limited to one year. C. Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code requires that a financial institution secure deposit made by a state or local governmental unit by pledging securities in an undivided collateral pool held by a depository regulated under state law. The fair value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure the Department’s deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. For investment identified herein as held by bond trustee, the bond trustee selects the investment under the terms of the applicable trust agreement, acquires the investment, and holds the investment on behalf of the reporting government. D. Investment in State Investment Pool The Department is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the Department’s investment in this pool is reported in the accompanying financial statements at amounts based upon the Department’s pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. LAIF is not rated by a nationally recognized statistical rating organization, but as stated previously, it is regulated by the California Government Code, and is therefore exempt from rating requirements. E. Interest Rate Risk Interest rate risk is the possibility that fluctuations in market interest rates will adversely affect the fair value of an investment. The longer the maturity of an investment, the greater the sensitivity of its fair value will be to changes in market interest rates. One method that the Department uses to manage its exposure to interest rate risk is by purchasing a combination of shorter term and longer-term investments and by timing cash flows from maturities so that a portion of the portfolio matures or comes close to maturity evenly over time as necessary to provide requirements for cash flow and liquidity needed for operations. 24 Packet Page. 857 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 2: CASH AND INVESTMENTS (CONTINUED) Information about the sensitivity of the fair values of the Department’s investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Department’s investments by maturity date: F. Credit Risk Credit risk is the possibility that the issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the Department’s investment policy, or debt agreements, and the actual rating as of year-end for each investment type. Less than 12 13-24 25-60 More than Investment Type months months months 60 months Total U.S. Agency Securities 2,564,975$ 4,678,498$ 597,987$ -$ 7,841,460$ U.S. Treasuries -4,295,766 19,115,084 - 23,410,850 Medium Term Corporate Notes -193,586 4,175,743 - 4,369,329 Non - U.S. Government and Supranational Bonds 1,471,803 1,380,820 817,159 - 3,669,782 Asset Backed Securities 13,363 235,516 1,626,917 - 1,875,796 Money Market Funds 320,597 - -- 320,597 Local Agency Investment Fund 35,937,688 - -- 35,937,688 Consent Decree: U.S. Treasuries -- 11,453,594 - 11,453,594 U.S. Agency Asset Backed Securities 144,538 144,736 3,532,939 156,845 3,979,058 U.S. Agency Collateralized Mortgage Obligations - - - 47,925 47,925 U.S. Agency Securities -969,594 - - 969,594 Corporate Notes 1,438,117 1,045,097 2,089,552 - 4,572,766 Certificates of Deposit -701,397 - - 701,397 Bank Note --352,471 - 352,471 Asset Backed Securities -265,351 2,106,496 - 2,371,847 Investments with Fiscal Agent: Money Market Funds 19,909,149 - -- 19,909,149 Total Investments 61,800,230$ 13,910,361$ 45,867,942$ 204,770$ 121,783,303$ Maturities Minimum Investment Type Rating Rating Total U.S. Agency Securities None AA+ 7,841,460$ U.S. Treasuries Exempt Exempt 23,410,850 Medium Term Corporate Notes AA-AA+4,369,329 Non - U.S. Government and Supranational Bonds AA AAA 3,669,782 Asset Backed Securities AA-AAA 1,875,796 Money Market Funds None AAA 320,597 Local Agency Investment Fund Not Rated Not Rated 35,937,688 Consent Decree: U.S. Treasuries No Limit Exempt 11,453,594 U.S. Agency Asset Backed Securities No Limit AA+3,979,058 U.S. Agency Collateralized Mortgage Obligations AA AA+47,925 U.S. Agency Securities No Limit AA+969,594 Corporate Notes A+AAA 4,572,766 Certificates of Deposit A AA-701,397 Bank Note A A+352,471 Asset Backed Securities AA AAA 2,371,847 Investments with Fiscal Agent: Money Market Funds AA+AA+19,909,149 Total Investments 121,783,303$ 25 Packet Page. 858 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 2: CASH AND INVESTMENTS (CONTINUED) G. Fair Value Measurement The Department categorizes its fair value investments within the fair value hierarchy established by generally accepted accounting principles. The Department has the following recurring fair value measurements as of June 30, 2024: NOTE 3: CAPITAL ASSETS A. Water Utility Fund Capital asset activity for the water utility for the fiscal year ended June 30, 2024: * During the year, certain adjustments were made to correct beginning balance classifications. The net effect on total capital balance reclassifications was $0. Investment Type Level 1 Level 2 Total U.S. Agency Securities -$ 7,841,460$ 7,841,460$ U.S. Treasuries -23,410,850 23,410,850 Medium Term Corporate Notes -4,369,329 4,369,329 Non - U.S. Government and Supranational Bonds -3,669,782 3,669,782 Asset Backed Securities -1,875,796 1,875,796 Consent Decree: U.S. Treasuries 11,453,594 - 11,453,594 U.S. Agency Asset Backed Securities -3,979,058 3,979,058 U.S. Agency Collateralized Mortgage Obligations -47,925 47,925 U.S. Agency Securities -969,594 969,594 Corporate Notes -4,572,766 4,572,766 Bank Note - 352,471 352,471 Asset Backed Securities -2,371,847 2,371,847 Subtotal - investments subject to fair value 11,453,594$ 53,460,878$ 64,914,472 Investments not subject to fair value 56,868,831 Total investments 121,783,303$ Balance Balance July 1, 2023 Adjustments Additions Deletions Transfers June 30, 2024 Capital assets, not being depreciated or amortized: Land and easements 5,989,563$ -$ -$ (120,101)$ -$ 5,869,462$ Construction-in-progress 14,799,410 - 15,286,659 - (4,282,754) 25,803,315 Total capital assets, not being depreciated or amortized:20,788,973 - 15,286,659 (120,101) (4,282,754) 31,672,777 Capital assets, being depreciated or amortized: Water rights, wells, and pumping 102,739,627 8,531,901 651,756 (6,165,875) - 105,757,409 Distribution system 166,022,296 18,739,814 1,746,360 (5,552,058) 4,282,754 185,239,166 Buildings, plants, and stores 8,626,939 (686,829) - (997,497) - 6,942,613 Field and office equipment 43,995,713 (26,594,071) 1,441,615 (7,465,951)- 11,377,306 Lease assets 155,243 - - -- 155,243 Subscription assets 246,706 - - -- 246,706 Total capital assets, being depreciated or amortized:321,786,524 (9,185) 3,839,731 (20,181,381) 4,282,754 309,718,443 Less: accumulated depreciation and amortization: Water rights, wells, and pumping (50,904,993) (3,866,004) (5,142,327) 5,808,038 - (54,105,286) Distribution system (62,374,262) (233,875) (5,807,450) 5,550,618 - (62,864,969) Buildings, plants, and stores (3,140,038) 89,648 (256,415) 983,423 -(2,323,382) Field and office equipment (18,816,711) 4,010,231 (767,410) 7,361,173 -(8,212,717) Lease assets (95,534) - (47,768) - - (143,302) Subscription assets (85,802) - (110,093) - - (195,895) Total accumulated depreciation and amortization:(135,417,340) - (12,131,463)19,703,252 - (127,845,551) Total capital assets, being depreciated or amortized, net 186,369,184 (9,185) (8,291,732) (478,129) 4,282,754 181,872,892 Total accumulated depreciation and amortization:207,158,157$ (9,185)$ 6,994,927$ (598,230)$ -$ 213,545,669$ 26 Packet Page. 859 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 3: CAPITAL ASSETS (CONTINUED) * During the year, certain adjustments were made to correct beginning balance classifications. The net effect on total capital balance reclassifications was $0. B. Sewer Utility Fund Capital asset activity for the sewer utility for the fiscal year ended June 30, 2024: * During the year, certain adjustments were made to correct beginning balance classifications. The net effect on total capital balance reclassifications was $0. NOTE 4: LONG-TERM LIABILITIES Changes in long-term liabilities for the year ended June 30, 2024, are as follows: Balance Balance July 1, 2023 Adjustments* Additions Deletions Transfers June 30, 2024 Capital assets, not being depreciated or amortized: Land and easements 17,603,413$ -$ -$ -$ -$ 17,603,413$ Construction-in-progress 34,557,818 - 26,071,255 - (29,286,070) 31,343,003 Total capital assets, not being depreciated or amortized:52,161,231 - 26,071,255 - (29,286,070) 48,946,416 Capital assets, being depreciated or amortized: Pumping 4,065,094 9,768,993 - (9,876,030)- 3,958,057 Piplines 21,319,336 3,045,033 1,683,924 - 970,302 27,018,595 Buildings, plants, and stores 160,649,219 (8,418,302) 7,869,675 (7,387,277) 28,315,768 181,029,083 Field and office equipment 19,399,679 (4,395,724) 2,480,334 (3,973,991)- 13,510,298 Total capital assets, being depreciated or amortized:205,433,328 - 12,033,933 (21,237,298) 29,286,070 225,516,033 Less: accumulated depreciation and amortization: Pumping (4,402,604) 1,529,612 (55,446) 17,673 -(2,910,765) Piplines (10,020,136) (311,716) (508,765) -- (10,840,617) Buildings, plants, and stores (128,956,168) (588,912) (9,734,590) 7,342,221 - (131,937,449) Field and office equipment (11,097,850) (628,984) (1,112,258) 2,887,423 - (9,951,669) Total accumulated depreciation and amortization:(154,476,758) - (11,411,059)10,247,317 - (155,640,500) Total capital assets, being depreciated or amortized, net 50,956,570 - 622,874 (10,989,981) 29,286,070 69,875,533 Total accumulated depreciation and amortization:103,117,801$ -$ 26,694,129$ (10,989,981)$ -$ 118,821,949$ Balance Balance Long-term July 1, 2023 Additions Deletions June 30, 2024 Current Portion Portion Water Utility Bonds payable 2016 Water Revenue Bond 43,120,000$ -$ 995,000$ 42,125,000$ 1,050,000$ 41,075,000$ Premium 4,611,557 -197,638 4,413,919 -4,413,919 Total bonds payable 47,731,557 -1,192,638 46,538,919 1,050,000 45,488,919 Leases 59,878 - 47,884 11,994 11,994 - Subscriptions 122,978 -122,978 - - - Total Water Utility 47,914,413$ -$ 1,363,500$ 46,550,913$ 1,061,994$ 45,488,919$ Sewer Utility Bonds payable 2016 Sewer Revenue Bond 30,510,000$ -$ 770,000$ 29,740,000$ 810,000$ 28,930,000$ Premium 149,941 -6,404 143,537 -143,537 Total Sewer Utility 30,659,941$ -$ 776,404$ 29,883,537$ 810,000$ 29,073,537$ 27 Packet Page. 860 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 4: LONG-TERM LIABILITIES (CONTINUED) A. 2016 Water Revenue Bonds On November 3, 2016, the Water Utility issued $48,225,000 Water Revenue Bonds to finance the acquisition and construction of certain water system capital improvements and to refund outstanding obligations. The Water Revenue Bonds have interest rates ranging from 3% to 5% with maturities through August 2046. The bonds are secured by revenues pledged for the payment of debt service. In addition, a provision that in the event of default, the bond trustee may take whatever action, at law or in equity, as may appear necessary or desirable to collect the payments of the debt. Debt service requirements on the 2016 Water Revenue Bond are as follows: The Water Utility Fund is required to maintain net revenues adequate to cover 110% of annual debt service. Net Revenues means the Revenues for the Fiscal Year less Operation and Maintenance Costs for such Fiscal Year. Debt service coverage for the Water Utility Fund for the year ended June 30, 2024, was as follows: B. 2016 Sewer Revenue Bonds On December 8, 2016, the Sewer Utility issued $34,445,000 of Sewer Treatment Revenue Bonds to finance the acquisition and construction of additional capital improvements to the sewer utility. The Sewer Treatment Revenue Bonds have interest rates ranging from 3% to 5% with maturities through August 2046. The bonds are secured by revenues pledged for the payment of debt service. In addition, a provision that in the event of default, the bond trustee may take whatever action, at law or in equity, as may appear necessary or desirable to collect the payments of the debt. Year Ending June 30 Principal Interest Total 2025 1,050,000$ 1,944,388$ 2,994,388$ 2026 1,100,000 1,890,638 2,990,638 2027 1,160,000 1,834,138 2,994,138 2028 1,215,000 1,774,763 2,989,763 2029 1,280,000 1,712,388 2,992,388 2030-2034 7,300,000 7,659,688 14,959,688 2035-2039 9,055,000 5,901,106 14,956,106 2040-2044 11,585,000 3,366,900 14,951,900 2045-2047 8,380,000 593,763 8,973,763 Totals 42,125,000$ 26,677,772$ 68,802,772$ Gross revenue 45,985,090$ Operating expenses (53,996,580) Add back: depreciation/amortization expense 12,131,463 Non-operating income 8,761,751 Less: gain on disposal (85,041) Net revenues 12,796,683$ Annual debt service 2,990,513$ Actual coverage ratio 4.28 28 Packet Page. 861 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 4: LONG-TERM LIABILITIES (CONTINUED) Debt service requirements on the 2016 Sewer Revenue Bond are as follows: The Sewer Utility Fund is required to maintain net revenues adequate to cover 110% of annual debt service. Gross revenue is defined as Operating Revenue combined with non-operating revenue. Debt service coverage for the Sewer Utility Fund for the year ended June 30, 2024, was as follows: NOTE 5: LEASES AND SUBSCRIPTION-BASED INFORMATION TECHNOLOGY ARRANGEMENTS A. Leases Receivable and Deferred Inflows of Resources The Department leases land to various companies for installation of cellular towers and fiberoptic communications. The terms range from 27 months to 268 months as of the contract commencement date. The Department also leases land to Little League International to operate a sports complex. The term is 231 months as of the contract commencement date. Some leases have extension options ranging from 6 months to 20 years. As of June 30, 2024, the value of the lease receivable is $3,478,126. The value of the deferred inflow of resources as of June 30, 2024, was $3,275,876, and the Department recognized lease revenue of $279,500 during the fiscal year. The amount of revenues recognized during the fiscal year for variable and other payments not previously included in the measurement of the lease receivable was $78,972. Year Ending June 30 Principal Interest Total 2025 810,000$ 1,154,775$ 1,964,775$ 2026 855,000 1,113,150 1,968,150 2027 895,000 1,069,400 1,964,400 2028 935,000 1,033,000 1,968,000 2029 965,000 1,003,897 1,968,897 2030-2034 5,345,000 4,488,641 9,833,641 2035-2039 6,470,000 3,360,600 9,830,600 2040-2044 7,905,000 1,928,100 9,833,100 2045-2047 5,560,000 339,600 5,899,600 Totals 29,740,000$ 15,491,163$ 45,231,163$ Gross revenue 47,385,433$ Operating expenses (50,351,356) Add back: depreciation/amortization expense 11,411,059 Non-operating income 2,121,049 Less: gain on disposal (599,981) Net revenues 9,966,204$ Annual debt service 1,964,275$ Actual coverage ratio 5.07 29 Packet Page. 862 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 5: LEASES AND SUBSCRIPTION-BASED INFORMATION TECHNOLOGY ARRANGEMENTS (CONTINUED) The principal and interest payments that are expected to maturity are as follows: B. Leases Payable and Lease Assets On July 1, 2021, the Department entered into a 39-month lease as lessee for the use of a 397 Modular office. An initial lease liability was recorded in the amount of $155,243. As of June 30, 2024, the value of the lease liability is $11,994. The Department is required to make monthly fixed payments of $4,000. The lease has an interest rate of 0.3080%. The value of the lease asset as of June 30, 2024 is $155,243 with accumulated amortization of $143,302. Future principal and interest requirements to maturity for each lease liability are as follows: C. Subscription-Based Information Technology Arrangements The Department had entered into various subscriptions as the subscriber for the use of software as a service. An initial subscription liability was recorded in the amount of $240,706 during the prior fiscal year. The terms of these subscriptions ranged from 21 to 33 months. As of June 30, 2024, the total value of the subscription liability was paid in full. The value of the subscription assets as of June 30, 2024 is $246,706, with an accumulated amortization of $195,093. Year Ending June 30 Principal Interest Total 2025 211,681$ 52,942$ 264,623$ 2026 220,658 49,755 270,413 2027 231,942 46,412 278,354 2028 243,636 42,896 286,532 2029 253,024 39,202 292,226 2030-2034 1,384,886 134,768 1,519,654 2035-2039 613,849 52,257 666,106 2040-2044 318,450 9,856 328,306 Totals 3,478,126$ 428,088$ 3,906,214$ Year Ending June 30 Principal Interest Total 2025 211,681$ 52,942$ 264,623$ 30 Packet Page. 863 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 6: COMPENSATED ABSENCES Compensated absences represent the amount of the accumulated vacation, which is expected to be liquidated with future resources. The water utility fund, sewer utility fund and sewer collection fund liquidate 100 percent of the compensated absences for business-type activities. There is no fixed payment schedule for unpaid compensated absences; see Note 1 for additional information. NOTE 7: PENSION PLAN The Department is considered to be part of the City of San Bernardino PERS pension plan, therefore all related information included in this note refers to the City as a whole unless specifically indicating otherwise. All qualified permanent and probationary employees are eligible to participate in the Department’s Miscellaneous Plan, an agent multiple-employer defined benefit pension plan administered by the California Public Employees’ Retirement System (CalPERS), which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plan are established by State statute and Local Government resolution. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website. Additional disclosures and required supplementary information regarding the City’s plan can be found in the City’s audited financial statements. A. Benefits Provided CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full-time employment. The Plans’ provisions and benefits in effect at the measurement date, are summarized as follows: Hire date Prior to October 3, 2011 On or after October 4, 2011 On or after January 1, 2013 Benefit formula 2.7% @ 55 2% @ 55 2% @ 60 Benefit vesting schedule 5 years service 5 years service 5 years service Benefit payments monthly for life monthly for life monthly for life Retirement age 50-55 50-55 52-67 Monthly benefits, as a % of eligible compensation 2.0% to 2.7% 2.0% to 2.7% 1.0% to 2.5% Required employee contribution rates 10% 10% 10% Required employer contribution rates 35% 35% 35% Miscellaneous Balance Balance Long-term July 1, 2023 Net Change June 30, 2024 Current Portion Portion Water Utility Fund 1,338,238$ 206,653$ 1,544,891$ 1,235,913$ 308,978$ Sewer Utility Fund 585,652 32,025 617,677 468,521 149,156 Total 1,923,890$ 238,678$ 2,162,568$ 1,704,434$ 458,134$ 31 Packet Page. 864 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 7: PENSION PLAN (CONTINUED) B. Employees Covered As of the June 30, 2022 valuation date, the following employees were covered by the benefit terms of the Plan: C. Contribution Description Section 20814(c) of the California Public Employees’ Retirement Law (PERL) requires that the employer contribution rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS’ annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The employer is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. Employer contribution rates may change if plan contracts are amended. Payments made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan member contribution requirements are classified as plan member contributions. Plan contributions for the year equaled $7,744,386. D. Actuarial Methods and Assumptions used to determine Total Pension Liability The June 30, 2022 valuation was rolled forward to determine the June 30, 2023 total pension liability, based on the following actuarial methods and assumptions: Actuarial Cost Method Entry Age Normal Cost Method Actuarial Assumptions Discount rate 6.90% Inflation 2.30% Salary increases Varies by entry age and services Mortality rate table Derived using CalPERS’ membership data for all funds Post-retirement benefit increase The lesser of contract COLA or 2.30% until purchasing power protection allowance floor on purchasing power applies, 2.30% thereafter The mortality table used was developed based on CalPERS-specific data. The probabilities of mortality are based on the 2021 CalPERS Experience Study and Review of Actuarial Assumptions. Mortality rates incorporate full generational mortality improvement using 80% of Scale MP-2020 published by the Society of Actuaries. For more details on this table, please refer to the 2021 experience study report from November 2021 that can be found on the CalPERS website. E. Long-Term Expected Rate of Return The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. City-Wide Department Inactive employees or beneficiaries currently receiving benefits 1,567 172 Inactive employees entitled to but not yet receiving benefits 1,096 36 Active employees 671 259 Total 3,334 467 32 Packet Page. 865 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 7: PENSION PLAN (CONTINUED) In determining the long-term expected rate of return, CalPERS took into account both short-term and long-term market return expectations. Using historical returns of all of the funds’ asset classes, expected compound (geometric) returns were calculated over the next 20 years using a building-block approach. The expected rate of return was then adjusted to account for assumed administrative expenses of 10 Basis points. The expected real rates of return by asset class are as follows: F. Discount Rate The discount rate used to measure the total pension liability was 6.90%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Assumed Asset Asset Class Allocation Real Return 1, 2 Global equity-cap-weighted 30.00%4.54% Global equity-non-cap-weighted 12.00%3.84% Private equity 13.00%7.28% Treasury 5.00%0.27% Mortgage-backed securities 5.00%0.50% Investment grade corporates 10.00%1.56% High yield 5.00%2.27% Emerging market debt 5.00%2.48% Private debt 5.00%3.57% Real assets 15.00%3.21% Leverage -5.00% -0.59% 1 An expected inflation of 2.30% used for this period. 2 Figures are based on the 2021 Asset Liability Management study 33 Packet Page. 866 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 7: PENSION PLAN (CONTINUED) G. Amortization of Deferred Outflows and Deferred Inflows of Resources Under GASB Statement No. 68, gains and losses related to changes in total pension liability and fiduciary net position are recognized in pension expense systematically over time. The first amortized amounts are recognized in pension expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pensions and are to be recognized in future pension expense. The amortization period differs depending on the source of the gain or loss: Net difference between projected 5-year straight-line amortization and actual earnings on pension plan investments All other amounts Straight-line amortization over the expected average remaining service lifetime (EARSL) of all members that are provided with benefits (active, inactive, and retired) as of the beginning of the measurement period. The EARSL for the plan for the measurement period ending June 30, 2023 is 2.2 years, which was obtained by dividing the total service years of 7,412 (the sum of remaining service lifetimes of the active employees) by 3,334 (the total number of participants: active, inactive, and retired). Inactive employees and retirees have remaining service lifetimes equal to 0. Total future service is based on the members’ probability of decrementing due to an event other than receiving a cash refund. H. Changes in Net Pension Liability The following table shows the Department’s proportionate share of the net pension liability of the City’s plan over the measurement period: The net pension liability of the plan is measured as of June 30, 2023, and the total pension liability for the plan used to calculate the net pension liability was determined by an actuarial valuation of June 30, 2022 rolled forward to June 30, 2023, using standard update procedures. The proportion of the net pension lability was based on a projection of the Department’s long-term share of contributions to the pension plan relative to the projected contributions of all participating employers, actuarially determined. The Department’s proportionate share of the net pension lability for the plan as of June 30, 2024 and 2023 was 36 percent. Net Pension Total Pension Plan Fiduciary Liability Liability (a) Net Position (b) (c) = (a) - (b) Balance at 6/30/2023 (Measurement Date 6/30/2022)234,951,657$ 164,809,826$ 70,141,831$ Balance at 6/30/2024 (Measurement Date 6/30/2023)242,663,139 170,152,490 72,510,649 Net changes during 2023-2024 7,711,482$ 5,342,664$ 2,368,818$ Increase (Decrease) 34 Packet Page. 867 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 7: PENSION PLAN (CONTINUED) I. Sensitivity of the Net Pension Liability to Changes in the Discount Rate The following presents the net pension liability of the Plan as of the Measurement Date, calculated using the discount rate of 6.90 percent, as well as what the net pension liability would be if it were calculated using a discount rate that is 1 percentage-point lower (5.90 percent) or 1 percentage-point higher (7.90 percent) than the current rate: J. Pension Expense and Deferred Outflows and Deferred Inflows of Resources Related to Pensions For the fiscal year ended June 30, 2024, the Department recognized pension expense of $11,783,510. As of June 30, 2024, the Department reports other amounts for the Plan as deferred outflow and deferred inflow of resources related to pensions as follows: The $7,744,386 reported as deferred outflows of resources related to employer contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2025. That and other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows: Discount Rate Current Discount Discount Rate -1% (5.90%) Rate (6.90%) +1% (7.90%) Plan's Net Pension Liability -Department Allocation (36%)46,943,027$ 72,510,649$ 103,521,332$ Deferred Outflows Deferred Inflows of Resources of Resources Pension contributions subsequent to the measurement date 7,744,386$ -$ Differences between expected and actual experience 985,694 79,454 Changes in assumptions 319,405 - Net difference between projected and actual earnings on pension plan investments 7,727,851 - Total 16,777,336$ 79,454$ Deferred Outflows/ Year Ended (Deferred Inflows) June 30, of Resources 2025 2,395,482$ 2026 872,803 2027 5,478,790 2028 206,421 Total 8,953,496$ 35 Packet Page. 868 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024 NOTE 7: PENSION PLAN (CONTINUED) K. Pension Plan Fiduciary Net Position The plan fiduciary net position disclosed in the GASB 68 accounting valuation report may differ from the plan assets reported in the funding actuarial valuation report due to several reasons. First, for the accounting valuations, CalPERS must keep items such as deficiency reserves, fiduciary self-insurance and OPEB expense included as assets. These amounts are excluded for rate setting purposes in the funding actuarial valuation. In addition, differences may result from early Annual Comprehensive Financial Report closing and final reconciled reserves. NOTE 8: OTHER POST-EMPLOYMENT BENEFITS (OPEB) A. Plan Description The Department provides health benefits to all qualifying retirees and their spouses in accordance with Memorandums of Understanding under various labor agreements. The other post-employment benefits plan is a single-employer plan administered by the Department. B. Employees Covered Employees are eligible for retiree health benefits if they retire from the Department on or after age 50 with at least 10, 12, or 15 years of service, depending on bargaining unit, and are eligible for a PERS pension. As of the June 30, 2022 valuation date, the following current and former employees were covered by the benefit terms under the OPEB Plan: C. Contributions The contribution requirements of plan members and the Department are established and may be amended by the Board. The required contribution is based on projected pay-as-you-go financing requirements, with an additional amount to prefund benefits as may be determined annually by the Board. The Department has established an irrevocable trust to which pre-funding contributions are made. For the fiscal year ended June 30, 2024, the Department’s contributions were $1,783,630, which include the implicit subsidy of $580,575. D. Net OPEB Liability/(Asset) The Department’s net OPEB liability/(asset) was measured as of June 30, 2023, and the total OPEB liability used to calculate the net OPEB liability/(asset) was determined by an actuarial valuation dated June 30, 2022 that was rolled forward to determine the June 30, 2023 total OPEB liability, based on the following actuarial methods and assumptions: Actuarial Cost Method: Entry Age Normal Discount Rate 6.25% Inflation 2.50% Mortality Based on assumptions for Public Agency Miscellaneous members published in the 2021 CalPERS Experience Study. These tables include generational mortality improvement using 80% of scale MP- 2020. Healthcare Trend Rate 6.8% for not Medicare eligible and 5.4% for Medicare eligible for FY 2023, gradually decreasing over several decades to an ultimate rate of 3.9% in FY 2076 and later years. Active employees electing medical coverage 221 Active employees waiving medical coverage 35 Retirees electing medical coverage 132 Retirees with only non-medical OPEB coverage 25 Total 413 36 Packet Page. 869 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 8: OTHER POST-EMPLOYMENT BENEFITS (OPEB) (CONTINUED) The long-term expected rate of return on OPEB plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of OPEB plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighing the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Target Allocation Expected Real Rate of Return Fixed income 40%1.47% Global Equity 60%4.82% Assumed long-term rate of inflation -2.75% Expected long-term net rate of return -6.25% Total 100% E. Discount Rate The discount rate used to measure the total OPEB liability was 6.25 percent. The projection of cash flows used to determine the discount rate assumed that the Department’s contributions will be made at rates equal to the actuarially determined contribution rates. Based on those assumptions, the OPEB plan’s fiduciary net position was projected to be available to make all projected OPEB payments for current active and inactive employees and beneficiaries. Therefore, the long-term expected rate of return on OPEB plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability. F. Changes in the Net OPEB Liability/(Asset) The changes in the net OPEB liability/(asset) are as follows: Net OPEB Total OPEB Plan Fiduciary Liability (Asset) Liability (a) Net Position (b) (c) = (a) - (b) Balance at 6/30/2023 (Measurement Date 6/30/2022)33,106,372$ 35,328,118$ (2,221,746)$ Changes for the year Service cost 809,659 - 809,659 Interest 2,066,543 - 2,066,543 Differences between expected and actual experience 71,864 -71,864 Employer contributions - 2,331,720 (2,331,720) Net investment income - 2,970,846 (2,970,846) Benefit payments (1,702,700) (1,702,700) - A dministrative expense -(10,161) 10,161 Net changes 1,245,366 3,589,705 (2,344,339) Balance at 6/30/2024 (Measurement Date 6/30/2023)34,351,738$ 38,917,823$ (4,566,085)$ Increase (Decrease) 37 Packet Page. 870 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 8: OTHER POST-EMPLOYMENT BENEFITS (OPEB) (CONTINUED) G. Sensitivity of the Net OPEB Liability/(Asset) to Changes in the Discount Rate The following presents the net OPEB liability/(asset) of the Department if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate, for measurement period ended June 30, 2023: H. Sensitivity of the Net OPEB Liability to Changes in the Health Care Cost Trend Rates The following presents the net OPEB liability of the Department if it were calculated using health care cost trend rates that are one percentage point lower or one percentage point higher than the current rate, for measurement period ended June 30, 2023: I. Recognition of Deferred Outflows and Deferred Inflows of Resources Gains and losses related to changes in total OPEB liability and fiduciary net position are recognized in OPEB expense systematically over time. Amounts are first recognized in OPEB expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to OPEB and are to be recognized in future OPEB expenses. The recognition period differs depending on the source of the gain or loss. The net difference between projected and actual earnings on OPEB plan investments are amortized over 5 years, while all other deferred outflows and inflows are amortized over the average expected remaining service life of plan participants. J. OPEB Income and Deferred Outflows/Inflows of Resources Related to OPEB For the fiscal year ended June 30, 2024, the Department recognized OPEB income of $1,446,918. As of fiscal year ended June 30, 2024, the Department reported deferred outflows of resources related to OPEB from the following sources: Discount Rate Current Discount Discount Rate -1% (5.25%) Rate (6.25%) +1% (7.25%) Net OPEB Liability/(Asset)177,681$ (4,566,085)$ (8,468,502)$ 1% Decrease Current Rate 1% Increase Net OPEB Liability/(Asset) (9,044,973)$ (4,566,085)$ 1,014,604$ Deferred Outflows Deferred Inflows of Resources of Resources OPEB contributions subsequent to the measurement date 1,783,630$ -$ Differences between expected and actual experience 94,664 5,156,242 Changes in assumptions - 2,701,586 Net difference between projected and actual earnings on OPEB plan investments 1,262,633 - Total 3,140,927$ 7,857,828$ 38 Packet Page. 871 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024 NOTE 8: OTHER POST-EMPLOYMENT BENEFITS (OPEB) (CONTINUED) The $1,783,630 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net OPEB liability for the subsequent fiscal year. Other amounts reported as deferred outflows of resources related to OPEB will be recognized as expense as follows: NOTE 9: JOINT VENTURES A. Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation Authority On August 2, 1994, the City of San Bernardino, through the Department formed a joint powers authority with the City of Colton to construct, operate, use, and maintain tertiary wastewater treatment, disposal, and water reclamations systems, including the Regional Rapid Infiltration and Extraction Facility (RIX). This authority is governed by a separate board consisting of four members: two appointed by the City of San Bernardino through the Department’s BOWC and two appointed by the City Council of the City of Colton. Construction of RIX was administered by the Santa Ana Watershed Project Authority and was completed during 1996. Administration and operation were turned over at that time. The cities of San Bernardino and Colton each have a measurable equity interest in the net position of RIX in proportion to its contributions, which are based on an 80% / 20% split, respectively. Substantially all of the assets of RIX are in the form of capital assets. Annual revenues (in the form of contributions from the two member cities) are equal to annual expenses. The Department's equity interest in this joint venture has been reported as an investment in joint venture in the accompanying statement of net position. Below are the most currently available condensed audited financial statements of RIX as of June 30, 2024. The RIX complete financial statements may be obtained at City of San Bernardino Municipal Water Department at: 1350 South E. Street, San Bernardino, California 92418. Deferred Outflows/ Year Ended (Deferred Inflows) June 30, of Resources 2025 (1,957,124)$ 2026 (1,970,133) 2027 (783,069) 2028 (1,092,921) 2029 (709,508) Thereafter 12,224 Total (6,500,531)$ Assets 27,455,218$ Liabilities 1,780,085 Net position 25,675,133$ Revenues 6,835,578$ Expenses 7,691,075 Change in net position (855,497) Net position-beginning 26,530,630 Net position-ending 25,675,133$ 39 Packet Page. 872 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 9: JOINT VENTURES (CONTINUED) B. West End Water Development, Treatment and Conservation Joint Powers Authority On August 15, 1990, the City of San Bernardino joined the West End Water Development, Treatment and Conservation Joint Powers Authority (WEJPA) as a financing vehicle for construction of water facilities. A three-member board consisting of one representative from each agency’s governing body governs the WEJPA. This joint venture was formed to provide a financing vehicle for the three member agencies. This joint venture is currently inactive. NOTE 10: COMMITMENTS AND CONTINGENCIES A. Risk Management Risk management activities are recorded in all utility funds. Significant losses are covered by insurance for all major events except workers’ compensation, for which the Department retains risk of loss in conjunction with the City of San Bernardino’s risk management program for workers compensation. Settlement amounts have not exceeded insurance coverage for the current year or the prior three years. Insurance coverage has been increased over the past several years. The Department records an estimated liability for workers’ compensation. Claims liabilities are based on estimates of the ultimate cost of reported claims and an estimate for claims incurred but not reported based upon historical experience. Workers’ compensation claims liability is not discounted. The following are the changes in approximate aggregate liabilities for the years ended June 30, 2023 and June 30, 2024. During the past three fiscal (claims) years, the Department had no settlements or judgments that exceeded pooled or insured coverage. There were also no significant reductions in pooled or insured liability coverage in fiscal year 2024. B. Litigation In the ordinary course of operations, the Department is subject to claims and litigation from outside parties. After consultation with legal counsel, the Department believes the ultimate outcome of such matters, if any, will not materially affect its financial condition. Claims Liabilities Water Utility Sewer Utility Total Balance, June 30, 2022 3,855,876$ 1,085,903$ 4,941,779$ Claims and changes in estimates 3,195,575 218,323 3,413,898 Balance, June 30, 2023 7,051,451 1,304,226 8,355,677 Claims and changes in estimates (1,064,922) (200,602) (1,265,524) Balance, June 30, 2024 5,986,529$ 1,103,624$ 7,090,153$ 40 Packet Page. 873 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 10: COMMITMENTS AND CONTINGENCIES (CONTINUED) C. Construction Commitments The following schedule summarizes the major contractual commitments as of June 30, 2024: NOTE 11: FEDERAL AND STATE GRANTS Grant funds received by the Department are subject to audit by the grantor agencies. Such an audit could lead to requests for reimbursements to the grantor agencies for expenditures disallowed under the terms of the grant. The management of the Department believes that such disallowances, if any, would not be significant. The Department produces a Single Audit that details the use of grant and Consent Decree funds (see note 12 for information on the Consent Decree). NOTE 12: CONSENT DECREE In 1996, the City of San Bernardino filed a complaint against the United States of America, Department of the Army to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a World War II army installation known as Camp Ono. In March 2005, the United States District Court, Central Division entered judgment, in the form of a consent decree, in the matter of City of San Bernardino v. United States of America. The Consent Decree settles the City’s and the State’s claims arising from the groundwater contamination allegedly caused by the Army. The Consent Decree contains a number of provisions obligating the City (through the Department) to operate and maintain the Newmark Groundwater Superfund Site (Site). The Site consists of two operable units, the Newmark Operable Unit, and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. The Muscoy Operable unit was declared operational and functional in 2007. The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the Consent Decree. Upon acceptance of the Consent Decree, the Department received title to all facilities constructed by the United States Environmental Protection Agency (EPA) of the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million payment consisted of $59 million for operations and maintenance and $10 million for the construction of certain capital facilities that would be required in the future; the funds are subject to strict limitations, contained in the Consent Decree, as to how the money may be spent. Pursuant to the Consent Decree, $10 million, including interest earned, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expand the Department’s capacity to deliver potable water and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These capital facility funds may not be used for costs incurred to operate, maintain, repair, or retrofit components of the site extraction of treatment systems constructed by EPA. CIP Project Name/Description CIP Project # PO/Contract Amount Expenditures to date Remaining Commitments SBMWD Water Facilities Relocation Phase I C1410589/C1700196 24,002,728 4,882,643 19,120,085 Tertiary Treatment System C1700194 14,083,357 6,622,994 7,460,363 East Influent Siphon - Phases I and II C2450071 12,237,650 5,857,395 6,380,255 Reservoir Seismic Upgrades Phase III for Devore C2311098 11,232,000 3,041,427 8,190,573 Verdemont 2300 Pz. East Water Facilities C1710828 10,115,361 1,699,847 8,415,514 Emergency Drying Beds Lining C2300286 6,750,433 4,934,576 1,815,857 2021/2022 Consultant CM and Inspection Svcs C1410689/C1700196 2,154,843 204,444 1,950,399 Long-term Biosolids Handling and Disposal Svc Cont 1,868,000 912,799 955,201 3rd Party CM and Inspection Services C1700194 1,718,368 984,132 734,236 CM and Inspection Services for Verdemont 2300 PZ Svc Cont 1,437,311 236,864 1,200,447 GPA Agreement with Itron, Inc. for AMI C2211020 1,289,363 - 1,289,363 Interactive O&M Manual M2300295/M2300296 1,250,000 733,272 516,728 Inspection Services for Four Steel Reservoirs C2311098 1,174,799 263,758 911,041 Eng. Dsgn. Multiple CIP Water Pipeline Replacements C1700194 1,056,319 270,321 785,998 Digester B Replacement C2100254 972,429 178,964 793,465 41 Packet Page. 874 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes to the Basic Financial Statements For the Year Ended June 30, 2024  NOTE 12: CONSENT DECREE (COTNINUED) In March 2006, the Department entered into a Guaranteed Investment Contract with AIG Match Funding Corporation. The Department invested $16,482,039 of excess Consent Decree funds into an interest-bearing Escrow Fund investment with an interest rate of 4.95% per annum. These funds were invested to pay costs associated with the water facilities defined in the Consent Decree for the years 2035-2056. An additional $50 million was used to purchase a blended insurance policy to provide a financial vehicle that provides cost gap coverage for the first 30 years of expenses. The terms of the Guaranteed Investment Contract only provided the Department with the position of a secured creditor with respect to an AIG bankruptcy. As concerns arose regarding AIG’s financial credibility, in October 2009, the Department negotiated and accepted a “payout” in the amount of $18,661,876 which represented the principal and accrued interest as of that date. These funds are currently invested in a diversified portfolio managed by PFM Asset Management and are presented in more detail in Note 3. NOTE 13: SUBSEQUENT EVENTS The Department evaluated subsequent events for recognition and disclosure through November 27, 2024, the date on which these financial statements were available to be issued. Management concluded that no material subsequent events have occurred since June 30, 2024, that required recognition or disclosure in these financial statements. 42 Packet Page. 875 5(48,5('6833/(0(17$5<,1)250$7,21 43 7+,63$*(,17(17,21$//</()7%/$1. 44 Packet Page. 877 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Proportationate Share of Net Pension Liability As of June 30, for the Last Ten Fiscal Years Proportionate Share Plan's Fiduciary Proportion of the Proportionate of the Net Pension Net Position as a Reporting Date 1 Net Pension Share of Net Liability as a % of % of the Total as of June 30,Liability Pension Liability Covered Payroll Covered Payroll Pension Liability 2024 36%72,510,649$ 22,022,839$ 329%70%2023 36%70,141,831 20,821,422 337%70%2022 36%40,743,630 20,103,974 203%82%2021 36%64,101,577 18,770,894 341%71%2020 36%60,531,689 17,169,126 353%72%2019 36%56,856,346 15,357,635 370%72%2018 36%58,595,075 14,876,739 394%71%2017 36%53,652,216 14,177,779 378%72%2016 36%44,917,863 14,087,004 319%76%2015 36%40,932,398 14,017,065 292%78% Notes to Schedule of Proportionate Share of the Net Pension Liability: 1 The proportions and proportionate share of the net pension liability are measured as of one year behind the reporting date. Refer to notes to basic financial statements. Benefit Changes : None Changes of Assumptions : None 45 Packet Page. 878 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Changes in Net OPEB Liability (Asset) and Related Ratios As of June 30, for the Last Ten Fiscal Years 1 2024 2023 2022Measurement Date 6/30/2023 6/30/2022 6/30/2021 TOTAL OPEB LIABILITYService cost 809,659$ 984,915$ 956,228$ Interest on total pension liability 2,066,543 2,336,141 2,240,570 Changes of benefit terms - - - Changes of assumptions - (2,619,432) - Difference between expected and actual experience 71,864 (3,119,394) - Benefit payments, including refunds of employeecontributions (1,702,700) (1,738,412) (1,654,270) Net change in total OPEB liability 1,245,366 (4,156,182) 1,542,528 Total OPEB liability-beginning 33,106,372 37,262,554 35,720,026 Total OPEB liability-ending (a)34,351,738 33,106,372 37,262,554 PLAN FIDUCIARY NET POSITIONContributions-employer 2,331,720 1,738,412 2,737,270 Net investment income 2,970,846 (4,469,586) 7,886,756 Benefit payments, including refunds of employeecontributions (1,702,700) (1,738,412) (1,654,270) Administrative expense (10,161) (11,068) (10,052) Net change in fiduciary net position 3,589,705 (4,480,654) 8,959,704 Plan fiduciary net position-beginning 35,328,118 39,808,772 30,849,068 Plan fiduciary net position-ending (b)38,917,823 35,328,118 39,808,772 Net OPEB liability/(asset) (a) - (b)(4,566,085)$ (2,221,746)$ (2,546,218)$ Plan fiduciary net position as a percentage of the total OPEB liability 113%107%107% Covered-employee payroll 28,172,331$ 25,597,944$ 21,203,035$ Plan net OPEB liability/(asset) as a percentage of covered-employee payroll -16%-9%-12% Notes to Schedule of Changes in the Net OPEB Liability and Related Ratios: Benefit Changes : None Changes of Assumptions : None 1 Fiscal year 2018 was the first year of GASB Statement No.75 implementation; therefore only seven years are shown. 46 Packet Page. 879 2021 2020 2019 20186/30/2020 6/30/2019 6/30/2018 6/30/2017 1,352,161$ 1,312,778$ 1,067,080$ 1,036,000$ 2,651,878 2,512,269 2,449,681 2,322,000 - - (640,849) - (1,784,735) - (1,065,369) - (6,747,960) - 523,834 - (1,658,421) (1,602,932) (1,554,389) (1,118,000) (6,187,077) 2,222,115 779,988 2,240,000 41,907,103 39,684,988 38,905,000 36,665,000 35,720,026 41,907,103 39,684,988 38,905,000 2,602,421 2,615,932 2,673,389 2,602,000 1,564,423 2,036,956 1,848,262 2,204,000 (1,658,421) (1,602,932) (1,554,389) (1,118,000) (8,657) (8,061) (7,855) (7,000) 2,499,766 3,041,895 2,959,407 3,681,000 28,349,302 25,307,407 22,348,000 18,667,000 30,849,068 28,349,302 25,307,407 22,348,000 4,870,958$ 13,557,801$ 14,377,581$ 16,557,000$ 86%68%64%57% 19,691,462$ 17,981,957$ 16,768,495$ 19,132,000$ 25%75%86%87% Benefit Changes: None Changes of Assumptions: None 47 Packet Page. 880 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedules of Plan Contributions As of June 30, for the Last Ten Fiscal Years 1 Covered/Contribution as a Fiscal Year Actuarially Actual Contribution Covered-% of Covered/ Ending Determined Employer Deficiency Employee Covered Employee June 30,Contribution Contributions (Excess)Payroll Payroll 2024 7,744,386$ 7,744,386$ -$ 24,086,933$ 32%2023 7,304,613 7,304,613 - 22,022,839 33%2022 6,656,656 6,656,656 - 20,821,422 32%2021 6,492,199 6,492,199 - 20,103,974 32%2020 5,814,288 5,814,288 - 18,770,894 31%2019 5,251,737 5,251,737 - 17,169,126 31%2018 4,467,847 4,467,847 - 15,357,635 29%2017 3,886,888 3,886,888 - 14,876,739 26%2016 3,607,950 3,607,950 - 14,177,779 25%2015 2,979,160 2,979,160 - 14,087,004 21% 2024 898,426$ 1,783,630$ (885,204)$ 26,706,880$ 7%2023 1,559,000 2,327,743 (768,743) 28,172,331 8%2022 1,572,000 1,738,412 (166,412) 25,597,944 7%2021 1,652,000 2,737,270 (1,085,270) 21,203,035 13%2020 2,728,000 2,602,421 125,579 19,691,462 13%2019 2,760,000 2,615,932 144,068 17,981,957 15%2018 2,592,000 2,673,000 (81,000) 16,768,495 16% Notes to Schedule of Plan Contributions: Valuation Date: June 30, 2021 (pension plan); June 30, 2022 (OPEB plan)Actuarial Cost Method: Entry Age NormalAsset Valuation Method: Fair Value of AssetsInflation: 2.3% (pension plan); 2.5% (OPEB plan)Salary Increases: Varies by entry age and servicePayroll Growth: 2.8% (pension plan)Investment Rate of Return: 6.8% (pension plan); 6.25% (OPEB plan)Retirement Age: Based on 2017 CalPERS Experience Study, available at CalPERS website (pension) Mortality: 2017 CalPERS Experience Study (pension); 2021 CalPERS Experience Study (OPEB)Mortality Improvement (OPEB): 80% of Scale MP-2020 The actuarial methods and assumptions used to set the actuarially determined contributions for fiscal year 2023-24 were derived from the following: Medical Trend (OPEB): 6.8% for Non-Medicare and 5.4% for Medicare decreasing to an ultimate rate of 3.9% in 2076 and later years. 1 Fiscal year 2018 was the first year of GASB Statement No. 75 implementation; therefore only seven years for the Other Post- Employment Benefits Plan are shown. Other Post-Employment Benefits Plan Pension Plan 48 Packet Page. 881 67$7,67,&$/6(&7,21 49 7+,63$*(,17(17,21$//</()7%/$1. 50 Packet Page. 883 FINANCIAL TRENDS These schedules contain trend informaton to help the reader understand how the Department's financial performance and well-being have changed over time. 51 Packet Page. 884 7+,63$*(,17(17,21$//</()7%/$1. 52 Packet Page. 885 City of San Bernardino Municipal Water Department Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2015 57,805,304 55,074,661 2,730,643 3,801,830 4,977,945 11,510,418 6/30/2016 55,376,650 53,529,824 1,846,826 2,059,111 4,271,325 8,177,262 6/30/2017 *64,488,587 61,895,872 2,592,715 8,431,207 21,995,016 33,018,938 6/30/2018 76,620,620 68,734,958 7,885,662 (1,872,712) 4,854,784 10,867,734 6/30/2019 77,094,723 66,921,125 10,173,598 (7,553,171) 10,121,344 12,741,771 6/30/2020 78,184,698 70,778,987 7,405,711 748,213 4,604,699 12,758,623 6/30/2021 80,831,467 77,247,428 3,584,039 (1,980,043) 6,605,556 8,209,552 6/30/2022 83,517,341 72,109,935 11,407,406 (2,315,279) 8,071,944 17,164,071 6/30/2023 89,113,376 87,785,516 1,327,860 1,397,918 8,613,085 11,338,863 6/30/2024 92,725,810 103,703,223 (10,977,413) 7,923,929 7,855,349 4,801,865 Source: Department's annual reports *Fiscal Years 2014-2016 contain only the Sewer Treatment and Water Utility Funds. The Sewer Collections Fund was transferred to the Department on May 1, 2017. - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S Changes in Net Position -Combined Funds Changes in Net Position 53 Packet Page. 886 City of San Bernardino Municipal Water Department Water Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2015 33,121,128 35,504,582 (2,383,454) 2,702,953 3,905,104 4,224,603 6/30/2016 30,001,871 34,834,362 (4,832,491) 2,283,230 2,812,192 262,931 6/30/2017 33,358,907 37,074,670 (3,715,763) (546,280) 2,194,093 (2,067,950) 6/30/2018 38,280,016 34,446,105 3,833,911 1,198,161 3,323,031 8,355,103 6/30/2019 39,099,960 33,995,037 5,104,923 1,829,448 2,737,031 9,671,402 6/30/2020 40,267,376 38,626,151 1,641,225 1,655,628 2,002,637 5,299,490 6/30/2021 42,758,192 42,480,855 277,337 791,527 3,861,010 4,929,874 6/30/2022 43,150,124 37,626,046 5,524,078 483,961 4,718,864 10,726,903 6/30/2023 44,091,833 46,710,892 (2,619,059) 1,380,979 5,976,186 4,738,106 6/30/2024 45,985,090 53,996,580 (8,011,490) 6,977,920 5,130,185 4,096,615 Source: Department's annual reports (3,000) (1,000) 1,000 3,000 5,000 7,000 9,000 11,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S Changes in Net Position -Water Fund Changes in Net Position 54 Packet Page. 887 City of San Bernardino Municipal Water Department Sewer Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2015 24,734,425 19,620,328 5,114,097 1,098,877 1,072,841 7,285,815 6/30/2016 25,410,740 18,731,423 6,679,317 (224,119) 1,459,133 7,914,331 6/30/2017 28,612,019 24,139,878 4,472,141 (3,624,658) 1,355,494 2,202,977 6/30/2018 30,733,453 22,697,491 8,035,962 (3,275,704) 1,280,280 6,040,538 6/30/2019 30,546,181 24,866,681 5,679,500 (9,967,309) 7,092,785 2,804,976 6/30/2020 30,397,092 24,648,411 5,748,681 (1,537,179) 2,257,330 6,468,832 6/30/2021 30,361,116 26,986,385 3,374,731 (2,782,481) 2,502,263 3,094,513 6/30/2022 34,171,160 26,794,390 7,376,770 (2,288,006) 2,294,541 7,383,305 6/30/2023 *45,544,260 41,597,341 3,946,919 16,939 2,636,899 6,600,757 6/30/2024 *47,385,433 50,351,356 (2,965,923) 946,009 2,725,164 705,250 Source: Department's annual reports * The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. (2,000) - 2,000 4,000 6,000 8,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S Changes in Net Position -Sewer Fund Changes in Net Position 55 Packet Page. 888 City of San Bernardino Municipal Water Department Sewer Collection Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2015 n/a n/a n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a n/a n/a 6/30/2017 *2,891,203 1,054,866 1,836,337 12,602,145 18,445,429 32,883,911 6/30/2018 7,682,946 11,667,157 (3,984,211) 204,831 251,473 (3,527,907) 6/30/2019 7,562,097 8,172,922 (610,825) 584,690 291,528 265,393 6/30/2020 7,666,309 7,650,504 15,805 629,764 344,732 990,301 6/30/2021 7,794,418 7,862,447 (68,029) 10,911 242,283 185,165 6/30/2022 6,394,623 7,888,065 (1,493,442) (511,234) 1,058,539 (946,137) 6/30/2023 **- - - - - - 6/30/2024 - - - - - - ** The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. (5,000) - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S Changes in Net Position -Sewer Collection Fund Changes in Net Position 56 Packet Page. 889 City of San Bernardino Municipal Water Department Net Position by Component Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2015 223,053,269 7,633,049 12,510,969 243,197,287 6/30/2016 235,670,073 7,814,086 7,890,390 251,374,549 6/30/2017 *250,399,481 7,944,758 26,049,248 284,393,487 6/30/2018 248,653,963 8,363,037 23,912,311 280,929,311 6/30/2019 259,671,498 - 33,999,894 293,671,392 6/30/2020 255,270,720 - 51,158,985 306,429,705 6/30/2021 253,288,732 - 61,350,525 314,639,257 6/30/2022 250,324,366 - 81,696,554 332,020,920 6/30/2023 251,609,753 2,221,746 89,528,284 343,359,783 6/30/2024 275,842,317 4,566,085 67,753,246 348,161,648 Source: Department's annual reports * Fiscal Years 2014-2016 contain only Sewer Treatment and Water Utility Funds. The Sewer Collections Fund was transferred to the Department on May 1, 2017. - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S NET POSITION BY COMPONENT COMBINED (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 57 Packet Page. 890 City of San Bernardino Municipal Water Department Net Position by Component - Water Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2015 166,963,238 n/a (15,152,937) 151,810,301 6/30/2016 169,730,998 n/a (17,657,766) 152,073,232 6/30/2017 169,569,746 n/a (19,564,464) 150,005,282 6/30/2018 171,794,031 n/a (20,699,066) 151,094,965 6/30/2019 177,158,535 n/a (16,391,858) 160,766,677 6/30/2020 168,992,121 n/a (2,926,264) 166,065,857 6/30/2021 168,553,917 n/a 2,441,814 170,995,731 6/30/2022 168,172,810 n/a 13,549,824 181,722,634 6/30/2023 172,417,321 1,152,463 12,890,956 186,460,740 6/30/2024 180,168,996 2,414,089 7,974,270 190,557,355 Source: Department's annual reports (50,000) - 50,000 100,000 150,000 200,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S NET POSITION BY COMPONENT: WATER FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 58 Packet Page. 891 City of San Bernardino Municipal Water Department Net Position by Component - Sewer Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2015 56,090,031 7,633,049 27,663,906 91,386,986 6/30/2016 65,939,075 7,814,086 25,548,156 99,301,317 6/30/2017 62,633,783 7,944,758 30,925,753 101,504,294 6/30/2018 59,011,109 8,363,037 33,041,181 100,415,327 6/30/2019 63,243,033 n/a 40,040,285 103,283,318 6/30/2020 66,906,874 n/a 42,845,276 109,752,150 6/30/2021 64,650,540 n/a 48,196,123 112,846,663 6/30/2022 60,853,472 n/a 59,251,320 120,104,792 6/30/2023 *79,192,432 1,069,283 76,637,328 156,899,043 6/30/2024 95,673,321 2,151,996 59,778,976 157,604,293 Source: Department's annual reports * The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. - 50,000 100,000 150,000 200,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TH O U S A N D S NET POSITION BY COMPONENT: SEWER FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 59 Packet Page. 892 City of San Bernardino Municipal Water Department Net Position by Component - Sewer Collection Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2015 n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a 6/30/2017 *18,195,952 n/a 14,687,959 32,883,911 6/30/2018 17,848,823 n/a 11,507,181 29,356,004 6/30/2019 19,269,930 n/a 10,351,467 29,621,397 6/30/2020 19,371,725 n/a 11,239,973 30,611,698 6/30/2021 20,084,275 n/a 10,712,588 30,796,863 6/30/2022 21,298,084 n/a 8,895,410 30,193,494 6/30/2023 **- -- - 6/30/2024 **- -- - ** The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 20 2 4 TH O U S A N D S NET POSITION BY COMPONENT: SEWER COLLECTION FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 60 Packet Page. 893 City of San Bernardino Municipal Water Department Water Fund Revenue Type Last Ten Fiscal Years Fiscal Year Ended Water Sales Service Charges/Fees Other Services Total Operating Revenue Interest Income Rental Income Other Income Gain on asset disposition Noncapital grant funds Total Non Operating Income 6/30/2015 31,217,534 1,789,654 113,940 33,121,128 54,786 181,809 545,840 - 2,089,637 2,872,072 6/30/2016 28,293,790 1,604,472 103,609 30,001,871 63,566 134,845 495,298 - 1,696,219 2,389,928 6/30/2017 31,893,209 1,347,993 117,705 33,358,907 31,504 203,186 301,833 - 2,047,946 2,584,469 6/30/2018 36,825,634 1,350,623 103,753 38,280,010 975,144 208,925 206,645 46,356 1,776,883 3,213,953 6/30/2019 37,775,285 1,237,903 86,772 39,099,960 903,399 206,360 867,763 12,669 1,891,729 3,881,920 6/30/2020 39,162,485 1,020,818 84,073 40,267,376 747,477 245,784 651,031 - 1,991,747 3,636,039 6/30/2021 41,760,745 910,628 86,819 42,758,192 29,541 286,553 306,785 83,682 2,011,099 2,717,660 6/30/2022 42,175,623 905,674 68,828 43,150,124 - 347,849 530,326 28,846 1,910,435 2,817,456 6/30/2023 42,635,542 1,427,234 29,057 44,091,833 1,126,039 267,668 140,266 4,859 1,684,006 3,222,838 6/30/2024 44,697,545 1,252,884 34,661 45,985,090 2,544,768 358,472 206,697 85,041 5,566,773 8,761,751 Source: Department's annual reports - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 Th o u s a n d s Operating Revenue by Type-Water Fund Other Services Service Charges/Fees Water Sales - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 Th o u s a n d s Non-Operating Revenue by Type: Water Fund Noncapital grant funds Gain on asset disposition Other Income Rental Income Interest Income 61 Packet Page. 894 City of San Bernardino Municipal Water Department Sewer Fund Revenue by Type Last Ten Fiscal Years Fiscal Year Ended Sewer Treatment Revenue Industrial Waste Other Operating Revenue Total Operating Revenue Interest Income Rental Income Other Income Gain on Asset Disposition /Joint Venture Total Non Operating Income 6/30/2015 24,399,415 335,010 - 24,734,425 481,211 700 498,247 345,884 1,326,042 6/30/2016 25,030,569 380,171 - 25,410,740 658,456 41,498 359,800 - 1,059,754 6/30/2017 28,022,259 589,760 - 28,612,019 23,391 15,908 - - 3 9,299 6/30/2018 30,039,110 694,342 - 30,733,452 - 12,481 - 6,063 1 8,544 6/30/2019 29,861,192 684,989 - 30,546,181 1,361,936 - - 9,417 1,371,353 6/30/2020 29,712,734 684,358 - 30,397,092 1,322,367 - - - 1,322,367 6/30/2021 29,587,597 773,519 - 30,361,116 19,472 - - - 1 9,472 6/30/2022 33,347,882 823,278 - 34,171,160 - - - - - 6/30/2023 *44,519,998 1,024,262 - 45,544,260 1,251,526 - (15,420)- 1,236,106 6/30/2024 *46,224,150 1,161,283 - 47,385,433 1,521,068 - - 599,981 2,121,049 Source: Department's annual reports * The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 Th o u s a n d s Operating Revenue by Type-Sewer Fund Other Operating Revenue Industrial Waste Sewer Treatment Revenue (500) - 500 1,000 1,500 2,000 2,500 Th o u s a n d s Non-Operating Revenue by Type -Sewer Treatment Fund Gain on Asset Disposition /Joint Venture Other Income Rental Income Interest Income 62 Packet Page. 895 City of San Bernardino Municipal Water Department Sewer Collection Fund Revenue by Type Last Ten Fiscal Years Fiscal Year Ended Sewer Collection Revenue Service Charges/Fees Other Operating Revenue Total Operating Revenue Interest Income Rental Income Other Income Gain on asset disposition/Cont ribution from City Total Non Operating Income 6/30/2015 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2017 *2,860,627 30,576 -2,891,203 28,315 - - 12,580,781 12,609,096 6/30/2018 7,679,020 3,926 -7,682,946 201,663 - 251,473 3,168 456,304 6/30/2019 7,555,960 6,137 -7,562,097 584,685 - 5 - 584,690 6/30/2020 7,656,675 9,634 -7,666,309 626,761 - - 3,003 629,764 6/30/2021 7,759,318 35,100 -7,794,418 1,605 - 9,306 - 10,911 6/30/2022 6,306,843 87,780 -6,394,623 - - - 6/30/2023 **- - -- - - - - - 6/30/2024 **- - -- - - - - - ** The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 6/30/2024 Th o u s a n d s Operating Revenue by Type-Sewer Collection Fund Other Operating Revenue Service Charges/Fees Sewer Collection Revenue - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 Th o u s a n d s Non-Operating Revenue by Type -Sewer Collections Fund Gain on asset disposition/Contribution from City Other Income Rental Income 63 Packet Page. 896 City of San Bernardino Municipal Water Department Water Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations and Distribution Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on asset disposition Other Non- operating expense Total Non- Operating Expense 6/30/2015 13,244,552 12,467,017 2,439,170 1,988,719 5,365,124 35,504,582 169,119 - - 169,119 6/30/2016 13,313,085 11,406,861 2,326,551 1,978,534 5,809,331 34,834,362 106,698 - - 106,698 6/30/2017 13,971,106 12,436,501 2,329,142 1,859,871 6,478,050 37,074,670 3,130,749 - - 3,130,749 6/30/2018 11,300,091 12,337,763 1,943,659 2,292,625 6,571,957 34,446,095 2,015,792 - - 2,015,792 6/30/2019 9,987,198 12,853,400 2,253,333 2,387,889 6,512,907 33,994,727 1,993,624 - - 1,993,624 6/30/2020 13,418,886 12,472,633 2,641,641 2,528,441 7,564,550 38,626,151 1,955,317 25,094 - 1 ,980,411 6/30/2021 14,405,557 14,045,232 3,064,623 3,126,556 7,838,887 42,480,855 1,926,133 - - 1 ,926,133 6/30/2022 11,921,394 14,603,130 3,001,100 2,846,997 5,253,425 37,626,046 1,877,325 4 56,170 2 ,333,495 6/30/2023 17,923,515 15,374,571 2,976,680 3,138,031 7,298,095 46,710,892 1,841,859 1 ,841,859 6/30/2024 17,630,159 17,829,965 3,074,606 3,330,387 12,131,463 53,996,580 1,783,831 1,783,831 Source: Department's annual reports - 10,000 20,000 30,000 40,000 50,000 60,000 Th o u s a n d s Operating Expenses by Type-Water Fund Depreciation and Amortization Maintenance Engineering Plant Operations and Distribution Administration & Customer Service - 500 1,000 1,500 2,000 2,500 3,000 3,500 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 6/30/2024 Th o u s a n d s Non-Operating Expense by Type: Water Fund Other Non-operating expense Loss on asset disposition Interest Expense 64 Packet Page. 897 City of San Bernardino Municipal Water Department Sewer Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on Asset Disposition /Joint Venture Other Non- operating expense Total Non- Operating Expense 6/30/2015 4,016,198 9,292,501 534,226 2,906,853 2,870,550 19,620,328 227,165 - - 227,165 6/30/2016 4,299,808 9,800,283 464,554 2,874,352 1,292,426 18,731,423 167,795 1,116,078 - 1,283,873 6/30/2017 6,799,639 9,620,639 480,951 3,135,686 4,102,963 24,139,878 1,300,263 2,321,485 42,209 3,663,957 6/30/2018 5,690,507 9,056,518 500,009 3,281,446 4,157,550 22,686,030 1,376,009 1,247,670 733,583 3,357,262 6/30/2019 6,775,552 10,118,506 617,855 3,041,620 4,313,147 24,866,681 1,367,375 1,553,261 - 2,920,635 6/30/2020 5,702,973 10,470,501 369,422 3,508,534 4,596,980 24,648,411 1,313,151 1,546,396 - 2,859,546 6/30/2021 6,292,313 11,986,858 387,932 3,811,413 4,507,869 26,986,385 1,283,861 1,479,729 38,363 2,801,953 6/30/2022 *3,666,547 14,648,530 385,517 3,764,618 4,329,178 26,794,390 1,249,715 - *1,038,291 2,288,006 6/30/2023 **12,396,331 17,749,049 1,657,022 4,434,120 5,360,819 41,597,341 1,219,167 - *- 1,219,167 6/30/2024 **14,539,325 17,524,663 2,030,808 4,845,501 11,411,059 50,351,356 1,175,040 - *- 1,175,040 Source: Department's annual reports * Joint Venture expense relating to RIX operations are now classified as Operations beginning in 2022. ** The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. - 10,000 20,000 30,000 40,000 50,000 60,000 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 6/30/2024 Th o u s a n d s Operating Expenses by Type-Sewer Fund Depreciation and Amortization Maintenance Engineering Plant Operations Administration & Customer Service - 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Th o u s a n d s Non-Operating Expense by Type: Sewer Fund Other Non-operating expense Loss on Asset Disposition /Joint Venture Interest Expense 65 Packet Page. 898 City of San Bernardino Municipal Water Department Sewer Collection Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on Asset Disposition Other Non- operating expense Total Non- Operating Expense 6/30/2015 *- - - - - - - - - - 6/30/2016 *- - - - - - - - - - 6/30/2017 *314,265 492,675 - - 247,926 1,054,866 - - 6,951 6,951 6/30/2018 2,211,188 354,423 8,071,891 - 1,029,648 11,667,150 - - - - 6/30/2019 1,608,074 439,660 5,051,773 - 1,073,415 8,172,922 - - - - 6/30/2020 1,898,461 483,316 4,124,631 - 1,144,096 7,650,504 - - - - 6/30/2021 3,497,969 533,619 2,549,257 - 1,281,602 7,862,447 - - - - 6/30/2022 2,535,314 590,600 3,333,804 - 1,428,347 7,888,065 - - 511,234 511,234 6/30/2023 **- - - - - - - - - - 6/30/2024 **- - - - - - - - - - ** The FY 2023 budget has combined the Sewer Treatment Fund and the Sewer Collection Fund into one fund. Now called the Sewer Fund. Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 Th o u s a n d s Operating Expenses by Type-Sewer Collection Fund Depreciation and Amortization Maintenance Engineering Plant Operations Administration & Customer Service - 100 200 300 400 500 600 Th o u s a n d s Non-Operating Expense by Type: Sewer Collection Fund Other Non-operating expense Loss on Asset Disposition Interest Expense 66 Packet Page. 899 DEBT CAPACITY INFORMATION These schedules contain information to help the reader assess the affordability of the Department's current level of outstanding debt and ability to issue debt in the future. 67 Packet Page. 900 7+,63$*(,17(17,21$//</()7%/$1. 68 Packet Page. 901 City of San Bernardino Municipal Water Department Water Fund Debt Service Coverage Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Net Operating Expenses (Excluding) Depreciation Net Operating Income (Loss) Net Non- Operating Income/ (Expense) Amount Available for Debt Service Principal Interest Total Debt Service Coverage Ratio 6/30/2015 33,121,128 30,139,458 2,981,670 2,702,953 5,684,623 1,748,054 570,434 2,318,488 2.45 6/30/2016 30,001,871 29,025,031 976,840 2,283,230 3,260,070 1,813,594 523,274 2,336,868 1.40 6/30/2017 33,358,907 30,596,620 2,762,287 2,584,468 5,346,755 246,887 218,819 465,706 11.48 6/30/2018 38,280,016 27,874,148 10,405,868 3,167,597 13,573,465 770,000 2,223,838 2,993,838 4.53 6/30/2019 39,099,960 27,482,130 11,617,830 3,810,403 15,428,233 795,000 2,196,388 2,991,388 5.16 6/30/2020 40,267,376 31,061,601 9,205,775 3,636,039 12,841,814 830,000 2,163,888 2,993,888 4.29 6/30/2021 42,758,192 34,641,968 8,116,224 2,633,978 10,750,202 860,000 2,130,088 2,990,088 3.60 6/30/2022 43,150,124 32,372,621 10,777,503 2,332,440 13,109,943 900,000 2,090,388 2,990,388 4.38 6/30/2023 44,091,833 39,412,797 4,679,036 3,217,979 7,897,015 950,000 2,044,138 2,994,138 2.64 6/30/2024 45,985,090 41,865,117 4,119,973 8,676,710 12,796,683 995,000 1,995,513 2,990,513 4.28 Source: Department's annual reports 69 Packet Page. 902 City of San Bernardino Municipal Water Department Sewer Fund Debt Service Coverage Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Net Operating Expenses (Excluding) Depreciation Net Operating Income (Loss) Net Non- Operating Income/ (Expense) Amount Available for Debt Service Principal Interest Total Debt Service Coverage Ratio 6/30/2015 25,410,740 16,749,778 8,660,962 1,098,877 9,759,839 4,629,425 568,888 5,198,313 1.88 6/30/2016 25,410,740 17,438,997 7,971,743 (224,119) 7,747,624 300,000 -300,000 25.83 6/30/2017 28,612,019 20,036,916 8,575,103 39,299 8,614,402 300,000 132,659 432,659 19.91 6/30/2018 30,733,453 18,539,941 12,193,512 (721,103) 11,472,409 890,000 1,382,782 2,272,782 5.05 6/30/2019 30,546,181 20,841,699 9,704,482 1,361,935 11,066,417 910,000 1,356,125 2,266,125 4.88 6/30/2020 30,397,092 20,051,431 10,345,661 1,322,367 11,668,028 935,000 1,331,225 2,266,225 5.15 6/30/2021 30,361,116 22,478,516 7,882,600 19,472 7,902,072 665,000 1,301,900 1,966,900 4.02 6/30/2022 34,171,160 22,465,212 11,705,948 (1,021,981) 10,683,967 700,000 1,267,775 1,967,775 5.43 6/30/2023 45,544,260 36,236,522 9,307,738 1,251,526 10,559,264 735,000 1,231,900 1,966,900 5.37 6/30/2024 47,385,433 38,940,297 8,445,136 1,521,068 9,966,204 770,000 1,194,275 1,964,275 5.07 Source: Department's annual reports 70 Packet Page. 903 City of San Bernardino Municipal Water Department Ratios of Outstanding Debt by Type (In Thousands of Dollars) Last Ten Fiscal Years Fiscal Year Ended Revenue Bonds Notes/Loans Payable Certificates of Participation Capital Leases Total Percentage of Personal Income Debt Per Capita 6/30/2015 - 22,826 6,375 -29,201 0.4%0.14 6/30/2016 - 20,569 - - 20,569 0.3%0.10 6/30/2017 88,656 900 - - 89,556 1.0%0.39 6/30/2018 87,092 600 - - 87,692 1.0%0.37 6/30/2019 85,483 300 - - 85,783 1.0%0.39 6/30/2020 83,814 - - - 83,814 1.0%0.39 6/30/2021 82,085 - - - 82,085 1.1%0.38 6/30/2022 80,221 - - - 80,221 1.7%0.36 6/30/2023 78,391 - - 183 78,574 1.7%0.35 6/30/2024 76,422 - - 12 76,434 1.7%0.34 Source: Department's annual reports 71 Packet Page. 904 7+,63$*(,17(17,21$//</()7%/$1. 72 Packet Page. 905 DEMOGRAPHIC AND ECONOMIC INFORMATION These schedules offer demographic and economic indicators to help the reader understand the environment within which the Department's financial activities take place. 73 Packet Page. 906 7+,63$*(,17(17,21$//</()7%/$1. 74 Packet Page. 907 City of San Bernardino Municipal Water Department Demographic Statistics Last Ten Fiscal Years Fiscal Year Ended Estimated Population (1) Personal Income (In Thousands) (2) Per Capita Personal Income (2) Unemployment Rate (3) 6/30/2015 213,933 7,645,879 35,740 6.80% 6/30/2016 215,491 7,931,577 36,807 6.30% 6/30/2017 216,972 8,459,304 38,988 5.50% 6/30/2018 221,130 8,523,677 38,546 5.70% 6/30/2019 219,233 8,509,748 38,816 4.10% 6/30/2020 217,671 8,159,289 37,485 11.30% 6/30/2021 216,291 7,723,319 35,708 8.10% 6/30/2022 220,840 4,596,122 20,812 4.80% 6/30/2023 223,230 4,608,807 20,646 6.30% 6/30/2024 226,541 5,179,860 22,865 6.30% (1) California Department of Finance (2) U.S. Department of Commerce, Bureau of Economic Analys for 2018-2022; City of San Bernardino Economic Development Dept (3) State of California, Economic Development Department; City of San Bernardino Economic Development Dept 206,000 208,000 210,000 212,000 214,000 216,000 218,000 220,000 222,000 224,000 226,000 228,000 Population - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 Personal Income - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 Per Capita Personal Income 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% Unemployment 75 Packet Page. 908 City of San Bernardino Municipal Water Department Major Employers Current Year and Nine Years Ago Fiscal Year 2024 Fiscal Year 2015 Employer Ranking Number of Employees Ranking Number of Employees* County of San Bernardino 1 25,000 1 1,000+ Stater Brothers 2 18,000 2 1,000+ San Bernardino County Human Services 3 10,000 3 1,000+ San Bernardino City Unified School District 4 8,343 4 1,000+ San Bernardino County Sheriff 5 4,200 5 1,000+ San Bernardino County Superintendent of Schools 6 2,500 6 1,000+ California State Unversity- San Bernardino 7 2,000 7 1,000+ Saint Bernadines Medical Center 8 1,708 8 1,000+ Amazon 9 1,600 9 1,000+ San Bernardino Community Hospital 10 1,556 10 1,000+ * Amazon employment figures between 1,200-1,600 Between 1,200-1,600 Source: Economic Development Department Labor Market Information, Agency Websites and City's Annual Financial Report. 76 Packet Page. 909 City of San Bernardino Municipal Water Department Authorized Positions History Last Ten Fiscal Years Year End Water Fund Sewer Treatment Fund Sewer Collection Fund Total 2015 183.5 74.5 0.0 258.0 2016 188.5 83.5 0.0 272.0 2017 216.8 70.3 13.0 300.0 2018 215.0 72.0 12.0 299.0 2019 215.0 72.0 12.0 299.0 2020 215.0 72.0 12.0 299.0 2021 199.0 85.0 12.0 296.0 2022 199.0 84.5 12.0 295.5 2023 202.0 85.0 12.0 299.0 2024 205.0 85.0 12.0 302.0 Source: Department's records Note: The Sewer Collection Utility was transferred to the Department on May 1, 2017. Prior year data is unavailable. 0.0 50.0 100.0 150.0 200.0 250.0 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Authorized Position History Water Fund Sewer Treatment Fund Sewer Collection Fund 77 Packet Page. 910 7+,63$*(,17(17,21$//</()7%/$1. 78 Packet Page. 911 REVENUE CAPACITY These schedules contain information to help the reader assess the Department's significant revenue sources. 79 Packet Page. 912 7+,63$*(,17(17,21$//</()7%/$1. 80 Packet Page. 913 City of San Bernardino Municipal Water Department Water Rates: Minimum Monthly Charge Last Ten Fiscal Years Effective Date 1/2"5/8"3/4"1"1-1/2"2"3"4"6"8"10"12" 7/1/2015 12.90 12.90 16.15 22.60 38.80 58.20 103.50 168.20 330.00 524.15 750.65 * 10/1/2016 16.09 16.09 20.15 28.19 48.40 72.60 129.12 197.36 411.68 653.88 936.44 * 7/1/2017 19.58 19.58 24.51 34.30 58.88 88.32 157.06 240.07 500.78 795.40 1,139.12 * 7/1/2018 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2019 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2020 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2021 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 4/1/2022 20.49 20.49 28.17 43.51 81.87 127.91 388.77 772.38 1,232.72 2,153.40 4,224.92 4,224.92 7/1/2022 21.72 21.72 29.87 46.13 86.79 135.59 412.10 818.73 1,306.69 2,282.61 4,478.42 4,478.42 7/1/2023 22.59 22.59 31.07 47.98 90.27 141.02 428.59 851.48 1,358.96 2,373.92 4,657.56 4,657.56 7/1/2024 23.27 23.27 32.01 49.42 92.98 145.26 441.45 877.03 1,399.73 2,445.14 4,797.29 4,797.29 Source: Department's Records ($/month) * Information not reported. 81 Packet Page. 914 City of San Bernardino Municipal Water Department Water Rates: Commodity Charges Last Ten Fiscal Years 10/1/2015 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 4/1/2022 7/1/2022 7/1/2023 7/1/2024 Customer Class Single Family Residential Tier 1 (0-13 HCF)1.35 1.37 1.40 1.43 1.43 1.43 1.43 1.35 1.44 1.50 1.55 Tier 2 (14-23 HCF)1.35 1.37 1.40 1.43 1.43 1.43 1.43 1.83 1.94 2.02 2.09 Tier 3 (24+ HCF)1.70 1.86 1.89 1.92 1.92 1.92 1.92 2.33 2.47 2.57 2.65 Multi-Faimly Residential 1.35 1.37 1.40 1.43 1.43 1.43 1.43 1.51 1.61 1.68 1.74 Commercial 1.35 1.37 1.40 1.43 1.43 1.43 1.43 1.65 1.75 1.82 1.88 Irrigation 1.35 1.37 1.40 1.43 1.43 1.43 1.43 2.32 2.46 2.56 2.64 Institutional 1.35 1.37 1.40 1.43 1.43 1.43 1.43 2.06 2.19 2.28 2.35 Other 1.35 1.37 1.40 1.43 1.43 1.43 1.43 3.82 4.05 4.22 4.35 * Prior years (07/01/14 - 07/01/21) commodity charges reflect rates including conservation, replenishment and elevation zone charges which were consolidated with the rates adopted on 04/01/22. 82 Packet Page. 915 City of San Bernardino Municipal Water Department Water Rates: Elevation Charges $ per HCF Last Ten Fiscal Years Effective Date Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 07/01/15 0.11 0.19 0.17 0.14 0.23 0.23 10/01/16 0.11 0.19 0.17 0.14 0.23 0.23 07/01/17 0.11 0.19 0.17 0.14 0.23 0.23 07/01/18 0.11 0.19 0.17 0.14 0.23 0.23 07/01/19 0.11 0.19 0.17 0.14 0.23 0.23 07/01/20 0.11 0.19 0.17 0.14 0.23 0.23 07/01/21 0.11 0.19 0.17 0.14 0.23 0.23 4/1/2022*N/A N/A N/A N/A N/A N/A 7/1/2022*N/A N/A N/A N/A N/A N/A 7/1/2023*N/A N/A N/A N/A N/A N/A 7/1/2024*N/A N/A N/A N/A N/A N/A Source: Department's records * Elevation charge was eliminated with the rate adoption on 04/01/22. 83 Packet Page. 916 City of San Bernardino Municipal Water Department Water Connections and Revenues by User Type Last Ten Fiscal Years User Type Connections Revenue Connections Revenue Connections Revenue Connections Revenue Single family 36,140 $22,210,799 36,063 $21,652,852 35,744 $23,761,145 35,995 $23,875,761 Multiple family 2,932 6,148,207 2,916 5,835,444 2,905 5,562,012 2,908 5,569,436 Commercial 3,158 8,976,290 3,164 8,454,199 3,151 6,976,893 3,154 6,579,373 Landscape 1,189 6,957,544 1,196 6,742,399 1,184 5,515,046 1,192 5,277,114 Other 2,671 1,692,251 2,574 860,736 2,296 811,219 2,241 811,833 Total all users 46,090 45,985,090 45,913 43,545,629$ 45,280 42,626,315$ 45,490 42,113,517$ Connections Revenue Connections Revenue Connections Revenue Connections Revenue Single family 36,042 $22,909,054 36,006 $21,579,693 35,824 $20,476,866 35,825 $17,346,414 Multiple family 2,907 5,222,345 2,903 5,157,997 2,904 4,944,978 2,899 4,449,204 Commercial 3,117 6,482,560 3,104 6,320,900 3,111 6,117,493 3,131 5,750,672 Landscape 1,181 4,542,108 1,150 4,256,390 1,159 4,694,704 1,121 3,789,527 Other 2,174 781,428 2,056 808,227 2,018 748,141 1,956 557,392 Total all users 45,421 39,937,495$ 45,220 38,123,207$ 45,016 36,982,182$ 44,932 31,893,209$ Connections Revenue Connections Revenue Single family 35,729 $15,688,749 35,695 $16,775,834 Multiple family 2,873 4,225,832 2,869 4,349,601 Commercial 3,092 4,913,942 3,097 6,332,882 Landscape 1,129 3,203,907 1,130 3,079,610 Other 1,905 677,180 1,791 679,606 Total all users 44,728 28,709,610$ 44,582 31,217,533$ Source: Department's records 2015 2024 2023 2022 2016 2021 2020 2019 2018 2017 48% 13% 20% 15% 4% Water Service Revenue by User Type FY 2024 Single family Multiple family Commercial Landscape Other 78% 6% 7%3%6% Water Service Connections per Customer Type FY 2024 Single family Multiple family Commercial Landscape Other 84 Packet Page. 917 City of San Bernardino Municipal Water Department Top Ten Water Customers Fiscal Year 2022 San Bernardino City Unified School District 1,540,033$ City of SB 1,500,629 City of SB Water 757,326 Cal State San Bernardino 630,755 County of San Bernardino 348,665 Housing Authority 253,118 Cott Beverages 247,890 Rialto School District 223,154 W Dean Weidner 203,151 Crest Haven Apartments 175,580 Top Ten Customers Total 5,880,302$ Total Water Revenue 45,985,090$ Top Ten Customers Percent of Total 12.79% 2024 Top 10 Customers 85 Packet Page. 918 City of San Bernardino Municipal Water Department Sewer Treatment Rate History Last Ten Fiscal Years 10/1/2015 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 4/1/2022*7/1/2022*7/1/2023*7/1/2024* Residential (monthly per EDU) Residential 20.65 22.38 23.10 23.10 23.10 23.10 23.10 37.83 41.99 45.35 48.98 Multi-Family (2 units)41.31 44.76 46.20 `66.05 66.05 66.05 75.66 83.98 90.70 97.96 Multi-family (3 units)61.96 67.14 69.29 99.04 99.04 99.04 99.04 113.49 125.98 136.05 146.94 All Non-Residential (including multi-family (4 or more units) and mobile home parks)3.18 3.42 3.52 6.62 6.62 6.62 6.62 16.56 18.38 19.85 21.44 Industrial 1.67 1.78 1.83 4.93 4.93 4.93 4.93 16.56 18.38 19.85 21.44 * The Sewer Collection rate was combined with the Sewer Treatment rate to become the sewer rate that was effective 04/01/22. Source: Department's records 86 Packet Page. 919 City of San Bernardino Municipal Water Department Sewer Treatment Rate History Last Ten Fiscal Years 10/1/2015 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 4/1/2022*7/1/2022*7/1/2023*7/1/2024* Commodity Charge (per HCF): Low Strength Non-Residiential Laundromats 1.63 1.77 1.83 1.83 1.83 1.83 1.83 2.15 2.39 2.58 2.78 Schools, churches, nursery schools 1.19 1.29 1.33 1.33 1.33 1.33 1.33 2.15 2.39 2.58 2.78 Medium Strength Non-Residiential Multi-family, mobile home parks 1.36 1.48 1.53 1.53 1.53 1.53 1.53 2.71 3.01 3.25 3.51 Retail, commercial, light industrial 2.28 2.47 2.55 2.55 2.55 2.55 2.55 2.71 3.01 3.25 3.51 Auto repair, car wash 1.41 1.53 1.58 1.58 1.58 1.58 1.58 2.71 3.01 3.25 3.51 Offices, motels (w/o restaurants)1.63 1.77 1.83 1.83 1.83 1.83 1.83 2.71 3.01 3.25 3.51 Hospitals, convalescent homes 1.46 1.58 1.63 1.63 1.63 1.63 1.63 2.71 3.01 3.25 3.51 High Strength Non-Residiential Restaurants, hotels 2.93 3.18 3.28 3.28 3.28 3.28 3.28 6.42 7.13 7.7 8.31 Domecstic Liquid Waste (per gallon)0.0430 0.0470 0.0490 0.0490 0.0490 0.0490 0.0490 0.0714 0.0793 0.0856 0.0925 Industrial: Discharge Flow (per million gallons)977.00 1,060.00 1,094.00 1,094.00 1,094.00 1,094.00 1,094.00 1,420.83 1,577.12 1703.29 1,839.55 Biological Oxygen demand (per 1,000 lbs)391.00 424.00 438.00 438.00 438.00 438.00 438.00 648.28 719.59 777.16 839.33 Suspended Solids (per 1,000 lbs)694.00 753.00 778.00 778.00 778.00 778.00 778.00 648.50 719.84 777.42 839.62 * The Sewer Collection rate was combined with the Sewer Treatment rate to become the sewer rate that was effective 04/01/22. Source: Department's records 87 Packet Page. 920 City of San Bernardino Municipal Water Department Sewer Treatment Connections and Revenue by User Type Last Ten Fiscal Years User Type Connections Revenue Connections Revenue Connections Revenue Connections Revenue San Bernardino Residential 33,398 $22,851,248 33,050 $30,834,983 33,230 $14,359,415 32,365 $10,165,765 San Bernardino Nonresidential 5,598 19,465,877 5,576 2,113,002 5,566 7,279,215 5,436 8,292,874 East Valley Residential - - 18,735 5,003,034 18,636 5,011,215 18,710 4,797,833 East Valley Nonresidential - - 1,089 3,329,085 1,106 3,805,558 1,087 3,456,827 Loma Linda Residential - 1,742,774 3,185 1,239,524 3,039 1,219,034 3,010 1,232,048 Loma Linda Nonresidential - 2,164,251 170 2,000,370 169 1,673,445 169 1,642,250 Total all users 38,996 $46,224,150 61,805 $44,519,998 61,746 $33,347,882 60,777 $29,587,596 Connections Revenue Connections Revenue Connections Revenue Connections Revenue San Bernardino Residential 31,828 $10,191,482 33,051 $10,146,660 32,945 $10,135,132 32,960 $9,756,592 San Bernardino Nonresidential 5,340 8,463,554 5,531 8,645,032 5,526 8,834,641 5,471 8,010,240 East Valley Residential 18,477 4,778,152 18,477 4,778,152 18,477 4,765,218 18,477 4,622,944 East Valley Nonresidential 1,050 3,483,724 1,050 3,550,973 1,050 3,579,348 1,050 3,083,475 Loma Linda Residential 2,856 1,163,501 2,799 1,171,706 4,824 1,167,823 4,723 1,107,201 Loma Linda Nonresidential 168 1,622,872 345 1,557,119 703 1,548,574 593 1,441,807 Total all users 59,719 $29,703,284 61,253 $29,849,643 63,525 $30,030,737 63,274 $28,022,259 Connections Revenue Connections Revenue San Bernardino Residential 32,889 $8,746,617 32,874 $8,056,827 San Bernardino Nonresidential 5,377 7,125,053 5,344 7,240,533 East Valley Residential 18,477 4,008,039 18,480 4,093,625 East Valley Nonresidential 1,060 2,825,971 1,051 2,571,813 Loma Linda Residential 5,948 1,008,071 5,040 997,242 Loma Linda Nonresidential 591 1,308,474 588 1,294,612 Total all users 64,342 $25,022,225 63,377 $24,254,651 Source: Department's records 2021 2020 2019 2018 2017 2016 2015 2024 2023 2022 33,398, 86% 5,598, 14%-, 0%-, 0%-, 0%-, 0% Sewer Utility Connections per Customer Type FY 2024 San Bernardino Residential San Bernardino Nonresidential East Valley Residential East Valley Nonresidential Loma Linda Residential Loma Linda Nonresidential 49% 42% 0%0%4%5% Sewer Utility Revenue by User Type FY 2024 San Bernardino Residential San Bernardino Nonresidential East Valley Residential East Valley Nonresidential Loma Linda Residential Loma Linda Nonresidential 88 Packet Page. 921 City of San Bernardino Municipal Water Department Top Ten Sewer Treatment Customers Fiscal Year 2022 County of San Bernardino 635,350$ San Bernardino City Unified School District 405,431 Housing Authority 240,935 City of SB 223,242 Saint Bernardine Hospital 204,446 PAMA Management Co.201,931 SB Comm Hospital Site #373 170,538 W. Dean Weidner 159,828 LIDO Condominiums 159,764 Broadstone Investors LLC 143,384 Top Ten Customers Total 2,544,849$ Total Sewer Revenue 46,224,150$ Top Ten Customers Percent of Total 5.51% Source: Department's records 2024 Top 10 Customers 89 Packet Page. 922 City of San Bernardino Municipal Water Department Sewer Collection Rate History Last Ten Fiscal Years 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 4/1/2022*7/1/2022*7/1/2023* Residential (monthly per EDU)9.45 9.90 9.90 9.90 9.90 9.90 N/A N/A N/A Multi-Family Multi-family, 2 units 18.90 19.85 19.85 19.85 19.85 19.85 N/A N/A N/A Multi-family, 3 units 28.35 29.75 29.75 29.75 29.75 29.75 N/A N/A N/A Multi-family, 4 or more units, Non-res. Monthly Charge 2.95 3.10 3.10 3.10 3.10 3.10 N/A N/A N/A Usage Charge (per HCF)0.83 0.87 0.87 0.87 0.87 0.87 N/A N/A N/A * The Sewer Collection rate was combined with the Sewer Treatment rate to become the sewer rate that was effective 04/01/22. Source: Department's records The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so details for prior years is unavailable. 90 Packet Page. 923 City of San Bernardino Municipal Water Department Sewer Collection Connections and Revenue by User Type Last Ten Fiscal Years User Type Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family - - - 42 - - 27,748 - 3,061,513 32,418 - $3,997,513 Residential-Multi Family - - - - - - 1,345 - 356,051 1,576 - 418,545 Residential- Multi Family 4 Units +- - - - - - 18 78,494 68,975 19 80,400 70,647 Comm/Land/Lt. Industrial/Non-Res.- - - 37 - - 2,670 2,594,640 2,310,986 3,138 3,051,177 2,726,198 Education-Public - - - 2 - - 43 127,279 110,588 49 124,047 109,205 Education-Private - - - - - - 124 58,932 55,859 149 72,141 68,086 Hospital/Convalescent Homes - - - - - - 29 164,836 144,462 35 197,360 172,771 Office/Motel-No Restaurant - - - 10 - - 85 76,768 57,800 93 78,338 59,307 Restaurant/ Hotel w/ Restaurant - - - 1 - - 51 43,587 39,632 51 36,181 33,232 Auto Repair/Car Wash - - - - - - 197 78,293 75,390 226 81,945 78,971 Laundromat - - - - - - 4 29,232 25,587 5 28,349 24,843 CS Irrigation - - - - - - - - - - - - Totals IVDA - - - - - - 49 62,340 - 48 65,559 - Total all users - - -$ 92 - -$ 32,363 3,314,401 6,306,843$ 37,806 3,815,497 7,759,318$ Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family 31,889 - $4,054,020 33,127 - $3,927,784 32,939 - $3,916,946 32,899 - $3,719,798 Residential-Multi Family 1,555 - 412,095 1,606 - 424,665 1,607 - 424,024 1,609 - 405,007 Residential- Multi Family 4 Units +18 63,529 5 5,921 17 50,331 44,420 16 51,092 44,945 15 45,146 41,351 Comm/Land/Lt. Industrial/Non-Res. 3,069 2,893,018 2,588,912 3,180 2,904,054 2,601,804 3,198 2,997,422 2,668,497 3,204 2,626,645 2,467,470 Education-Public 37 54,207 4 8,082 27 24,293 21,700 27 29,478 26,118 27 29,586 27,420 Education-Private 150 63,715 6 0,941 152 64,643 61,858 150 72,936 67,985 150 61,381 61,779 Hospital/Convalescent Homes 35 197,787 173,367 35 190,191 166,768 35 194,560 170,063 35 175,241 161,182 Office/Motel-No Restaurant 92 79,321 6 1,027 94 88,632 69,280 94 85,397 66,015 96 71,092 58,587 Restaurant/ Hotel w/ Restaurant 52 38,762 3 5,480 47 41,583 37,750 41 39,909 35,963 37 34,788 32,509 Auto Repair/Car Wash 221 75,027 7 3,487 229 76,587 74,854 231 93,474 89,565 229 73,436 75,421 Laundromat 5 24,821 2 1,771 5 26,639 23,362 5 26,464 23,160 5 24,091 21,824 CS Irrigation 21 255,400 7 1,571 43 423,688 115,905 45 540,444 145,737 46 503,780 158,834 Totals IVDA 48 56,072 - 50 54,387 - 49 57,057 - 51 54,874 - Total all users 37,192 3,801,659 7,656,675$ 38,613 3,945,028 7,570,150$ 38,438 4,188,233 $7,679,020 38,402 3,700,060 $7,231,183 Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family - - - - - - Residential-Multi Family - - - - - - Residential- Multi Family 4 Units +- - - - - - Comm/Land/Lt. Industrial/Non-Res.- - - - - - Education-Public - - - - - - Education-Private - - - - - - Hospital/Convalescent Homes - - - - - - Office/Motel-No Restaurant - - - - - - Restaurant/ Hotel w/ Restaurant - - - - - - Auto Repair/Car Wash - - - - - - Laundromat - - - - - - CS Irrigation - - - - - - Totals IVDA - - - - - - Total all users - - - - - - Source: Department's records 2021 2020 2019 2018 2017 2016 2015 * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. Data provided for 2017 represents the entire year. 2024 2023 2022 91 Packet Page. 924 7+,63$*(,17(17,21$//</()7%/$1. 92 Packet Page. 925 CITY OF SAN BERNADINO MUNICIPAL WATER DEPARTMENT )257+(<($5(1'('-81(6,1*/($8',75(3257 Packet Page. 926 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Single Audit Report For the Year Ended June 30, 2024 Packet Page. 927 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Single Audit Report For the Year Ended June 30, 2024 Table of Contents Page Number Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards .......................................................................................... 1 Independent Auditors’ Report on Compliance for Each Major Program and on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance ........................................................................................................ 3 Schedule of Expenditures of Federal Awards for the Fiscal Year Ended June 30, 2024 ....................................................................................................................... 6 Notes to the Schedule of Expenditures of Federal Awards .................................................................................... 7 Schedule of Findings and Questioned Costs for the Fiscal Year Ended June 30, 2024 ....................................................................................................................... 8 Summary Schedule of Prior Year Findings and Questioned Costs for the Fiscal Year Ended June 30, 2023 ..................................................................................................................... 10 Packet Page. 928 LSLCPAS.COM INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Water Board San Bernardino Municipal Water Department San Bernardino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of each major fund of the San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements, and have issued our report thereon dated November 27, 2024. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Department’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Department’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We identified certain deficiencies in internal control, described in the accompanying schedule of findings and questioned costs as item 2024-001, that we consider to be a significant deficiency. Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether Department’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Packet Page. 929 To the Water Board San Bernardino Municipal Water Department San Bernardino, California Department’s Response to Findings Government Auditing Standards requires the auditor to perform limited procedures on the Department’s response to the findings identified in our audit and described in the accompanying schedule of findings and questioned costs. The Department’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California November 27, 2024 2 Packet Page. 930 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE AND REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY UNIFORM GUIDANCE To the Water Board San Bernardino Municipal Water Department San Bernardino, California Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited the San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California (the “City”)’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the Department’s major federal programs for the year ended June 30, 2024. The Department’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. In our opinion, the Department complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the Department and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the Department’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the Department’s federal programs. Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the Department’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance LSLCPAS.COM Packet Page. 931 To the Water Board San Bernardino Municipal Water Department San Bernardino, California and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Department’s compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, we: Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Department’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. Obtain an understanding of the Department’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we did identify a certain deficiency in internal control over compliance that we consider to be a significant deficiency. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiencies in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2024-001 to be a significant deficiency. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on the Department’s response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. The Department’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. 4 Packet Page. 932 To the Water Board San Bernardino Municipal Water Department San Bernardino, California The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the San Bernardino Municipal Water Department, a component unit of the City of San Bernardino, as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements. We issued our report thereon dated November 27, 2024, which contained unmodified opinions on those financial statements. Our audit was performed for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole. Irvine, California November 27, 2024 5 Packet Page. 933 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2024 Federal Assistance Program Federal Grantor/Pass-Through Grantor/Program Title Listing Number Expenditures U.S. Department of Treasury Direct Award: Coronavirus State and Local Fiscal Recovery Funds 21.027 563,308$ Total U.S. Department of the Interior 563,308 Environmental Protection Agency Consent Decree *66.000 Operations and maintenance: Newmark 1,294,116$ Muscoy 867,686 Site wide monitoring 100,045 Project management 246,382 Subtotal - Consent Decree 2,508,229 U.S. Department of Homeland Security Direct Award: Hazard Mitigation Grant Program *97.039 3,041,427$ Total U.S. Department of the Interior 3,041,427 Total Federal Expenditures 6,112,964$ * Major Program Note a: Refer to Note 1 to the schedule of expenditures of federal awards for a description of significant accounting policies used in preparing this schedule. Note b: There was no federal awards expended in the form of noncash assistance and insurance in effect during the year. Note c: Total amount provided to subrecipients during the year was $0. 6 Packet Page. 934 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Notes To The Schedule Of Expenditures of Federal Awards For The Year Ended June 30, 2024 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES APPLICABLE TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS A. Scope of Presentation The accompanying Schedule of Expenditures of Federal Awards (the “Schedule”) includes the federal grant activity of the San Bernardino Municipal Water Department (the "Department"), a component unit of the City of San Bernardino, California (the “City”), under programs of the federal government for the year ended June 30, 2024. The information in this Schedule is presented in accordance with the requirements of the Uniform Guidance. Because the Schedule presents only a selected portion of the operations of the Department, it is not intended to and does not present the financial position, changes in net position or cash flows of the Department, nor does it present all federal programs of the City of San Bernardino as a whole. B. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance. Under the accrual basis of accounting, expenditures are recognized when incurred. Expenditures reported include any property or equipment acquisitions incurred under the federal program. The Department did not use the 10% de minimis indirect cost rate as covered in section 200.414 of the Uniform Guidance. NOTE 2: BACKGROUND OF THE CONSENT DECREE In 1996, the City filed a complaint against the United States of America, Department of the Army (Army) to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a World War II Army installation known as Camp Ono. In March 2005, the United States Department Court, Central Department, entered judgment, in the form of a consent decree (Consent Decree), in the matter of City of San Bernardino v. United States of America. The consent decree settles the City’s and the State’s claims arising from the groundwater contamination allegedly caused by the Army. The Consent Decree contains a number of provisions obligating the City (through the Municipal Water Department) to operate and maintain the Newmark Groundwater Superfund site (Site). The Site consists of two operable units, the Newmark Operable Unit and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the consent decree. Upon entry of the Consent Decree, the City, through the Department, received title to all facilities constructed by the United States Environmental Protection Agency (EPA) for the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million payment consisted of $59 million for operation and maintenance and $10 million for the construction of certain capital facilities that would be required in the future. The funds are subject to strict limitations, contained in the Consent Decree, as to how they may be spent. Pursuant to the Consent Decree, $10 million, including interest earned, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expanded the Department’s capacity to deliver potable water, and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These “capital facility” funds may not be used for costs incurred to operate, maintain, repair or retrofit components of the Site extraction or treatment systems constructed by EPA. In September 2007, the Muscoy Operable Unit was declared operational and functional. 7 Packet Page. 935 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Findings and Questioned Costs For the Year Ended June 30, 2024 SECTION I - SUMMARY OF AUDITORS' RESULTS Financial Statements Type of auditors' report issued: Unmodified Opinion Internal control over financial reporting: x Material weaknesses identified? yes X no x Significant deficiencies identified? X yes none reported Noncompliance material to financial statements noted? yes X no Federal Awards Internal control over major programs: x Material weaknesses identified? yes X no x Significant deficiencies identified? yes X none reported Type of auditors' report issued on compliance for major programs: Unmodified Opinion Any audit findings disclosed that are required to be reported in accordance with Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)? yes X no Identification of major programs: Assistance Listing Number(s) Name of Federal Program or Cluster 66.000 Consent Decree 97.039 Hazard Mitigation Grant Program Dollar threshold used to distinguish between type A and type B program $750,000 Auditee qualified as low risk auditee? X yes no 8 Packet Page. 936 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Schedule of Findings and Questioned Costs For the Year Ended June 30, 2024 SECTION II - FINANCIAL STATEMENT FINDINGS Reference Number 2024-001 Evaluation of Finding Significant Deficiency Condition San Bernardino Municipal Water Department personnel did not properly adhere to Department policies and procedures for verifying the authenticity of vendor requests to change bank account information. As a result, an unauthorized person was able to impersonate a legitimate vendor and submit a fraudulent request to change the bank account number associated with the vendor's invoices. The Department processed the request without verifying the identity of the requester or the validity of the new bank account information, resulting in approximately $65,000 being paid to the wrong bank account before detecting the fraud. Criteria Internal control standards require that organizations establish and adhere to policies and procedures to verify the authenticity of vendor requests to change bank account information. This includes contacting the vendor by phone or in person using a previously known or independently obtained contact number and confirming the request and the new bank account information with an authorized representative of the vendor. Cause of Condition The Department lacked a written policy and procedure for verifying vendor requests to change bank account information. Additionally, staff responsible for processing vendor payments were not adequately trained on the importance of verifying such requests. Effect or Potential Effect of Condition The deficiency in internal control over vendor payments exposes the Department to the risk of financial losses, reputational damage, and legal liabilities. In this instance, the Department paid approximately $65,000 to the wrong bank account before detecting the fraud. Recommendation To prevent and detect similar frauds in the future, we recommend that the Department implement the following measures: 1. Establish a written policy and procedure for verifying vendor requests to change bank account information. This should include contacting the vendor by phone or in person using a previously known or independently obtained contact number, and confirming the request and the new bank account information with an authorized representative of the vendor. 2. Train the staff responsible for processing vendor payments on the new policy and procedure, emphasizing the importance of adhering to it. 3. Periodically review the vendor master file to identify any changes made to vendor bank account information. Perform independent verification of these changes and investigate any discrepancies or anomalies. 4. Reconcile vendor payments with vendor statements and bank statements on a timely basis and follow up on any outstanding or unusual items. Client Response The Finance division has implemented additional procedures to mitigate the risk in the future. Vendor requests for new banking information or electronic payments submitted to Finance go into a workflow to be reviewed and independently verified. Senior staff call the requesting vendor to verify all information submitted before being approved in the Financial system. Staff have been trained and advised to not pay vendors without this verification process and physically cannot without the approval in the system. SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS No matters were reported. 9 Packet Page. 937 1350 South “E” Street, San Bernardino, California 92408 P.O. Box 710, 92402 Phone: (909) 384-5141 FACSIMILE NUMBERS: Administration: (909) 453-6399 Customer Service: (909) 453-6396 Finance: (909) 453-6383 Engineering: (909) 453-6385 Corporate Yards: (909) 453-6389 Water Reclamation Plant: (909) 453-6395 Environmental & Regulatory Compliance: (909) 453-6391 Environmental Control: (909) 453-6394 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT CITY OF SAN BERNARDINO WATER BOARD TONI CALLICOTT President Commissioners WAYNE HENDRIX DAVID E. MLYNARSKI RIKKE V. JOHNSON THOMAS BRICKLEY MIGUEL J. GUERRERO, P.E. General Manager ROBIN L. OHAMA Deputy General Manager STEVE R. MILLER Director of Water Utility KEVIN T. STEWART, P.E. Director of Water Reclamation JENNIFER L. SHEPARDSON Director of Environmental & Regulatory Compliance CYNTHIA J. MOUSER Director of Finance “Trusted, Quality Service since 1905” SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023 No matters were reported. 10 Packet Page. 938 LSLCPAS.COM November 27, 2024 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California We have audited the financial statements of each major fund of the City of San Bernardino Municipal Water Department (the “Department”), a department of the City of San Bernardino, California (the “City”) for the year ended June 30, 2024. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated April 5, 2024. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Department are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during fiscal year 2023-2024. We noted no transactions entered into by the Department during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the Department’s financial statements were: Management’s estimates of the pension, other postemployment benefits, and self-insured claims liabilities are based on actuarial valuations. We evaluated the methods, assumptions, and data used to develop the pension, other postemployment benefits, and self-insured claims liabilities in determining that it is reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Packet Page. 939 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated November 27, 2024. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Department’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Department’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to management’s discussion and analysis, and the required pension and other postemployment benefits schedules, which are required supplementary information (“RSI”) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were not engaged to report on the introductory and statistical sections of the Annual Comprehensive Financial Report, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Packet Page. 940 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Future GASB Pronouncements The following Government Accounting Standards Board (GASB) pronouncements will be effective for the following fiscal years’ audits and should be reviewed for proper implementation by management: Fiscal Year 2024-2025 GASB Statement No. 101, Compensated Absences. GASB Statement No. 102, Certain Risk Disclosures. Fiscal Year 2025-2026 GASB Statement No. 103, Financial Reporting Model Improvements. GASB Statement No. 104, Disclosures of Certain Capital Assets Future Projects Comprehensive Project, Revenue and Expense Recognition. Major Project, Going Concern Uncertainties and Severe Financial Stress. Major Project, Infrastructure Assets. Practice Issue, Classification of Nonfinancial Assets. Practice Issue, Risks and Uncertainties Disclosures. Practice Issue, Subsequent Events. Restriction on Use This information is intended solely for the information and use of the Water Board and management of the department and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Lance, Soll & Lunghard, LLP Packet Page. 941 LSLCPAS.COM INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements, and have issued our report thereon dated November 27, 2024. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Department’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Department’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We identified a certain deficiency in internal control, described in the accompanying schedule of findings and responses as item 2024-001 that we consider to be a significant deficiency. Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether Department’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Packet Page. 942 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Department’s Response to Findings Government Auditing Standards requires the auditor to perform limited procedures on the Department’s response to the findings identified in our audit and described in the accompanying schedule of findings and responses. The Department’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California November 27, 2024 Packet Page. 943 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California SCHEDULE OF FINDINGS AND RESPONSES Reference Number 2024-001 Evaluation of Finding Significant Deficiency Condition San Bernardino Municipal Water Department personnel did not properly adhere to Department policies and procedures for verifying the authenticity of vendor requests to change bank account information. As a result, an unauthorized person was able to impersonate a legitimate vendor and submit a fraudulent request to change the bank account number associated with the vendor's invoices. The Department processed the request without verifying the identity of the requester or the validity of the new bank account information, resulting in approximately $65,000 being paid to the wrong bank account before detecting the fraud. Criteria Internal control standards require that organizations establish and adhere to policies and procedures to verify the authenticity of vendor requests to change bank account information. This includes contacting the vendor by phone or in person using a previously known or independently obtained contact number and confirming the request and the new bank account information with an authorized representative of the vendor. Cause of Condition The Department lacked a written policy and procedure for verifying vendor requests to change bank account information. Additionally, staff responsible for processing vendor payments were not adequately trained on the importance of verifying such requests. Effect or Potential Effect of Condition The deficiency in internal control over vendor payments exposes the Department to the risk of financial losses, reputational damage, and legal liabilities. In this instance, the Department paid approximately $65,000 to the wrong bank account before detecting the fraud. Recommendation To prevent and detect similar frauds in the future, we recommend that the Department implement the following measures: 1. Establish a written policy and procedure for verifying vendor requests to change bank account information. This should include contacting the vendor by phone or in person using a previously known or independently obtained contact number, and confirming the request and the new bank account information with an authorized representative of the vendor. 2. Train the staff responsible for processing vendor payments on the new policy and procedure, emphasizing the importance of adhering to it. 3. Periodically review the vendor master file to identify any changes made to vendor bank account information. Perform independent verification of these changes and investigate any discrepancies or anomalies. 4. Reconcile vendor payments with vendor statements and bank statements on a timely basis and follow up on any outstanding or unusual items. Client Response The Finance division has implemented additional procedures to mitigate the risk in the future. Vendor requests for new banking information or electronic payments submitted to Finance go into a workflow to be reviewed and independently verified. Senior staff call the requesting vendor to verify all information submitted before being approved in the Financial system. Staff have been trained and advised to not pay vendors without this verification process and physically cannot without the approval in the system. Packet Page. 944 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AS OF JUNE 30, 2024 Packet Page. 945 WATER FUND RESULTS-Audit Packet Page. 946 WATER FUND RESULTS-Budget Budget Actuals % Change Operating Revenue 45,838,500$ 44,091,833$(1,746,667)$ -3.81% Operating Expenses less Depreciation 39,176,425 39,712,797 536,372 1.37% Net Operating Income/(loss) 6,662,075 4,679,036 (1,983,039) -29.77% Non-Operating Revenue/(Expense)2,047,100 1,380,979 (666,121) (32.54%) Net Income before Capital Contributions 8,709,175 6,060,015 (2,649,160) (30.42%) FY 2023 $ Increase/ (Decrease)Budget Actuuuuuuuuuualsalsalsalsalsalsaalssasaalasaalslslsasalsalsalalsslss % Ch ange OperaOperappOperaperperaOaOOaOperaaOOpOppraOperaOOperOperOperaaating tting ting tingngnting ngng ggngtttnnngting gnngngngggnnnnnggg RevenRRRevenRevenRevevenReveReenRevenevenReveneeRevenReeenvvvRevenRRuuuueuuuuu 45,838,500$44,099999999991 83318311,83381833311838333188333183311831838333$(174(1,74(174741(1744444(((174747744477776 6676 667666,6676667667766666666 6676776 66767677))))))))$$$$ $$$$$$$$ -3.81% OOpera iting EExpen lses less DepreDepreepDepreDepreDepreeprepreepDDDDepreDepreepreDepreeppDeprDeepreDprDepDereDDDeeeepreDeprDeepreepreeprereeDeeDppciatiatiaatiatiatiatiattttittatiaiaatiiaaiiaiatiaaaaaaattatttonononnononononononooooonononoonnooooooo 3939939,1733939339939939393939999339996,425 39,7139,7197139,71139,71939,71139,71339,71139,71991997139,7111111117139,717177171333712,7922,7972,797777977227979799999 536,3536,35536,336,33,3635536,536 33536,363536,3536,366667272772277222772727727277222727772772227772722227722222 1.37% Net ONNetONetONetONetOONetOONNONNNNNNNNNNOOOperatperaerateratperatperatperatperaapeeateratperateperaeraperapeeptperaaaaaaing IingingIingIngiiigingingInnginginggnnngggngIngnngngngncomencomenncomencomencomenommmeenncomeomomemeenomommmnomemoncommnmmncomncomemmmm/(los(/(loslos/(los(l/(losos(l/(l(los//(losolos((llos/los/(loos(loosos(os/(los/llooo///s)s)s)sss)s)s))s)))ssss)))6666,66266666666,075 44 6794 6794 6794,6794 67967946799944944444444999,036036,03603,036603636036036,036336036,0360000363366036330300330003300366 ((1,98(1,9(1,981,989899981(19981,98(1,98(1,98(9(1,9888198(1981,988(19119,9898(1,9811981,981,9888883,0393,0393 0393,039303333 0393,0333033,039303033 0393033 03933030033,0339,03900999393093 0390039039399)))))))))) -29.77% Non-Operating Revenue/(Expense)2,047,100 1,380,979 (666,121) (32.54%) Net Income before Capital Contributions 8,709,175 6,060,015 (2,649,160) (30.42%) FY 2023 $ Increase/ (Dec(D((DDecD((Dec(DecDecDecccccreasrerreareasreareasareareareaaarrrearreeaearrreee)ee)e)e)))e))e)eee)ee)eee) Packet Page. 947 SEWER FUND RESULTS-Audit Packet Page. 948 SEWER FUND RESULTS-Budget Packet Page. 949 Thank Yo u Packet Page. 950 2024 Financial Audit Presented by: Ryan Domino, CPA, Partner December 10, 2024 Packet Page. 951 Your LSL Team Ryan Domino, CPA Partner Riley Greenlee, CPA Manager Packet Page. 952 Scope of Engagement •LSL has been engaged by SBMWD to perform the following procedures for the year ended June 30, 2024: •Financial statement audit in accordance with generally accepted auditing standards and Government Auditing Standards •Single audit over the federal award programs in accordance with the federal Uniform Guidance. Packet Page. 953 •Interim Fieldwork •Apr. 8 – Apr. 11, 2024 •Examined internal controls •Provided feedback to management •Performed our audit risk assessment •Planned year-end audit procedures to respond to risk •Year-End Fieldwork •Sep. 9 – Sep. 13, 2024 •Detailed testing of account balances and transactions •Compliance testing with laws, regulations, grant agreements, contracts •Single Audit testing Scope of Engagement Packet Page. 954 Results of Audit •We will issued an unmodified auditor’s opinion on the financial statements. •Financial statements are accurate and reliable as of June 30, 2024. •We issued the Report on Internal Control and Compliance •One significant deficiency in internal control noted •Related to a fraud event perpetuated by an external party that occurred during the year. •No material weaknesses in internal control noted. •No material noncompliance with laws, regulations, grants, etc. noted. Packet Page. 955 Results of Audit •We issued an unmodified auditor’s opinion on SBMWD’s compliance with the requirements of major federal award programs. •Tested the Consent Decree and Hazard Mitigation Grant Program •No compliance findings •No control deficiencies over compliance Packet Page. 956 Results of Audit •We identified no going concern doubts as of June 30, 2024. •Management brought an incident of external fraud related to purchasing to our attention, and we provided recommendations to strengthen controls to prevent future occurrences of this type of fraud. •We had no disagreements with management about application of accounting principles. •We had no difficulties conducting our audits. •We determined that all estimates used by management in preparing the financial statements were reasonable. Packet Page. 957 Financial Highlights •Net position increased $4.8M from PY to a total of $348.2M •Unrestricted net position (reserves) represented 65% of operating expenses and 19% of total net position. •Capital assets increased $22.1M. •Long-term debt decreased $1.9M. •Pension liability increased $2.3M due to CalPERS returns being less than anticipated. CalPERS is 70% funded. •OPEB asset increased $2.3M due to good investment returns, and the trust is 113% funded. Packet Page. 958 Questions Packet Page. 959 www.lslcpas.com contact.us@lslcpas.com CALIFORNIA: Irvine | Sacramento TEXAS: The Woodlands Packet Page. 960 2 4 0 4 DISCUSSION City of San Bernardino Request for Council Action Date:February 5, 2025 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Authorization to Initiate Reorganization Proceedings with the City of Highland for a .56-acre Parcel Located at the Southeast Corner of Victoria Avenue and 5th Street (APN: 1192-551-01) (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to initiate reorganization proceedings with the City of Highland regarding APN: 1192-551-01, consisting of a .56-acre parcel, located at the southeast corner of Victoria Avenue and 5th Street, within the sphere of influence and boundary of the City of San Bernardino. Executive Summary The recommended action will initiate reorganization proceedings with the City of Highland consisting of a single parcel located at the southeast corner of Victoria Avenue and 5th Street in the City of San Bernardino. The reorganization would include detaching a .56-acre parcel from the City of San Bernardino’s sphere of influence and boundary to the City of Highland. The City of Highland has submitted the request for reorganization to accommodate a 7.2-acre industrial development consisting of multiple parcels otherwise located within the City of Highland. The proposed project will include a 173,976 square-foot warehouse which will include 12,000 square-feet of office space at build out. Background The City of Highland had previously requested that the City of San Bernardino consider detaching a .56-acre parcel that is generally located at the southeast terminus of Victoria Avenue and 5th Street, also known as APN: 1192-551-01, for the purpose of annexing into the City of Highland, on behalf of the property owner, Patriot USICVI 5th Street, LLC. (Exhibit A) The proposed industrial development, including this property, Packet Page. 961 2 4 0 4 would combine with 10 other parcels, all located within the City of Highland and totaling 7.23-acres. The proposed reorganization will streamline the development of the project and adjust services and sphere of influence boundaries. Discussion Under the reorganization proposal, no parcels would be annexed into the City of San Bernardino, and one vacant parcel would be detached from the City of San Bernardino. The present land use for the parcel located in the City of San Bernardino is Commercial General – 1 (CG-1). The CG-1 zoning designation is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections. The detachment of the property from the City of San Bernardino’s sphere of influence would transfer the Property (APN 1192-551-01) and the corresponding services from the City of San Bernardino to the City of Highland. Should the reorganization be approved as proposed, the property tax revenue, which is estimated to be approximately $17,603 per year, would be transferred from the County of San Bernardino to the City of Highland. Additionally, the southeastern boundary line for the City of San Bernardino would be adjusted to recognize the annexation. Staff is recommending that the Mayor and City Council authorize the initiation of reorganizing proceedings with the City of Highland. The proposed reorganization will improve the symmetrical boundary line between the two cities, will defer future costs for services (Code Enforcement, Police Department, Public Works, etc.) to the City of Highland, and reduce the costs associated of maintaining the corresponding street improvements fronting Victoria Avenue (pavement, curb, gutter and sidewalk). The potential deferred costs for services and street maintenance will be further detailed throughout the reorganization process, once approved and initiated by Council. The formal detachment proceedings would be coordinated through the City of Highland and conducted by LAFCO, which would Include the City of Highland working directly with the Property Owner, Patriot USICVI 5th Street, LLC. These proceedings would include mailing notices to applicable property owners within the annexation area and coordinating a Public Hearing to allow for public comments. It is estimated that these proceedings would formally initiate during February or March of 2025 and conclude approximately 90 days thereafter. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 2b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. The proposed reorganization will reduce the costs associated with maintenance of the public right-of-way fronting the parcel and improve the southeastern boundary line shared with the City of Highland. Packet Page. 962 2 4 0 4 Fiscal Impact There is no fiscal impact to the City of San Bernardino. All costs associated with proposed reorganization from the City’s sphere of influence and boundaries will be borne by the City of Highland and the Property Owner through the LAFCO application process. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to initiate reorganization proceedings with the City of Highland regarding APN: 1192-551-01, consisting of a .56-acre parcel, located at the southeast corner of Victoria Avenue and 5th Street, within the sphere of influence and boundary of the City of San Bernardino. Attachments Attachment 1 – Exhibit A – Request for Reorganization Attachment 2 – LAFCO Letter – Project Overview Attachment 3 – Area City Border Attachment 4 – Aerial View of Proposed Reorganization Attachment 5 – Property Tax Revenue breakdown Ward: First Ward Synopsis of Previous Council Actions: None Packet Page. 963 Packet Page. 964 Packet Page. 965 Packet Page. 966 Packet Page. 967 Packet Page. 968 Packet Page. 969 Packet Page. 970 Proposed Reorganization Packet Page. 971 Tax Collector » Bill Display Bill Display for 240694495*5 as of 10/30/2024 Parcel Number 1192-551-01-0000 Owner Type Name Address BILLED OWNER PATRIOT USICVI 5TH STREET LLC Protected per CA Govt. Code Sect. 7928.200 et seq. CARE OF KEVIN RICE Protected per CA Govt. Code Sect. 7928.200 et seq. SITUS ADDRESS Protected per CA Govt. Code Sect. 7928.200 et seq. Parcel 1192551010000 Default Date 2025-06-30 Tax Type AS - Annual Secured Bill 240694495*5 Extend Date 2024-09-17 Effective Date 2024-07-01 Corrected From Corrected To Eligibility A - ELIG EXTENDED Tax Rate Total 0.012406 Tax Rate Area 000007184 Tax Rate Year 2024 Valuation Type Assessed Land $1,404,540.00 Personal Property $0.00 Improvement $0.00 Personal Property Penalty $0.00 Improvement Penalty $0.00 Total Value $1,404,540.00 Homeowner Exemption $0.00 Veteran Exemption $0.00 Other Exemption $0.00 Net Value $1,404,540.00 Installment 01 Due Amt $8,801.52 Delq Amt $9,681.67 Due Date 2024-12-10 Installment 02 Due Amt $8,801.49 Delq Amt $9,691.64 Due Date 2025-04-10 Total Tax $17,603.01 Pay Status NOTHING PAID Service Agency Amount Service Agency Amount GENERAL TAX LEVY $14,045.40 *SAN BERN VECTOR CONTROL (800) 442 - 2283 $1.30 SAN BDNO COMM COLLEGE BOND (909) 388 - 6909 $519.67 SNBD UNIFIED SCHOOL BOND (909) 381 - 1152 $1,314.64 SCHOOL STATE REPAYMENT $0.00 *SBCOFIRE FP-5 CITY SNBNDO (909) 387 - 5947 $177.01 SBV MUNI SWP IMPORTED WATR (909) 387 - 9200 $1,544.99 10/30/24, 3:44 PM County of San Bernardino - Treasurer-Tax Collector - Bill Details https://www.mytaxcollector.com/BillDisplayPublicPrint.aspx 1/1 Packet Page. 972