HomeMy WebLinkAbout10-03-2018 Agenda BackupCITY OF SAN BERNARDINO
AGENDA
FOR THE
JOINT 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, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, OCTOBER 3, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Virginia Marquez R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios
Andrea M. Miller
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak
to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish
to speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 2 Printed 9/28/2018
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Virginia Marquez
Council Member, Ward 2 Benito Barrios
Council Member, Ward 3 John Valdivia
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor R. Carey Davis
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address 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.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1)):
In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12 -bk-28006 MJ
People v. Kush Concepts Collective, et al., San Bernardino Superior Court Case
No. Case No. CIVDS 1516185
Jonita Moore, v. Mitch Assumma, et al. San Bernardino Superior Court Case No.
CIVSD 1810378
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENT
1. Planning Commission Appointment
Recommendation: Approve the appointment of Mr. Alfonso Ruiz, Jr. to
the Planning Commission.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 3 Printed 9/28/2018
PRESENTATIONS
2. Youth Recognition – 2018-2019 Miss Cardinal Court – Mayor R. Carey Davis
and Council Members Virginia Marquez and Benito Barrios
• Jhunelyn Parafina, Miss Cardinal
• Sarah Garcia, 1st Runner Up
• Miranda Maestas, 2nd Runner Up
• Rosa Santana, Ambassador
3. Chamber of Commerce & Local Elected Officials Announcements
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and City Council on any item on the agenda. There is no limit to the number of
items that may be discussed within the three-minute time limit. To be called on by the
Mayor, please turn in individual speaker slips to the City Clerk by 5:00 p.m. the day of the
meeting. If you wish, you may email your speaking request to publiccomments@sbcity.org
prior to the beginning of the meeting. Emailed requests to speak will not be accepted from
anyone but the person requesting to speak.
CONSENT CALENDAR
There will be no separate discussion of Consent Calendar items unless a Council
member requests that the item be considered in its normal sequence on the agenda.
Public comment on Consent Calendar items is limited to three minutes total per
person. There is no limit on the items that can be discussed within that time.
4. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of Resolutions and Ordinances on
the agenda dated October 3, 2018.
5. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for
September 2018.
6. Authorize a Contract Amendment and Issue of a Purchase Order to Tyler
Technologies, Inc., for an Enterprise CAD Software Upgrade in an Amount
Not to Exceed $268,132
Recommendation: Authorize the City Manager or her designee to
execute a contract amendment and issue a Purchase
Order for an Enterprise CAD Software upgrade with
Tyler Technologies in an amount not to exceed
$268,132.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 4 Printed 9/28/2018
7. Authorize Acceptance of Office of Traffic Safety Grant
Recommendation: Adopt Resolution No. 2018-272 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the City Manager to execute, accept, and
administer the FY 2018/19 State of California Office of
Traffic Safety Grant Number PT19106 in the amount
of $458,000.
8. Authorization to Purchase 85 Lenovo Workstations in an Amount Not to
Exceed $77,473
Recommendation: Authorize the City Manager or her designee to
execute documents for the purchase of 85 Lenovo
workstations from Connection in an amount not to
exceed $77,473.
9. City of San Bernardino Boards, Commissions, and Citizen Advisory
Committees – Establishing Universal Bylaws and Regular Meeting Dates,
Times, and Locations
Recommendation: 1. Adopt Resolution No. 2018-275 of the Mayor and
City Council of the City of San Bernardino,
California, adopting bylaws for the City's Boards,
Commissions, and Citizen Advisory Committees
and repealing Resolution No. 2018-195
establishing separate bylaws for the Animal
Control Commission, Library Board, Planning
Commission, and Public Safety and Human
Relations Commission; and
2. Adopt Resolution No. 2018-276 of the Mayor and
City Council of the City of San Bernardino,
California, adopting regular meeting dates, times,
and locations for City Boards, Commissions, and
Citizen Advisory Committees.
10. Final Reading - Ordinance MC-1506 Authorizing the Levy of Special Taxes
on Property within Community Facilities District 2018-1 (Safety Services) of
the City of San Bernardino
Recommendation: Accept for final reading and adopt Ordinance MC-
1506 of the Mayor and City Council of the City of San
Bernardino, California acting in its capacity as the
legislative body of Community Facilities District No.
2018-1 of the City of San Bernardino (Safety
Services) authorizing the levy of special taxes.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 5 Printed 9/28/2018
11. Final Reading - Ordinance MC-1507 Authorizing the Levy of Special Taxes
on Property within Community Facilities District 2018-2 (Verdemont Ranch)
of the City of San Bernardino
Recommendation: Accept for final reading and adopt Ordinance No. MC-
1507 of the Mayor and City Council of the City of San
Bernardino, California, acting in its capacity as the
legislative body of Community Facilities District No.
2018-2 of the City of San Bernardino authorizing the
levy of special taxes.
12. Final Reading - Ordinance No. MC-1504 Establishing Compensation and
Benefits for City-Elected Officials
Recommendation: Accept for final reading and adopt Ordinance No. MC-
1504, of the Mayor and City Council of the City of San
Bernardino, California, establishing compensation and
benefits for the City-elected officials.
13. Final Reading – Ordinance MC-1505 – Development Code
Amendment/Zoning Map Amendment 16-07 - Waterman & Weir
Recommendation: Accept for final reading and adopt Ordinance No. MC-
1505 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code
Amendment (Zoning Map Amendment) 16-07 to
change the Zoning District Classification from
Commercial General (CG-1) to Residential Medium
High (RMH) on four (4) parcels (APNS: 0141-352-10,
11, 12 and 13) containing a total of approximately
2.25 acres, pursuant to a Mitigated Negative
Declaration.
14. Authorizing CMFA Joint Powers Authority as a City of San Bernardino
Provider under the Property Assessed Clean Energy (PACE) Program
Recommendation: Adopt Resolution No. 2018-277 of the Mayor and City
Council of the City of San Bernardino, California,
consenting to the inclusion of properties within the
territory of the City in the California Municipal Finance
Authority (CMFA) Open PACE Programs; authorizing
CMFA to accept applications from property owners,
conduct contractual assessment proceedings and
levy contractual assessments within the territory of
the City; and authorizing related actions.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 6 Printed 9/28/2018
15. Records Retention, Destruction, and Storage
Recommendation: 1. Adopt Resolution No. 2018-278 of the Mayor and
City Council of the City of San Bernardino,
California, adopting a Records Retention and
Destruction Policy and repealing Resolution No.
2014-246; and
2. Authorize the City Manager to execute a
Professional Services Agreement with Laguna
Vault, LLC doing business as Docu-TRUST for
document storage, records management, and
digitization services.
16. Director of Community and Economic Development (U) Classification and
Job Description
Recommendation: Adopt Resolution No. 2018-280 of the Mayor and City
Council of the City of San Bernardino, California,
deleting existing classifications of Director of
Community Development (U) and Director of Economic
and Housing Development (U) and approving the
classification and job description for the Director of
Community and Economic Development (U).
STAFF REPORT
17. League of California Cities Annual Conference and Expo 2018 – September
12-14, 2018
Recommendation: Receive an oral report from Mayor Davis and Council
Members Barrios, Valdivia, Shorett, and Richard.
PUBLIC HEARING
18. Development Permit Type-P 18-01
Recommendation: Continue the consideration of the adoption of a
Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving Development
Permit Type-P 18-01 to allow the conversion of an
existing two-story commercial office building
containing approximately 11,305 square feet into a
residential apartment complex comprised of fifteen
(15) dwelling units on a parcel containing
approximately 0.52 acres located at 1600 N.
Arrowhead Avenue (APN: 0145-132-27) within the
Commercial Office (CO) Zone and Adaptive Reuse
(AR) Overlay; and, finding the project subject to a
Categorical Exemption under the California
Environmental Quality Act to a date to be determined.
Joint Regular Meeting Agenda October 3, 2018
Mayor and City Council of the City of San Bernardino Page 7 Printed 9/28/2018
19. 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 Wednesday, October 17, 2018 in the Council Chamber located at
201 North “E” Street, San Bernardino, California 92401. Closed Session will
begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the October 3, 2018 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 in the breezeway of City Hall, 300 North “D”
Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s
website www.ci.san-bernardino.ca.us on Friday, September 28, 2018.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, CMC, City Clerk
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on
any item appearing on the agenda by approaching the microphone in the Council Chamber when
the item about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and
City Council Acting as the Successor Agency to the Redevelopment Agency concerning any
matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless
such time limit is extended by the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. A three minute
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.
Appointment
City of San Bernardino
Request for Council Action
Date: October 3, 2018
To: Honorable Mayor and City Council Members
From: R. Carey Davis, Mayor
By: Renee Brizuela, Administrative Assistant to City Council
Subject: Planning Commission Appointment
Recommendation
Approve the appointment of Mr. Alfonso Ruiz, Jr. to the Planning Commission.
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.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2018-19 Goals and Objectives
The proposed commission appointment aligns with Goal Number 5 Improving City
Government Operations by implementing the city charter and appointing commissioners
to the citizen advisory boards with clearly defined roles.
Conclusion
Approve the appointment of Mr. Alfonso Ruiz, Jr. to the Planning Commission.
Fiscal Impact
None
Attachments
Attachment 1 Commission application and resume – Mr. Alfonso Ruiz, Jr.
9/27/2018 12:23 PM
1.a
Packet Pg. 8 Attachment: MCC.Commission Appointment - Alfonso Ruiz, Jr. (5753 : Planning Commission Appointment)
1.b
Packet Pg. 9 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
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Packet Pg. 10 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
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Packet Pg. 11 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
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Packet Pg. 12 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
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Packet Pg. 13 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
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Packet Pg. 14 Attachment: 09-18-2018 - Alfonso Ruiz, Jr. - Mayor _Redacted (5753 : Planning Commission Appointment)
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: October 3, 2018
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Waive Full Reading of Resolutions and Ordinances
Recommendation:
Waive full reading of Resolutions and Ordinances on the agenda dated October 3,
2018.
4.a
Packet Pg. 15 Attachment: Waive Reading.Report_October 3 (5754 : Waive Full Reading of Resolutions and Ordinances)
5.a
Packet Pg. 16 Attachment: FN.Commercial Checks Payroll Report Oct 03, 2018 (5755 : City Council Approval of Commercial and Payroll Checks)
2018-19 Goals and Objectives
Approval of the noted check registers for commercial and payroll checks align with Goal
No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and
City Council’s approval of the City’s weekly remittances to third parties promotes
transparency of City business with the public.
Fiscal Impact
Amounts noted in the check registers have no further fiscal impact. Amounts were paid
consistent with existing budget authorization and no further budgetary impact is
required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the attached check registers.
Attachments
Attachment 1 Commercial checks for Register #13
Attachment 2 Commercial checks for Register #14
Attachment 3 Payroll checks for September 2018
Ward:
Synopsis of Previous Council Actions:
5.a
Packet Pg. 17 Attachment: FN.Commercial Checks Payroll Report Oct 03, 2018 (5755 : City Council Approval of Commercial and Payroll Checks)
5.b
Packet Pg. 18 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 19 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 20 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 21 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 22 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 23 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 24 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 25 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
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Packet Pg. 26 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
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Packet Pg. 27 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 28 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.b
Packet Pg. 29 Attachment: FN.Commercial Checks & Payroll. Register #13 (5755 : City Council Approval of Commercial
5.c
Packet Pg. 30 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 31 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 32 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 33 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 34 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 35 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 36 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 37 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 38 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 39 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 40 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 41 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 42 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 43 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 44 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 45 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 46 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
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Packet Pg. 47 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
5.c
Packet Pg. 48 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
5.c
Packet Pg. 49 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
5.c
Packet Pg. 50 Attachment: FN.Commercial Checks & Payroll. Register #14 (5755 : City Council Approval of Commercial
5.d
Packet Pg. 51 Attachment: FN.Payroll Summary Reports 9M (5755 : City Council Approval of Commercial and Payroll Checks)
6.a
Packet Pg. 52 Attachment: PD.CAD Enterprise Upgrade-Staff Report (5757 : Authorize a Contract Amendment and Issue of a Purchase Order to Tyler
upgraded modules were shown to add better efficiency in processing traffic collision
reports, traffic citations, and field interview information.
The City received a proposal from Tyler Technologies in August 2018 to upgrade the
CAD software to the latest version, Enterprise CAD (pricing included upgrades to the
existing interfaces currently in use by SBPD). The majority of the costs are related to
professional services, service fees to set up, migrate, implement, train and cover travel
expenses. The vendor proposal included additional software, Decision Support
Software (DSS), which is a data mart and dashboard to provide staff information at a
glance, reporting, and trend analysis as an additional tool for decision making purposes.
The new software would require a one-time software license fee and an increase to the
annual subscription costs. The cost for the upgrade is $243,757.
Tyler’s upgrade path from the department’s current version of CAD (version 10.2
service pack 7) to version 11 and the Brazos modules are estimated to take about 12
months from purchase, to project kick-off, to “go-live.”
2018-19 Goals and Objectives
The purchase of maintenance agreements support Goal No. 6: Operate in a Fiscally
Responsible and Business-Like Manner. The contract amendment allows for new
functionality and product support along with enhancements in the future.
Fiscal Impact
The financial impact to the City is $243,757. The Department is requesting an
authorization amount to include a 10% contingency ($24,375) for a total authorization
amount of $268,132. There is sufficient funding the in FY 2018/19 Adopted Budget in
account number 001-210-0062-5181.
Tyler Technologies is the sole provider of its New World Enterprise CAD software
required to run SBPD’s Communication installations. The City has a substantial
investment in technology based on this software. Market research was performed and it
was determined that there are no other vendors that can provide this upgrade without
entering into a police dispatch software replacement project. A conversion to another
vendor would take several years and cost a substantial amount more than the proposed
upgrade. By acquiring this upgrade from Tyler Technologies, the City will be able to
leverage its investment in the software for the dispatch system. Staff is requesting that
the Mayor and City Council provide purchasing authorization to the City Manager based
on the City of San Bernardino Municipal Code 3.04.010, Adoption of Purchasing
System, B. Exemptions, Number 3, Purchases approved by the Mayor and City Council.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager or her designee to execute a contract
amendment and issue a Purchase Order for an Enterprise CAD Software upgrade with
Tyler Technologies in an amount not to exceed $268,132.
9/28/2018 8:36 AM
6.a
Packet Pg. 53 Attachment: PD.CAD Enterprise Upgrade-Staff Report (5757 : Authorize a Contract Amendment and Issue of a Purchase Order to Tyler
Attachments
Attachment 1 Contract Amendment
Ward: N/A
Synopsis of Previous Council Actions:
On January 26, 2011, the Mayor and City Council adopted Resolution No. 2011-018, Authorizing
the execution of a contract with Tyler Technologies for a ten year subscription to use New World
Systems Dispatch software.
9/28/2018 8:36 AM
6.a
Packet Pg. 54 Attachment: PD.CAD Enterprise Upgrade-Staff Report (5757 : Authorize a Contract Amendment and Issue of a Purchase Order to Tyler
Document #: 1572-18A1C
1572-18A1C 0910 eCAD Upgrade (2018-23878 09.07).doc
AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below
(“Amendment Effective Date”) by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West
Long Lake Road, Troy, MI 48098 (“Tyler”) and San Bernardino Police, with offices at 710 North D Street, San Bernardino,
CA 92401 (“Client”).
WHEREAS, Tyler and the Client are parties to a License Agreement with an effective date of January 27, 2011 (the
“Agreement”);
WHEREAS, Tyler and Client now desire to amend the Agreement;
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:
1. The “Deleted Standard Software” set forth in Exhibit 1, Schedule 1, is hereby removed from the Agreement, and
Client’s license thereto shall cease when the replacement CAD Tyler Software set forth in Exhibit 1 and identified
as Enterprise Upgrade (“Replacement Standard Software”) is hereby added to the Agreement and has been
moved to a live production environment. Project management, implementation and training services associated
with the upgrade will be provided according to the terms of Schedule(s) 1 to Exhibit 2.
2. The terms and conditions contained in Exhibit 3, including the associated schedules thereto, only apply to the
Brazos Components listed in the Amendment Investment Summary.
3. The following payment terms shall apply:
a. Additional software fees as set forth in Exhibit 1 will be invoiced 100% on the Amendment Effective
Date.
b. Associated maintenance and support fees (including Esri) for the Replacement Standard Software will
remain unchanged from the Deleted Standard Software. Associated maintenance and support fees for
any additional Tyler Software listed in Exhibit 1 will be invoiced on a pro rata basis for the period
beginning on the first day of the month following the Amendment Effective Date through the end of the
current maintenance term and thereafter in a lump sum amount together with Client’s then-current
maintenance and support fees for previously licensed software. On an annual basis thereafter, Tyler will
invoice Client its then-current annual maintenance and support fees.
c. Additional Implementation and other professional services (including training) are billed and invoiced as
delivered, at the rates set forth in the Amendment Investment Summary.
d. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the
service. Project Management services, if any, will be billed monthly in arrears, beginning on the first day
of the month immediately following the Amendment Effective Date.
e. Hosting Fees: Hosting Fees for the Tyler Software identified on the Amendment Investment Summary
are invoiced annually in advance on the Amendment Effective Date and will renew automatically for
additional one (1) year terms at our then-current Hosting Services fee, unless terminated in writing by
either party at least thirty (30) days prior to the end of the then-current term.
f. Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we
make it available to you for downloading.
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Third Party Software Maintenance (excluding Esri): The first-year maintenance for the Third Party
Software, if any, is invoiced when we make it available to you for downloading.
g. Travel expenses shall be invoiced as incurred, as applicable.
4. This Amendment shall be governed by and construed in accordance with the terms and conditions of the
Agreement.
5. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of
signature of the last party to sign as indicated below.
Tyler Technologies, Inc. San Bernardino Police Department, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
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Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software, products, and services to be delivered by us to
you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit 1
Schedule 1
Deleted Standard Software
DELETED STANDARD SOFTWARE
CAD
New World MSP Combined LE/Fire/EMS CAD
Additional New World MSP Software for Computer Aided Dispatch
- CAD AVL
- Service Vehicle Rotation (Wrecker, Ambulance)
New World MSP Third Party CAD Interface Software
- CAD Paging Interface
- On-Line CAD Interface to State/NCIC
- Pre-Arrival Questionnaire Interface
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Exhibit 2
Upgrade Services
1. Project Management Services
We shall act as Project Manager to assist you in implementing the Tyler Software. Project Management Services
include:
a) Developing an Implementation Plan;
c) Providing revised Implementation Plans (if required);
d) Providing monthly project status reports; and
e) Facilitating project status meetings
• a project review (kickoff) meeting at your location
• progress status meeting(s) during implementation via telephone conference or at
your location; and
• a project close-out meeting at your location to conclude the project.
f) Consultation with other vendors or third parties, if necessary.
2. Implementation and Training Support Services
Implementation and training support services have been allocated for this project as described in the Amendment
Investment Summary. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the
amount allocated. The recommended implementation and training support services include:
a) implementation of the Tyler Software; and
b) Training you or assisting with your training on the Tyler Software .
The project management, implementation and training support services provided by us may be performed at your
premises and/or at our headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy).
We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two
(2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than
for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf,
and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will
make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled
commitments.
3. Interface and/or Fixed Installation Services
We shall provide interface and/or fixed installation services as described in the Amendment Investment Summary.
Our GIS implementation services are to assist you in preparing the required GIS data for use with the Tyler Software. At
a minimum, you will be required to provide an accurate street centerline layer and the appropriate polygon layers
needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal Geodatabase, File
Geodatabase, Shape Files). You are responsible for having clearly defined boundaries for Police Beats, EMS Districts and
Fire Quadrants. If necessary, we will assist you in creating the necessary polygon layers (Police Beats, EMS Districts and
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Fire Quadrants) for Unit Recommendations and Run Cards. We are not responsible for the accuracy of or any ongoing
maintenance of the GIS data used within the Tyler Software.
4. Hardware Quality Assurance Service
We shall provide Hardware Systems Assurance of your .NET server(s).
a) Hardware Quality Assurance Services (Standard Environment):
Hardware Systems Assurance and Software Installation:
- Assist with High Level System Design/Layout
- Validate Hardware Configuration and System Specifications
- Validate Network Requirements, including Windows Domain
- Physical Installation of our Application Servers
- Install Operating System and Apply Updates
- Install SQL Server and Apply Updates
- Install New World Applications Software and Apply Updates
- Establish Base SQL Database Structure
- Install Anti-Virus Software and Configure Exclusions
- Install Automated Backup Software and Configure Backup Routines
- Configure System for Electronic Customer Support (i.e. NetMeeting)
- Tune System Performance Including Operating System and SQL Resources
- Test High Availability/Disaster Recovery Scenarios (if applicable)
- Provide Basic System Administrator Training and Knowledge Transfer
- Document Installation Process and System Configuration
5. Message Switch Operating System Assurance Service
We shall provide Message Switch Operating System Assurance, which includes:
a) Message Switch Operating System Assurance Services:
Operating System Assurance and Software Installation Services:
- Unpack and assemble hardware
- Verify core hardware functionality (network/video/storage devices/usb)
- Install and update AIX Operating System
- Install and update applicable system manual pages
- Set AIX environment variables
- Build system user-ids and applicable authorizations
- Install and stage message handler and compilers
- Verify and allocate disk space
- Mirror hard drives and boot sequencing
- Migrate all Message Switch data from the old server to the new server
- Configure devices on the new server (Ethernet cards, print queues, tty’s, etc.)
- Verify all scripts are adjusted for new machine
- Migrate all source code from old machine to the new machine
- Compile New World Message Switch programs
- Assure Message Switch operation in the live environment
- Adjust any tables as needed during the assurance phase
- Setup automatic “cron” jobs
- Complete full system and log backups
- Perform any necessary administrator training
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Exhibit 2
Schedule 1
Data File Conversion Assistance
We will provide conversion assistance to you to help convert the existing data files specified below. If additional files
are identified after contract execution, estimates will be provided to you prior to us beginning work on those newly
identified files.
General
1. This conversion effort includes data coming from the New World database, not multiple sources.
2. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any
data cleansing, removal of duplicate records, or editing must take place by you prior to providing the data to
us.
Our Responsibilities
1. We will provide the data conversion programs to convert your data from a single data source to the Tyler
Software.
2. Tyler will provide warranty coverage for any conversion-procedure-related issue reported by Client to Tyler
within thirty (30) days after the conversion is run in the live database.
Client Responsibilities
1. You will give us access to your current MSP database for extraction of data.
2. You will be responsible for travel expenses as set forth in the Invoicing and Payment Policy.
Files to be Converted:
New World MSP CAD / Call for Service to New World Enterprise CAD Calls for Service.
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Exhibit 3
Additional Terms for Brazos Components
We will provide you with the Brazos components of Tyler Software indicated in the Amendment Investment Summary.
The terms and conditions contained in this document only apply to our provision of those applications. Capitalized terms
not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement.
1. Additional Definitions. The following definitions shall apply to this Exhibit:
1.1. “Brazos Components” means the Brazos software components of Tyler Software identified in the Amendment
Investment Summary.
1.2. “Hosting Services” means the hosting services Tyler will provide for the Brazos Components for the fees set forth in
the Amendment Investment Summary. Terms and Conditions for the Hosting Services are set forth in this exhibit.
1.3. “SLA” means the service level agreement applicable to the Hosting Services for the Brazos Components. A copy of
Tyler’s current SLA is attached hereto as Schedule 1 to this exhibit.
1.4. “Third Party Services” means the services provided by third parties, if any, identified in the Amendment Investment
Summary.
2. Hosting Terms for Brazos Components.
2.1. We will either host or engage Third Party Services in order to host the Brazos Components set forth in the
Amendment Investment Summary for the fees set forth therein. You agree to pay those fees according to the
terms of the Invoicing and Payment Policy. In exchange for those fees, we agree to provide the Hosting Services
according to the terms and conditions set forth in this Exhibit, and the other applicable terms of this Amendment. If
you fail to pay those fees, we reserve the right to suspend delivery of the applicable Hosting Services after advance
written notice to you of our intention to do so.
2.2. In our sole discretion, we may elect to migrate the Hosting Services to a replacement system (including our own)
and will undertake reasonable efforts to complete such transfer during maintenance windows as set forth in the
SLA. We will undertake reasonable efforts to provide you with advance written notice of any such transfer. You
agree to provide all reasonable assistance and access in connection with any such transfer. In the event the Brazos
Components are transferred to our data center and we provide hosting services directly to you, the terms of the
SLA will also apply.
2.3. The initial term for the Hosting Services is one (1) year. Thereafter, the term will renew automatically for additional
one (1) year terms, unless terminated by either party at least thirty (30) days in advance of the upcoming renewal
date.
2.4. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware, and
operating systems that support the Hosting Services. These upgrades are performed in commercially reasonable
timeframes and in coordination with third-party releases and certifications. We will make available information on
industry-standard minimum requirements and supported browsers for accessing the Hosting Services.
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Exhibit 3
Schedule 1
Service Level Agreement
Agreement Overview
This SLA outlines the information technology service levels that we will provide to you to ensure the availability of the
Hosting Services that you have requested us to provide. All other support services are documented in the applicable
Support Call Process, attached hereto as Schedule 1 to this exhibit. All defined terms not defined below have the meaning
set forth in the Agreement.
Definitions
Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest
whole number.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or
omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during which the applicable software products are materially unavailable for your use.
Downtime does not include those instances in which only a Defect is present.
Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing,
and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.
Service Availability
The Service Availability of the applicable software products is intended to be 24/7/365. We set Service Availability goals
and measures whether we have met those goals by tracking Attainment.
Client Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the
applicable Support Call Process exhibit. You may escalate through the hosting hotline. You will receive a support incident
number. Any Downtime is measured from the time we intake your support incident.
To track attainment, you must document, in writing, all Downtime that you have experienced during a billing cycle. For
purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter. You must deliver such
documentation to Tyler within thirty (30) days of a billing cycle’s end.
The documentation you provide must substantiate the Downtime. It must include, for example, the support incident
number(s) and the date, time and duration of the Downtime(s).
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Tyler Responsibilities
When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to
identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure).
We will also work with you to resume normal operations.
Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage logs and
support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred.
We will respond to your Downtime report within thirty (30) days of receipt. To the extent we have confirmed
Downtime for which we are responsible, we will provide you with the relief set forth below.
Client Relief
When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that
corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule
below.
Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of the fee
for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the
problem which created the service interruption. A correction may occur in the billing cycle following the service
interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your
total credits will be doubled, with equal relief being provided in that later billing cycle.
Client Relief Schedule
Targeted Attainment Actual Attainment Client Relief
100% 98-99% Remedial action will be taken at no
additional cost to you.
100% 95-97% Remedial action will be taken at no
additional cost to you. 4% credit of
fee for affected billing cycle will be
posted to next billing cycle
100% <95% Remedial action will be taken at no
additional cost to you. 5% credit of
fee for affected billing cycle will be
posted to next billing cycle
You may request a report from us that documents the preceding billing cycle’s Service Availability, Downtime, any
remedial actions that have been/will be taken, and any credits that may be issued. That report is available by contacting
the hosting hotline through the support portal(s).
Applicability
The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force
Majeure.
We perform maintenance during limited windows that are historically known to be reliably low-traffic times. If and when
maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and
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will coordinate to the greatest extent possible with you. When maintenance is scheduled to occur, we will provide
approximately two (2) weeks’ advance written notice to the contact information that you supply on your notification
form. When emergency maintenance is scheduled, you will receive an email at that same contact point.
Force Majeure
You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by
Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing
will include the details and circumstances supporting our request for relief with clear and convincing evidence pursuant to this
provision. You will not unreasonably withhold your acceptance of such a request.
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Exhibit 3
Schedule 2
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current
maintenance agreements to collaborate with one another, share best practices and resources, and access
documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited
support incidents through the customer relationship management portal available at the Tyler Technologies
website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact
information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another
and share best practices and resources.
(3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best
practices, release information, and job aides.
(4) Program Updates – where development activity is made available for client consumption.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US
time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones.
Tyler’s Brazos eCitations solutions offers 24/7 support of the product and software.
Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident
number. This system tracks the history of each incident. The incident tracking number is used to track and reference
open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at
Tyler’s website or by calling software support directly.
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Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is
responsible for reasonably setting the priority of the incident per the chart below. The goal of this structure is to help
the client clearly understand and communicate the importance of the issue and to describe expected responses and
resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets
1
Critical
Support incident that causes (a) complete
application failure or application
unavailability; (b) application failure or
unavailability in one or more of the client’s
remote location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1
incidents within one (1) business hour of receipt of the
support incident. Tyler shall use commercially reasonable
efforts to resolve such support incidents or provide a
circumvention procedure within one (1) business day. Tyler’s
responsibility for lost or corrupted data is limited to assisting
the client in restoring its last available database.
2
High
Support incident that causes (a) repeated,
consistent failure of essential functionality
affecting more than one user or (b) loss or
corruption of data.
Tyler shall provide an initial response to Priority Level 2
incidents within four (4) business hours of receipt of the
support incident. Tyler shall use commercially reasonable
efforts to resolve such support incidents or provide a
circumvention procedure within ten (10) business days.
Tyler’s responsibility for loss or corrupted data is limited to
assisting the client in restoring its last available database.
3
Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority Level
2 incident that affects only one user or for
which there is an existing circumvention
procedure.
Tyler shall provide an initial response to Priority Level 3
incidents within one (1) business day of receipt of the support
incident. Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack. Tyler’s responsibility for
lost or corrupted data is limited to assisting the client in
restoring its last available database.
4
Non-
critical
Support incident that causes failure of non-
essential functionality or a cosmetic or
other issue that does not qualify as any
other Priority Level.
Tyler shall provide an initial response to Priority Level 4
incidents within two (2) business days. Tyler shall use
commercially reasonable efforts to resolve such support
incidents, as well as cosmetic issues, with a future version
release.
Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager.
After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary
action to meet the client’s needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages
clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately.
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A software support incident can be escalated by any of the following methods:
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue
through management channels as described above.
(2) Email – clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client
incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist
with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly
connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More
information about the remote support tool Tyler uses is available upon request.
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All grant funded traffic operations will be conducted to make the streets of San
Bernardino safer for all pedestrians and motorists. The STEP program will seek
voluntary compliance of traffic laws by generating publicity throughout the one-year
grant period. The grant will also reimburse the cost of DUI related training for officers,
supplies used at checkpoints, and the replacement of two ticket writer devices.
2018-19 Goals and Objectives
The administration of the Office of Traffic Safety grant aligns with Goal No. 2: Provide
for the Safety of City Residents and Businesses - utilize City programs to reduce crime
and ensure that neighborhoods and business areas are safe; and Goal No. 7: Pursue
City Goals and Objectives by Working with Other Agencies - work with Federal, State
and regional governments and organizations to ensure San Bernardino received its fair
share of resources.
Fiscal Impact
The financial impact to the City is $458,000. Staff requests that the Director of Finance
be authorized to amend the Adopted FY 2018/19 budget increasing the Police grant
program budget by $458,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2018-272 authorizing the City Manager to execute,
accept, and administer the FY 2018/19 State of California, Office of Traffic Safety Grant
Number PT19106 in the amount of $458,000.
Attachments
Attachment 1 Resolution
Attachment 2 Grant Agreement
9/27/2018 3:59 PM
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Ward: All
Synopsis of Previous Council Actions:
7/5/17 Resolution 2017-126 adopted authorizing the acceptance and administration of
the FY207/18 Office of Traffic Safety STEP grant in the amount of $675,000.
10/10/16 Resolution 2016-211 adopted authorizing the acceptance and administration of
the FY207/18 Office of Traffic Safety STEP grant in the amount of $430,000.
1/23/15 Resolution 2015-10 adopted authorizing the acceptance and administration of the
FY207/18 Office of Traffic Safety STEP grant in the amount of $250,000.
3/3/14 Resolution 2014-49 adopted authorizing the acceptance and administration of the
FY207/18 Office of Traffic Safety STEP grant in the amount of $429,504.
1/7/13 Resolution 2013-1 adopted authorizing the acceptance and administration of the
FY207/18 Office of Traffic Safety STEP grant in the amount of $256,942
4/10/12 Resolution 2012-67 adopted authorizing the acceptance and administration of the
FY207/18 Office of Traffic Safety STEP grant in the amount of $269,934.
9/27/2018 3:59 PM
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RESOLUTION NO. 2018-272
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE, ACCEPT, AND ADMINISTER THE FY 2018/19 STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY GRANT NUMBER PT19106 IN THE AMOUNT OF
$458,000
WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety
grant for the period of October 1, 2018, through September 30, 2019.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the State of California
Office of Traffic Safety Grant Agreement, Grant Number PT19106, in the amount of $458,000,
attached hereto, marked Attachment 2, and incorporated herein.
SECTION 2. The Director of Finance is hereby authorized to amend the Adopted
FY2018/19 budget increasing both revenue and expenditures by $458,000, as outlined in the
attached grant agreement budget.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE, ACCEPT, AND ADMINISTER THE FY 2018/19 STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY GRANT NUMBER PT19106 IN THE AMOUNT OF
$458,000
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2018, by the following vote, to wit:
COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
MARQUEZ ______ ______ ______ ______
BARRIOS ______ ______ ______ ______
VALDIVIA ______ ______ ______ ______
SHORETT ______ ______ ______ ______
NICKEL ______ ______ ______ ______
RICHARD ______ ______ ______ ______
MULVIHILL ______ ______ ______ ______
___________________________
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this of __ , 2018.
___________________________
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: ____________________________________
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Packet Pg. 82 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 83 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
7.c
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7.c
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Packet Pg. 86 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
7.c
Packet Pg. 87 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 88 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 89 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 90 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 91 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 92 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
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Packet Pg. 93 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
7.c
Packet Pg. 94 Attachment: PD.OTS Grant Agreement PT19106 (5758 : Authorize Acceptance of Office of Traffic Safety Grant)
8.a
Packet Pg. 95 Attachment: IT.authorization for workstation purchase - Staff Report (5759 : Authorization to Purchase 85 Lenovo Workstations in an Amount Not to
2018-19 Goals and Objectives
The proposed purchase supports Goal No. 6: Operate in a Fiscally Responsible and
Business-Like Manner. The workstation purchase allows for Departments to keep
current with workstation technology and Microsoft Windows licensing.
Fiscal Impact
The workstation replacement funds have been included in the Information Technology
FY 2018/19 budget in account 679-250-0060-5102. Sufficient funds exist in the account
to fund the purchase.
Conclusion
It is recommended that the Mayor and City Council authorize the City Manager or her
designee to execute documents for the purchase of 85 Lenovo workstations from
Connection in an amount not to exceed $77,473.
Attachments
Attachment 1 – Workstation Quote
Ward: N/A
Synopsis of Previous Council Actions
On August 16th, 2017, the Mayor and City Council directed the City Manager to purchase 100
Lenovo Workstations from GovConnection in an amount not to exceed $90,000.
9/27/2018 3:58 PM
8.a
Packet Pg. 96 Attachment: IT.authorization for workstation purchase - Staff Report (5759 : Authorization to Purchase 85 Lenovo Workstations in an Amount
ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation:NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice
link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm
Please forward your Contract or Purchase Order to:
SLEDOPS@connection.com
QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
Connection Response 8 (RFP) F-19-09
Purchase of 85 Lenovo Computers
8.b
Packet Pg. 97 Attachment: IT.authorization for workstation purchase - quote (5759 : Authorization to Purchase 85 Lenovo Workstations in an Amount Not to
Account Executive:Joseph Rozmiarek
Phone:(800) 800-0019 ext. 75559
Fax:(603) 683-0547
Email:joe.rozmiarek@connection.com Date:9/13/2018
Valid Through:10/13/2018
Account Manager:Account #:S04834
Phone:
Fax:
Email:
Customer Contact:Mitch Cochran Phone:(909) 384-5947 x3017
Email:cochran_mi@sbcity.org Fax:
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs NET 30
*Line #Qty Item #Mfg. Part #Description Mfg.Price Ext
1 85 CUST.TC M720q i5-8500T San Ber 767.21$ 65,212.85$
2
This quote is valid for 120 Days from the
9/18/2018 bid opening date, which
supersedes the "Valid Through" date at
the top of this quote.
-$
3
Delivery within 21 calendar days, ARO.
This supersedes the delivery timeframe
indicated at the top of this quote.
-$
Subtotal 65,212.85$
Fee 0.00$
Shipping and
Handling 0.00$
Tax 5,217.03$
Total 70,429.88$
CITY OF SAN BERNARDINO
INFORMATION SYSTEMS
QUOTE PROVIDED TO:SHIP TO:
AB#: 14808932 AB#: 14680677
CITY OF SAN BERNARDINO
290 N D ST MITCH COCHRAN
INFO SYSTEMS - CITY HALL
SAN BERNARDINO, CA 92418 290 N D ST
SALES QUOTE
GovConnection, Inc.# 24644758.03-W1
732 Milford Road PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERINGMerrimack, NH 03054
SAN BERNARDINO, CA 92401
(909) 384-5947 (909) 384-5947 x3017
5-30 Days A/R/O
Page 2 of 3 9/13/2018Connection Response 9 (RFP) F-19-09
Purchase of 85 Lenovo Computers
8.b
Packet Pg. 98 Attachment: IT.authorization for workstation purchase - quote (5759 : Authorization to Purchase 85 Lenovo Workstations in an Amount Not to
Item #Description Notes
CUST.TC M720q i5-8500T San
Ber
10T8CTO1WW Desktop TC M720q_Intel_CFL_ES_Tiny_R 1
Country USA 1
Warranty 3 Year On-site 1
Preload Type Standard Image 1
Preload OS Windows 10 Pro 64 1
Preload Language Windows 10 Pro 64 English 1
Platform Tiny B360 1
Processor Intel Core i5-8500T Processor (9MB Cache, 2.10GHz) 1
Memory 16GB DDR4 2666MHz SoDIMM 1
M.2 Storage Card 128GB Solid State Drive PCIe-NVMe M.2 2242 1
Graphic Card Integrated Graphic Card 1
Ethernet Integrated Ethernet 1
Speakers Internal Speaker Tiny 1
Vertical Stand Vertical Stand Tiny 1
Keyboard USB TRDTNL KB BK ENG 1
Publications Publication English 1
Power Adapter Tiny 65W adapter 1
KB TYPE USB Traditional KB BK 1
Thermal Thermal Kit 35W Tiny 1
Package PKG Tiny w/o ODD-WW 1
Adapter Adapter for Tiny 1
OS DPK W10 Pro 1
CPU Type Intel Core i5 1
Warranty Upgrades WARRANTY 3Y Premier Support 1
Product Notes for Quote# 24644758.03-W1
Page 3 of 3 9/13/2018Connection Response 10 (RFP) F-19-09
Purchase of 85 Lenovo Computers
8.b
Packet Pg. 99 Attachment: IT.authorization for workstation purchase - quote (5759 : Authorization to Purchase 85 Lenovo Workstations in an Amount Not to
9.a
Packet Pg. 100 Attachment: CM.BCCAC.01.Bylaws.Meeting Dates, Times & Locations .STAFF REPORT (5760 : City of San Bernardino Boards, Commissions, and Citizen
need to establish operating guidelines for each of the City’s 12 advisory bodies
including:
1. Animal Control Commission - Resolution No. 2018-45
2. Arts and Historical Preservation Commission – Resolution No. 2018-97
3. Building and Accessibility Appeals Board – Municipal Code Chapter 2.45
4. Charter Review Committee – Resolution No. 2017-243
5. Elected Official Compensation Advisory Commission – Municipal Code Chapter
2.19
6. Library Board – Municipal ode Chapter 2.27
7. Measure “Z” Citizens Oversight Committee – MC-1229
8. Parks, Recreation and Community Services Commission – Resolution No. 2018-
47
9. Personnel Commission – Municipal Code Chapter 2.50
10. Planning Commission – Municipal Code Chapter 2.22
11. Public Safety and Human Relations Commission - Resolution No. 2018-46
12. Water Board – Municipal Code Chapter 2.28
Discussion
Section 601 of the City Charter stipulates that the rules and regulations pertaining to the
conduct of board, commission, or committee business will be established with five
affirmative votes of the Mayor and entire City Council. This includes establishing
operating guidelines as well as regular meeting dates, times, and locations. The
adoption of universal bylaws that apply to all of the City’s boards, commissions, and
citizen advisory committees will establish a standard set of operating guidelines making
it easier for staff to support each advisory body and simplifying the process of making
changes to the operating guidelines as necessary in the future. The bylaws define the
rules of order, the process for the election of officers, and the responsibility delegated to
the chairperson/president, vice chairperson/vice-president, and the staff
liaison/secretary.
The establishment by resolution of the regular meeting dates, times and locations for
each of the City’s boards, commissions, and citizen advisory committees will enable
changes to be made as needed without requiring changes to the bylaws. In an effort to
improve public access and ensure that the City’s public meetings are located in a room
equipped with the audio visual equipment needed to conduct open meetings, it is
recommended that the majority of the City’s boards, commissions, and citizen advisory
committees meet in the Council Chamber. With this in mind we are recommending that
the regular meeting location established for the following commissions be moved to the
Council Chamber.
9/27/2018 4:02 PM
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Packet Pg. 101 Attachment: CM.BCCAC.01.Bylaws.Meeting Dates, Times & Locations .STAFF REPORT (5760 : City of San Bernardino Boards, Commissions,
Commission Current New
Animal Control Commission Police Department
Personnel & Training
Conference Room at 710
N. D Street, San
Bernardino, CA 92401
Council Chamber at 201
North “E” Street, San
Bernardino, CA 92401
Personnel Commission Suite 200, 215 North D
Street, San Bernardino
CA 92401
Council Chamber at 201
North “E” Street, San
Bernardino, CA 92401
Public Safety and Human
Relations Commission
Police Department
Personnel & Training
Conference Room at 710
N. D Street, San
Bernardino, CA 92401
Council Chamber at 201
North “E” Street, San
Bernardino, CA 92401
Parks, Recreation and
Community Services
Commission
Parks and Recreation
Department Large
Conference Room, 201
North E Street, Bldg. 201
A, San Bernardino, CA
92401
Council Chamber at 201
North “E” Street, San
Bernardino, CA 92401
The Animal Control, Personnel and Parks, Recreation and Community Services
Commissions have already started holding their regular meetings in Council Chamber
for the reasons identified above. While some members of the Public Safety and Human
Relations Commission have expressed a preference to continue to meet at the Police
Station citing concerns with the Council Chamber room acoustics and after hours
security, these issues can be addressed with the use of audio visual equipment and the
on-site security service that is now provided at the 201 North E Street building.
2018-19 Goals and Objectives
Setting the regular meetings dates, times, and locations along with the establishment of
bylaws for the City’s boards, commissions, and citizen advisory committees creates
uniform operating guidelines for each advisory body is in alignment with Goal No.
5: Improve City Government Operations, and Goal 5(f): Improve organizational
efficiency and effectiveness.
Fiscal Impact
There is no fiscal impact to the City.
9/27/2018 4:02 PM
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Packet Pg. 102 Attachment: CM.BCCAC.01.Bylaws.Meeting Dates, Times & Locations .STAFF REPORT (5760 : City of San Bernardino Boards, Commissions,
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2018-275 adopting bylaws for the City’s Boards,
Commissions, and Citizen Advisory Committees and Repealing Resolution No.
2018-198 establishing separate bylaws for the Animal Control Commission,
Library Board, Planning Commission, and Public Safety and Human Relations
Commission; and
2. Adopt Resolution No. 2018-276 adopting regular meeting dates, times, and
locations for City Boards, Commission, and Citizen Advisory Committees.
Attachments
Attachment 1 Resolution No. 2018-275 - Exhibit A - Board, Commission and
Citizen Advisory Committee Bylaws
Attachment 2 Resolution No. 2018-276 - Exhibit A - Board, Commission and
Citizen Advisory Committee Regular Meeting Dates, Times and
Locations
Ward:
Synopsis of Previous Council Actions:
• On July 5, 2018, the Mayor and City Council adopted Resolution No. 2018-195
establishing separate bylaws for the Animal Control Commission, Library Board,
Planning Commission, and Public Safety and Human Relations Commission
9/27/2018 4:02 PM
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Packet Pg. 103 Attachment: CM.BCCAC.01.Bylaws.Meeting Dates, Times & Locations .STAFF REPORT (5760 : City of San Bernardino Boards, Commissions,
Resolution No. 2018-275
RESOLUTION NO. 2018-275 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING BYLAWS FOR THE CITY’S BOARDS,
COMMISSIONS, AND CITIZEN ADVISORY
COMMITTEES AND REPEALING RESOLUTION NO.
2018-195 ESTABLISHING SEPARATE BYLAWS FOR THE
ANIMAL CONTROL COMMISSION, LIBRARY BOARD,
PLANNING COMMISSION, AND PUBLIC SAFETY AND
HUMAN RELATIONS COMMISSION
WHEREAS, Section 601 of the City Charter stipulates that the rules and regulations
pertaining to the conduct of board, commission, or committee business will be established with
five affirmative votes of the Mayor and entire City Council; and
WHEREAS, on July 5, 2018 separate bylaws were established for the Animal Control
Commission, Library Board, Planning Commission, and Public Safety and Human Relations
Commission; and
WHEREAS, no current bylaws are in place for the Arts and Historical Preservation
Commission, Building and Accessibility Appeals Board, Charter Review Committee, Elected
Official Compensation Advisory Commission, Measure “Z” Citizen’s Oversight Committee,
Parks, Recreation and Community Services Commission, Personnel Commission and Water
Board; and
WHEREAS, the adoption of universal bylaws that apply to the City’s boards,
commissions, and citizen advisory committees will establish a standard set of operating
guidelines, making it easier for staff to support each advisory body and simplifying the process
of making changes to the operating guidelines as necessary in the future.
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 bylaws for the City’s boards, commissions, and citizen advisory
committees are hereby adopted as described in Exhibit A, which is attached hereto and
incorporated herein by this reference.
SECTION 3. Resolution No. 2018-195, adopted on July 5, 2018, is hereby repealed.
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.
9.b
Packet Pg. 104 Attachment: CM.BCCAC.02.Bylaws.RESOLUTION (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
Resolution No. 2018-275
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Mayor and City Council and signed by the Mayor
and attested by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
9.b
Packet Pg. 105 Attachment: CM.BCCAC.02.Bylaws.RESOLUTION (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
Resolution No. 2018-275
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Mayor: AYES NAYS ABSTAIN ABSENT
DAVIS _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
9.b
Packet Pg. 106 Attachment: CM.BCCAC.02.Bylaws.RESOLUTION (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
EXHIBIT A
CITY OF SAN BERNARDINO
BOARD, COMMISSION, AND CITIZEN ADVISORY
COMMITTEE
BYLAWS
Pursuant to and consistent with the requirements of Article VI of the City Charter, the City
establishes the following bylaws for all appointed boards, commissions, and citizen advisory
committees (hereinafter, “the Commission”) established:
ARTICLE I Election of Officers
Section 1. With the exception of the Library Board and Water Board, the officers of the
Commission shall include:
(a) a Chair; and
(b) a Vice Chair.
The officers of the Library Board and Water Board shall include:
(a) a President; and
(b) a Vice President.
Section 2. Officers shall be elected by a majority of the commissioners present at the
first regular meeting in January.
Section 3. With the exception of the Library Board and Water Board, officers shall serve
a term of one (1) year, commencing upon their election. Officers of the Library and the
Water Board shall serve a term of two (2) years, commencing upon their election.
Officers shall hold office at the pleasure of the Commission and officers may be removed
from office by a majority vote of the Commission.
Section 4. Any Commission Officer vacancy shall be filled at the next regularly
scheduled meeting after the vacancy occurs. Officers elected to fill a vacancy on the
Commission shall serve for the balance of the then unexpired term of office.
ARTICLE III Duties of Officers and Staff Liaison
Section 1. Chair or President
The Chair (or President) shall preside over all meetings of the Commission. The Chair
(or President) shall represent the Commission in meetings with City officials and
members of the public, and shall report to the Commission information pertinent about
those meetings and any other business pertinent to the Commission.
The Chair (or President) may call for a special meeting of the Commission in
coordination with the Staff Liaison/Secretary.
1 | Page
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Packet Pg. 107 Attachment: CM.BCCAC.03.Byalws EXHIBIT A (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
EXHIBIT A
Section 2. Vice Chair or Vice President
The Vice Chair (or Vice President) shall serve as Chair/President Pro Tempore in the
Chair/President’s absence.
Section 3. Staff Liaison/Secretary
The Staff Liaison, as appointed by the City Manager, shall serve as Secretary to the
Commission, and as such shall be responsible for the administration of the affairs of the
Commission. The Staff Liaison/Secretary shall prepare and post the agenda for
meetings of the Commission in conformity with applicable laws. The Secretary of the
Commission, or designee, shall prepare the meeting minutes recording the official
actions taken by the Commission. Minutes must be prepared and retained permanently
in an action minute or summary minute format. The Secretary shall ensure that the
official records of the Commission are prepared and provided to the City Clerk. In the
absence of both the Chair (or President) and the Vice Chair (or Vice President) the
Secretary shall call the Commission to order, whereupon a temporary Presiding Officer
shall be elected by the commissioners present to serve until the arrival of the
Chair/President or Vice Chair/Vice President or until adjournment.
Section 4. City Clerk
The City Clerk shall be the custodian of all official records of the Commission.
ARTICLE IV Meetings
Section 1 Regular meetings
All regular meetings of the Commission shall be noticed in accordance with the Ralph M.
Brown Act (i.e., no less than 72-hours prior to the regular meeting).
While the agenda is prepared by the Staff Liaison, additional items may be placed on a
subsequent agenda either at the direction of the Chair (or President) or by the
Commission, through a majority-vote of its members at a regularly scheduled meeting.
Section 2. Special meetings
Special meetings may be held at any time in coordination with the Staff Liaison at the
call of the Chair (or President) or at the request of the majority of the Commission.
Notice of the special meeting and its purpose must be provided to all Commissioners
and must be posted in accordance with the Ralph M. Brown Act (i.e., no less than
twenty-four (24) hours prior to the special meeting). The Commission may only act on or
discuss items on the agenda for the special meeting and public comment may be so
limited.
Section 3. Quorum
A quorum at any meeting consists of a majority of Commissioners.
The absence of any Commissioner previously recorded as present (temporary or
permanent), shall be noted in the Minutes for purposes of determining the presence of a
quorum at all times.
2 | Page
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Packet Pg. 108 Attachment: CM.BCCAC.03.Byalws EXHIBIT A (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
EXHIBIT A
Section 4: Attendance
Each Commissioner who will be unable to attend a meeting of the Commission shall
notify the Staff Liaison/Secretary at the earliest opportunity, but not later than 5:00 p.m.
on the day prior to the scheduled meeting. The Secretary shall notify the Chair (or
President) if the projected absence(s) will produce a lack of a quorum.
Section 5: Public Comments
Public comments will be permitted in accordance with the Ralph M. Brown Act, Municipal
Code Chapter 2.58, Resolution No. 2018-89, and any other applicable laws.
Section 6: Maintenance of Records
All Commission records shall be maintained by the City Clerk according to the City’s
adopted record retention schedule.
ARTICLE V Committees
Section 1. The Commission may establish ad hoc committees at a noticed meeting as
deemed necessary and the Chair (or President) may appoint Commissioners to said
committees, who will serve at the pleasure of the Chair (or President).
ARTICLE VI Amendments and Adoption
Section 1. Pursuant to Sections 601 and 304(b) of the City Charter these bylaws may
only be amended with the approval of at least five affirmative votes of the Mayor and
members of the City Council.
Upon approval, these Bylaws shall be in full force and effect, superseding all previously
adopted bylaws. These Bylaws shall not be considered or construed as superseding
any ordinance or directive of the Mayor and City Council.
ARTICLE VII Procedures
Section 1 Rules of Order
The Commission shall conduct meetings in accordance with applicable law, including the
Ralph M. Brown Act and Municipal Code Chapter 2.58. The Chair (or President) shall
be responsible for ensuring the Commission adheres to rules of order. Rosenberg’s
Rules of Order, Revised, shall be considered the parliamentary authority of the
Commission, except when inconsistent with these bylaws or with special rules of
procedure which the Commission or Mayor and City Council adopt. The Commission will
follow the procedural rules established by the Mayor and City Council for quasi-judicial
hearings (Resolution No. 2018-88) and regulations for public comments and testimony
(Resolution No. 2018-89). In addition, the abstention by any commissioner who is
present for an item considered and has heard all presented evidence shall constitute an
affirmative vote on any motion.
3 | Page
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Packet Pg. 109 Attachment: CM.BCCAC.03.Byalws EXHIBIT A (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
EXHIBIT A
Section 2 Conflict of Interest
Commissioners shall comply with all laws pertaining to the ethical conduct of
commissioners including, without limitation, the Political Reform Act, Government Code
section 1090, and all FPPC regulations. Any commissioner who is prohibited from
voting on a matter, by reason of a conflict of interest, shall publicly state the nature of
such conflict in an open meeting, recuse herself/himself from the item, leave the room,
and not participate in any related deliberations or actions on the matter.
4 | Page
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Packet Pg. 110 Attachment: CM.BCCAC.03.Byalws EXHIBIT A (5760 : City of San Bernardino Boards, Commissions, and Citizen Advisory Committees –
Resolution No. 2018-276
RESOLUTION NO. 2018-276 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING REGULAR MEETING DATES, TIMES, AND
LOCATIONS FOR CITY BOARDS, COMMISSIONS, AND
CITIZEN ADVISORY COMMITTEES
WHEREAS, Section 601 of the City Charter stipulates that the rules and regulations
pertaining to the conduct of board, commission, or committee business will be established with
five affirmative votes of the Mayor and entire City Council; and
WHEREAS, the Mayor and City Council find it to be in the best interests of the City to
set forth regular meeting dates, times, and locations for the City’s boards, commissions, and
citizen advisory committees.
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 regular meeting dates, times and locations for the City’s boards,
commissions, and citizen advisory committees are hereby set as described in Exhibit A, which is
attached hereto and incorporated herein by this reference.
SECTION 3. When necessary, and in compliance with the Ralph M. Brown Act, regular
board, commission, and citizen advisory committee meetings may be held in another location.
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 Mayor and City Council and signed by the Mayor
and attested by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
9.d
Packet Pg. 111 Attachment: CM.BCCAC.04.Meeting Dates, Times & Locations.RESOLUTION (5760 : City of San Bernardino Boards, Commissions, and Citizen
Resolution No. 2018-276
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2018 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Mayor: AYES NAYS ABSTAIN ABSENT
DAVIS _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
9.d
Packet Pg. 112 Attachment: CM.BCCAC.04.Meeting Dates, Times & Locations.RESOLUTION (5760 : City of San Bernardino Boards, Commissions, and Citizen
EXHIBIT A
City of San Bernardino
Board, Commission and Citizen Advisory Committee
Meeting Dates, Times and Locations
Board/Commission/
Committee Summary Meeting Time Meeting Location
Animal Control
Commission
This nine (9) member commission, established by Resolution No. 2018-
45, is charged with providing advisory recommendations to the Mayor,
City Council and City staff on strategies, policies, and programs
designed to ensure quality care for animals housed at the City of San
Bernardino’s Animal Shelter; increasing awareness of animals available
for adoption at the shelter; and educating the community regarding
the humane treatment of animals and other matters related to animal
shelter services.
Second Wednesday of each month
at 4 p.m.
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Arts and Historical
Preservation
Commission
Established by Resolution No. 2018-97, this nine (9) member
commission advises 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.
TBD
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Building and Accessibility
Appeals Board
This five (5) member appeal board established under Municipal Code
Chapter 2.45 is comprised of two (2) physically disabled members, two
(2) members experienced in building construction, and one (1)
member of the general public. The board is tasked with hearing
appeals associated with the decisions made by the City’s Building
Official relative to the application and interpretation of the California
Building, Fire, Plumbing, Mechanical and Electrical Codes and
compliance with both State and Federal disabled access regulations.
Meets as needed Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Charter Review
Committee
This nine (9) member committee, established by Resolution No. 2017-
243, 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.
Meets as needed Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
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EXHIBIT A
City of San Bernardino
Board, Commission and Citizen Advisory Committee
Meeting Dates, Times and Locations
Board/Commission/
Committee Summary Meeting Time Meeting Location
Elected Official
Compensation Advisory
Commission
Required by Section 305 of the City Charter and established by
Municipal Code Chapter 2.19, this nine (9) member commission is
charged with evaluating and making compensation recommendations
to the Mayor and City Council for the City’s elected officials.
Meets as needed Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Library Board Established under City Charter Section 602, this five (5) member board
is responsible for: providing adequate library services; appointing a
Library Director; administering the Library budget allocated by the City
Council; making and enforcing all rules and regulations applicable to
library services; and administering such additional matters as may be
determined by ordinance.
Second Tuesday of each month
at 3 p.m.
Feldheym Central Library
Administration Board Room
located at 555 West 6th Street,
San Bernardino, CA 92410
Measure "Z" Citizens
Oversight Committee
This nine (9) member oversight committee, is charged with reviewing
and reporting annually on the use of the proceeds from the quarter
cent general sales tax established by Measure “Z” beginning on April 1,
2007 for a 15 year period. The revenue generated from the Measure
“Z” sales tax are to be used to fund police officers along with anti-gang
and anti-crime operations, including drug resistance education and
supervised after-school youth activities.
Meets as needed Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Parks, Recreation and
Community Services
Commission
This is a nine (9) member commission, established by Resolution No.
2018-47, charged with advising the Mayor, City Council, and City staff
on community needs for the purpose of establishing City priorities,
goals and objectives with respect to parks, recreation and community
services, youth services, and senior services; and evaluating
community agencies and organizations receiving City funds for the
purpose of providing recreation services, youth and senior services.
Third Thursday of each month
at 4 p.m.
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
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EXHIBIT A
City of San Bernardino
Board, Commission and Citizen Advisory Committee
Meeting Dates, Times and Locations
Board/Commission/
Committee Summary Meeting Time Meeting Location
Personnel Commission Established under City Charter Section 604, this five (5) member board
is responsible solely for hearing appeals of disciplinary action filed by
City employees, subject to the provisions of adopted labor agreements.
Second and fourth Tuesday of each
month at 8:30 a.m. as required to
hear disciplinary appeals
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Planning Commission This nine (9) member Commission, established under Municipal Code
Chapter 2.22, 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.
Second Tuesday of each month
at 6 p.m.
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Public Safety and Human
Relations Commission
This nine (9) member commission, established by Resolution No. 2018-
46 is charged with studying and making recommendations to the
Mayor and City Council on matters concerning the City’s law
enforcement and fire services, emergency preparedness and traffic
safety (including traffic law enforcement and traffic engineering).
Second Monday of each month
at 6:00 p.m.
Council Chamber at 201 North
“E” Street, San Bernardino, CA
92401
Water Board Established under City Charter Section 603, this five (5) member board
is responsible for: the oversight and management of the City’s water
supply, recycled water, wastewater collection and treatment;
employing such persons as may be needed for the proper
administration of the City’s water and wastewater systems; setting and
collecting water and wastewater rates, fees and charges; allocating all
receipts and expenditures to separate, independent, water and sewer
funds in accordance with State law; providing for an annual,
independent audit of all water and wastewater accounts;
compensating members of the Water Board; collaborating with the
Mayor, City Council, and the City Manager on matters concerning the
City’s water and wastewater systems; and establishing and periodically
reviewing and revising such rules and regulations as may be
appropriate for managing the City’s water and wastewater systems.
Second and fourth Tuesday of each
month at 9:30 a.m.
Water Department Boardroom
located at 399 Chandler Place,
San Bernardino CA, 92408
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Packet Pg. 115 Attachment: CM.BCCAC.05.Meeting Dates, Times and Locations List EXHIBIT A (5760 : City of San
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Packet Pg. 116 Attachment: FN. CFD 2018-1 Ord 2nd Reading- Staff Report (5761 : Final Reading - Ordinance MC-1506 Authorizing the Levy of Special Taxes
City (tentative tract 17329) has requested that the City assist them in forming a CFD to
finance the costs of providing public safety services through the levy of a special tax.
On August 15, 2018, the City Council adopted a resolution of intention (the “Resolution
of Intention”) to establish Community Facilities District No. 2018-1 of the City of San
Bernardino (Safety Services) (the “Safety Services CFD”). The boundaries of the Safety
Services CFD will initially consist of the property owned by 17329, LLC with the balance
of the area within the City designated as being eligible for annexation into the Safety
Services CFD in the future.
On September 19, 2018, the Mayor and City Council conducted the required public
hearing and took the necessary actions, including a successful property owner election,
to form CFD 2018-1. Those actions included the introduction of Ordinance MC-1506,
authorizing the levy of special taxes within the boundaries of the CFD.
2018-19 Goals and Objectives
The formation of a community facilities district as described herein is consistent with
Goals No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City
and No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The creation
of the Safety Services CFD is a responsible financing mechanism that provides
resources on a long-term basis to fund a portion of the operating costs associated with
the new development within the community.
Conclusion
Accept for final reading and adopt Ordinance MC-1506 of the Mayor and City Council of
the City of San Bernardino, acting in its capacity as the legislative body of Community
Facilities District 2018-1 of the City of San Bernardino (Safety Services) authorizing the
levy of special taxes.
Attachments
Attachment 1 Ordinance Authorizing the Levy of Special Taxes
Ward: All
Synopsis of Previous Council Actions:
• Resolution of Intention to form CFD 2018-1 adopted on August 15, 2018
• Resolutions of formation of CFD 2018-1 and Introduction of Ordinance to levy special
taxes approved on September 19, 2018
9/28/2018 8:43 AM
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Packet Pg. 117 Attachment: FN. CFD 2018-1 Ord 2nd Reading- Staff Report (5761 : Final Reading - Ordinance MC-1506 Authorizing the Levy of Special Taxes
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ORDINANCE NO. MC-1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
WHEREAS, on August 15, 2018, the City Council (the “City Council”) of the City of San
Bernardino (the “City”) adopted Resolution No. 2018-239 declaring its intention to form Community
Facilities District No. 2018-1 of the City of San Bernardino (the “District”) pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of
Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, on September 19, 2018, after providing all notice required by the Act, the
City Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the designation of property that may be annexed to the District, and the
proposed levy of a special tax therein to finance certain public safety services described in
Resolution No. 2018-264; and
WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District, the designation of property that may be
annexed to the District, and the proposed levy of the special tax to finance the safety services
described in Resolution No. 2018-264 were heard and a full and fair hearing was held; and
WHEREAS, on September 19, 2018, the Board adopted Resolution No. 2018-264 which
formed the District, designated the property that may be annexed to the District, and called a
special election within the District on September 19, 2018 on two propositions relating to the
levy of a special tax within the District and the establishment of an appropriations limit within
the District; and
WHEREAS, on September 19, 2018, a special election was held within the District at
which the qualified electors approved by more than a two-thirds vote Propositions A and B
authorizing the levy of a special tax within the District for the purposes described in Resolution
No. 2018-264 and establishing an appropriations limit for the District; and
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Packet Pg. 118 Attachment: FN. CFD 2018-1 Ordinance MC1506- Authorizing the Levy of Special Taxes- Attachment 1 (5761 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. By the passage of this Ordinance, the Board authorizes and levies special
taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in
accordance with the rate and method of apportionment set forth in Attachment “D” to Resolution
No. 2018-264, which is incorporated by reference herein (the “Rate and Method”). The special
taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in
each fiscal year thereafter so long as the services authorized to be financed by the District, are
provided through such financing within the District.
SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their
written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and
directed each fiscal year to determine the specific special tax rates and amounts to be levied in
such fiscal year on each parcel of real property within the District, in the manner and as provided
in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method
shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the
special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and
directed to provide all necessary information to the Auditor-Controller/Treasurer/Tax Collector
of the County of San Bernardino and to otherwise take all actions necessary in order to effect
proper billing and collection of the special tax, so that the special tax shall be levied and
collected in sufficient amounts and at times necessary to satisfy the financial obligations of the
District in each fiscal year.
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Packet Pg. 119 Attachment: FN. CFD 2018-1 Ordinance MC1506- Authorizing the Levy of Special Taxes- Attachment 1 (5761 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
SECTION 4. Properties or entities of the state, federal or other local governments shall be
exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the
Act and Section D of the Rate and Method. No other properties or entities are exempt from the
special tax unless the properties or entities are expressly exempted in Resolution No. 2018-264, or in
a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method
of apportionment or an existing special tax as provided in Section 53334 of the Act.
SECTION 5. All of the collections of the special tax shall be used as provided for in the
Act, the Rate and Method and Resolution No. 2018-264.
SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same procedure, sale
and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures
include the exercise of all rights and remedies permitted by law to make corrections, including, but
not limited to, the issuance of amended or supplemental tax bills), as such procedure may be
modified by law or by this City Council from time to time.
SECTION 7. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest
to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its
passage at least once in The Sun, a newspaper of general circulation published and circulated in the
City of San Bernardino.
SECTION 8. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
SECTION 9. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino, and
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Packet Pg. 120 Attachment: FN. CFD 2018-1 Ordinance MC1506- Authorizing the Levy of Special Taxes- Attachment 1 (5761 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
to perform all other acts which are required by the Act, this Ordinance or by law in order to
accomplish the purpose of this Ordinance.
SECTION 10. A full reading of this Ordinance is dispensed with prior to its final passage, a
written or printed copy having been available to the City Council and the public a day prior to its
final passage.
SECTION 11. This Ordinance shall take effect thirty days after its final passage.
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Packet Pg. 121 Attachment: FN. CFD 2018-1 Ordinance MC1506- Authorizing the Levy of Special Taxes- Attachment 1 (5761 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1506
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN
BERNARDINO (SAFETY SERVICES) AUTHORIZING THE LEVY OF SPECIAL
TAXES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City
Council of the City of San Bernardino at a regular meeting thereof, held on the ___ day of
_______, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Ordinance is hereby approved this __ day of _________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: _________________________
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Packet Pg. 122 Attachment: FN. CFD 2018-1 Ordinance MC1506- Authorizing the Levy of Special Taxes- Attachment 1 (5761 : Final Reading - Ordinance MC-
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Packet Pg. 123 Attachment: FN. CFD 2018-2 Ord 2nd Reading- Staff Report (5770 : Final Reading - Ordinance MC-1507 Authorizing the Levy of Special Taxes
On September 19, 2018, the Mayor and City Council conducted the required public
hearing and took the necessary actions, including a successful property owner election,
to form CFD 2018-2. Those actions included the introduction of Ordinance MC-1507
authorizing the levy of special taxes within the boundaries of the CFD.
2018-19 Goals and Objectives
The formation of a community facilities district as described herein is consistent with
Goals No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City
and No. 6: Operate in a Fiscally Responsible and Business-Like Manner. Creation of
the CFD provides a responsible financing mechanism to fund the infrastructure
associated with new development within the community.
Conclusion
Accept for final reading and adopt Ordinance No. MC-1507 of the Mayor and City
Council of the City of San Bernardino, California, acting in its capacity as the legislative
body of Community Facilities District 2018-2 of the City of San Bernardino authorizing
the levy of special taxes.
Attachments
Attachment 1 Ordinance Authorizing the Levy of Special Taxes
Ward: 5
Synopsis of Previous Council Actions:
• Resolutions of intention adopted on August 15, 2018
• Resolutions of formation of CFD 2018-2 and introduction of Ordinance to
levy special taxes approved on September 19, 2018
9/28/2018 8:44 AM
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Packet Pg. 124 Attachment: FN. CFD 2018-2 Ord 2nd Reading- Staff Report (5770 : Final Reading - Ordinance MC-1507 Authorizing the Levy of Special Taxes
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ORDINANCE NO. MC-1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
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WHEREAS, on August 15, 2018, the City Council (the “City Council”) of the City of
San Bernardino (the “City”) adopted Resolution No. 2018-240 declaring its intention to form
Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) (the
“District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended,
comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (the “Act”), and its Resolution No. 2018-241 declaring its intention to incur bonded
indebtedness for the District; and
WHEREAS, on September 19, 2018, after providing all notice required by the Act, the
City Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the proposed levy of a special tax therein to finance certain public
facilities described in Resolution No. 2018-266 and to secure the payment of any bonded
indebtedness of the District, and the proposed issuance of up to $5,000,000 of bonded
indebtedness as described in Resolution No. 2018-267; and;
WHEREAS, at the September 19, 2018 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District and the proposed levy of the special tax
to finance the facilities described in Resolution No. 2018-266 and to secure the payment of up to
$5,000,000 of bonded indebtedness of the District as described in Resolution No. 2018-267 (the
“Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on September 19, 2018, the City Council adopted Resolution Nos. 2018-
266 and 2018-267 which formed the District and called a special election within the District on
September 19, 2018 on three propositions relating to the levy of a special tax within the District,
the issuance of the Bonds and the establishment of an appropriations limit within the District;
and
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Packet Pg. 125 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes- Attachment 1 (5770 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
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WHEREAS, on September 19, 2018, a special election was held within the District at
which the qualified electors approved by more than a two-thirds vote Propositions A, B and C
authorizing the levy of a special tax within the District for the purposes described in Resolution
No. 2018-266, the issuance of the Bonds as described in Resolution No. 2018-267 and
establishing an appropriations limit for the District; and
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies
special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and
in accordance with the rate and method of apportionment set forth in Attachment C to Resolution
No. 2018-240, which is incorporated by reference herein (the “Rate and Method”). The special
taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in
each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to
refund the Bonds), payment of all costs of the public facilities and services authorized to be
financed by the District, and payment of all costs of administering the District.
SECTION 3. Each of the Mayor, the City Manager, the Director of Finance, or their
written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and
directed each fiscal year to determine the specific special tax rates and amounts to be levied in
such fiscal year on each parcel of real property within the District, in the manner and as provided
in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method
shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the
special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and
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Packet Pg. 126 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes- Attachment 1 (5770 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
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directed to provide all necessary information to the Auditor-Controller/Treasurer/Tax Collector
of the County of San Bernardino and to otherwise take all actions necessary in order to effect
proper billing and collection of the special tax, so that the special tax shall be levied and
collected in sufficient amounts and at times necessary to satisfy the financial obligations of the
District in each fiscal year, and with respect to Special Tax, until the Bonds are paid in full, the
facilities have been paid for, and provision has been made for payment of all of the
administrative costs of the District.
SECTION 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of
the Act and Section F of the Rate and Method. No other properties or entities are exempt from
the special tax unless the properties or entities are expressly exempted in Resolution No. 2018-
266 or in a resolution of consideration to levy a new special tax or special taxes or to alter the
rate or method of apportionment or an existing special tax as provided in Section 53334 of the
Act.
SECTION 5. All of the collections of the special tax shall be used as provided for in the
Act, the Rate and Method and Resolution No. 2018-266.
SECTION 6. The special tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes
(which such procedures include the exercise of all rights and remedies permitted by law to make
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as
such procedure may be modified by law or by this City Council from time to time.
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Packet Pg. 127 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes- Attachment 1 (5770 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
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SECTION 7. As a cumulative remedy, if any amount levied as a special tax for payment
of the interest or principal of the Bonds (including any bonds issued to refund the Bonds),
together with any penalties and other charges accruing under this Ordinance, are not paid when
due, the City Council may, not later than four years after the due date of the last installment of
principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be
collected by an action brought in the superior court to foreclose the lien of such special tax, as
authorized by the Act.
SECTION 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall
attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days
after its passage at least once in The Sun, a newspaper of general circulation published and
circulated in the City of San Bernardino.
SECTION 9. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
SECTION 10. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Auditor-Controller/Treasurer/Tax Collector of the County of San Bernardino,
and to perform all other acts which are required by the Act, this Ordinance or by law in order to
accomplish the purpose of this Ordinance.
SECTION 11. A full reading of this Ordinance is dispensed with prior to its final
passage, a written or printed copy having been available to the City Council and the public a day
prior to its final passage.
SECTION 12. This Ordinance shall take effect thirty days after its final passage.
11.b
Packet Pg. 128 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes- Attachment 1 (5770 : Final Reading - Ordinance MC-
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ORDINANCE NO. MC-1507
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE LEVY OF SPECIAL TAXES
5
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City
Council of the City of San Bernardino at a regular meeting thereof, held on the ___ day of
_______, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Ordinance is hereby approved this __ day of _________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: _________________________
11.b
Packet Pg. 129 Attachment: FN.CFD 2018-2- Ordinance mc 1507 Authorizing the Levy of Special Taxes- Attachment 1 (5770 : Final Reading - Ordinance MC-
12.a
Packet Pg. 130 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (5763 : Final Reading - Ordinance No. MC-1504
9/28/2018 8:51 AM
On September 5, 2018, the Mayor and City Council conducted a public hearing to
establish compensation and benefits for City-elected officials and introduced for first
reading Ordinance No. MC-1504. The City Council voted to continue the matter to
September 19, 2018 to accommodate participation of two Councilmembers that were
absent during the September 5, 2018 meeting.
On September 19, 2018, the Mayor and City Council held a public hearing, introduced
Ordinance MC-1504, and conducted the first reading.
Discussion
The Commission reviewed comprehensive data compiled by staff, studied facts, figures
and comparisons. The goal was to develop appropriate salary and benefits
recommendations for City-elected officials, while remaining cognizant of the fiscal
impact to the City.
Regarding mayoral compensation, salary and benefits data were collected from the
following California charter cities with full-time mayors:
1. Chula Vista
2. Long Beach
3. National City
4. Oakland
5. Riverside
6. San Diego
7. San Jose
Although San Bernardino’s total mayoral compensation (salary + benefits) is below the
average of those seven cities ($118,306 vs. $149,887), Commissioners concluded that
the current mayoral compensation is reasonable, especially given that most of those
cities are much larger than San Bernardino. Accordingly, Commissioners generally
agreed that the current mayoral salary formula has worked reasonably well.
On July 23, 2018, the Elected Official Compensation Advisory Commission voted 8 -1 in
favor of the following recommendation for the Mayor’s salary, effective January 1, 2019:
o Establish Mayor’s salary at 50% of the salary of a Superior Court Judge in
County of San Bernardino, adjusted and implemented January 1 of each
subsequent year
o Employer benefit contribution tied to Management Employees
o Auto Allowance to continue at $725 per month
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Packet Pg. 131 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (5763 : Final Reading - Ordinance No. MC-1504
9/28/2018 8:51 AM
Recommended Mayor’s Salary and Benefits Effective January 1, 2019
Annual
Amount
Comments
Annual Salary $102,912
Fifty percent (50%) of the salary of a Superior
Court Judge in County of San Bernardino, subject
to annual adjustment to be implemented January
1 of each subsequent year
Employer Health
Benefits
Contribution
$14,340
Employer health benefits contribution equivalent
to that offered by the City to management
employees
Auto Allowance $8,700 Monthly auto allowance of $725 per month
TOTAL: $125,952 Compared to current total of $118,306
Regarding Council compensation, salary and benefits data were collected from twelve
(12) nearby cities with part-time Council:
1. Chino
2. Corona
3. Fontana
4. Moreno Valley
5. Ontario
6. Pomona
7. Rancho Cucamonga
8. Redlands
9. Rialto
10. Riverside
11. Victorville
12. West Covina
(Pomona, Riverside, and Victorville are charter cities, the remainder are general law
cities).
Average Council salary for the twelve (12) comparison cities is $14,951 compared to
San Bernardino’s annual Council salary of $600. The Commission concluded that City
Council salaries should be increased substantially.
Average Council benefits for the twelve (12) comparison cities are $19,500 compared to
$22,500 for San Bernardino Council. The major difference is that San Bernardino’s
monthly auto allowance is substantially higher than in all twelve (12) comparison cities.
The Commission presumed that the large difference in the auto allowance may have
emerged over the years to compensate to some degree for the fact that Council salary
has been fixed at $50 per month since 1955.
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Packet Pg. 132 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (5763 : Final Reading - Ordinance No. MC-1504
9/28/2018 8:51 AM
Average total Council compensation for the twelve (12) cities is $34,452 compared to
$23,100 for San Bernardino. The Commission concluded that the City Council total
compensation should be increased substantially to help ensure that qualified individuals
are not discouraged from seeking office.
On August 13, 2018, the Elected Official Compensation Advisory Commission voted 8-1
in favor of the following recommendation for City Council members’ salary effective
January 1, 2019:
Set each City Council member’s salary at $14,000 per year. Annual salary
does not adjust automatically on an annual basis.
Employer benefit contribution tied to Management Employees
Auto Allowance of $500 per month
Recommended City Council’s Salary and Benefits Effective January 1, 2019
Annual
Amount
Comments
Annual Salary $14,000
$14,000 per year aligns with the average of
salaries surveyed and equals approximately 1/7 of
the Mayor's salary
Employer Health
Benefits
Contribution
$14,340
Employer health benefits contribution equivalent to
that offered by the City to management employees
Auto Allowance
$6,000 Reduced amount from $725 per month to $500 per
month
TOTAL: $34,340
The recommended annual salary is 14,000, which is close to the average of the
surveyed comparison cities and equal approximately 1/7 of the Mayor’s salary. The
salary will not include automatic increases. The recommended salary for City Council
members will also impact CalPERS pension costs. The impact is approximately $10,000
annually and $5,000 for six (6) months.
The Elected Official Compensation Advisory Commission recommended compensation
and benefits for the Mayor and City Council in good faith. Furthermore, the commission
emphasized the importance of compensating elected leaders at levels suitable to attract
a diverse talent pool and to provide adequate compensation for this region while serving
the City.
2018-19 Goals and Objectives
The recommendation to establish salaries for City-elected officials aligns with Goal No.
5: Improve Government Operations.
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Packet Pg. 133 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (5763 : Final Reading - Ordinance No. MC-1504
9/28/2018 8:51 AM
Fiscal Impact
The total annual fiscal impact of the proposed changes is an increase to the Legislative
Department budget of $113,000. Only one-half of that amount, or $56,500, is required
for the balance of the FY 2018/19 budget due to the January 1, 2019 effective date of
the proposed changes. The salaries and pension cost accounts would be increased
while the auto allowance account would be decreased consistent with the changes
noted in the report for the Mayor and City Council members.
Conclusion
Accept for final reading and adopt Ordinance No. MC-1504, of the Mayor and City
Council of the City of San Bernardino, California, establishing compensation and
benefits for the City-elected officials.
Attachments
Attachment - Ordinance No. MC-1504
Ward:
On February 21, 2018, the Elected Official Compensation Advisory Commission was
established by Ordinance No. MC 1463. The first meeting was held on June 26, 2018.
On September 5, 2018, the Mayor and City Council conducted a public hearing to
establish compensation and benefits for City-Elected officials and introduced for first
reading Ordinance No. MC 1504. The City Council voted to continue the matter to
September 19, 2018 to accommodate participation of two Councilmembers that were
absent during the September 5, 2018 meeting.
On September 19, 2018, the Mayor and City Council held a public hearing, introduced
Ordinance No. MC 1504, and conducted the first reading; and adopted Resolution No.
2018-279 amending the adopted budget.
12.a
Packet Pg. 134 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Staff Report (5763 : Final Reading - Ordinance No. MC-1504
ORDINANCE NO. MC 1504
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING COMPENSATION AND BENEFITS
FOR THE CITY-ELECTED OFFICIALS
WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of
San Bernardino, as a charter city, to provide for the compensation of the Mayor and City
Council; and
WHEREAS, Mayor and City Council salaries are currently established by Section 24 of
the former City Charter; and
WHEREAS, Section 305 of the new City Charter adopted by voters on November 8,
2016 and Municipal Code Chapter 2.19 require that compensation for elected officials be
adopted by ordinance, after public hearing, and considering the recommendations of an advisory
commission; and
WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory
Commission (the “Commission”) was established by Ordinance No. MC-1463; and
WHEREAS, since its establishment, the Commission has met on five occasions to
discuss the setting of compensation and benefits for the Mayor and City Council; and
WHEREAS, at its July 23, 2018 meeting, after a comprehensive review of data compiled
by City staff, the Commission recommended the City Council set the Mayor’s annual salary at its
current level of 50% of the salary of a Superior Court Judge in County of San Bernardino and
provide for an employer health benefits contribution equivalent to that made available to
management employees along with a monthly auto allowance of $725; and
WHEREAS, at its August 13, 2018 meeting, the Commission recommended the City
Council set each City Council member’s annual salary at $14,000 and provide for an employer
health benefits contribution equivalent to that made available to management employees along
with a monthly auto allowance of $500; and
WHEREAS, in making these recommendations, the Commission emphasized the
importance of compensating elected leaders at levels suitable to attract a diverse talent pool and
to provide adequate compensation for this region while serving the City.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
12.b
Packet Pg. 135 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5763 : Final Reading - Ordinance
Ordinance No. MC 1504
2
SECTION 2. Chapter 2.82 is hereby added to the City of San Bernardino Municipal
Code to read, in its entirety, as follows:
“ Chapter 2.82
Mayor and City Council Compensation
Sections:
2.82.010 Compensation of Mayor
2.82.020 Compensation of City Council Members
2.82.010 Compensation of Mayor
Commencing January 1, 2019, the Mayor shall receive the following compensation:
A. Annual salary of fifty percent (50%) of the salary of a Superior Court Judge in County of
San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent
year;
B. Employer health benefits contribution equivalent to that offered by the City to
management employees; and
C. An auto allowance of $725 per month.
The compensation set forth herein shall be paid without regard to the number of City Council
meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own
compensation. The compensation set forth herein is exclusive of any amounts payable to the
Mayor as per day compensation for City business-related travel and further exclusive of any
amounts payable to the Mayor for out of town attendance on City-related business.
2.82.020 Compensation of City Council Members
Commencing January 1, 2019, each City Council member shall receive the following
compensation:
A. Annual salary of $14,000;
B. Employer health benefits contribution equivalent to that offered by the City to
management employees; and
C. An auto allowance of $500 per month.
The compensation set forth herein shall be paid without regard to the number of City Council
meetings attended by the applicable City Council member. Any City Council member may
waive all or any portion of her or his own compensation. The compensation set forth herein is
exclusive of any amounts payable to a City Council member as per day compensation for City
12.b
Packet Pg. 136 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5763 : Final Reading - Ordinance
Ordinance No. MC 1504
3
business-related travel and further exclusive of any amounts payable to a City Council member
for out of town attendance on City-related business.”
SECTION 3. The City Council finds this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378(b)(4),
which provides that the creation of government funding mechanisms or other government fiscal
activities which do not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment are not CEQA projects. Here, this
Ordinance provides funding to the Mayor and City Council Members and does not involve any
commitment to any specific project that may result in a potentially significant impact on the
environment. Moreover, this Ordinance is exempt from the requirements of 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 Ordinance 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 ordinance are declared to be severable.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption. Notwithstanding the foregoing, in compliance with Section 305 of
the City Charter, the salaries and benefits established herein shall become effective on January 1,
2019.
SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the Town in a manner permitted under section 36933
of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
12.b
Packet Pg. 137 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5763 : Final Reading - Ordinance
Ordinance No. MC 1504
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. _____, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the ____ day of _______, 2018. Ordinance No. _____ was approved,
passed and adopted at a regular meeting held the ___ day of _______, 2018 by the following
vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
12.b
Packet Pg. 138 Attachment: HR.Establish Compensation and Benefits for City-Elected Officials - Attachment 1 - Ordinance (5763 : Final Reading - Ordinance
13.a
Packet Pg. 139 Attachment: CD.DCA16-07.Weir Final Reading.Report (5764 : Final Reading – Ordinance MC-1505 – Development Code Amendment/Zoning Map
9/28/2018 8:53 AM
approved by Omnitrans and City Staff will be included on the off -site permits for the
proposed project.
2018-2019 Goals and Objectives
The proposed Wier Road Villa Community project aligns with Goal No. 4: Ensure
Development of a Well-Planned, Balanced, and Sustainable City as the proposed
eighty-four (84) unit apartment complex will help the City meet its State mandated
housing requirements, will be consistent with the surrounding multi -family residential
uses, and will benefit the commercial uses in the area by increasing the number of
potential patrons to those existing commercial uses and services.
Conclusion
Accept for final reading and adopt Ordinance No. MC-1505 approving Development
Code Amendment Zoning Map Amendment 16-07 to change the Zoning District
Classification from Commercial General (CG-1) to Residential Medium High (RMH) on
four (4) parcels (APN: 0141-352-10, 11, 12 and 13) containing a total of approximately
2.25 acres (Attachment 1).
Attachments
Attachment 1 Ordinance No. MC 1505 (Approving Development Code
Amendment/Zoning Map Amendment 16-07)
Attachment 2 Map
Ward: 3rd
Synopsis of Previous Council Actions: None
13.a
Packet Pg. 140 Attachment: CD.DCA16-07.Weir Final Reading.Report (5764 : Final Reading – Ordinance MC-1505 – Development Code Amendment/Zoning Map
Ordinance No. MC-1505
ORDINANCE NO. MC-1505
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 16-07 TO CHANGE THE
ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL
MEDIUM HIGH (RMH) ON FOUR (4) PARCELS (APNS:
0141-352-10, 11, 12 AND 13) CONTAINING A TOTAL OF
APPROXIMATELY 2.25 ACRES, PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.
WHEREAS, together, General Plan Amendment 16-06, Development Code Amendment
(Zoning Map Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01
constitute the Weir Road Villa Community Project (“Project”); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Pub.
Resources Code, § 21000 et seq.), section 21067, and State CEQA Guidelines (Cal. Code Regs.,
§ 15000 et seq.), section 15367, the City of San Bernardino is the lead agency for the Project;
and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines section
15073, preparation of a mitigated negative declaration was the appropriate environmental review
procedure under CEQA, because all potential significant impacts of the Project can be mitigated
to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, the Mayor and City Council, having independently reviewed and
considered the MND and MMRP, and the entire record related thereto, have certified that the
MND has been completed in compliance with the requirements of CEQA, and that, with the
incorporation of identified mitigation measures, there is no substantial evidence supporting a fair
argument that approval of the Project will result in a significant effect on the environment; and
WHEREAS, on July 24, 2018, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution 2018-040 recommending the adoption of the Mitigated Negative Declaration, and the
approval of General Plan Amendment 16-06, Development Code Amendment (Zoning Map
Amendment) 16-07, Development Permit Type-P 16-06 and Variance 18-01 to the Mayor and
City Council; and
WHEREAS, notice of the public hearing for the Mayor and City Council's consideration
of the proposed Ordinance was published in The Sun newspaper on August 31, 2018; and
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council and no additional information submitted to the City Council, has produced substantial
1
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Packet Pg. 141 Attachment: CD.DCA16-07.Weir Road Villa Community.A2.Ordinance MC-1505 (5764 : Final Reading – Ordinance MC-1505 – Development Code
Ordinance No. MC-1505
new information requiring substantial revisions that would trigger additional environmental
review under CEQA.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map
Amendment) 16-07
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: The proposed amendment will replace the existing Zoning District
Classification of four (4) parcels associated with the project from
Commercial General (CG-1) to Residential Medium High (RMH). The
Residential Medium High (RMH) Zone is intended for multi-family
residential uses with a maximum density of 24 units per net acre.
General Plan Circulation Element Goal 6.6.10: Consider the provision of
incentives, such as reduced parking standards and density/intensity
bonuses to those projects near transit stops that include transit-friendly
uses such as child care, convenience retail, and housing.
The new Residential Medium High (RMH) Zone along with the density
bonus for amenities and proximity to alternate transportation options will
provide for the accommodation of the development of an eighty-four (84)
unit apartment complex containing approximately 23,272 square feet on a
site containing approximately 2.81 acres.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact: Any potential impacts created by the proposed amendment have been
addressed in the Initial Study and appropriate mitigation measures have
been identified by the Mitigated Negative Declaration/Mitigation
Monitoring and Reporting Program and will not be detrimental to the
public interest, health, safety, convenience, or welfare of the City.
SECTION 4. Development Code Amendment (Zoning Map Amendment) 16-07 to
change the Zoning District Classification from Commercial General (CG-1) to Residential
2
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Packet Pg. 142 Attachment: CD.DCA16-07.Weir Road Villa Community.A2.Ordinance MC-1505 (5764 : Final Reading – Ordinance MC-1505 – Development Code
Ordinance No. MC-1505
Medium High (RMH) of four (4) parcels (APNs: 0141-352-10, 11, 12, and 13), attached hereto
and incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5. Notice of Determination: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City’s compliance with the California Environmental Quality Act in approving the
Project.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Attest:
__________________________________
Georgeann Hanna, CMC, City Clerk
Approved as to form:
__________________________________
Gary D. Saenz, City Attorney
3
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Packet Pg. 143 Attachment: CD.DCA16-07.Weir Road Villa Community.A2.Ordinance MC-1505 (5764 : Final Reading – Ordinance MC-1505 – Development Code
Ordinance No. MC-1505
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. _____, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the ____ day of _______, 2018. Ordinance No. _____ was approved,
passed and adopted at a regular meeting held the ___ day of _______, 2018 by the following
vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2018.
______________________________
Georgeann Hanna, CMC, City Clerk
4
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Packet Pg. 144 Attachment: CD.DCA16-07.Weir Road Villa Community.A2.Ordinance MC-1505 (5764 : Final Reading – Ordinance MC-1505 – Development Code
Ordinance No. MC-1505
EXHIBIT A
DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)
5
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Packet Pg. 145 Attachment: CD.DCA16-07.Weir Road Villa Community.A2.Ordinance MC-1505 (5764 : Final Reading – Ordinance MC-1505 – Development Code
EXHIBIT “A”
PROJECT: DCA/ZCA 16-07
Change the Zoning District Classification from Commercial
General (CG-1) to Residential Medium High (RMH) for 2.25 acres
NORTH
Project Site
13.c
Packet Pg. 146 Attachment: CD.DCA16-07.Wier Road Villa Community.A1.Ordinance.Exhibit A (5764 : Final Reading – Ordinance MC-1505 – Development Code
14.a
Packet Pg. 147 Attachment: CM.PACE Program.SR (5765 : Authorizing CMFA Joint Powers Authority as a City of San Bernardino Provider Under the Property)
9/28/2018 8:57 AM
business within the City of San Bernardino. Participation is voluntary and only those
property owners who enter into financing agreements would be assessed on their
property tax bills in order to repay debt associated with the PACE financing. The JPA’s
and their contracted provider(s) approved by the Mayor and City Council include:
California Statewide Communities Development Authority (CSCDA) is a statewide JPA
formed by the California State Association of Counties (CSAC) and the Leag ue of
California Cities (LCC). CSCDA operates an Open PACE model established pursuant to
AB811 and AB474 with five different program providers. The program administrators
operating under the CSCDA Open PACE Program include:
Renewable Funding LLC / CaliforniaFIRST - provides financing for residential
and commercial property owners.
Alliance NRG - provides financing for energy efficiency and renewable energy
products for both residential and commercial property owners.
PACE Funding- provides energy efficiency, water conservation and renewable
energy financing for residential customers.
Spruce Finance, Inc. - provides financing for residential solar systems, water
conservation and energy efficiency upgrades.
CleanFund Commercial PACE Capital - provides financing and is direct lender
focused exclusively on the commercial property sector.
California Enterprise Development Authority (CEDA) is a JPA established by the
California Association of Local Economic Developers (CALED) and operates a PACE
Program, which is administered by Figtree, using the AB 811 and AB 474 models.
Figtree PACE- administered by Figtree Energy Financing and is only available to
commercial, industrial and multifamily property owners.
Golden State Finance Authority (GSFA), previously named California Home Finance
Authority (CHFA), is a statewide JPA formed in 1993 that operates a PACE Program
administered by Ygrene using both SB 555 (Mello-Roos CFD) and AB 811 (Assessment
District).
Ygrene Energy Fund, LLC- serves as the program administrator and offers
financing for single family residential, multifamily and commercial property
owners to generate renewable energy or reduce their energy and water use.
Discussion
On August 1, 2018, the Mayor and City Council provided direction to staff concerning
the request to add CMFA Joint Powers Authority as a provider under the City of San
Bernardino’s PACE Program. As such, the City Manager’s Office has been working
with Jeff Simonetti, Capital Core to draft the documents to effectuate the new program.
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The CMFA is a Joint Powers Authority formed to assist local governments, non -profit
organizations and businesses by promoting economic, cultural and community
development, with the financing of economic development and charitable activities
throughout California. To date, over 300 municipalities, including the City of San
Bernardino, have become members of the CMFA.
As part of its economic and community development, the CMFA along with its current
Program Administrators, Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC;
OnPACE Energy Solutions, LLC; PACE Equity, LLC; Samas Capital LLC; Structured
Finance Associates, LLC; and Twain Community Partners II LLC; are offering PACE
financing for residential and commercial property owners in its member territories. The
CMFA is expected to issue limited obligation bonds, notes or other fo rms of
indebtedness to fund the projects.
PACE is an innovative way to finance energy efficiency, water efficiency, and renewable
energy upgrades for residential and commercial buildings. Property owners who
participate in the program repay the loans thro ugh a voluntary contractual assessment
collected together with their property taxes. One of the most notable characteristics of
PACE programs is that the loan is attached to the property rather than belonging to an
individual. Therefore, when the owner sells the property, the loan may be paid off during
the sale or stay with the property and be paid off by the new owner, who also benefits
from the upgrades that were completed.
PACE financing enables individuals and businesses to defer the upfront costs of energy
efficiency, water efficiency and renewable energy improvements. PACE loans are paid
over a long period of time while energy costs are simultaneously lower, which typically
provides the property owner with net savings. PACE overcomes challenges that have
hindered adoption of energy efficiency and renewable energy measures for many
property owners.
ANALYSIS OF THE PACE PROGRAM:
Staff has determined that participation in this program is a cost effective means of
offering property owners the opportunity to make energy and water efficiency retrofits to
their property and create new local jobs. Property owners will repay the financing as a
charge on their property tax bill over a period of years.
The benefits to the property owner include:
• Competition: CMFA Open PACE currently provides multiple PACE administrator
options to property owners. Property owners can shop for the best price and
service through the availability of the PACE administrators.
• Eligibility: In today’s economic environment, alternatives for property owners to
finance renewable energy, energy efficiency, and water conservation
improvements may not be available. Therefore, many property owners do not
have options available to them to lower their utility bills.
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• Savings: Renewable energy, energy efficiency, and water conservation
improvements help lower utility bills.
• Payment obligation is tied to the property: The debt should not need to be repaid
when the property is sold or transferred. The new owner assumes the o bligation to
repay the remaining balance with the property taxes.
• 100% Voluntary: Property owners choose to participate in the program at their
own discretion.
• Repayment obligation matched to the useful life of the financed improvements:
The length of the financing is based on the expected useful life of the
improvements. Depending on the lender and the improvements, the term can
range from five (5) years to thirty-nine (39) years.
• Prepayment options: Property owners can pay off the assessments at any time
without penalty.
• Improved quality of life: Residents benefit from improvements, such as more
effective cooling provided by new air conditioning units and less outside noise
when new double-paned windows are installed.
The benefits to the City include:
• Prequalified PACE Administrators: The CMFA’s Board has pre-qualified the
PACE administrators based on their business practices, qualifications,
experience and capital commitment to the PACE market.
• Single Resolution: The City can pass a single resolution and provide access to
residential and commercial property owners to highly qualified PACE
administrators. There is no need to pass multiple resolutions to approve the
administrators.
• No City Obligation: The City is not obligated to repay the bonds issued by CMFA
or to pay the assessments levied on the participating properties. The City will not
incur any cost or involvement, and there are no administrative responsibilities,
marketing obligations, or f inancial exposures to the City.
• No City staff support required: The CMFA and its Program Administrators handle
all assessment administration, bond issuance and bond administration functions.
• CMFA Give Back: The CMFA shares 50% of its issuance fees with its JPA
member where the project is located. 25% to the City/County general fund and
25% to a local charity.
• Increase in local jobs: Property improvements provide local job
opportunities.
• Increased City Revenue: Property improvements result in an increase in sales
and property tax revenue to the City.
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The proposed Resolution authorizes the CMFA to accept applications from owners of
property within the City for municipal financing of authorized improvements through the
CMFA Program. It also authorizes the CMFA to conduct assessment proceedings and
levy assessments against the property of participating owners within the incorporated
territory of the City.
Fiscal Impact
There is no negative fiscal impact to the City’s general fund incurred by consenting to
the inclusion of properties within the City limits in the PACE Programs.
The Board of Directors of the California Foundation for Stronger Communities, a
California non-profit public benefit corporation (the “Foundation”), acts as the Board o f
Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a
portion of the issuance fees it receives with its member communities and donates a
portion of these issuance fees to the Foundation for the support of local charities. W ith
respect to the City, it is expected that a portion of the issuance fee will be granted by the
CMFA to the general fund of the City. Such grant may be used for any lawful purpose
of the City. A similar amount will be donated by the CMFA to a non -profit organization
in the City.
Conclusion
Staff recommends that the Mayor and City Council adopt Resolution No. 2018-277
consenting to the inclusion of properties within the territory of the City in California
Municipal Finance Authority (CMFA) Open PACE Programs; Authorizing CMFA to
accept application from property owners, conduct contractual assessment proceedings
and levy contractual assessments within the territory of the City and authorizing related
actions.
Attachment
Attachment 1 - Resolution; Exhibits A1 through A7- Indemnification Agreements
Ward: All
Synopsis of Previous Council Actions:
In 1994 by Resolution 94-131 the City joined the CSCDA JPA.
On February 2013, the Mayor and City Council approved executing an MOU with SANBAG to offer the HERO Program in the
City.
On January 23, 2017, the Mayor and City Council approved a Resolution authorizing membership in the California Enterprise
Development Authority (CEDA), authorizing Figtree Pace Program and CEDA to offer Pace Programing within the City.
On April 3, 2017, the Mayor and City Council approved a Resolutions authorizing membership in the Golden State Finance
Authority (GSFA), authorizing Ygrene Energy Fund, LLC. to offer Pace Programing within the City.
On April 3, 2017, the Mayor and City Council approved a Resolution authorizing the City to participate in CSCDA’s Open PACE
Program, authorizing five different programs to operate within City boundaries: Renewable Funding LLC, Alliance NRG, PACE
Funding, Spruce Finance, Inc., and CleanFund Commercial Pace Capitol.
On August 1, 2018 the Mayor and City Council considered a request from CMFA Joint Powers Authority be added to the list of
City providers under the PACE Program and authorized staff to prepare the necessary documents to accommodate this
request.
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RESOLUTION NO. 2018-277
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY (CMFA) OPEN PACE PROGRAMS,
AUTHORIZING CMFA TO ACCEPT APPLICATIONS FROM PROPERTY
OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Municipal Finance Authority includes numerous cities
and counties in the State of California, including the City of San Bernardino (the “City”); and,
WHEREAS, the Authority has implemented Property Assessed Clean Energy
(“PACE”) programs, which it has designated CMFA Open PACE, consisting of programs
each administered by a separate program administrator (collectively with any successors,
assigns, replacements or additions, the “Programs”), to allow the financing or refinancing of
renewable energy, energy efficiency, water efficiency and seismic strengthening
improvements, electric vehicle charging infrastructure and such other improvements,
infrastructure or other work as may be authorized by law from time to time (collectively, the
“Improvements”) through the levy of contractual property tax assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code (“Chapter 29”) within counties and
cities throughout the State of California that consent to the inclusion of properties within their
respective territories in the Programs and the issuance of bonds from time to time; and,
WHEREAS, the program administrators currently active in administering Programs
are Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE Energy
Solutions, LLC; PACE Equity, LLC; Samas Capital LLC; Structured Finance Associates,
LLC; and Twain Community Partners II LLC; and the Authority will notify the City in
advance of any additions or changes; and,
WHEREAS, the Authority will notify the City in advance of any additions or changes
to the Programs; and,
WHEREAS, Chapter 29 of Division 7 of the Streets & Highways Code provides that
assessments may be levied under its provisions only with the free and willing consent of the
owner or owners of each lot or parcel on which an assessment is levied at the time the
assessment is levied; and,
WHEREAS, the City desires to allow owners of property (“Participating Property
Owners”) within its territory to participate in the PACE Programs and to allow the Authority
to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to
finance or refinance Improvements; and,
WHEREAS, the territory within which assessments may be levied for the PACE
Programs shall include all of the territory within the City’s official boundaries; and,
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WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29
for the Programs and issue any bonds issued in connection with the Programs; and,
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of any
bonds issued in connection with the Programs.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and City Council hereby find and declare that properties in
the territory of the City will benefit from the availability of additional PACE Programs within
the territory of the City and, pursuant thereto, the conduct of special assessment proceedings
by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance
Improvements.
SECTION 2. In connection with the Programs, the City hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the territory of the City and the issuance of bonds to finance or refinance
Improvements, provided that:
(1) The Participating Property Owners, who shall be the legal owners of such property,
execute a contract pursuant to Chapter 29 and comply with other applicable provisions
of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment proceedings; the
levy of assessments; any required remedial action in the case of delinquencies in such
assessment payments; or the issuance, sale or administration of any bonds issued in
connection with the Program; and
(3) The administering Programs have executed indemnification agreements in favor of the
City, the terms of which are at least as favorable to the City as those set forth in
Exhibit "A1 through A7", Indemnification Agreements hereto. If the City Attorney
approves the forms of an indemnification agreement pursuant to this resolution, and if
such agreement is executed by the Program, then the City Manager is authorized on
behalf of the City to, and shall, execute such agreements.
SECTION 3. The City Manager or designee is hereby authorized and directed to make
applications for the Programs available to all property owners who wish to finance or
refinance Improvements; provided, that the Authority shall be responsible for providing such
applications and related materials at its own expense. The City Manager or designee is hereby
designated as the contact persons for the Authority in connection with the Programs.
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SECTION 4. The City Manager is hereby authorized and directed to execute and deliver
such certificates, requisitions, agreements and related documents as are reasonably required
by the Authority to implement the Programs.
SECTION 5. The Mayor and City Council hereby finds that adoption of this Resolution is
not a “project” under the California Environmental Quality Act, because the Resolution does
not involve any commitment to a specific project which may result in a potentially significant
physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378(b)(4).
SECTION 6. The City may withdraw from the Programs or any Program upon six (6)
months written notice to the Authority. The City may withdraw its consent and approval for
the conduct of special assessment proceedings by any specific program administrator under a
Program within the jurisdictional limits of the City upon thirty (30) days written notice to the
Authority without (a) liability to the Authority or any affiliated entity, and (b) withdrawing its
consent and approval for the conduct of special assessment proceedings by any other program
administrators under the other Programs. The City’s withdrawal from any Program shall not
affect the validity of any voluntary assessment contract entered into prior to the date of such
withdrawal or entered into after the date of such withdrawal so long as the application for
such voluntary assessment contract was submitted to and approved by the Authority prior to
the date of the City’s notice of withdrawal.
SECTION 7. This Resolution shall take effect immediately upon its adoption. The City
Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the
Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY (CMFA) OPEN PACE PROGRAMS,
AUTHORIZING CMFA TO ACCEPT APPLICATIONS FROM PROPERTY
OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY, AND AUTHORIZING RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a ______________________________
meeting thereof, held on the _____ day of ________________, 2018, by the following vote,
to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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Exhibit A-1
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
BLUEFLAME PACE SERVICES LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
BlueFlame PACE Services LLC, a Delaware LLC formed under the laws of the State of
Delaware (the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR may
be referred to as a “PARTY” and collectively CITY and ADMINISTRATOR may be
referred to as the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
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WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
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(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
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6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager BlueFlame PACE Services LLC
300 North “D” Street, 6th Floor 6814 Embarcadero Ln,
San Bernardino, CA 92418 Carlsbad, CA 92011
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
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11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
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16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
Page 6 of 7
14.c
Packet Pg. 161 Attachment: CM.PACE.CMFA Indemnification Agreement - BlueFlame.Exhibit A1 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-1
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND BlueFlame PACE Services LLC
Page 7 of 7
14.c
Packet Pg. 162 Attachment: CM.PACE.CMFA Indemnification Agreement - BlueFlame.Exhibit A1 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-2
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ENERGY EFFICIENT EQUITY, INC.
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
Energy Efficient Equity, Inc., a Delaware Corporation formed under the laws of the State
of Delaware (the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR
may be referred to as a “PARTY” and collectively CITY and ADMINISTRATOR may
be referred to as the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 1 of 7
14.d
Packet Pg. 163 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 2 of 7
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Packet Pg. 164 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 3 of 7
14.d
Packet Pg. 165 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager Energy Efficient Equity, Inc.
300 North “D” Street, 6th Floor 12100 Wilshire Blvd.
San Bernardino, CA 92418 Suite 800
Los Angeles, CA 90025
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 4 of 7
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Packet Pg. 166 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 5 of 7
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Packet Pg. 167 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 6 of 7
14.d
Packet Pg. 168 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-2
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ENERGY EFFICIENT EQUITY, INC.
Page 7 of 7
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Packet Pg. 169 Attachment: CM.PACE.CMFA Indemnification Agreement - E3.Exhibit A2 (5765 : Authorizing CMFA Joint Powers Authority as a City of San
Exhibit A-3
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ONPACE ENERGY SOLLUTIONS, LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
OnPACE Energy Solutions, LLC, a Delaware LLC formed under the laws of the State of
Delaware (the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR may
be referred to as a “PARTY” and collectively CITY and ADMINISTRATOR may be
referred to as the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 1 of 7
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Packet Pg. 170 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 2 of 7
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Packet Pg. 171 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 3 of 7
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Packet Pg. 172 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager OnPACE Energy Solutions, LLC
300 North “D” Street, 6th Floor P.O. Box 230850
San Bernardino, CA 92418 Encinitas, CA 92023
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 4 of 7
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Packet Pg. 173 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 5 of 7
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Packet Pg. 174 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 6 of 7
14.e
Packet Pg. 175 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-3
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND ONPACE ENERGY SOLUTIONS, LLC
Page 7 of 7
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Packet Pg. 176 Attachment: CM.PACE.CMFA Indemnification Agreement - OnPACE.Exhibit A3 (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-4
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
PACE EQUITY, LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
PACE Equity, LLC, a Wisconsin LLC formed under the laws of the State of Wisconsin
(the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR may be referred
to as a “PARTY” and collectively CITY and ADMINISTRATOR may be referred to as
the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 1 of 7
14.f
Packet Pg. 177 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 2 of 7
14.f
Packet Pg. 178 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 3 of 7
14.f
Packet Pg. 179 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager PACE Equity, LLC
300 North “D” Street, 6th Floor 731 North Jackson Street
San Bernardino, CA 92418 Suite 420
Milwaukee, WI 53202
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 4 of 7
14.f
Packet Pg. 180 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 5 of 7
14.f
Packet Pg. 181 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 6 of 7
14.f
Packet Pg. 182 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-4
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND PACE EQUITY, LLC
Page 7 of 7
14.f
Packet Pg. 183 Attachment: CM.PACE.CMFA Indemnification Agreement - PACE Equity.Exhibit A4docx (5765 : Authorizing CMFA Joint Powers Authority as a
Exhibit A-5
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
SAMAS CAPITAL, LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
Samas Capital LLC, a CA LLC formed under the laws of the State of CA (the
“ADMINISTRATOR”) (individually CITY or ADMINISTRATOR may be referred to as
a “PARTY” and collectively CITY and ADMINISTRATOR may be referred to as the
“PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 1 of 7
14.g
Packet Pg. 184 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 2 of 7
14.g
Packet Pg. 185 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 3 of 7
14.g
Packet Pg. 186 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager Samas Capital LLC
300 North “D” Street, 6th Floor 32 Executive Park
San Bernardino, CA 92418 Suite 105
Irvine, CA 92614
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 4 of 7
14.g
Packet Pg. 187 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 5 of 7
14.g
Packet Pg. 188 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 6 of 7
14.g
Packet Pg. 189 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-5
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND SAMAS CAPITAL LLC
Page 7 of 7
14.g
Packet Pg. 190 Attachment: CM.PACE.CMFA Indemnification Agreement - Samas Capital.Exhibit A5 (5765 : Authorizing CMFA Joint Powers Authority as a City
Exhibit A-6
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
STRUCTURED FINANCE ASSOCIATES, LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
Structured Finance Associates, LLC, a California LLC formed under the laws of the State
of California (the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR
may be referred to as a “PARTY” and collectively CITY and ADMINISTRATOR may
be referred to as the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
Page 1 of 7
14.h
Packet Pg. 191 Attachment: CM.PACE.CMFA Indemnification Agreement - Structured Finance.Exhibit A-6docx (5765 : Authorizing CMFA Joint Powers
Exhibit A-6
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Exhibit A-6
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Packet Pg. 193 Attachment: CM.PACE.CMFA Indemnification Agreement - Structured Finance.Exhibit A-6docx (5765 : Authorizing CMFA Joint Powers
Exhibit A-6
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager Structured Finance Associates, LLC
300 North “D” Street, 6th Floor 1605 San Pablo Drive
San Bernardino, CA 92418 San Marcos, CA 92078
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Packet Pg. 194 Attachment: CM.PACE.CMFA Indemnification Agreement - Structured Finance.Exhibit A-6docx (5765 : Authorizing CMFA Joint Powers
Exhibit A-6
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Packet Pg. 195 Attachment: CM.PACE.CMFA Indemnification Agreement - Structured Finance.Exhibit A-6docx (5765 : Authorizing CMFA Joint Powers
Exhibit A-6
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Exhibit A-6
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND STRUCTURED FINANCE ASSOCIATES,
LLC
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Exhibit A-7
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
TWAIN COMMUNITY PARTNERS II LLC
This Indemnification Agreement (the “Agreement”) is entered into this 3rd day of September,
2018, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. “D” Street, San Bernardino, California (the
“CITY”);
AND,
Twain Community Partners II LLC, a Missouri LLC formed under the laws of the State
of Missouri (the “ADMINISTRATOR”) (individually CITY or ADMINISTRATOR may
be referred to as a “PARTY” and collectively CITY and ADMINISTRATOR may be
referred to as the “PARTIES”).
WHEREAS, the California Municipal Finance Authority (“Authority”) is a joint exercise
of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the “Act”) and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the “Authority JPA”);
and
WHEREAS, the Authority has established a property-assessed clean energy (“PACE”)
Program (“Authority PACE Program”) to provide for the financing of renewable energy
generation, energy and water efficiency improvements, electric vehicle charging infrastructure,
and seismic retrofit projects (the “Improvements”) pursuant to Chapter 29 of Division 7 of the
California Streets and Highways Code (“Chapter 29”), within counties and cities throughout the
State of California that elect to participate in the Authority PACE Program; and
WHEREAS, the Mayor and City Council, by resolution, have consented to the inclusion
in the Authority PACE Program of all of the properties in the jurisdictional boundaries of the
City, and has authorized the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 on any property within the territory of the City and to the issuance of
bonds to finance or refinance Improvements in accordance with applicable laws, rules and
regulations, subject to conditions that (1) the legal owners of participating properties execute a
contract pursuant to Chapter 29 and comply with other applicable provisions of California law in
order to accomplish the valid levy of assessments and (2) the City will not be responsible for the
conduct of any assessment proceedings, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance sale, guarantee or administration of any bonds
issued in connection with the Authority PACE Program; and
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 198 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
WHEREAS, the Authority and the Administrator have entered into an [Agreement for
Services], dated [Date], in which the Administrator agreed to serve as an administrator for the
Authority PACE Program on behalf of the Authority; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the Administrator’s administration of the Authority PACE Program in the City
of San Bernardino.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. INCORPORATION OF RECITALS.
The recitals set forth above are, by this reference, incorporated into and deemed a part of this
Agreement.
2. INDEMNIFICATION.
The ADMINISTRATOR agrees to defend, indemnify, and hold harmless the City, its officers,
elected and appointed officials, employees, agents, and volunteers (each, an “Indemnified
Party”) from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and actual, direct, documented and reasonable out-of pocket defense costs
and expenses (including, without limitation, amounts paid in compromise or settlement and
reasonable outside legal fees arising from litigation of every nature or liability of any kind or
nature including civil, criminal, administrative or investigative) arising out of or in connection
with the administration of the Authority PACE Program, except as to such loss or damage which
was caused by the sole negligence or willful misconduct of an Indemnified Party.
ADMINISTRATOR hereby waives any and all rights to any types of express or implied
indemnity against any of the Indemnified Parties arising out of the above referenced conduct.
The policy limits of any insurance of the ADMINISTRATOR, its affiliates or other parties are
not a limitation upon the obligation of the ADMINISTRATOR, including without limitation, the
amount of indemnification to be provided by the ADMINISTRATOR. The provisions of this
section shall survive the termination of this Agreement.
3. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. ADMINISTRATOR shall obtain and
maintain during the life of this Agreement all of the following insurance
coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, personal injury with a policy limit of not less than One
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 199 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(c) Worker’s compensation insurance as required by the State of California.
3.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City.”
(b) Notice: “Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance provided
by this policy.”
3.3 Certificates of Insurance. ADMINISTRATOR shall provide to CITY certificates
of insurance showing the insurance coverages and required endorsements
described above, in a form and content approved by CITY, prior to performing
any services under this Agreement.
3.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained within this Agreement, or the extent to
which ADMINISTRATOR may be held responsible for payments of damages to
persons or property.
4. NON-DISCRIMINATION.
In the administration of the Authority PACE Program and in the hiring and recruitment of
employees, ADMINISTRATOR shall not engage in, nor permit its officers, employees or agents
to engage in, discrimination of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
ADMINISTRATOR warrants that it possesses or shall obtain prior to execution of this
Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the
Municipal Code, and any other licenses, permits, qualifications, insurance and approval of
whatever nature that are legally required of ADMINISTRATOR to practice its business or
profession.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 200 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
6. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE ADMINISTRATOR:
Office of the City Manager Twain Community Partners II LLC
300 North “D” Street, 6th Floor 1232 Washington Ave, Suite 200
San Bernardino, CA 92418 St. Louis MO 63101
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section.
7. 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 and members of his/her office in
enforcing this Agreement on behalf of the CITY shall be considered as “attorneys’ fees” for the
purposes of this paragraph.
8. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated in the Superior Court of the State of California for the County of San
Bernardino. The aforementioned choice of venue is intended by the parties to be mandatory and
not permissive in nature.
9. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
10. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement
and their respective heirs, representatives, successors, and assigns.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 201 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid 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.
13. REMEDIES; WAIVER.
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement 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 made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
14. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
15. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf”
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or “.pdf” signature page were an original thereof.
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 202 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
16. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both
PARTIES.
17. CORPORATE AUTHORITY.
Each person 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.
18. COMPLIANCE WITH LAW
ADMINISTRATOR agrees to abide by all federal, state, and local laws, ordinances and
regulations.
19. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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Packet Pg. 203 Attachment: CM.PACE.CMFA Indemnification Agreement - Twain.Exhibit A7docx (5765 : Authorizing CMFA Joint Powers Authority as a City of
Exhibit A-7
INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
[Pace Program Administrator]
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ____________, 20__ [Pace Program Administrator]
By: ___________________________
Its: ___________________________
Dated ____________, 20__ CITY OF SAN BERNARDINO
By:___________________________
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:___________________________
INDEMNIFICATION AGREEMENT BETWEEN CITY AND TWAIN COMMUNITY PARTNERS II LLC
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9/28/2018 9:01 AM
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 5, 2018
To: Honorable Mayor and City Council Members
From: Georgeann Hanna, City Clerk
Subject: Records Retention, Destruction, and Storage
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2018-278 of the Mayor and City Council of the City of San
Bernardino, adopting a Records Retention and Destruction Policy and repealing
Resolution No. 2014-246; and
2. Authorize the City Manager to execute a Professional Services Agreement with
Laguna Vault, LLC doing business as Docu-TRUST for document storage,
records management, and digitization services.
Background
In an effort to streamline, consolidate, and organize all City records in a consistent
manner, the Mayor and City Council approved the State of California Records Retention
Schedule as policy for the City of San Bernardino on July 7, 2014 through Resolution
No. 2014-246. With the legal services agreement with Best, Best & Kreiger (BB&K) in
place, the City is able to enhance its established records management policy, adopting
a more comprehensive records retention and destruction policy which is regularly
reviewed and updated by BB&K.
In conjunction with the records retention policy, the City must have access to a secure
records storage center that allows for the archival, storage, and maintenance of paper
records and digitizes records for public access. At present, in accordance with multiple
separate agreements, the City’s off-site documents are stored at the Docu-TRUST
records storage facility located in the City of San Bernardino. The proximity of the
storage center to City facilities makes off-site document storage and retrieval quick and
easy to manage. Docu-TRUST also has the capacity to digitize records of all sizes,
including building plans, which will complement the Laserfiche system used to digitize
records in-house.
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9/28/2018 9:01 AM
Discussion
Records Retention and Destruction Policy
In order to stay current with changes in records retention statu tes and regulations as
well as industry best practices, City staff members have prepared an updated Records
Retention and Destruction Policy along with a Records Retention Schedule which
contain current information on legally required retention periods for City records
established by California statutes, federal laws, and regulations as well as relevant
information from the Secretary of State’s guidelines . The proposed Policy and Records
Retention Schedule will be regularly reviewed and updated by BB&K to ensure that the
City stays current with changes in State and federal laws and regulations (Attachment
1).
Records Storage & Management Solutions
With limited on-site storage space and without the equipment needed to digitize large
documents such as building plans, archival storage, electronic conversion, and
inventory management and retrieval services are a necessary extension of the City’s
storage areas. At present, the City’s electronic conversion, file storage, and records
destruction needs supporting multiple departments including the City Clerk’s Office, City
Manager’s Office, City Attorney’s Office, Community Development, and Human
Resources are addressed under multiple agreements with Docu-TRUST. Docu-TRUST
was engaged as the City’s storage and records management vendor based upon their
capacity to digitize large documents and state-of-the-art archival storage solutions,
including professional security monitoring services and same-day access to records. In
order to avoid the cost associated with relocating records and the challenges associated
with accessing records stored outside of the City of San Bernardino , it is recommended
that the City continue to utilize Docu-TRUST as the select source vendor for the
archival, storage, and maintenance of paper records and the digitization of records
which will be used in combination with the Laserfiche system for public access. The
consolidation of the City’s electronic conversion and off-site storage agreements under
a comprehensive single agreement managed by the City Clerk’s Office will help to
streamline the City’s records management systems, improving organizational efficiency
and effectiveness in keeping current with the City’s adopted Records Retention and
Destruction Policy.
2018-2019 Goals and Objectives
The adoption of a comprehensive Records Retention and Destruction Policy, the
consolidation of the City’s electronic conversion , and off-site storage agreements under
a comprehensive agreement managed by the City Clerk’s Office , will help to streamline
the City’s records management systems by improving organizational efficiency and
effectiveness, which is in alignment with Goal No. 5: Improve City Government
Operations.
Fiscal Impact
The Professional Services Agreement will provide an approved, single comprehensive
solution for the archival, storage, and maintenance of paper records and digitization of
records for public access on an ongoing basis up to a maximum of $60,000. The
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9/28/2018 9:01 AM
adopted FY 2018/19 Operating Budgets for the City Clerk’s Office, City Manager’s
Office, City Attorney’s Office, Community Development Department, and Human
Resources Department included funding for these services. The City will have the
ability to exit the agreement during the established contract period with 10-days’ notice.
In recent years, departments have managed this service individually and a
comprehensive, city-wide solution has not been formally bid. In compliance with the
City’s policy for the use of professional services, the City will initiate a formal Request
for Proposal (RFP) for records storage and management services to secure the best
long-term solution for the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2018-278 of the Mayor and City Council of the City of San
Bernardino, California, adopting a Records Retention and Destruction Policy and
repealing Resolution No. 2014-246; and
2. Authorize the City Manager to execute a Professional Services Agreement with
Laguna Vault, LLC doing business as Docu-TRUST for document storage,
records management, and digitization services.
Attachments
Attachment 1 Resolution No. 2018-278; Exhibit “A” Records Retention and
Destruction Policy; Attachment “A” “Request for Destruction of
Obsolete Records” form; and Attachment “B” Records Retention
Schedule
Attachment 2 Professional Service Agreement with Docu-Trust; Exhibit “A” Scope
of Services & Rate Schedule
Ward: All
Synopsis of Previous Council Actions:
Resolution No. 2014-246 – The Mayor and City Council approved the State of California Records
Retention Schedule as policy for the City of San Bernardino on July 7, 2014.
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RESOLUTION NO. 2018-278
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING A RECORDS RETENTION AND
DESTRUCTION POLICY AND REPEALING RESOLUTION NO. 2014-246
WHEREAS, Section 34090 of the California Government Code provides that, with the
approval of the City Council by resolution and the written consent of the City Attorney, the head
of a city department may destroy any record, document, instrument, book or paper under his or
her charge without making a copy thereof, after the same is no longer required, provided that
certain records are exempt from such destruction; and
WHEREAS, the City Council previously adopted Resolution No. 2014-246 which
adopted the Secretary of State Local Government Records Management Guidelines as the City’s
records retention schedule for the City Clerk’s Office Records and Information Management
(RIM) Program; and
WHEREAS, since the adoption of Resolution No. 2014-246 and the last amendment to
the Secretary of State’s guidelines in 2006, the laws pertaining to records retention and
destruction for cities have changed; and
WHEREAS, in order to stay current with changes in records retention statutes and
regulations, City staff members have prepared an updated “Records Retention and Destruction
Policy” and a “Records Retention Schedule” (collectively the “Records Retention Policy”) which
contain current information on legally required retention periods for City records established by
California statutes, federal laws, and regulations, as well as relevant information from the
Secretary of State’s guidelines; and
WHEREAS, the City Council recognizes the City’s need for an updated records
retention and destruction program and wishes to adopt the proposed “Records Retention and
Destruction Policy” for the orderly retention of City records and the proper disposal of obsolete
records.
BE IT RESOLVED BY THE 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. Resolution No. 2014-246 is hereby repealed.
SECTION 3. The City Council hereby adopts the "Records Retention and Destruction
Policy," attached hereto as Exhibit "A" and incorporated herein and made a part of this
Resolution.
SECTION 4. The City Council hereby finds that the Records Retention and Destruction
Policy complies with all State and federal laws and regulations pertaining to the retention of City
1
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records. The City Council further finds that any obsolete records destroyed pursuant to the
Records Retention and Destruction Policy will not adversely affect the City or the public.
SECTION 5. The City Council hereby authorizes the City Clerk to perform any and all
acts necessary to give effect to and comply with the terms and intent of the Records Retention
and Destruction Policy. The City Clerk shall be responsible for the administration of the
retention of records and the destruction of obsolete records pursuant to the Records Retention
and Destruction Policy. In addition, the City Clerk is authorized to update or amend the Records
Retention and Destruction Policy as needed, without further approval from the City Council, in
order to stay current with federal and State laws, as well as any other regulations regarding
records retention.
SECTION 6. Pursuant to the authority provided in Government Code section 34090.7,
the City Council hereby prescribes that the City Clerk may, at any time, authorize the destruction
of any duplicate records, including duplicate records that are less than two (2) years old, if such
duplicate records are no longer required for City business.
SECTION 7. The City Clerk shall have ongoing authority, without further approval
required from the City Council, and with the written consent of the City Attorney as provided in
Government Code section 34090, to dispose of obsolete City records in accordance with the
Records Retention and Destruction Policy.
SECTION 8. 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 9. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
///
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING A POLICY FOR THERECORDS
RETENTION AND DESTRUCTION POLICY AND REPEALING RESOLUTION NO.
2014-246
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 5th
day of October 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this 5th day of October 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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Packet Pg. 210 Attachment: CC.Records Retention Policy.02.RESOLUTION.ATTACHMENT 1 (5766 : Records Retention, Destruction, and Storage)
CITY OF SAN BERNARDINO
RECORDS RETENTION AND DESTRUCTION POLICY
I. PURPOSE
The purpose of this Policy is to provide guidelines to City staff members regarding the retention
of City records and the destruction of obsolete and unnecessary records of the City of San
Bernardino; provide for the identification, maintenance, and safeguarding of City records and,
when legally allowed, the disposal of obsolete and unnecessary records in the normal course of
business; ensure prompt and accurate retrieval of City records; and ensure compliance with all
legal and regulatory requirements.
II. AUTHORIZATION
Pursuant to Resolution No. [***INSERT RESOLUTION NUMBER***], the City Clerk is
authorized by the City Council to interpret and implement this Policy and shall be responsible for
the administration of this Policy. The City Clerk is authorized to perform any and all acts
necessary to comply with the terms and intent of this Policy. The City Clerk is responsible for
the retention of City records and the destruction of any obsolete records that meet the
qualifications governing the retention and destruction of records as specified below.
II. PROCEDURE
A. The department head completes and signs a “Request for Destruction of Obsolete
Records” form, attached hereto as Attachment “A,” listing the date and
description of each document to be destroyed. The staff member submits the
form to the City Clerk.
B. The City Clerk checks the documents listed on the submitted form to confirm that
each document: (1) is not required to be permanently retained, or (2) has been
retained for the legally required period of time. The City Clerk also confirms that
any applicable reproduction requirements (i.e., scanning/imaging, etc.) for the
documents are complete. The City Clerk also verifies that documents proposed
for destruction are not relevant to a subpoena, California Public Records Act
request, claim against the City, lawsuit, litigation hold, administrative charge or
investigation, or similar proceeding, which is in progress or which can reasonably
be anticipated.
C. The City Clerk submits the form to the City Attorney who reviews and signs the
form and then returns the signed form to the City Clerk.
D. After receiving the signed form from the City Attorney, the City Clerk oversees
the destruction of the documents, indicates the method of destruction on the form,
and signs the form.
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Packet Pg. 211 Attachment: CC.Records Retention Policy.03.Policy 2018.Exhibit A (5766 : Records Retention, Destruction, and Storage)
E. The City Clerk will retain the original signed forms requesting destruction of
records for two (2) years.
F. The City Clerk will prepare and maintain a permanent record of all destroyed
documents, such as a log or copies of certificates of destruction, in whatever
format he/she determines to be convenient for the purpose. The permanent record
will include titles or brief descriptions of the documents that were destroyed and
the date of destruction.
III. GENERAL GUIDELINES
A. Definitions. As used in this Policy, the following terms shall have the following
meanings:
(1) “Records” shall mean any writing containing information relating to the
conduct of the City’s business that is prepared, owned, used, or retained by the City regardless of
physical form or characteristics.
(2) “Writing” means handwriting, typewriting, printing, photographing,
photocopying, electronic mail (“email”), facsimile (“fax”), and every other means of recording
upon any tangible thing any form of communication or representation, including letters, words,
pictures, sounds, or symbols, or combination thereof, and any record thereby created, regardless
of the manner in which the record has been stored.
B. The City Clerk shall be responsible for the administration of this Policy and shall
assist all City personnel to comply with the provisions of this Policy and with the Records
Retention Schedule, set forth in Attachment “B.”
C. The following general guidelines apply to all City records.
1. The City Clerk may authorize at any time the destruction of any duplicate
records less than two (2) years if they are no longer required. (Gov. Code
§ 34090.7.)
2. Unless otherwise provided by State or federal law, the City Clerk may
authorize the destruction of any original document which is more than two
(2) years old, with written consent from the City Attorney, without
retaining a copy of the document as long as the retention and destruction
of the document complies with the retention schedule as set forth in this
Policy (Gov. Code § 34090.)
3. The City Clerk may authorize the destruction of City records upon
complying with all of the requirements of Government Code section
34090.5, including having the records reproduced electronically or by
using any other medium that is a trusted system. The medium used for
reproduction shall not permit additions, deletions, or changes to the
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Packet Pg. 212 Attachment: CC.Records Retention Policy.03.Policy 2018.Exhibit A (5766 : Records Retention, Destruction, and Storage)
original document, and shall comply with standards found in Government
Code section 12168.7 for recording permanent and nonpermanent
documents in electronic media.
4. The records preserved pursuant to Government Code section 34090.5 shall
be made accessible to the public for inspection and/or to receive copies. A
true copy of archival quality of the electronic medium reproductions shall
be kept in a safe and separate place for security purposes. Any page of a
record that cannot be reproduced electronically with full legibility shall be
permanently preserved in a manner that will afford easy reference.
5. The reproduction of an original record made in accordance with
Government Code section 34090.5 shall be deemed to be an original
record and a transcript, exemplification, or certified copy of such
reproduction shall be deemed to be a transcript, exemplification, or
certified copy of the original.
6. In addition to the retention periods required under this Policy, the City
shall retain original administrative, legal, and fiscal records with continued
value (i.e., records related to long-term transactions and/or special
projects) until all matters pertaining to such records are completed or
otherwise resolved. (Gov. Code 34090.)
7. Pursuant to Government Code section 34090, the City shall not destroy
any of the following records:
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the City or of a City board
or commission.
D. Duplicate Records. Pursuant to Resolution No. _____, the City Clerk is
authorized to destroy at any time any duplicate record of the City, including duplicate records
that are less than two years old, if the duplicate is no longer required for City business.
E. Exceptions to Scheduled Destruction of Obsolete Records. Schedule destruction
of records that have met or exceeded their retention periods must be postponed if the records are
responsive to, subject to, or relate in some way to any of the following:
(a) A pending Public Records Act request received by the City;
(b) A subpoena served on the City;
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Packet Pg. 213 Attachment: CC.Records Retention Policy.03.Policy 2018.Exhibit A (5766 : Records Retention, Destruction, and Storage)
(c) A Request for Production received by the City from an opposing party in
litigation;
(d) A court order;
(e) A litigation hold or request for preservation of evidence received by the City; or
(f) A claim filed against the City under the Government Claims Act.
The above exceptions apply to both hard copy and electronic records.
IV. RECORDS RETENTION SCHEDULE
The City of San Bernardino “Records Retention Schedule” is attached to this Policy as
Attachment “B” and is incorporated herein by reference. This Policy and the Records Retention
Schedule comply with State and federal law. This Policy and Records Retention Schedule also
comply with the California Secretary of State Local Government Records Management
Guidelines, to the extent that the document has been updated to include current laws and
regulations. The Records Retention Schedule may be updated from time to time by the City
Clerk, as authorized in the City Council resolution adopting this Policy.
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Packet Pg. 214 Attachment: CC.Records Retention Policy.03.Policy 2018.Exhibit A (5766 : Records Retention, Destruction, and Storage)
ATTACHMENT “A”
“REQUEST FOR DESTRUCTION OF OBSOLETE RECORDS” FORM
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Packet Pg. 215 Attachment: CC.Records Retention Policy.04.Request for Destruction.Attachment A (5766 : Records Retention, Destruction, and Storage)
CITY OF SAN BERNARDINO
To: City Clerk
From: Department Head
Subject: Request for Destruction of Obsolete Records
I am requesting approval to destroy the obsolete records listed below.
DATE OF RECORD DESCRIPTION OF RECORD
(If additional space is needed to describe records, please attach additional pages)
_______________________________________ ____________________
Department Head Date
APPROVED
_______________________________________ ____________________
City Attorney Date
The obsolete records described above (and on any attached pages) were destroyed under my
supervision using the following method:
Shredding Burning Other (specify method below)
____________________________________________________________________________
____________________________________________________________________________
I certify that such destruction meets the requirements of the City’s Records Retention and
Destruction Policy and all applicable requirements of State and federal law.
_______________________________________ _______________________
City Clerk Date of Records Destruction
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Packet Pg. 216 Attachment: CC.Records Retention Policy.04.Request for Destruction.Attachment A (5766 : Records Retention, Destruction, and Storage)
ATTACHMENT “B”
RECORDS RETENTION SCHEDULE
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Packet Pg. 217 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention, Destruction, and Storage)
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Accident/Illness Reports
Not a public record
For Employee Medical Records & Employee
Exposure Records regarding exposure to toxic
substances or harmful physical agents
--Includes Material Safety Data Sheets (MSDS)
Does NOT include: records of health insurance
claims maintained separate from employer’s
records; first aid records of one-time treatments
for minor injuries; records of employees who
worked less than one (1) year if records are
given to employee upon termination
GC 6254(c)
8 CCR
3204(d)(1)(A)(B)
Length of employment + 30 years
Accidents/Damage to City Property Risk management administration
GC 34090
CCP 337.15
10 years
Accounting Records – General Ledger General Ledger
GC 34090
CCP 337
Until audited + 4 years
Published articles show 4 – 7 years
retention as typical
Sec. of State Guidelines
recommends permanent retention.
Accounting Records –
- Permanent Books of Accounts
Records showing items of gross income,
receipts and disbursement (including
inventories, per IRS regulations)
26 CFR 1.6001-
1(c) & (e) Permanent
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 218 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Accounts Payable
Journals, statements, asset inventories, account
postings with supporting documents, vouchers,
investments, invoices and back-up documents,
purchase orders, travel expense
reimbursements, petty cash, postage, PERS
reports, check requests, etc.
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of
State Local Gov’t.
Records Mgmt.
Guidelines
recommendation
Until audited + 4 years
Accounts Receivable
Receipts for deposited checks, coins, currency;
checks received, reports, investments, receipt
books, cash receipts, cash register tapes,
payments for building permits/parking
permits/Transient Occupancy Tax, etc.
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of
State Local Gov’t.
Records Mgmt.
Guidelines
recommendation
Until audited + 4 years
Affidavits of Publication / Posting Legal notices for public hearings, publication of
ordinances, etc. GC 34090
Current + 2 years, unless part of a
project or matter that requires
longer retention (i.e., CEQA
documents)
Agency Report of Consultants (FPPC
Form 805)
Identifies consultants hired by the City who
must file Form 700
2 CCR 18734; GC
81009(e) 7 years
Agency Report – Events and
Ticket/Pass Distribution (FPPC Form
802)
Report of tickets/passes; identifies persons who
received tickets/passes and describes the public
purpose for the distribution
GC 81009(e) 7 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 219 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Agency Report of New Positions
(FPPC Form 804)
Identifies new positions that will make or
participate in making governmental decisions
on behalf of the City GC 81009(e) 7 years
Agency Report of Public Official
Appointments (FPPC Form 806)
Report of additional compensation received by
agency officials when appointing themselves to
committees, boards or commissions of other
public agencies, special districts, joint powers
agencies or joint powers authorities. Copy of
current report must be posted on the City’s
website.
2 CCR
18702.5(b)(3); GC
81009(e)
Original - 7 years
Agenda / Agenda Packets
City Council, Successor Agency, Commissions
– agendas and packets can be imaged
immediately for retention, if desired.
GC 34090
GC 34090.5 2 years
Agenda reports (staff reports)
Council/Successor Agency/Commissions -
Originals can be imaged immediately for
retention, if desired. The imaged record can
serve as the “original” record, if desired.
GC 34090
GC 34090.5 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 220 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Agreements
(See also Contracts)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.
Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning, supervision,
testing, or observation of construction or
improvement to real property; may include
records of retention releases, retention withheld,
change orders, etc.
CCP 337
CCP 337.2
CCP 343
CCP 337.15
4 years after
termination/completion
10 years after
termination/completion
Annexations / Reorganizations Notices, Resolutions, Certificates of
Completion GC 34090 Permanent
Annual Financial Report May include independent auditor analysis GC 34090
Until audited + 2 years
Sec. of State Guidelines
recommends while current + 7
years
Applications for Boards,
Commissions Committees Not selected GC 34090 2 years
Applications for Boards,
Commissions, Committees Selected
GC 34090
Sec. of State
Guidelines
Current + 5 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 221 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Appraisals
For Real Property Owned by City – Not a
public record until real estate transaction is
complete
GC 34090
GC 6254(h) 2 years
Articles of Incorporation GC 34090 Permanent
Assessment Districts Original Documentation GC 34090 Permanent
Audit Hearing or Review Documentation created and or received in
connection with an audit hearing or review GC 34090 2 years
Audit Reports Financial services; internal and/or external
reports
GC 34090
CCP 337
CCP 343
Current + 4 years
Sec. of State Guidelines
recommends permanent retention
Backflow Test Reports Reports of testing and maintenance – water
supply 17 CCR § 7605 3 years
Bank Account Reconciliations Bank statements, receipts, certificates of
deposit, etc.
26 CFR 31.6001-
1(e)(2)
4 years
(Sec. of State Guidelines –
recommended retention: until
audited + 5 years)
Behested Payment Report (FPPC
Form 803)
FPPC form used by elected officials to disclose
payments made at their behest ($5,000 or more
from same source) for legislative,
governmental, or charitable purposes.
GC 81009;
82015(b)(2)(B)(iii) 7 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 222 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Bids, Successful Includes plan and specifications;
notices/affidavits.
GC 34090
CCP 337, 337.1 4 years
Bids, Unsuccessful Unsuccessful bid packages only GC 34090 2 years
Billing Records Utility bill stubs – submitted with payment GC 34090 Current + 2 years
Bonds
Authorization/public hearing
records/prospectus/proposals/certificates/notices
(transcripts)/registers/statements.
CCP 336a, 337.5 Upon cancellation, redemption or
maturity + 10 years
Bonds, Development Housing; Industrial Development CCP 337.5 10 years
Bonds, Employee (Fidelity Bonds)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 Length of employment + 2 years
Bonds - Final Final bond documentation; monthly statement
of transactions; supporting documents
GC 34090
CCP 337.5
Upon cancellation, redemption or
maturity +10 years
Bonds – Paid/Cancelled Paid or cancelled bonds; warrant certificates;
interest coupons
GC 34090
GC 53921 2 years
Bonds, Surety
Documentation created and/or received in
connection with the performance of
work/services for the City, or for parcel maps
and subdivision work
CCP 337 4 years
Bonds – Unsold/Unused Unsold/unused bonds GC 34090
GC 43900 et seq.
2 years (specific requirements for
disposal of unused bonds)
Brochures/
Publications
Informational/promotional documents created
for or by the City GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
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Packet Pg. 223 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Budget, Annual Annual operating budget approved by City
Council
GC 34090
Current + 2 years
Sec. of State Local Gov’t. Records
Mgmt. Guidelines recommends
permanent retention.
Building, Blueprints/ Specifications
Copies submitted by contractors with
application for building permit or Certificate of
Occupancy
GC 34090 Current + 2 years
Building, Certificates Compliance, elevation, occupancy – affecting
title to real property or liens on real property GC 34090 Permanent
Building, Construction (Approved)
New commercial and residential construction,
tenant improvements, room additions, spas,
signs, block wall, remodel (including security
bonds)
CCP 337.15
GC 34090 10 years
Building, Inspection Correspondence, fees, appeal requests, reports GC 34090 2 years
Building, Permits Permits for buildings; signs; grading;
encroachment permits GC 34090 Until completed + 2 years
Building Plans
Official copy -- Not to be reproduced until
written permission is obtained from architect of
record and current building owner (Retention
requirement not applicable to buildings
containing a financial institution or public
utility.)
GC 34090
H&S 19850,
19851
For the life of the building
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
8
Updated June 2018
09977.00001\1466276.6
15.e
Packet Pg. 224 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Building, Signs (temporary) Home occupation, off-premise signs GC 34090 2 years
Business License Annual Reports Finance GC 34090 2 years
Business Licenses/Permits City issued GC 34090 While current plus 2 years
Cal-OSHA
Log of work related injuries & illnesses (Form
300), Annual Summary (Form 300A), Incident
reports (Form 301)
LC 6410; 8 CCR
14300.33 5 years
California State Tax Records Forms filed annually; quarterly and year-end
reports
R&TC 19530
R&TC 19704 6 years
Campaign Statements - Mayor, City
Council - elected (originals)
Original statements of elected candidates and
committees supporting elected candidates for
Mayor, City Council
GC 81009(b)
GC 81009(g)
Permanent (can image after 2
years)
Campaign Statements - candidates for
Mayor, City Council - not elected
(originals)
Original statements of candidates and
supporting committees for candidates not
elected for Mayor, City Council
GC 81009(b)
GC 81009(g) 5 years (can image after 2 years)
Campaign Statements for other than
Mayor, City Council; other campaign
reports (originals)
Original statements of all other persons and
committees; other original reports and
statements
GC 81009(c), (e)
GC 81009(g) 7 years (can image after 2 years)
Campaign Statements/Reports --
Copies
Copies of reports/statements (if filing officer is
not required to keep more than one copy)
GC 81009(f)
GC 81009(g) 4 years (can image after 2 years)
Certificates of Compliance Building department documents GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
9
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 225 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Checks (City-issued)
Includes payroll checks; canceled or voided
checks; copies of checks; electronic versions of
checks
GC 34090
CCP 337
26 CFR 31.6001-
1(e)(2)
Until audited +4 years
(Sec. of State Guidelines –
recommended retention: until
audited + 5 years)
Citizen Feedback General correspondence. GC 34090 2 years
Claims Against the City Government Claims Act – Claims paid or
denied GC 34090 Until settled + 2 years
Code Enforcement,
Case files (see Nuisance Abatement)
Building, housing and mobile home code
violation records including inspections; public
nuisance rubbish and weed abatement, citations
[records on vehicle abatement/abandoned
vehicles are generally Police Records]
GC 34090 Until closed + 2 years
Code Enforcement,
Liens & Releases
Utilities, abatement, licenses GC 34090
Current + 2 years
Keep recorded liens until lien is
paid/satisfied
Code Enforcement - Logs Documentation of investigations and follow-up GC 34090 Current + 2 years
Code Enforcement
Regulations
Other than regulations in City’s Municipal
Code GC 34090 2 years
Code Enforcement
Reports, Federal and State Code enforcement statistics GC 34090 Current + 2 years
Collective Bargaining Agreements Memoranda of Understanding (MOUs) with
employee unions; represented employee groups 29 CFR 516.5(b) Current + 3 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
10
Updated June 2018
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Packet Pg. 226 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Community Surveys Review final survey reports for historic
significance GC 34090 2 years
Complaints - Miscellaneous
Miscellaneous complaints, non-code
enforcement, not related to specific lawsuits
involving the City and not otherwise
specifically covered by the Retention Schedule.
GC 34090 2 years
Comprehensive Annual Financial
Reports (CAFR) Finance GC 34090
CCP 337 Until audited + 4 years
Conflict of Interest Code
Conflict of Interest Code – required under
Political Reform Act; must be reviewed by July
1st of every even-numbered year and amended
if necessary
GC 87300 et seq. Permanent
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
11
Updated June 2018
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Packet Pg. 227 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Contracts, City (see also Agreements)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.
Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning, supervision,
testing, or observation of construction or
improvement to real property; may include
records of retention releases, retention withheld,
change orders, etc.
CCP 337
CCP 337.2
CCP 343
CCP 337.15
4 years after termination/
completion
10 years after
termination/completion
Correspondence
General correspondence regarding City
business, including but not limited to letters,
email, and text messages; Posts/comments on
City-owned social media accounts.
GC 34090 2 years
Credit Cards, City-owned
Credit card bills or statements and related
receipts.
Other records related to use of City-owned
credit cards (policies, correspondence, etc.)
26 CFR 31.6001-
1(e)(2)
GC 34090
Until audited + 4 years
Current + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
12
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 228 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Deeds, Real Property (Grant Deeds) File with recorded documents; originals may
not be destroyed. GC 34090 Permanent
Deferred Compensation Reports Finance - pension/retirement funds 29 CFR 516.5
29 CFR 1627.3 3 years
Demographic/
Statistical Data GC 34090 Current + 2 years
Development Agreements
Agreements for development of real property;
Development and Disposition Agreements
(DDAs); May include infrastructure contracts
(i.e., architects, treatment plants, utility lines,
etc.), franchises, etc.
CCP 337, 337.1,
CCP 337.15
GC 34090
48 CFR 4.703
Permanent
(Sec. of State Guidelines
recommends retaining paper
original for minimum 7 years)
Development Conditions Mitigation measures; filed with project files GC 34090 For the life of the project
Development, General Subject Files Internal working files including correspondence GC 34090 2 years
Development, Incident Files Emergency Call Outs GC 34090 2 years
Development Logs
Logs, registers or similar records listing
permits, certificates of occupancy issued, may
include inspection, building activity, daily, plan
check, utility
GC 34090(a)
GC 4003, GC
4004
H&S 19850 -
19853
5 years
Development, Photographs Aerial Photographs GC 30490 Current + 2 years
Development, Projects- Not
completed or denied Building, engineering, planning GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
13
Updated June 2018
09977.00001\1466276.6
15.e
Packet Pg. 229 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Development, Reports Activity, Periodic GC 34090 2 years
Development, Seismic Retrofit
Program Includes Certificates of Compliance GC 34090
H&S 19850
For the life of the building;
Sec.of State Guidelines
recommends permanent retention
Development Standards
Includes standards for landscaping medians,
parkway landscape development, public works
construction
GC 34090
Sec. of State
Guidelines
Permanent
Development, Street Names and
House Numbers
Includes street dedications, street
vacations/closings, address assignment/changes
GC 34090
Sec. of State
Guidelines
Permanent
Development, Studies, Special
Projects & Areas Engineering, joint powers, noise, transportation GC 34090 2 years
Development, Surveys Recording data and maps GC 34090 Permanent
DMV Drivers’ Records Reports
(DMV Pull-Notice System)
Motor Vehicle Pulls; Personnel record – not a
public record
GC 34090
GC 6254(c)
VC 1808.1(c)
Until superseded (should receive
new report every 12 months)
Drawings, Project Plan Does not include those usually filed with case
or project. GC 34090 2 years
Easements, Real Property File with recorded documents; originals may
not be destroyed. GC 34090 Permanent
Economic Development Projects Administrative records/Staff reports/Project
files GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
14
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 230 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
EEOC Records
(Equal Employment Opportunity
Commission)
Records, reports showing compliance with
federal equal employment requirements (EEO-4
Reports, etc.) 29 CFR 1602.30 3 years
Election - Administrative Documents Not ballot cards or absentee voter
lists/applications. GC 34090 2 years
Election – Affidavit Index Voter registration index
EC 17001 5 years
Election - Ballots and Related
Documents
STATE & LOCAL ELECTIONS: All ballot
cards (voted, spoiled, canceled) arranged by
precinct, unused absentee ballots, ballot
receipts, absent voter identification envelopes,
absentee voter applications. May be destroyed
subject to any pending contest.
EC 17302, 17306,
17505 6 months
Election - Ballots and identification
envelopes – Federal offices
For elections to Federal office (President, Vice
President, US Senator, US Representative) EC 17301 22 months
Election - Ballots - Prop. 218
(Assessment Districts)
Ballots - Property related fees (Assessment
Ballot proceeding)
[Ballots are disclosable public records during
and after tabulation]
GC 53753(e)(2) 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
15
Updated June 2018
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15.e
Packet Pg. 231 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Election - Canvass
Notifications and Publication of Election
Records used to compile final election results,
including tally sheets, voting machine
tabulation, detailed breakdown of results;
special election results
EC 17304 6 months
Election - Election Official’s Package
of Documents
Package of 2 tally sheets, copy of index,
challenge lists, assisted voters list.
Public record - all voters may inspect after
commencement of official canvass of voters
EC 17304 6 months
Election - Nomination Documents -
successful
All nomination documents and signatures in
lieu of filing petitions EC 17100 Until term expires + 4 years
Election - Nomination Documents -
unsuccessful GC 81009(b) 5 years
Election Petitions -
Initiative/Recall/Referendum;
Charter Amendments
Not a public record - documents resulting in an
election - retention is from election
certification.
EC 17200, 17400
GC 6253.5;
EC 17400;
GC 34458-60
8 months
Election Petitions - No election Not a public record. Not resulting in an
election. Retention is from final examination.
EC 17200, 17400
GC 6253.5 8 months
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
16
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 232 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Election - Precinct Records
From date of election: Precinct official
material; declaration of intention; precinct
board member applications; orders appointing
members of precinct boards and designating
polling places includes notice of appointment of
office and record of service
EC 17503 5 months
Election - Roster of Voters
From date of election; initiative; referendum
recall; general municipal election; Charter
Amendments
EC 17300 5 years
Election - Voter Affidavits Affidavits of registration retained by the
elections official EC 17000 5 years
Employee Benefits
Benefit plans (including “cafeteria” and other
plans); health insurance programs; records
regarding COBRA – extension of benefits for
separated employees, insurance policies (health,
vision, dental, deferred compensation, etc.)
29 USC 1027
28 CCR 1300.85.1
11 CCR 560
29 CFR
1627.3(b)(2)
For life of plan/policy + 6 years
Employee Bonds (Fidelity)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 While current + 2 years
Employee Files Personnel files --Not a public record.
GC 12946
GC 6254(c)
29 CFR 1627.3
While current + 3 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
17
Updated June 2018
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Packet Pg. 233 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employee Information, General Name, address, date of birth, occupation, rate of
pay and weekly compensation earned
GC 12946
29 CFR 1627.3
LC 1174
3 years
Employee Information - CEIR
Personnel--California Employer Information
Report
(for employers of 100 or more employees)
2 CCR 11013
(c)(1)
GC 12946
Received + 2 years
Employee Information - Applicant
Identification Records
Personnel--Data regarding race, gender,
national origin of applicants
2 CCR 11013
(c)(2) Received + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
18
Updated June 2018
09977.00001\1466276.6
15.e
Packet Pg. 234 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employee, Medical & Exposure
Records (toxic substances or harmful
physical agents)
Medical records are part of personnel file --not
a public record.
Includes medical records made or maintained
by a physician, nurse, or other health care
personnel, or technician pertaining to
employees exposed to toxic substances or
harmful physical agents.
Does not include first-aid records of one-time
treatment made on-site by a non-physician or
observation of minor scratches, cuts, burns,
splinters, etc., which do not involve medical
treatment, loss of consciousness, restriction of
work or motion, or transfer to another job.
(For employees of less than 1 year, no need to
retain medical records regarding exposure to
toxic substances/harmful physical agents if they
are returned to employee upon termination)
GC 6254(c)
29 CFR 1910.1020
8 CCR 3204
(d)(1)(A)(B)
Length of employment + 30 years
Employee, Medical Records (routine)
Records of first aid treatment for minor injuries
(burns, splinters, etc.); records relating to
medical leave taken, etc.
GC 12946, 34090
29 CFR 1627.3 Length of employment + 3 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
19
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 235 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employee, Noise Exposure Noise exposure measurement records
Employee audiometric test records
8 CCR 5100
8 CCR 5100
Current + 2 years
Length of employment
Employee, Non-safety
Non-safety employee records may include
release authorizations; certifications;
reassignments; outside employment;
commendations, disciplinary actions;
terminations; oaths of office; pre-employment
medical evaluations; fingerprints; identification
cards (ID’s)
29 CFR 1627.3
LC 1174
GC 12946
GC 34090
Length of employment + 3 years
Employee Programs May include Employee Assistance Program
(EAP), Employee Recognition program, etc.
GC 34090
GC 12946 2 years
Employee, Recruitment
Alternate lists/logs, ethnicity disclosures,
examination materials, examination answer
sheets, job bulletins
GC 12946
GC 34090
29 CFR 1602.31
29 CFR 1627.3
2 years
Employee, Reports Employee statistics, benefit activity, liability
loss GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
20
Updated June 2018
09977.00001\1466276.6
15.e
Packet Pg. 236 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employee, Safety
Police department employees (except for peace
officers), fire, emergency employees-- records
may include release authorizations;
certifications; reassignments; outside
employment; commendations; disciplinary
actions; terminations; oaths of office; pre-
employment medical evaluations
Peace officer personnel records
29 CFR 1627.3
29 CFR 1602.31
29 CFR 516.6 et.
seq.
LC 1174
GC 34090
GC 12946
Op.Atty.Gen. No.
99-1111 [May 2,
2000]
Length of employment + 3 years
Length of employment + 5 years
Employment Agreements – At-Will
Employees; Temporary Employees
Original agreements/contracts for at-will
employees or temporary employees CCP 337
CCP 343 Length of employment + 4 years
Employment Applications - Not Hired
Applications submitted for existing or
anticipated job openings, including any records
pertaining to failure or refusal to hire applicant
GC 34090
GC 12946
29 CFR
1627.3(b)(1)(i)
2 years
Employment Eligibility Verification
(I-9 Forms)
Federal Immigration and Nationality Act;
Immigration Reform/Control Act 1986
8 USC 1324a
(b)(3)
Pub. Law 99-603
3 years after date of hire, or 1 year
after date of termination, whichever
is later
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
21
Updated June 2018
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15.e
Packet Pg. 237 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employment - Public Safety
certifications Certification/designations GC 34090 Length of employment + 2 years
Employment - Surveys and Studies Includes classification, wage rates
GC 12946
GC 34090
29 CFR 516.6
2 years
Employment - Training Records,
Non-Safety
Paperwork documenting internal and external
training for non-safety employees; includes any
volunteer program training - class training
materials, internships
GC 34090
GC 12946 Length of employment + 2 years
Employment - Vehicle Mileage
Reimbursement Rates Annual mileage reimbursement rates GC 34090 Until superseded + 2 years
Engineering
Capital Improvement Projects
Supporting documentation including bidders
list, specifications, reports, plans, work orders,
schedules, etc.
GC 34090, CCP
337.15 Project completion + 10 years
Engineering
Construction Tracking,
Daily
Daily/weekly logs; daily/weekly reports, etc. CCP 337.15 Project completion + 10 years
Engineering
Drawings, Traffic
Control Plan
Signs, signing and striping, road construction GC 34090 Permanent
Engineering
Flood Control Storm Drains GC 34090 Permanent
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
22
Updated June 2018
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Packet Pg. 238 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Engineering
Special Districts
Supporting documents regarding improvement
districts, lighting districts, underground utility
districts, etc.
GC 34090 Permanent
Engineering
Street/Alley (Abandonment/
Vacation)
Relinquishment of rights and fee title GC 34090 Permanent
Engineering
Traffic Signals Counts, collisions, accidents GC 34090 Completion + 2 years
Enterprise Systems Catalog
Catalog of software applications, computer
systems used by the City. Due 7/1/2016, per
Senate Bill 272 (2015 Statutes).
GC 6270.5 (Eff.
7/1/2016)
Must be completed by 7/1/2016,
posted on City website and updated
annually
Environmental Quality
Air Quality (AQMD)
Participants/voucher logs, Total Daily Mileage
Survey (TDM); various local authorities;
Commute Alternative
CCP 338(k);
GC 34090 3 years
Environmental Quality
Asbestos
Documents, abatement projects, public
buildings GC 34090 Permanent
Environmental Quality
California Environmental Quality Act
(CEQA)
Exemptions, Environmental Impact Report,
Mitigation monitoring, negative declaration,
notices of completion and determination,
comments, statements of overriding
considerations
GC 34090
CEQA Guidelines Permanent
Environmental Quality
Congestion Management Ride sharing, trip management GC 34090 Completion + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
23
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 239 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Environmental Quality
Environmental Review
Correspondence, consultants, issues,
conservation GC 34090 Completion + 2 years
Environmental Quality
Pest Control
Pesticide applications, inspections and
sampling, documents GC 34090 Completion + 2 years
Environmental Quality
Soil Analysis, construction recommendations GC 34090 Completion + 2 years
Environmental Quality
Soil Reports Final Reports GC 34090 Permanent
ERISA Records
(Employee Retirement Security Act)
Employee Retirement Income Security Act of
1974
- Plan reports, certified information filed;
records of benefits due
29 USC 1027
29 USC 1059
6 years
Ethics Training Records (AB 1234;
effective 1/1/06)
Records required to be kept under Gov. Code
section 53235.2. Records must show dates that
local officials satisfied the training requirements
and the entity that provided the training
GC 53235.2 5 years after receipt of training
Events Planning, Community Review for historic significance GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
24
Updated June 2018
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Packet Pg. 240 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Family and Medical Leave Act
(federal)
Records of leave taken, City policies relating to
leave, notices, communications relating to
taking leave
29 CFR 825.500
GC 12946
3 years (federal)
2 years (State)
Federal Tax Records May include Forms 1095-C, 1096, 1099, W-4
and W-2
26 CFR 31.6001-
1(e)
29 CFR 516.5-
516.6
Current + 4 years
Fee Schedules/Studies Considered by the City Council GC 34090 2 years
Fire Protection District
Administration Administrative documents. GC 34090 2 years
Fire Safety
Administration
General orders, policies & procedures GC 34090 Until superseded + 2 years
Fixed Assets
Inventory
Reflects purchase date, cost, account number GC 34090 Until audited + 2 years
Fixed Assets
Surplus Property
Auction; disposal –
Listing of property; sealed bid sales of
equipment
GC 34090
CCP 337 Until audited + 4 years
Fixed Assets
Vehicle Ownership & Title Title transfers when vehicle is sold. VC 9900 et. seq. Until sold
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
25
Updated June 2018
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Packet Pg. 241 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Flood Plain Maps FEMA - not a City record, for information only. Until Superseded
Forms Administrative - blank Until Superseded
Fund Transfers Internal; bank transfers & wires GC 34090 Until audited + 2 years
General Ledgers All annual financial summaries--all agencies GC 34090
CCP 337
Until audited + 4 years
Published articles show 4 – 7 years
retention as typical
Sec. of State Guidelines
recommends permanent retention
General Plan . GC 34090 Permanent
General Plan Amendments GC 34090 Permanent
Gift to Agency Report
(FPPC Form 801)
FPPC form showing payment or donation made
to the City or to a City official and which can be
accepted as being made to the City
2 CCR
18944(c)(3)(F),
(G); FPPC Fact
Sheet : “Gifts to an
Agency – Part 2”
Originals – 7 years;
Copy must be posted on City
website
Gifts/Bequests Finance - to the City (kept with cash receipts) GC 34090 2 years
Grading Permits GC 34090 Until completed + 2 years
Grading Variances GC 34090 Until completed + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
26
Updated June 2018
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Packet Pg. 242 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Grants
Community Development Block
Grant (CDBG); Urban Development;
other Federal and State grants
Grant documents and all supporting documents:
applications, reports, contracts, project files,
proposals, statements, sub-recipient dockets,
environmental review, inventory, consolidated
plan, etc.
GC 34090
24 CFR 570.502
24 CFR 85.42
Until completed + 4 years
Grants - Unsuccessful Applications not entitled GC 34090 2 years
Hazardous Materials &
Hazardous Waste Disposal Records
Examples of hazardous materials/hazardous
waste: medical waste; used oil; pesticides
H&S 117945
H&S 118165
22 CCR 66279.91
3 CCR 6624(g)
3 years
Hazardous Materials -
Permits, Hazardous Materials Storage GC 34090
While current + 2 years
[Permanent retention of documents
regarding environmentally sensitive
materials is recommended]
Hazardous Materials -
Programs, Household Hazardous
Waste
Documents regarding federal, State or local
programs on disposal of household hazardous
waste
GC 34090 Until superseded + 2 years
Hazardous Materials -
Exposure Records, etc.
Employee exposure records; name/identity of
chemical substance used; when & where
chemical substance was used
8 CCR 3204(d) et.
seq. Length of employment + 30 years
Hazardous Materials -
Underground Storage Tank
Compliance
Documents regarding: storage, location,
installation, removal, remediation GC 34090 Permanent
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
27
Updated June 2018
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Packet Pg. 243 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Hazardous Materials -
Underground Storage Tank
Maintenance and Repair
Documents regarding: repairs, lining and
upgrades 23 CCR 2660(j),
2712 For the life of the tank
Historic Preservation Inventory Records of historic landmarks, including
historic register GC 34090 Current + 2 years
Home Occupation Permits Business license related GC 34090 Current + 2 years
Housing Programs Planning/
Successor Agency files. GC 34090 Current + 2 years
Housing Programs
Examples: First-Time Home Buyer Program,
Mobile Home Rehabilitation and Replacement
Program, CDBG Housing Program, CalHome
Program, Low/Moderate Housing programs,
Rental Housing Assistance, etc.
24 CFR 570.502
24 CFR 85.42 4 years
Insurance Personnel related GC 34090 While current, + 2 years
Insurance, Joint Powers Agreement Accreditation, MOU, agreements and agendas GC 34090 Current + 2 years
Insurance Certificates, City
Liability, performance bonds, employee bonds,
property; Insurance certificates filed separately
from contracts, includes insurance filed by
licensees.
GC 34090 While current + 2 years
Insurance, Liability/Property May include liability, property, Certificates of
Participation, deferred, use of facilities GC 34090 While current + 2 years
Insurance, Risk Management Reports Federal OSHA Forms; Loss Analysis Report;
Safety Reports; Actuarial Studies
29 CFR 1904.44
GC 34090
5 years (Federal)
2 years (State)
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
28
Updated June 2018
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Packet Pg. 244 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Investment Reports, Transactions Summary of transactions, inventory and
earnings report
GC 34090
CCP 337 Until audited + 4 years
Invoices Invoices from vendors and back-up documents
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of
State Local Gov’t
Records Mgmt.
Guidelines
recommendation
Until audited + 4 years
Job Descriptions
Descriptions of duties, qualifications,
responsibilities for each
position/classification/job title
29 CFR 1627.3 While current + 3 years
Labor Organizations
Records of payments, loans, promises or
agreements by City to any labor organization or
representative of same
29 USC 436 5 years
Land Use and Development Code GC 34090 Until superseded
Lease Agreement Property or equipment
CCP 337
CCP 337.2
CCP 343
Until terminated + 4 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
29
Updated June 2018
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Packet Pg. 245 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Legal Notices / Affidavits of
Publication or Posting
Examples: Notices of public hearings, notices
of liens, etc. Also proof of publication of
notice, or proof of posting of notice
GC 34090
Current + 2 years, unless part of a
project or matter that requires
longer retention (i.e., CEQA
documents)
Legal Opinions Confidential – not for public disclosure
(attorney-client privilege) GC 34090 Until superseded + 2 years
Licenses/Permits – Special (Events;
Solicitation)
This category DOES NOT include business
licenses/permits GC 34090 Current + 2 years
Litigation Case files GC 34090 Until settled + 2 years
Lobbying or Lobbyist Forms (FPPC
forms)
FPPC Form 602 – Lobbying Firm Activity
Authorization; FPPC Form 635 – Report of
Lobbyist Employer & Report of Lobbying
Coalition – forms used when employing or
contracting with a lobbying firm
FPPC Reg.
18615(d) 5 years
Local Appointments List
(“Maddy List”)
List of all regular and ongoing boards,
commissions, and committees appointed by the
City Council – pursuant to the Maddy Local
Appointive List Act
GC 54970
GC 34090
Until superseded (new list prepared
each Dec. 31st)
Lot Line Adjustments Land use - case files. GC 34090 Permanent
Maintenance Manuals Equipment service/maintenance GC 34090 Until superseded
Maintenance/Repair Records Equipment GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
30
Updated June 2018
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Packet Pg. 246 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Maps & Plats
Engineering & field notes and profiles; cross
section of roads, streets, right-of-way, bridges;
may include annexations, parks, tracts, block,
storm drains, water easements, bench marks,
trees, grading, landfill, fire hydrants, base maps,
etc.
GC 34090 Permanent
Marketing, Promotional Brochures, announcements, etc. GC 34090 2 years
Master Plans, Annual
Special or long range program plan for
municipalities – coordination of services;
strategic planning
GC 34090 2 years
Materials Board, Renderings Boards
& Photographs Planning/Engineering GC 34090 2 years
Memoranda of Understanding (MOU) Personnel related; agreements with employee
bargaining units resulting from negotiations
GC 34090;
29 USC 211(c)
29 CFR 516.5
Sec. of State Local
Gov’t. Records
Mgmt. Guidelines
Current + 3 years
Sec. of State recommends
permanent retention
Minutes Council/Successor Agency/Commissions. GC 34090(e) Permanent
Municipal Code GC 34090 Permanent
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
31
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 247 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Municipal Facilities
Construction
Contains records of plans, design, construction,
conversion or modification of local
government-owned facilities, structures and
systems
GC 34090
H&S 19850
For the life of the building
Municipal Facilities
Facility Rentals; Use
Permits, contracts, diagrams, schedules,
insurance binders GC 34090 Current + 2 years
Municipal Facilities
Maintenance and Operations
Service requests, invoices supporting
documentation, buildings, equipment, field
engineering, public facilities including work
orders and graffiti removal
GC 34090 2 years
Neighborhood Planning Area and neighborhood Planning case records. GC 34090 Until Completed
Newsletter, City May wish to retain permanently for historic
reference. GC 34090 2 years
Notices – Public Meetings Special Meetings GC 34090 2 years
NPDES Permits – sewage/sludge
National Pollutant Discharge Elimination
System (NPDES) – permit – sewage sludge use
and disposal – monitoring records
40 CFR 503.17 5 years
NPDES Permits -
NPDES permit - monitoring information,
including calibration and maintenance records,
original strip chart recordings, required reports
and all data used to complete the permit
application
40 CFR 122.41 3 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
32
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 248 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Nuisance Abatement
Includes citations (not police), nuisance
abatement, and liens resulting from nuisance
abatement.
GC 34090 Until settled + two years
Oaths of Office Elected and public officials (i.e., Council
members; commissioners; etc.)
GC 34090
29 USC 1113
Sec. of State
Guidelines
Current plus 6 years
Offers of Dedication GC 34090 Until Completed
Ordinances Ordinances adopted by City Council GC 34090(e) Permanent
OSHA
OSHA 300 Log, privacy case list, OSHA 300A
annual summary, OSHA 301 incident report
forms
LC 6410; 8 CCR
14300.33
29 CFR 1904.33
5 years
OSHA (Accident/Illness Reports)
Personnel - Employee Exposure Records &
Employee Medical Records regarding exposure
to toxic substances;
Exempt from public disclosure
LC 6410; 8 CCR
14300.33; 8 CCR
3204(d)(1)(A); GC
6254(c)
Duration of employment plus 30
years
Paramedic Services Documents other than original contracts. GC 34090 2 years
Parcel Map Waivers Land use - planning case files GC 34090 Permanent
Parcel Maps Land use - planning/engineering case files GC 34090 Permanent
Parking Citations Includes administrative parking citations and
appeals GC 34090 Until settled/adjudicated + 2 years
Parking Studies Engineering GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
33
Updated June 2018
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Packet Pg. 249 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Payroll - Federal/State Reports Annual W-2's, W-4’s, Form 1099s, etc.;
quarterly and year-end reports
29 USC 436
26 CFR 31.6001-4
R&TC 19530
R&TC 19704
26 USC 6001
26 CFR
301.6501(a)-1
26 CFR 31.6001-
1(e)
29 CFR 516.5 –
516.6
6 years
Payroll Deduction/
Authorizations Finance 29 CFR 516.6(c) While Current + 2 years
Payroll records (employee
information)
Records showing employee information/data –
names, addresses, etc.; hours worked; regular
and overtime wages, etc.
29 CFR 516.5
LC 1174(d),
1197.5
Length of employment + 3 years
Payroll, registers
Finance
Labor costs by employee & program
29 CFR 516.5(a)
LC 1174(d)
3 years
(Sec. of State Guidelines –
recommended permanent retention)
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
34
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 250 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Payroll, time cards/sheets Employee
29 CFR
516.6(a)(1)
LC 1174(d)
2 years
(Sec. of State guidelines –
recommends retention: until
audited + 6 years)
Payroll - Wage Rates / Job
Classifications
Employee records
LC 1197.5(d)
LC 1174(d)
GC 34090
GC 12946
29 CFR 516.6
29 CFR 1602.4
29 CFR 1627.3
While current + 3 years
Permits, Construction
Other than building permits - For signs,
grading, encroachment, including copies of
blueprints and specifications
GC 34090
Until completed + 2 years
Permits, Other
Alterations, encroachment, excavations, road,
street sidewalks & curb alterations,
transportation, swimming pool drainage,
temporary uses, etc.
GC 34090 Until completed + 2 years
PERS - Employee Benefits
Retirement Plan – annual reports required to be
filed under ERISA
PERS Employee Benefit Plan – original
document, or copies
29 USC 1027
29 CFR
1627.3(b)(2)
GC 34090
6 years
Current + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
35
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 251 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Personnel Policies -- Rules and
Regulations
Including employee handbooks, employee
manuals, and other policies/procedures
29 CFR 516.6
29 CFR 1627.3(a) Current + 3 years
Personnel Records
Payroll or other records containing name,
address, date of birth, occupation, rate of pay,
etc., including records relating to promotion,
demotion, transfer, lay-off, termination
29 CFR 1627.3 3 years
Petitions Submitted to legislative bodies GC 34090 Current + 2 years
Planning Commissioners Applications and other documents relating to
commissioners.
GC 34090
Sec. of State
Guidelines
Term of office + 5 years
Police -
Administration
Investigations
Administrative/Internal
Administrative reviews
Initiated by citizen complaints or internally
initiated; includes complaints, reports, findings,
administrative reviews regarding use of force,
etc.
[Detailed listings of retention periods for police
and other public safety records should be
governed by a separate records retention
schedule.]
PC 832.5
EVC 1045
PC 801.5
Until closed + 5 years
Policies, Administrative
All policies and procedures, directives rendered
by Council not assigned a resolution or
ordinance number
GC 34090
Until Superseded + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
36
Updated June 2018
09977.00001\1466276.6
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Packet Pg. 252 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Policies, Council/
Successor Agency/Commissions
Original policies adopted by the City
Council/Successor Agency/
Commissions.
GC 34090 Until Superseded
Political Support/Opposition,
Requests & Responses Related to legislation. GC 34090 2 years
Press Releases City related. GC 34090 2 years
Procedure Manuals Administrative. GC 34090 Until superseded + 2 years
Proclamations City issued proclamations GC 34090
2 years; if done by City Council
Resolution, then permanent
retention
Property, Abandonment Buildings, condemnation, demolition GC 34090 Permanent
Property Acquisition/
Disposition
City owned. Supporting documents regarding
sale, purchase, exchange, lease or rental of
property by City
CCP 337.15 10 years
Public Records Act Request Requests from the public to inspect or copy
public documents GC 34090 2 years
Purchasing
RFQ’s, RFP’s
Requests for Qualifications; Requests for
Proposals regarding goods and services
GC 34090 Current + 2 years
Purchasing, Requisitions, Purchase
Orders Original Documents GC 34090
CCP 337 Until audited + 4 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
37
Updated June 2018
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Packet Pg. 253 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Recordings - audio (e.g., for
preparation of meeting minutes)
Council/Commission/
Successor Agency meetings -- audio recording
“made for whatever purpose by or at the
direction of the local agency”
GC 34090;
54953.5(b)
Minimum 30 days
Recordings - routine video
monitoring, telephone, and radio
communications
Routine daily recording of telephone & radio
communications; routine video monitoring
including in-car video systems, jail
observation/monitoring systems, building
security systems. [Includes automated license
plate reader (ALPR) video recordings/data]
GC 34090,
34090.6
Videos - 1 year; Phone & Radio
communications - 100 days
(destruction must be approved by
City Council & City Attorney)
Recordings, video or digitally
recorded – meetings of legislative
bodies
Videos or digital recordings of public meetings
made by or at the direction of the city (e.g.,
Council/Commission/Successor Agency
meetings)
GC 54953.5(b) Minimum 30 days
Recordings, video or digitally
recorded (Duplicate – see Description
or Example of Record)
Other than videos or digital recordings of public
meetings; Considered duplicate records if
another record of the same event is kept (i.e.,
written minutes)
GC 34090,
34090.7
85 Ops. Cal. Atty.
Gen. 256 (2002)
Minimum 90 days after event is
recorded
Records Management Disposition
Certification Documentation of final disposition of records GC 34090 Permanent
Records Retention Schedules GC 34090 Current + 2 years
Recruitments and Selection Records relating to hiring, promotion, selection
for training 29 CFR 1627.3 3 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
38
Updated June 2018
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Packet Pg. 254 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Refuse Collection General administrative records GC 34090 2 years
Registration Forms Human Services Recreation Programs GC 34090 2 years
Release Forms/Waivers Human Services Recreation Programs GC 34090 2 years
Resolutions Resolutions adopted by the City Council and
City Commissions GC 34090(e) Permanent
Returned Checks Finance-NSF (not City checks) GC 34090 2 years after audit
Salary/Compensation Studies,
Surveys
Studies or surveys of other agencies regarding
wages, salaries and other compensation or
benefits
GC 34090 While current + 2 years
Settlement Agreements
Final, signed/approved settlement agreements
for litigation matters, claims, citations, etc.
For Workers Compensation claims – final,
signed/approved settlement agreements
GC 34090
8 CCR 10102
8 CCR 15400.2
2 years after signed/approved
5 years after signed/approved
Sewer Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years
Speed Surveys Engineering GC 34090 Until superseded plus 2 years
State Controller Annual reports. GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
39
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Packet Pg. 255 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Statements of Economic Interest -
Form 700 (copies) (elected officials)
Copies of original statements of elected officials
forwarded to Fair Political Practices
Commission (FPPC)
GC 81009(f), (g) 4 years (can image after 2 years)
Statements of Economic Interest -
Form 700 (originals) (non-elected)
Originals of statements of designated
employees GC 81009(e), (g) 7 years (can image after 2 years)
Stop Payments Finance - bank statements GC 34090 2 years
Storm Drain Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years
Street Construction/
Improvements Administrative records GC 34090 2 years
Street Vacations Offers to dedicate; drainage; access rights, etc. GC 34090 Permanent
Studies, Various City GC 34090 While current + 2 years
Taxes, Special Special tax levied by a local agency on a per
parcel basis CCP 338(m) Until audited + 3 years
Unemployment Insurance Records Records relating to unemployment insurance –
claims, payments, correspondence, etc.
26 USC 3301-
3311; Calif.
Unemployment
Insurance Code;
CCP 343
While current + 4 years
Utility Services -
Applications
Applications for utility connections,
disconnects, registers, service
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
40
Updated June 2018
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Packet Pg. 256 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Utility Services -
Billing Records
Customer name, service address, meter reading,
usage, payments, applications/cancellations
GC 34090; Sec. of
State Guidelines
recommendation
Until audited + 2 years
Utility Services -
Journals, Utility Billing Billing including monthly activity
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Connection Records Maps, water line connections
GC 34090; Sec. of
State Guidelines
recommendation
Permanent
Utility Services -
Meter Reading; Reports
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Utility Rebates, Reports GC 34090 Current + 2 years
Vouchers - Payments Account postings with supporting documents GC 34090
CCP 337 Until audited + 4 years
Wage Garnishment Wage or salary garnishment CCP 337 Active until garnishment is
satisfied; then retain until audited +
4 years
Warrant Register/Check Register
Record of checks issued; approved by
legislative body (copy is normally retained as
part of agenda packet information)
GC 34090 Until audited + 2 years
Waste Management Solid Waste – Administrative documents GC 34090 2 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
41
Updated June 2018
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Packet Pg. 257 Attachment: CC.Records Retention Policy.05.Schedule 2018.Attachment B (5766 : Records Retention,
RECORDS RETENTION SCHEDULE FOR CITIES
Destruction of any City record must have City Council approval and written consent from the City Attorney,
unless otherwise provided by law. (Gov. Code § 34090.)
Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Workers Compensation Files Work-injury claims (including denied claims);
claim files, reports, etc.
8 CCR 10102
8 CCR 15400.2 Until settled + 5 years
Legal Authority Abbreviations
CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California)
CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California)
CFR Code of Federal Regulations USC United States Code
EC Elections Code (California) LC Labor Code (California)
42
Updated June 2018
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND LAGUNA VAULT, LLC DBA DOCU-TRUST
This Agreement is made and entered into as of September 19, 2018 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 Laguna Vault, LLC DBA Docu-Trust, a
California limited liability company with its principal place of business at 145 East Mill Street,
San Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Scan, store and service any and all stored record materials of the City (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.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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.” For the purposes of this Agreement, the City
Manager shall serve as the City’s authorized representative. The City Manager may identify
City employees and agents who may access and retrieve stored records and who may submit
additional records for storage in accordance with Consultant’s practices. The City Manager may,
at any time, limit the scope of such rights afforded to City employees and agents.
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, including without limitation the Gramm-Leach-Bliley Act, 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.
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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 Consultant
under this Agreement exceed the sum of $60,000. 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.
6. Term. This Agreement shall commence on the Effective Date and shall continue
until terminated in accordance with Section 21 of this Agreement (“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 three (3)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
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sabotage or judicial restraint.
b. Should such circumstances 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.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including but not limited to Cal/OSHA
requirements and any privacy or confidentiality laws applicable to the services provided.
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.
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 e mploying 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
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Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(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
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coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers’ compensation coverage of the same type and limits
as specified in this section.
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
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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. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injur y and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(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.
g. 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 insuranc e 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.
h. 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)
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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.
i. 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.
j. 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.
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(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.
k. 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 consequential damages, expert witness fees and attorneys’
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
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proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., 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, 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 subconsultants to comply with all California
Labor Code provisions, which include but are not limited to prevailing wages, employment of
apprentices, hours of labor and debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
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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.
27. Organization. Consultant shall assign Sheri Ryan 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.
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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:
Docu-Trust
145 E. Mill Street
San Bernardino, CA 92408
Attn: Sheri Ryan, Office Manager
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 including, without limitation, the following prior
agreements between the Parties: (1) the agreement dated November 15, 2010 relating to the
storage of documents for the City Attorney’s Office; (2) the agreement dated January 25, 2017
relating to the storage of documents for the City Manager’s Office; (3) the agreement dated
February 3, 2017 relating to the storage of documents for the City’s Human Resources
Department; and (4) the agreement dated May 8, 2017 for the electronic conversion and storage
of large drawings and standard documents for the Community Development Department. Each
Party acknowledges that no representations, inducements, promises, or agreements have been
made by any person which are not incorporated herein, and that any other agreements shall be
void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
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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 occurr ence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND LAGUNA VAULT, LLC DBA DOCU-TRUST
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY
City of San Bernardino
Approved By:
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
Georgeann Hanna, CMC
City Clerk
CONSULTANT
Laguna Vault, LLC DBA Docu-Trust
Signature
Sheri Ryan
Name
Office Manager
Title
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Packet Pg. 271 Attachment: CC.Records Retention Policy.06.DocuTrust.PSA.ATTACHMENT 2 (5766 : Records Retention, Destruction, and Storage)
EXHIBIT A
City of San Bernardino Scope of Services 1
September 2018
City of San Bernardino
Records Management Scope of Services
Docu-Trust’s Records Center is continually monitored by professional security services, and is
closed to the general public. Surveillance covers the interior and exterior of our building. Facility
entrances are secured at all times with employee recognition entry points, and all approved visitors
require registration prior to gaining escorted entry into the facility. All Docu-Trust staff must pass a full
background check prior to employment. Our building and operations security procedures are audited
quarterly.
Access to inventory, via the web, phone, or otherwise is restricted to those individuals chosen by client.
An access account will be created for each individual with a unique user-name and password. Each
account can be restricted at client’s discretion.
Only those individuals that have been granted access can view and order items from inventory.
Access can be restricted so individuals can only access inventory pertaining to their specific department,
or need. Restrictions can also limit access by individual services, inventory reports, ability to change
inventory data/indexing, and any other limiting factor that the client might need.
Any new accounts can only be created by those key contacts specified by client. Any
unauthorized individual attempting to access inventory, via the web, over the phone, or in person, will
be denied.
Docu-Trust uses an inventory tracking system specifically designed for records management which
includes the following functions:
Inventory bar-coding
Box/File indexing and data management
Record retention and record series management
Billing by account and/or department
Advanced query building for reporting functions and inventory searches
Digital image management
Web based client interface to manage inventory
Destruction Options and Methodologies:
All destruction is by certified shredding as outlined by NAID. Client can run a retention report
via the on-line inventory management program to identify items that have reached the end of their
retention period. Once the items that need to be destroyed are identified, a work order is generated
and emailed to client for an authorized signature. Once the signed work order is sent back to Docu-
Trust, we then process the work order which includes three audits points.
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EXHIBIT A
City of San Bernardino Scope of Services 2
September 2018
Vault / Media Storage:
Docu-Trust has a full media vault and archive storage facility. Our vault has 8 inch concrete
walls, humidity is controlled at 45% plus or minus 5 %, and the temperature is maintained at 65°. The
lowest storage space is 4˝ above the floor and the highest storage space is 4΄ below light fixtures.
Media Rotation Services:
Docu-Trust offers daily, weekly, and monthly rotation schedules, as well as any other frequency
needed. We offer “slot” (per tape) and locked case storage. Delivery vehicles have separate cargo and
cab areas with cargo climate control that is maintained throughout transportation.
Re-file Procedures:
Each item leaving the Docu-Trust facility will be bar-coded and marked on client’s on-line
inventory as “checked-out”. All returning items are checked back in to the Docu-Trust system, and are
re-filed and scanned to their proper locations. Files are returned to the box from which they came,
unless otherwise specified by client. All re-files are completed within 24 hours.
Process to Request a box or file retrieval:
Docu-Trust’s database allows clients to search for and request boxes or files in a number of
ways. Client can search by bar-code number, box description, file name, or any other reference field
client may require. For standard delivery items this can be done on-line, over the phone, by fax
request, or via e-mail. For rush delivery items the request must be made by phone.
Access Restriction:
Access to inventory, via the web, phone, or otherwise is restricted to those individuals chosen
by client. An access account will be created for each individual with a unique user-name and password.
Each account can be restricted at client’s discretion.
Only those individuals that have been granted access can view and order items from inventory.
Access can be restricted so individuals can only access inventory pertaining to their specific department,
or need. Restrictions can also limit access by individual services, inventory reports, ability to change
inventory data/indexing, and any other limiting factor that the client might need.
Any new accounts can only be created by those key contacts specified by client. Any
unauthorized individual attempting to access inventory, via the web, over the phone, or in person, will
be denied.
Initial Pick Up from City Facilities:
There are no fees associated with the initial transfer of items from City facilities. This includes the
following activities: transportation, handling, bar-coding each item, capturing each item description
data into the inventory database, putting each item on the shelf at Docu-Trust in assigned storage
location.
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Packet Pg. 273 Attachment: CC.RecordsRetention Policy.07.DocuTrust.PSA.Scope of Services Rate Sheet.Exhibit A_ (5766 : Records Retention, Destruction,
EXHIBIT A
City of San Bernardino Scope of Services 3
September 2018
All boxes must be in fair condition. A box in fair condition is not ripped, falling apart, or
otherwise jeopardizing the safety of the items being stored inside. Boxes that do not meet this
description must be re-boxed. Docu-Trust will perform the re-boxing labor for free. The City must
purchase or provide the boxes.
List of Charges for Removing All Boxes During a Contract Period:
If the City were to remove all inventory from Docu-Trust during a contract period the following
charges would apply: pull fee per item, permanent removal fee per item, transportation fees and
storage fees for the remaining contract period based on the current inventory level at time of
cancellation.
List of Charges for Removing All Boxes at the End of a Contract Period:
If the City were to remove all inventory from Docu-Trust at the end of a contract period the
following charges would apply: pull fee per item, permanent removal fee per item, and transportation
fees.
Guarantees:
Delivery/Pulls and Pickup/Re-files are guaranteed within allotted times per attached Schedule A,
Performance reports are available on line and are tracked by work order request.
Flat Storage:
Flat file filing cabinets or custom flat file containers are available for purchase, or we can move
flat file filing cabinets to Docu-Trust. Storage pricing for filing cabinets or “odd sized” containers is
charged per cubic foot as outlined in the attached Schedule A.
Plan Storage and Record Conversion:
Docu-Trust will provide for purchase various types of storage bags to pack up large drawings for
transport to scanning site and for archiving in our commercial record center once conversion is
complete. Each bag/container will be given a unique barcode with a corresponding inventory list. The
inventory list can be captured manually via an excel spreadsheet for detailed description and legal
retention periods. The City of San Bernardino can also use our online records inventory system to key
directly into our records management system. The unique barcode will allow us to track chain of custody
as soon as it leaves the building to maintain inventory integrity while project is underway.
Inventorying the descriptions of each bag/container before being transferred will enable
authorized staff to locate/reference records during imaging conversion process. In addition, legal
retention periods can be tracked per bag/container if present. Drawing bags/containers will be picked
up and taken to a state of the art Commercial Records Center with multi levels of security including
face/license plate recognition. Once records are received and reconciled by receiving clerk, they will be
input to our records management system and prepped for imaging. Each drawing/document will be
indexed accordingly based on client requirements (TBD). Converted images and corresponding metadata
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Packet Pg. 274 Attachment: CC.RecordsRetention Policy.07.DocuTrust.PSA.Scope of Services Rate Sheet.Exhibit A_ (5766 : Records Retention, Destruction,
EXHIBIT A
City of San Bernardino Scope of Services 4
September 2018
will be given back to the City of San Bernardino in required import format via FTP site or disc. Once
records are converted, bags/containers will tagged as “imaged” with imaging date for future reference.
Bags/containers will then be stored on our record center and accessible through our online module if
physical documents are ever needed. Authorized users can be set up on our records management
system to ensure only approved staff will have access to physical records if needed. A sample load file
will be sent to the City of San Bernardino for approval prior to project commencing. The above solution
will not only address your space issues and accessibility, it will also increase level of service by being able
to provide records quickly to end users. Not to mention, you will be implementing a secure and
compliant Records Management process to be followed going forward.
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Packet Pg. 275 Attachment: CC.RecordsRetention Policy.07.DocuTrust.PSA.Scope of Services Rate Sheet.Exhibit A_ (5766 : Records Retention, Destruction,
Docu-Trust Service Charges / Schedule A / Schedule of Rates
City of San Bernardino Cubic Foot Price (Per Box)
MONTHLY STORAGE CHARGES:
Standard Box (10.5" x 12.5" x 16")1.2 0.350$ 0.29$ per cubic foot
Legal Transfer Box (10.5" x 15.75" x 25.5")2.5 0.720$ 0.29$ per cubic foot
Blueprint XL (36" Cir x 48" L)2.5 1.120$ 0.45$ per cubic foot
Blueprint L (26" Cir x 45" L)1.5 0.600$ 0.40$ per cubic foot
Blueprint M (18" Cir x 45" L)1 0.340$ 0.34$ per cubic foot
Check Box (10" x 5" x 25.5")1 0.350$ 0.35$ per cubic foot
Ledger Box (13" x 13" x 18")2.4 0.950$ 0.40$ per cubic foot
X-Ray Box (6" x 20.5" x 16")2 0.600$ 0.30$ per cubic foot
Letter Transfer Box (11" x 13" x 25.5")2.5 0.650$ 0.26$ per cubic foot
Letter Transfer Box-Drawer (11.5" x 14.5" x 25.5")3 1.250$ 0.42$ per cubic foot
Odd size box 0.21$ per cubic foot
Fire Proof Vault Media Container (10.5" x 12.5" x 16")1.2 3.500$ 15.00$ per day
Fire Proof Vault Media Container (10.5" x 12.5" x 16")1.2 7.500$ 25.00$ per week
Minimum (Up to 100 c.f.)(Per customer)-$ per month
INITIAL TRANSFER, ENTRY OF INFORMATION, ADDING CONTAINERS:
Initial pick-up of new files or boxes for New Accounts -$ no charge
Indexing files, from a list 0.80$ per file
Indexing files, within a container 1.05$ per file
New Container Registration via Web:-$ no charge
New Container Registration:2.50$ per box
(Includes one line of data-entry, inventory and bar-code label)
SUPPLIES:
Standard Container 1.2 cf (10" x 12" x 15")1.75$ each
Legal Ledger Box 2.4 cf (15" x 10" x 24)5.00$ each
Blue Print Storage Bags XL (36" Cir x 48" L)3.25$ each
Blue Print Storage Bags L (26" Cir x 45" L)1.95$ each
Blue Print Storage Bags M (18" Cir x 45" L)1.65$ each
Media Hard Case (rental)(10" x 5" x 3" or smaller)no charge rental per month
Media Hard Case (purchase)-$ please quote
(Special Order boxes available) Boxes sold in bundles of 25, minimum order.
RETRIEVAL / RE-FILE:
Will-Call Standard - Next Day (8am-5pm)(Up to 3 cf)2.10$ per file
Standard - Next Day (8am-5pm)(Up to 3 cf)2.10$ per file
Will-Call Standard - Next Day (8am-5pm)(Up to 3 cf)2.10$ per container
Standard - Next Day (8am-5pm)(Up to 3 cf)2.10$ per container
Rush - Under 3hrs (8am-5pm)(Up to 3 cf)3.00$ per item
Emergency - Under 1hrs (8am-5pm)(Up to 3 cf)5.00$ per item
After Hours - Under 3hrs (5pm-9am)(Up to 3 cf)10.00$ per item
File Not Found 5.00$ per file
Bulk Container (3 to 5 cf)3.00$ per item
Bulk Container (over 5 cf)-$ please quote
OTHER SERVICE CHARGES:
Re-box Labor (for damaged or unusable boxes)4.25$ per box
Photocopy/Facsimile/Email 0.20$ per page
Mailing plus cost postage 2.00$ plus postage
Library of Information Each megabyte 0.03$ per month
Telephone Reference 2.50$ per reference
Misc Labor 1.00$ per minute
Free Electronic E-Mail Invoicing -$ no charge
Paper Invoice Mailed (free electronic invoicing available)5.00$ per month
Reference Room rental Small Room 45.00$ per half day
DOCUMENT IMAGING:
Document Imaging Letter Size and Legal Size 0.08$ per image
Document Imaging Large Drawings 1.25$ per image
Indexing, data entry up to 5 Fields -$ per file / document
OCR Documents 0.01$ per image
Advanced Data Extraction 0.01$ per document
Document Reassembly 0.02$ per page
Document Special Handling Additional Prep 45.00$ per hour
Hourly Labor Per Person Special Projects 45.00$ per hour
Professional Service Fees 175.00$ per hour
PICK-UP AND DELIVERY SERVICE:
Will-Call Standard - Next Day (Cut off time 12:00pm - up to 12 cf per/m)2.50$ no charge
Will-Call Rush - Within 3 hours (Cut off time 2:00 pm)12.50$ per order
Will-Call Emergency Within 1 hour (Cut off time 4:00 pm)25.00$ per order
Standard Delivery - Next Day (Cut off time 12:00 pm)15.00$ per trip
Rush Delivery - Within 3 hours (Cut off time 2:00 pm)25.00$ per trip
Emergency Delivery Within 1 hour (Cut off time 4:00 pm)50.00$ per trip
After Hours Delivery within 3 hours (5pm-8am)95.00$ per trip
Handling 1.00$ per item
Shredding pickup 35.00$ per trip
DESTRUCTION & RECYCLING:
Certified Destruction by Shredding 3.75$ per 1.2 cubic feet
Certified Destruction Console (35 gallon) (plus shredding) (minimum 1 rotation per/month)50.00$ per rotation
PERMANENT REMOVAL:
Permanent Removal box/file (Includes Certified Destruction does not include Retrieval)3.75$ per cubic foot
Wooden Pallets* (Order fee plus Replacement Cost)5.00$ plus pallet
*(For preparation, documentation, shrink wrapping as needed, preparing the deposits, prior to destruction, or removal from storage)
NOTES:
4
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Packet Pg. 277 Attachment: HR.Director of Community Economic Development.Report.2018-10 (5767 : Director of Community and Economic Development (U)
complete Community Development Department that is focused on careful land use
planning, creating jobs, providing quality housing and development.
A new job description is attached and would create single director for a new merged
department of Community and Economic Development. Careful effort has been made
to emphasize the skills and abilities necessary to direct, administer, and mentor this
newly integrated department. The salary savings realized will assist in recruiting and
securing an experienced director with the communication and collaboration skills
necessary to run a diverse department. Savings would also be utilized by the new
director to support additional adjustments in the department necessary to allow this
individual to have sufficient time to administer a slightly larger department and to work
on training and communication needs.
Discussion
A survey of existing, similar positions in other cities was conducted and the level of
responsibility, education and experience requirements was compared to the City’s
existing classification system. The pay range was established based on this analysis.
DELETE Director of Community Development (U)
Salary Range 4666
Bottom Top
Annual Salary $147,600.00 $179,400.00
Benefits $68,373.41 $80,014.75
Total Salary/Benefits $215,973.41 $259,414.75
DELETE Director of Economic and Housing
Development (U)
Salary Range 4659
Bottom Top
Annual Salary $142,536.00 $173,244.00
Benefits $66,519.58 $77,761.16
Total Salary/Benefits $209,055.58 $251,005.16
PROPOSED
Director of Community and Economic Development (U)
Salary Range 4688
Bottom Top
Annual Salary $164,712.02 $200,208.02
Benefits $74,637.77 $87,632.14
Total Salary/Benefits $239,349.79 $287,840.16
A salary savings will occur with this transition although further assessment and
restructuring is anticipated and will occur once an executive recruitment is completed for
9/28/2018 9:38 AM
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Packet Pg. 278 Attachment: HR.Director of Community Economic Development.Report.2018-10 (5767 : Director of Community and Economic Development (U)
the newly established Director’s position. A resolution establishing and approving the
new classification and job description is attached for approval (Attachment 1).
2018-19 Goals and Objectives
The request to approve and establish the job description and classification of the
Director of Community & Economic Development (U) aligns with Goal No. 3: Create,
Maintain and Grow Jobs and Economic Vitality; Goal No. 4: Ensure Development of a
Well Planned, Balanced, Sustainable City; and Goal No. 5: Improve City Government
Operations.
Fiscal Impact
Consolidating the departments will result, initially, in a General Fund savings, which will
be redirected to support community and economic development goals and objectives.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2018-280, approving the deletion of existing
classifications of Director of Community Development (U) and Director of Economic and
Housing Development (U) and approving the classification and job description for the
Director of Community and Economic Development (U).
Attachments
Attachment 1 Resolution No. 2018-280; Exhibit A – Job Description
Ward:
Synopsis of Previous Council Actions:
9/28/2018 9:38 AM
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Packet Pg. 279 Attachment: HR.Director of Community Economic Development.Report.2018-10 (5767 : Director of Community and Economic Development (U)
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RESOLUTION NO. 2018-280
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DELETING EXISITING CLASSIFICATIONS OF
DIRECTOR OF COMMUNITY DEVELOPMENT (U) AND DIRECTOR OF
ECONOMIC AND HOUSING DEVELOPMENT (U) AND APPROVING THE
CLASSIFICATION AND JOB DESCRIPTION FOR THE DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT (U)
WHEREAS, the City continues to examine opportunities to effectively enhance City
operations and position the City to pursue economic development goals and incentivize new
development;
WHEREAS, an opportunity exists to consolidate the Community Development and
Economic Development and Housing Departments;
WHEREAS, with the loss of redevelopment, the City has few remaining incentives for
development and must now rely on a highly organized and refined development and permitting
process to compete for new business and to assist in the retention of existing businesses;
WHEREAS, in the past, staff often has worked in discreet silos, with departments
often working independently within their respective areas of responsibility; and
WHEREAS, restructuring the two departments to a more tightly knit work unit allows
for increased flexibility and the opportunity to maximize the use of limited staff resources and
improve the level of service and attention provided to clients.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The classification of Director of Community Development (U), Range
4666, $12,300.00 - $14,950.00 per month, and the classification of Director of Economic and
Housing Development (U), Range 4659, $11,878.00 - $14,437.00 per month are hereby
deleted;
SECTION 2. The classification of Director of Community and Economic
Development (U), Range 4688, $13,726.00 - $16,684.00 per month, is hereby established and
the job description for said position, attached hereto and incorporated hereto as “Exhibit A”, is
hereby approved;
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SECTION 3. The Director of Human Resources is authorized to update Resolution
No. 2018-181 to reflect these actions;
SECTION 4. The Director of Finance is authorized to amend the FY 2018/19 budget
to reflect these actions.
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Packet Pg. 281 Attachment: HR.Director of Community Economic Development-Attachment 1- Resolution (5767 : Director of Community and Economic
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DELETING EXISITING CLASSIFICATIONS OF
DIRECTOR OF COMMUNITY DEVELOPMENT (U) AND DIRECTOR OF
ECONOMIC AND HOUSING DEVELOPMENT (U) AND APPROVING THE
CLASSIFICATION AND JOB DESCRIPTION FOR THE DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT (U)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a meeting thereof, held on
the day of , 2018, by the following vote, to wit:
COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
MARQUEZ ______ ______ ______ ______
BARRIOS ______ ______ ______ ______
VALDIVIA ______ ______ ______ ______
SHORETT ______ ______ ______ ______
NICKEL ______ ______ ______ ______
RICHARD ______ ______ ______ ______
MULVIHILL ______ ______ ______ ______
___________________________
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this of ,
2018.
___________________________
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: ____________________________________
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Packet Pg. 282 Attachment: HR.Director of Community Economic Development-Attachment 1- Resolution (5767 : Director of Community and Economic
EXHIBIT A
Class Code:___________
M/CC Date Adopted: _____________
City of San Bernardino Signature:
Director of Human Resources
Bargaining Unit: Management/Confidential
Class Specification
DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT (U)
JOB SUMMARY
Under general policy direction, plans, organizes, and directs the Community and Economic
Development Department; advises the City Manager and the Mayor and City Council on the
operations of planning, building and safety, economic development, affordable housing and
property asset management matters; and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
Director of Community and Economic Development is responsible for managing, directing and
integrating the functions, programs and activities of the Planning Division, Building Division,
Engineering, Economic and Housing Development. Responsibilities are broad in scope and
involve highly sensitive and publicly visible operations, projects and processes that require a
high degree of policy, program and administrative discretion and high ethical standards. The
incumbent reports directly to the City Manager and collaborates with a broad range of officials
both internal and external to the organization, business leaders, development professionals and
the general public to achieve the cities goals and objectives.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties listed below are intended only as illustrations of the various types of work that may
be performed. The omission of specific statements of duties does not exclude it from the
position if the work is similar, related or a logical assignment to this class.
1. Plans, organizes, directs, encourages, mentors, and evaluates the work of the
Community and Economic Development department; with subordinate managers and
supervisors, establishes operational plans and initiatives to meet department goals;
coordinates and integrates functions and responsibilities to achieve optimal efficiency
and effectiveness; develops and monitors performance against the departmental budget.
Ensure department’s resources are allocated in a fashion that enables assignments to
be completed efficiently, successfully and within established timeframes.
2. Plans and evaluates the performance of managers, supervisors, and staff; establishes
performance requirements and personal development targets; monitors performance
and provides coaching for performance improvement and employee development;
provides or recommends compensation and other rewards to recognize performance;
takes disciplinary action up to and including termination, address performance
deficiencies, in accordance with the City’s human resources policies and procedures,
personnel rules and labor contract provisions.
3. Creates and implements economic development strategies, plans, projects and policies
which capitalize on existing City and community assets and identifies new development
opportunities for maximum economic vitality and value. Participates in collaboration with
the City Manager, elected officials and other managers in establishing strategic plans for
the City; sets overall management and policy goals and objectives for a department
Director of Community & Economic Development (U) Page 1
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EXHIBIT A
within the framework of the City Manager and City Council policies and mandates;
coordinates department program and policy issues with managers on a City-wide basis.
Proactively identifies existing business assets, needs and concerns and provides
outreach and strategies to facilitate development consistent with those opportunities.
Ensures the protection of the City real property assets, managing City surplus and/or
enterprise real properties including acquisition, management, leasing, rental, and
disposal.
4. Directs and oversees services provided by the Planning and Building & Safety Division,
including general plan compliance, regional planning, environmental planning, and
related programs, as well as building and safety code inspection, plan checking,
permitting, and building inspection programs.
5. Directs and oversees the HOME Investment Partnerships Program, Storm water
Pollution, Community Development Block Grant (CDBG), Emergency Solutions Grants
(ESG) and related projects and programs and administers special funds, programs and
projects including grant research and writing.
6. Negotiates, administers, and measures third-party entity performance related to
contracts and agreements. Performs selection processes for consultant services and
contracts and development agreements to ensure fiscal compliance and delivery of
desired results.
7. Develops and reviews reports of findings, alternatives and recommendations involving a
broad range of complex planning, land development, building safety and code issues,
economic development efforts, affordable housing and asset management issues.
8. Makes presentations before the City Council, other agencies, community groups and the
media on the City’s development services operations and initiatives, economic
development, affordable housing and asset management initiatives; and, ensures that
the documentation required for consideration by the Mayor and City council and other
boards are timely and thorough; tracks the preparation of staff reports for City Council
consideration.
9. Monitors national and regional trends related to municipal community and economic
development services and evaluates their impact on San Bernardino; recommends
policy and process changes and improvements.
GENERAL QUALIFICATIONS
Knowledge of:
1. Theory, principles, practices and processes of effective executive management, current
and advance urban planning, zoning and development; City code promulgation; related
land and community development practices; property management, economic
development, affordable housing and asset management practices at the municipal
government level.
2. Federal state and local laws, rules and regulations and case law applicable to those
dealing with federal and state housing programs, grants, the acquisition, leasing, and
sale of property, contracts and eminent domain related issues and other areas of
responsibility.
3. Principles, practices, trends, and inspection processes of land use, zoning,
building/housing construction, building code compliance, public administration, including
budgeting, purchasing, contract administration, risk management/safety, hearing
processes and maintenance of public records as they pertain to the responsibilities of
the position.
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EXHIBIT A
4. Financial procedures and regulations including those related to federal and/or state grant
programs, governmental fund management, and sources of funding for meeting
community development program and service delivery needs.
5. Organization, functions, legal requirements, and practices of the City Council, Planning
Commission, Housing Authority, joint powers authorities and other
boards/committees/working groups.
6. Principles and practices of sound business communication, public relations and
marketing, including terminology utilized in real estate and the development; public
administration, including budgeting, purchasing, contract administration, maintenance of
public records and effective use of websites and social media.
7. Market data sources and collection techniques. Research methods and statistical and
analytic techniques and applications related to urban growth, economic development,
affordable housing, modern transportation, and asset management, including
development analysis of specific projects and other areas of responsibility.
8. City human resources policies and procedures, personnel rules, labor contract
provisions, and personnel rules.
9. Technology resources and trends related to the functions of the position and their
application to the accomplishment of the mission of the Department. Research methods
and data analysis techniques. Uses and operations of a computer and standard
business software applications including word processing and spreadsheet applications.
10. Economic and community development practices and principles including business
attraction and retention, strategic and community planning, permit and process
streamlining, marketing and advertising, and strategies to develop efficient, productive
and profitable ventures and programs within the context of the community’s social,
cultural and political values; experience with the integration of economic and community
development practices and the delivery of development related services is highly
desirable.
11. Uniform Building and Safety Codes, and principles, practices and local codes and
ordinances related to land use, planning, and building and safety construction.
12. Application of geographic information systems (GIS) and online permit systems to
analyze, manage, and administer land and economic development programs.
Ability to:
1. Plan, organize, control, manage, integrate and coordinate the work of a complex
department providing comprehensive citywide urban planning, land development
engineering, building safety programs and services, municipal building code compliance,
property management and communitywide economic development, affordable housing
and asset management programs and services.
2. Define complex management, fiscal, budget, master and strategic planning, community
development, infrastructure improvement issues, economic development and property
management issues, and perform difficult analyses and research, evaluate alternatives
and develop sound conclusions and recommendations
3. Understand, interpret, explain and apply federal, state and local policy, law, regulations,
court and case law applicable to areas of responsibility.
4. Evaluate department programs and services and makes changes or recommendations
for improvement and Develop budgets that maximize available resources for optimal
outcomes.
5. Communicate effectively orally and in writing to diverse audiences; present ideas and
concepts persuasively in speaking before groups or in writing for publication. Prepare
clear, concise and comprehensive correspondence, reports, studies and other written
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EXHIBIT A
materials. Negotiate, write and administer contacts. Exercise tact and diplomacy in
dealing with sensitive and complex issues and situations; effectively represent the city in
negotiations and other activities on a variety of difficult, complex, sensitive and
confidential issues.
6. Establish and maintain effective and collaborative working relationships with others.
7. Supervise, evaluate, motivate, coach, mentor, and develop assigned staff.
8. Exercise sound, expert independent judgement within general policy guidelines.
9. Establish and maintain collegial working relationships with the City Manager, City
Council, City Staff, representatives of the development and land development sector,
business owners, property owners, the community at large, business and neighborhood
associations, regulatory and other governmental agencies, granting organizations,
media, and others encountered in the course of work.
10. Deal constructively with conflict and develop effective resolutions.
11. Maintain the highest standards of integrity and professional ethics in complex dealings
with diverse stakeholders.
12. Analyze impacts of various functions and projects and prioritize those with the greatest
community impact. Analyze, evaluate, and manage risks associated with development
proposals and property management. Research analyze, and report conclusions on a
variety of real property issues including appraisal of property rights, lease proposals, and
property acquisition.
13. Capitalize on existing resources such as the airport, educational institutions, and City
and privately owned properties. Attract and retain businesses through effective outreach
and marketing. Develop effective marketing tools to facilitate business retention,
expansion and attraction and housing opportunities.
MINIMUM QUALIFICATIONS
Any combination of education and experience that provides the required knowledge, skills, and
abilities to perform the essential job duties of the position is qualifying.
Education, Training and Experience:
A typical way of obtaining the knowledge, skills, and abilities outlined above is graduation
from an accredited four-year college or university with major coursework in public or
business administration urban planning or closely related field. At least ten (10) years of
progressively responsible community development and engineering services, including
planning, building, economic development and housing; at least five (5) years of which were
in a management capacity or an equivalent combination of training and experience.
Accreditation shall be by a national or regional accreditation body that is recognized by the
Secretary of the United States Department of Education.
Licenses; Certificates; Special Requirements:
A valid California driver's license and the ability to maintain insurability under the City's
vehicle insurance program may be required for certain assignments.
PHYSICAL DEMANDS
The physical and mental demands described here are representative of those that must be met
by an employee to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
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EXHIBIT A
While performing the duties of this class, employees are regularly required to sit; talk or hear, in
person and by telephone; use hands repetitively to finger, handle, feel or operate computers
and other standard office equipment; and reach with hands or arms. The employee frequently is
required to walk and stand.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this class. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The employee works under typical office conditions, and the noise level is usually quiet.
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Packet Pg. 287 Attachment: HR.Director of Community Economic Development Classification-Attachment 1- Exhibit A (5767 : Director of Community and
9/28/2018 9:04 AM
Staff Report
City of San Bernardino
Request for Council Action
Date: October 3, 2018
To: Honorable Mayor and City Council Members
From: Mayor Davis, Council Members Benito Barrios, John Valdivia, Fred
Shorett and Bessine Richard
By: Renee Brizuela, Administrative Assistant to City Council
Subject: League of California Cities Annual Conference and Expo 2018 –
September 12-14, 2018
Recommendation
Receive an oral report from Mayor Davis and Council Members Barrios, Valdivia, Shorett
and Richard.
Background
On September 12-14, 2018, Mayor Davis, Council Members Barrios, Valdivia, Shorett
and Richard attended the League of California Cities Annual Conference and Expo 2018
in Long Beach, CA.
Discussion
The Mayor and Council Members will provide an oral report on the League of California
Cities Annual Conference and Expo 2018 at this evening’s meeting.
2018-19 Goals and Objectives
They attended the League of California Cities Annual Conference and Expo 2018 to gain
knowledge for future policy making decisions. It aligns with Goal Number 3 which is to
Create, Maintain and Grow Jobs and Economic Value in the City.
Fiscal Impact
The early bird registration fee for each attendee was $525.00. Additional travel
expenses will be submitted and paid from their respective meeting and conferences
budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the oral report.
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Packet Pg. 288 Attachment: MCC.League of California Cities Annual Conference and Expo 2018 - September 12-14, 2018 - Mayor Davis, Council Member's
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Attachments
Attachment 1 § 532323- Government Code on Reporting Trips
Attachment 2 AB 1234 Report on Meetings Attended
Attachment 3 League of California Cities Annual Conference and Expo 2018
Brochure
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Packet Pg. 289 Attachment: MCC.League of California Cities Annual Conference and Expo 2018 - September 12-14, 2018 - Mayor Davis, Council Member's
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Packet Pg. 290 Attachment: MCC.LCCAC § 532323- Government Code on Reporting Trips(Attachment 1) (5768 : League of California Cities Annual Conference
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Packet Pg. 291 Attachment: MCC.LCCAC AB1234 Report on Meeting (Attachment 2) (5768 : League of California Cities Annual Conference and Expo 2018 –
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Packet Pg. 292 Attachment: MCC.League of CA Cities Annual Conference 2018 Brochure(Attachment 3) (5768 : League
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Packet Pg. 307 Attachment: MCC.League of CA Cities Annual Conference 2018 Brochure(Attachment 3) (5768 : League
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Packet Pg. 308 Attachment: CD.Development Permit Type P 18-01 Report.docx (5769 : Development Permit Type-P 18-01)