Approved for use:02/24/2025
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PROFESSIONAL SERVICES AGREEMENT
FOR SECURITY GUARD SERVICES
(City of Barstow / [Company or Alltech Industries, Inc.)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Barstow, a California municipal corporation (“City”), and Alltech Industries Inc., a Corporation in California.
RECITALS
2.1 City has determined that it requires the following professional services from a consultant: Security Guard Services.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
2. DEFINITIONS
3.1 “Scope of Services” means such professional services as described in “Exhibit A” attached herewith and fully incorporated herein by this reference. [CAUTION – avoid attaching Consultant’s written proposal for the Scope of Work, as it may include provisions that conflict with the terms and conditions of this Agreement. It is best to draft a separate scope as Exhibit A.]
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s no more than $92,096.80 per year. The fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee
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Packet Pg. 190 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means ________________ [enter commencement date].
3.4 “Termination Date” means __________________ [enter termination date].
3.5 “City Agreement Administrator” means Chief Chris Kirby. The Agreement Administrator shall be the principal point of contact at the City for this project.
3.6 “Consultant Project Administrator” means Oscar Gamez.
3. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 19 (“Termination”) below.
5. CONSULTANT’S SERVICES
6.1 Time is of the essence in Consultant’s performance of services under this Agreement.
6.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ___________________ ($__.__) (“Maximum Amount") unless specifically approved in advance and in writing by City. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s
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Packet Pg. 191 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.
6.3 Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
6.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
6.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
6.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________ [enter name of Consultant’s contact for purposes of Agreement] shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.
No other person shall serve as Consultant Project Administrator without City’s prior written consent.
6.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
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Packet Pg. 192 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
6.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
6.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.
6.11 Pursuant to California Labor Code Sections 1773.2 and 1775, the Consultant shall forfeit as a penalty to City $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by Consultant or by any Subcontract under Consultant in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant.
6.12 Pursuant to Labor Code § 1776, each consultant and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
The payroll records enumerated under subdivision (a) shall be verified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.”
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Packet Pg. 193 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
6. COMPENSATION
7.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
7.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.
7.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.4 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement.
Consultant shall not undertake any such work without prior written approval of the Project Administrator.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s
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Packet Pg. 194 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
10. INDEMNIFICATION
11.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs
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Packet Pg. 195 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
11.4 The obligations of Consultant under this section of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
11.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
11.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
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Packet Pg. 196 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
11. INSURANCE
12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
12.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.
12.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
12.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
12.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
12.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.
12.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000). In the event Consultant’s
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Packet Pg. 197 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
12.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
12.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
12.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
12.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.
12.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
12.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any
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Packet Pg. 198 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
12.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
12.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.
12.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.
12.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 11 of this Agreement.
12.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
12.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
12.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
12.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
16.a
Packet Pg. 199 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
12. MUTUAL COOPERATION
13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
16.a
Packet Pg. 200 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Chris Kirby
Chief of Police
220 E. Mountian View St
Barstow. CA 92311
Telephone: (760) 256-2211
Facsimile
If to Consultant:
Oscar Gamez
Alltech Industries Inc
301 E. Pomona Blvd.
Monterey Park. CA 91755
Telephone: (323) 450-2168
Facsimile: (323) 450-2169
With courtesy copy to:
Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]
17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 11, Section 14, Paragraph 13.2 and Section 15 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
19.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
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Packet Pg. 201 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.
19.2. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.
19. GENERAL PROVISIONS
20.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
20.2 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
20.3 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
20.4 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
20.5 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal
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Packet Pg. 202 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
20.6 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
20.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.
20.8 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
20.9 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to
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Packet Pg. 203 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
employees and applicants for employment, the provisions of this nondiscrimination clause.
[Add the following paragraph 20.10, 20.10.1 and/or 20.10.2, as applicable, for consulting contracts with multiple phases, or contracts that relate to, or are prior to, subsequent phases of a larger project.]
20.10 Conflict of Interest / Multiple Phase Projects – This Agreement is subject to the requirements of Government Code § 1097.6 relating to consultants entering into subsequent or multiple contracts for the same project.
20.10.1 Engaging or Advising on Public Contracting on behalf of the City.
A. The scope of Consultant’s work is limited to conceptual, preliminary, or initial plans or specifications for a prior stage of the project.
B. Consultant shall provide access to the work, such that all bidders or proposers for the subsequent stages shall have access to the same information as Consultant, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
20.10.2 Multiple Project Phases.
A. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
B. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
C. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
This Agreement shall be binding on successors and assigns of the parties.
Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
The Recitals are incorporated by this reference.
(Signature page follows)
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Packet Pg. 204 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
[insert name]
By___________________________ By:_______________________________ [insert name], insert title]
Date:______________________ Date:_________________________ Attest:
By
Andrea Flores, City Clerk
Date:_______________________
Approved as to form:
By__________________________________
Matthew T. Summers, City Attorney
Date: __________________________
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Packet Pg. 205 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard “EXHIBIT A”
SCOPE OF WORK
A-1
307952.6
The Scope of Work, as modified through negotiation or written addendum issued by the City, will be incorporated into the Agreement.
The Agreement term will be for two (2) years, with a unilateral option for the City, at its sole discretion, to renew for one (1) additional one-year term. This contract is intended to secure qualified professional security guard services capable of meeting the City’s needs for various facilities outlined in this Scope of Work. The professional security guard service provider shall:
o Actively patrol assigned areas by both vehicle and foot according to a prearranged schedule. o Provide all services using qualified, experienced personnel consistent with industry standards, diligence, and skill.
o Ensure a professional security guard is on duty at all times during the scheduled patrol period.
o Provide appropriate coverage for all lunches and breaks. o Supplement patrols with a marked, company-owned motorized vehicle to deter illegal activity.
o Provide and maintain the patrol vehicle, including all costs related to maintenance, fuel, and/or charging.
The selected provider shall deliver daily reports to City staff describing:
o Daily patrol activity
o Observations
o Any interactions with the public
The selected agency must demonstrate:
o Significant expertise in the services required.
o The ability to share data and jointly develop services that meet the City’s needs. Professional security guard services shall include patrolling all designated locations specified in “Performance Duties” (page 5).
Required coverage schedule:
o Seven (7) days per week
o 9:00 PM to 5:00 AM
o Including holidays
o Schedule may be modified by mutual agreement between the City and the provider.
Specific Service Requirements
Monitor all designated areas listed under ensuring all legally required breaks are covered by a qualified guard.
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Packet Pg. 206 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6
166385.1
Monitor the encompassing area and conduct walkthroughs of all parks and facilities, including common areas and throughways, during the assigned shift. Immediately report suspicious activity and contact appropriate emergency personnel when safety is compromised or criminal activity is observed. Deter illegal activity and ensure all travel areas remain clear and accessible. Alleviate and deter activity that is not conducive to the appropriate or productive use of City areas.
Document questions or concerns raised by community members and relay the information to City staff for follow-up.
Maintain high visibility at all times:
o Guards must wear a professional uniform and badge.
o Guards must remain vigilant while patrolling.
o Cell phones may be used only for work-related purposes. o Two-way radios and/or work-related cell phones shall be used to relay information promptly to City staff or emergency responders. Promote mutual trust and cooperation with the public and visitors within the patrol area. Maintain courteous and professional conduct at all times with the public and public officials.
The City will provide the provider with a list of relevant City contacts, including City staff, Barstow Police Department, and Barstow Fire Protection District. The provider shall participate in frequent meetings with City staff to:
o Review service effectiveness
o Discuss activity and trends observed
o Address areas of concern
o Evaluate and adjust services as needed
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Packet Pg. 207 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard “EXHIBIT B
”
APPROVED FEE SCHEDULE
B-1
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Not to Exceed $ 92,096.80
Patrol Officer $31.54 per hour
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Packet Pg. 208 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6
NON-COLLUSION DECLARATION
TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ____________________ of ____________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory
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Packet Pg. 209 Attachment: PSA for Security Guard Services (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard Professional Services Agreement
(City of Barstow / [Company or Individual])
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WORKERS’ COMPENSATION
INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:
By: __________________________________________
Signature
__________________________________________
Title
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CAMPAIGNCONTRIBUTIONDISCLOSURE
PROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept, solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision is rendered by the City. This prohibition commences when your application has been filed, or the proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 months following the date a final decision is rendered by the City.
No agent to a party or participant shall make a contribution in any amount to a councilmember of commissioner during the proceeding and for 12 months following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received contribution of more than $500 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or
commissioner receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the relevant proceeding, whichever comes last, that councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.
When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
To determine whether a campaign contribution of more than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding 12
months, all contributions made by you or your agent during that period must be aggregated.
Names of current City councilmembers and commissioners are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE
FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
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Packet Pg. 249 Attachment: Security Guard (6223 : Approval of Professional Services Agreement for Alltech Industries, Inc.- Security Guard Service) Joint Special Council/BFPD
12/16/25 05:30 PM
Finance
Rene Palmer
Contract
Doc ID: 6224
AGENDA ITEM
AGENDA MATTER:
AWARD OF CONTRACT FOR JANITORIAL SERVICES- PARKS
EXECUTIVE SUMMARY:
Staff has completed the review of the proposals submitted to the City of Barstow for the Request for Proposal (RFP) of Security Guard Services for the purpose of providing professional Janitorial Services for city-wide designated restrooms and facilities.
The city had several bidders on this Request for Proposal. Titan Janitorial was selected based on their competitive price and their extensive experience and current contract with outstanding service provided to the CIty of Barstow.
DISCUSSION:
The purpose of this Request for Proposals (RFP) is to select the most-qualified Contractor to Provide Janitorial Services for the City of Barstow. The City wishes to obtain janitorial services for all City facilities mentioned under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.
The City of Barstow is seeking a contractor qualified to provide janitorial services to all City Park facilities. The service task shall include but will not be limited to the information shown below. If the contractor believes that additional tasks are warranted, it must be clearly identified in the contractor’s proposal as a “suggested task” with a “suggested price” as well. The City will maintain the authority to accept or reject the suggested tasks.
1. City & Special District Park Restrooms -
a. Sports Park
b. H Street Soccer Field restrooms
c. Folgelson Park
d. Lillian Park
e. Stringham Park
f. Sturnacle Park
g. Dana Park
h. Jasper Park
17 Packet Pg. 250
Joint Special Council/BFPD
12/16/25 05:30 PM
Finance
Rene Palmer
Contract
Doc ID: 6224
AGENDA ITEM
i. Sam Nasario Baseball Fields
j. Panamint Park
k. Barstow Heights Park
FISCAL IMPACT:
The Fiscal Impact for the remainder of FY26 is $39,000 paid from the General Fund and available in the adopted budget.
RECOMMENDED ACTION:
Staff recommends that the City Council award the Professional Services Agreement to Titan Janitorial for Parks Janitorial Services and authorize the City Manager to execute all necessary documents. 17 Packet Pg. 251
C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Barstow / [Company or Individual])
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Barstow, a California municipal corporation (“City”), and Titan Janitorial a corporation in California. (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: City Parks Janitorial Services,
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Scope of Services” means such professional services as described in “Exhibit A” attached herewith and fully incorporated herein by this reference. [CAUTION – avoid attaching Consultant’s written proposal for the Scope of Work, as it may include provisions that conflict with the terms and conditions of this Agreement. It is best to draft a separate scope as Exhibit A.]
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s 9/12/2025 fee schedule to City attached hereto as “Exhibit B” and
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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means ________________ [enter commencement date].
3.4 “Termination Date” means __________________ [enter termination date].
3.5 “City Agreement Administrator” means Thomas Alva. The Agreement Administrator shall be the principal point of contact at the City for this project.
3.6 “Consultant Project Administrator” means Amanda Fig.
4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 19 (“Termination”) below.
6. CONSULTANT’S SERVICES
6.1 Time is of the essence in Consultant’s performance of services under this Agreement.
6.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of $1500 per week for 6am service. (“Maximum Amount") unless specifically approved in advance and in writing by City. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall
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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.
6.3 Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
6.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
6.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
6.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
[email protected] shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.
6.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
6.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
6.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.
6.11 Pursuant to California Labor Code Sections 1773.2 and 1775, the Consultant shall forfeit as a penalty to City $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by Consultant or by any Subcontract under Consultant in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant.
6.12 Pursuant to Labor Code § 1776, each consultant and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
The payroll records enumerated under subdivision (a) shall be verified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.”
17.a
Packet Pg. 255 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
7. COMPENSATION
7.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
7.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.
7.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.4 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement.
Consultant shall not undertake any such work without prior written approval of the Project Administrator.
8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s
17.a
Packet Pg. 256 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
10. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
11. INDEMNIFICATION
11.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs
17.a
Packet Pg. 257 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
11.4 The obligations of Consultant under this section of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
11.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
11.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
17.a
Packet Pg. 258 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. INSURANCE
12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
12.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.
12.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
12.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
12.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
12.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.
12.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000). In the event Consultant’s
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Packet Pg. 259 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
12.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
12.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
12.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
12.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.
12.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
12.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any
17.a
Packet Pg. 260 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
12.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
12.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.
12.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.
12.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 11 of this Agreement.
12.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
12.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
12.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
12.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
17.a
Packet Pg. 261 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
13. MUTUAL COOPERATION
13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
14. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
15. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
16. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
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Packet Pg. 262 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Tom Alva
Public Works Superintendent
220 E. Mountain View St.
Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile:
If to Consultant:
Amanda Fig
Titan Janitorial
PO Box 2029
Barstow, CA 92312
Telephone: (760) 684-8895
Facsimile:
With courtesy copy to:
Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]
18. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 11, Section 14, Paragraph 13.2 and Section 15 of this Agreement shall survive the expiration or termination of this Agreement.
19. TERMINATION
19.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
17.a
Packet Pg. 263 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.
19.2. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.
20. GENERAL PROVISIONS
20.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
20.2 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
20.3 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
20.4 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
20.5 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal
17.a
Packet Pg. 264 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
20.6 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
20.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.
20.8 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
20.9 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to
17.a
Packet Pg. 265 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
employees and applicants for employment, the provisions of this nondiscrimination clause.
[Add the following paragraph 20.10, 20.10.1 and/or 20.10.2, as applicable, for consulting contracts with multiple phases, or contracts that relate to, or are prior to, subsequent phases of a larger project.]
20.10 Conflict of Interest / Multiple Phase Projects – This Agreement is subject to the requirements of Government Code § 1097.6 relating to consultants entering into subsequent or multiple contracts for the same project.
20.10.1 Engaging or Advising on Public Contracting on behalf of the City.
A. The scope of Consultant’s work is limited to conceptual, preliminary, or initial plans or specifications for a prior stage of the project.
B. Consultant shall provide access to the work, such that all bidders or proposers for the subsequent stages shall have access to the same information as Consultant, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
20.10.2 Multiple Project Phases.
A. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
B. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
C. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
This Agreement shall be binding on successors and assigns of the parties.
Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
The Recitals are incorporated by this reference.
(Signature page follows)
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Packet Pg. 266 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services
Approved for use:02/24/2025
307952.6
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
[insert name]
By___________________________ By:_______________________________ [insert name], insert title]
Date:______________________ Date:_________________________ Attest:
By
Andrea Flores, City Clerk
Date:_______________________
Approved as to form:
By__________________________________
Matthew T. Summers, City Attorney
Date: __________________________
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Packet Pg. 267 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) “EXHIBIT A
”
SCOPE OF WORK
A-1
307952.6
Description of Services for All Areas:
Clean toilets, sinks, urinals, doors, sweep and mop floors.
Change all toilet paper, paper towels, toilet liners, soaps, sanitizers, and clean mirrors at the following locations.
City Of Barstow Park Restrooms:
Sports Park
“H” street Soccer Field
Fogelson Park
Lillian Park
Stringham Park
Sturnacle Park
Dana Park
Jasper Park
Special District Parks
“H” St. Park
Panamint Park “K St.
Materials, supplies and tools: Consumable supplies: Toilet paper, paper towels, hand soap, seat covers, disinfectant, and pressure washer will be supplied by the City of Barstow.
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Packet Pg. 268 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) “EXHIBIT B
”
APPROVED FEE SCHEDULE
B-1
307952.6
Monday-Friday 6am $1500 weekly
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Packet Pg. 269 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6
NON-COLLUSION DECLARATION
TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ____________________ of ____________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory
17.a
Packet Pg. 270 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services) Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6
WORKERS’ COMPENSATION
INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:
By: __________________________________________
Signature
__________________________________________
Title
17.a
Packet Pg. 271 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services)
CAMPAIGNCONTRIBUTIONDISCLOSURE
PROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept, solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision is rendered by the City. This prohibition commences when your application has been filed, or the proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 months following the date a final decision is rendered by the City.
No agent to a party or participant shall make a contribution in any amount to a councilmember of commissioner during the proceeding and for 12 months following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received contribution of more than $500 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or
commissioner receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the relevant proceeding, whichever comes last, that councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.
When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
To determine whether a campaign contribution of more than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding 12
months, all contributions made by you or your agent during that period must be aggregated.
Names of current City councilmembers and commissioners are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE
FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
17.a
Packet Pg. 272 Attachment: PSA for Titan Janitorial Services (6224 : Approval of Professional Services Agreement for Titan Janitorial Services)
-760 684 8895-
PO Box 2029 Barstow CA 92312
[email protected]
City Of Barstow Date Invoice#
Attn: Lucas Crank
09/12/25 estimate
Materials, supplies and tools: Consumable supplies: Toilet paper, paper towels, hand soap, seat covers, disinfectant, and pressure washer will be supplied by the City of Barstow.
The following is a quote for the Janitorial work requested:
City Of Barstow Park restrooms:
Sports Park
“H” street Soccer Field
Fogelson Park
Lillian Park
Stringham Park
Sturnacle Park
Dana Park
Jasper Park
Special District Parks
“H” St park
Panamint Park “Kst”
Description of Services for All Areas:
Restrooms: Clean toilets, sinks, urinals, doors, sweep and mop floors.
Change all toilet paper, paper towels, toilet liners, soaps, sanitizers, and clean mirrors.
Estimate is as follows:
This reflects a weekly rate:
Start time 6am: Monday-Friday
After Hours Start time 10pm: Monday-Friday
This estimate is based on the high risk of biohazard, (drugs, blood, feces etc.) Frequency of the facilities, contact with unsheltered citizens.
TITAN staff are trained and educated with proper PPE, biohazard training and disposal.
$1500.00
weekly
$1875.00
Weekly
See Above
6am
10pm
TOTAL
Quantity Description Price:
17.b
Packet Pg. 273 Attachment: City of Barstow Titan Restroom Service Proposal 2025 (002) (6224 : Approval of Professional Services Agreement for Titan Joint Special Council/BFPD
12/16/25 05:30 PM
Finance
Rene Palmer
Contract
Doc ID: 6222
AGENDA ITEM
AGENDA MATTER:
AWARD OF CONTRACT FOR LASTING IMAGES LANDSCAPE INC.
EXECUTIVE SUMMARY:
Staff has completed the review of the proposals submitted to the City of Barstow for the Request for Proposal (RFP) for City- Wide Landscape Maintenance.
The city received three bids for this RFP. Lasting Images Landscape was selected based on their competitive pricing and their extensive experience with surrounding cities in the High Desert.
DISCUSSION:
The RFP was intended to solicit information and proposals for landscape maintenance services from qualified landscape contractors. Landscape maintenance shall include, but not be limited to, City facilities, parks, rights of way, street-scapes and planters, parking lots, trails, and all proposed square footage that will be dedicated to the City with future development which may include new parks, streets, gutters, sidewalks, turf, shrubs, ground cover, and irrigation and drainage, as designated in this Proposal.
The Contractor is required by law to be licensed and regulated by the Contractors’ State License Board. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effective for one year with the possibility of extension on a year by year basis.
FISCAL IMPACT:
The Fiscal Impact for the remainder of FY26 is $46,000 will be funded from the General Fund and available in the adopted budget.
RECOMMENDED ACTION:
Staff recommends that the City Council award the Professional Services Agreement to Lasting Images Landscape, Inc., and authorize the City Manager to execute all necessary documents. 18 Packet Pg. 274
C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN PROFESSIONALS
(City of Barstow / Lasting Images Landscape)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Barstow, a California municipal corporation (“City”), and Lasting Images Landscape, a California Corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: Landscape Maintenance
2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
18.a
Packet Pg. 275 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
3.2. “Scope of Services”: Such professional services as described in Exhibit A attached herewith and fully incorporated herein by this reference.
3.3. “Agreement Administrator”: The Agreement Administrator for this project is Tom Alva. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the Consultant’s September 21, 2025 fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is, three thousand, eight hundred and thirty dollars ($3,830) monthly or forty five thousand, nine hundred and sixty dollars ($45,960.00) annually.
3.6. “Commencement Date”: TBD.
3.7. “Termination Date”: TBD
4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.
5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective
18.a
Packet Pg. 276 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
6. CONSULTANT’S DUTIES
6.1. Services. Consultant shall perform the services identified in the Scope of Services.
City shall have the right to request, in writing, changes in the Scope of Services.
Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
6.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
6.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
6.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
6.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City.
Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
6.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
6.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. David Niznik shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.
18.a
Packet Pg. 277 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
No change shall be made in Consultant’s project administrator without City’s prior written consent.
6.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
6.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
6.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
6.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
7. SUBCONTRACTING
7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
18.a
Packet Pg. 278 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
8. COMPENSATION
8.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
8.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
8.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
8.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
8.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
8.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
8.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 12, City shall have the right to withhold payments under this Agreement to offset that amount.
18.a
Packet Pg. 279 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.
Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
11. RELATIONSHIP OF PARTIES
11.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS
18.a
Packet Pg. 280 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. INDEMNIFICATION
12.1. Definitions. For purposes of this Section 12, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
12.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise
18.a
Packet Pg. 281 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
12.4. Attorney’s Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
12.6. Waiver of Statutory Immunity. The obligations of Consultant under this section are not limited by the provisions of any workers’ compensation act or similar act.
Consultant expressly waives its statutory immunity under such statutes or laws as to City.
12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement.
Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
12.9. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section complies therewith.
18.a
Packet Pg. 282 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
13. INSURANCE
13.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
13.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference:
- project name
- additional Insured
Documentation of Best’s rating acceptable to the City. Original endorsements effecting coverage for all policies required by this Agreement.
Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
General Liability:
General Aggregate: $2,000,000
Products Comp/Op Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (any one fire) $ 50,000
Medical Expense (any 1 person) $ 5,000
Workers' Compensation:
Workers' Compensation Statutory Limits
EL Each Accident $1,000,000
EL Disease - Policy Limit $1,000,000
18.a
Packet Pg. 283 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
EL Disease - Each Employee $1,000,000
Automobile Liability
Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
13.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended
18.a
Packet Pg. 284 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
reporting” coverage for a minimum of five (5) years after completion of contract work.
13.9. Additional Insured Endorsements. The City, it’s City Council, Commissions, officers, and employees of Barstow must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory.
All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
13.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is:
City of Barstow, Attn: [Lucas Crank], 220 East Mountain View Street, Suite A, Barstow, California 92311.
13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
18.a
Packet Pg. 285 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.
13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.
City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
14. MUTUAL COOPERATION
14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
18.a
Packet Pg. 286 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City
Lucas Crank
City of Barstow
Park & Open Space Maintenance
220 East Mountain View Street, Suite A
Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile: (760) 256-3531
If to Consultant
[Name]
[Address]
[Address]
Telephone: _______________
Facsimile: _______________
_
With courtesy copy to:
Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]
16. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 6.11 (Records), paragraph 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnity), paragraph 13.8 (ClaimsMade Policies), paragraph 14.2 (Consultant Cooperation in Defense of Claims), and paragraph
18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
17. TERMINATION
17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
18.a
Packet Pg. 287 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.
17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
17.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
18. INTERPRETATION OF AGREEMENT
18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
18.a
Packet Pg. 288 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
19. GENERAL PROVISIONS
19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
19.2. Conflicts of Interest. Consultant maintains and warrants that it has not 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. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. 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 member, 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.
19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
19.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.a
Packet Pg. 289 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
19.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.
19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise.
The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.
18.a
Packet Pg. 290 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
19.12. Venue. The venue for any litigation shall be San Bernardino County, California and Consultant hereby consents to jurisdiction in San Bernardino County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
19.13. Recitals. The recitals are incorporated by this reference. (Signature page follows)
18.a
Packet Pg. 291 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting C#00001
Professional Services Agreement
(City of Barstow / Lasting Images Landscape)
Professional Services Agreement — Design Professionals
Approved for use:02/24/2025
308165.7
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Barstow
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Lasting Images Landscape
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Andrea Flores, City Clerk
Date:________________________
Approved as to form:
By:__________________________________
Matthew T. Summers, City Attorney
Date:________________________
18.a
Packet Pg. 292 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting “EXHIBIT A”
SCOPE OF WORK
308165.7
A-1
Scope of Work would be to work the weekly sites (3rd & Main/City Hall/Harvey House) on Thursdays with Jose Gutierrez and a maintenance laborer. Initially, Lasting Images Landscape Staff will also assist to get Harvey House under control. This site has many planters that are currently in a state of neglect. Lasting Images Landscape staff would visit the “Monthly Sites” (Falcon Ridge/Veterans Pkwy/Trinity/Silverado) the first week of the month, Tuesdays, Wednesdays, and Fridays initially to bring to standard.
Lasting Images Landscape Supervisor (Juan Hernandez) will go through all initial clocks for an irrigation inspection and develop a punch list for repair items. All crews would operate from our Hesperia yard.
WEEKLY SITES (3rd and Main ; City Hall, Harvey House) 1-FULL SIZE TRUCK (F150) 1-LANDSCAPE TRAILER 1-LANDSCAPE FOREMAN 1-LANDSCAPE MAINTENANCE LABORER 1-IRRIGATION TECHNICIAN 1-REGIONAL SUPERVISOR
MONTHLY SITES (Trinity ; Veterans Pkwy ; Silverado ; Falcon Ridge) 1-MID SIZE TRUCK (Ford Ranger) 1-LANDSCAPE FOREMAN 1-IRRIGATION TECHNICIAN 1-REGIONAL SUPERVISOR
18.a
Packet Pg. 293 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting “EXHIBIT
B”
APPROVED FEE SCHEDULE
308165.7
B-1
Lasting Images Landscape Fee Schedule
Monthly: 3
rd & Main St: $375.00
Barstow City Hall: $350.00
Harvey House: $2100.00
Trinity Landscape: $175.00
Veteran’s Parkway: $440.00
Silverado Landscape: $113.00
Falcon Ridge Landscape: $277.00
18.a
Packet Pg. 294 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting 308165.7
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.
When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.
Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
18.a
Packet Pg. 295 Attachment: PSA for Design Professionals - Lasting Images Landscape 2025 (6222 : Approval of Professional Services Agreement for Lasting 1 Lasting Images Landscape
4195 Chino Hills Parkway, Ste. E212
Chino Hills, CA 91709
REQUEST FOR PROPOSAL- CITY OF BARSTOW
FOR CITY-WIDE LANDSCAPE MAINTENANCE SERVICES
Date Due: September 22, 2:00 PM PST
Submitted to:
Lucas Crank, Parks and Open Spaces Supervisor
Submitted by:
David A. Niznik DBA: Lasting Images Landscape
_______David Niznik 9/22/25_____
Signature/Date
Prepared 9/17-9/19/2025
18.b
Packet Pg. 296 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 2 Lasting Images Landscape
4195 Chino Hills Pkwy, Ste. E212, Chino Hills, CA 91709 Phone: (909)851-3393
Email: [email protected]
C27#849597 Certified Arborist WE-12290A Qualified Applicators License Cat. B & C #140461 A Full-Service Company
INTRODUCTION LETTER
City of Barstow
Lucas Crank, Parks and Open Spaces Supervisor
220 E. Mountain View St. Suite A.
Barstow, CA 92311
Dear Mr. Crank,
Attached is our proposal for City-Wide Landscape Maintenance. We currently contract for landscape maintenance in the high desert in Hesperia and Victorville. We have a yard in Hesperia with numerous trucks, trailers, and equipment. We are ready to expand into the City of Barstow.
We fully understand the scope of work for municipal landscape maintenance services and this specification in particular.
Thank you for your consideration
David Niznik
David Niznik
Contractor, Lasting Images Landscape
18.b
Packet Pg. 297 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 3 BIDDER INFORMATION, QUALIFICATIONS & EXPERIENCE
Current comparable projects (3 projects):
1. City of Hesperia ; current contractor for landscape maintenance services city wide. (Locations include but not limited to: City Hall; Police Dept; Library; Corp Yard; Township; Park and Ride; Paseos and median work.)
Contract amount and dates : $526,558.00 for periods 7/1/2021 to 6/30/2026 Contact : City of Hesperia Public Works, Brian Blackwell, (760) 947-1000 Lasting Images has held this contract since 2014. 11 years consecutively.
2. Hesperia Parks and Recreation Department ; current contractor for landscape maintenance services district wide.
Locations include but not limited to : Numerous LMDs throughout the city of Hesperia ; numerous parks, sports fields, trails.
Contract amount and dates : $1,440,000.00 for period 7/1/2022 to 6/30/2025 (currently working month to month)
Contact : HPRD, Luis Duran, (760) 244-5488
Lasting Imgages has held this contract since 2017. 8 years consecutively.
3. Department of Transportation, (CALTRANS) ; Landscape maintenance agreement for facilities services in Fontana.
Contract amount and dates : $268,335.00 for periods 2/1/2025 to 1/31/2028 Contract : Karina Morales, (909) 659-4253
4. We also currently contract for landscape maintenance with the Victorville DMV, Hesperia Christian School, Hesperia Movie Theaters.
5. We recently completed a large $50k+ landscape entrance renovation for Ravenswood HOA in Apple Valley.
18.b
Packet Pg. 298 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 4 ORGANIZATION AND APPROACH
Lasting Images Landscape will provide sufficient labor and materials to deliver all aspects of the Scope of Work.
David Niznik, contractor, and owner of Lasting Images will provide general oversight and operational management of this project.
While visiting each site in preparation to submit this proposal, I have determined the number of trucks, personnel and equipment needed to complete each task per the scope of work.
The following will be a list of personnel and equipment for all areas.
WEEKLY SITES (3rd and Main ; City Hall, Harvey House)
1-FULL SIZE TRUCK (F150)
1-LANDSCAPE TRAILER
1-LANDSCAPE FOREMAN
1-LANDSCAPE MAINTENANCE LABORER
1-IRRIGATION TECHNICIAN
1-REGIONAL SUPERVISOR
MONTHLY SITES (Trinity ; Veterans Pkwy ; Silverado ; Falcon Ridge) 1-MID SIZE TRUCK (Ford Ranger)
1-LANDSCAPE FOREMAN
1-IRRIGATION TECHNICIAN
1-REGIONAL SUPERVISOR
Key personnel :
Juan Hernandez-Regional Supervisor ; Certified Irrigation Repair Tech ; 7 years experience with government landscape maintenance contracts and working with the public in this environment.
Jose Gutierrez- Landscape foreman for 5 years working with governement landscape contracts and the public in this environment.
Sergio Gonzalez- Landscape foreman and irrigation qualified. Currently doing special projects within the City of Hesperia.
18.b
Packet Pg. 299 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 5 Our Plan :
Our plan would be to work the weekly sites on Thursdays with Jose Gutierrez and a maintenance laborer. Initially, Sergio will also assist to get Harvey House under control. This site has many planters that are currently in a state of neglect.
The monthly sites would be visited the first week of the month, Tuesdays , Wednesdays, and Fridays initially to bring to standard. Currently there are many weeds, dead/dying plants in these areas.
Juan Hernandez will go through all initial clocks for an irrigation inspection and develop a punch list for repair items. He will also provide direct supervision of Jose, his laborer, and Sergio.
All crews would operate from our Hesperia yard.
Key notes :
Lasting Images will provide more labor for larger clean-up needs or renovation projects.
Lasting Images has a Qualified Applicator on staff and holds a Pest Control Business License to spray herbicides and apply fertilizers in a commerical setting.
Lasting Images has an ISA Certified Arborist with TRAQ qualification on staff and can properly assess all tree concerns and provide written Arborist Reports and consultations.
Lasting Images has multiple Certified Irrigation Repair Technicians on staff and can properly evaluate and correct any irrigation issues.
Lasting Images has never been released from a government contract prior to the term and typically gets the additional extension years awarded.
Lasting Images can begin work upon award without delay.
18.b
Packet Pg. 300 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 6 PAST EXPERIENCE ON LANDSCAPE MAINTENANCE PROJECTS
Please see attached « Public Works Reference List »
CONFLICTS OF INTEREST STATEMENT
Lasting Images Landscape ensures there is no conflict of interest to any construction contractor on any City project related to this solicitation.
LITIGATION
Lasting Images Landscape has never been involved in litigation with any of our prior projects.
CONTRACT AGREEMENT
Lasting Images Landscape has no issues or needed changes to the proposed contract agreement included as Appendix D.
COST PROPOSAL
LOCATION COST PER MONTH
3rd and Main $375.00
Barstow City Hall $350.00
Harvey House $2,100.00
Trinity $175.00
Veteran’s Parkway $440.00
Silverado $113.00
Falcon Ridge $277.00
Total $3,830.00
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Packet Pg. 301 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images 7 FEE SCHEDULE
LOCATION COST PER MONTH
3rd and Main $375.00
Barstow City Hall $350.00
Harvey House $2,100.00
Trinity $175.00
Veteran’s Parkway $440.00
Silverado $113.00
Falcon Ridge $277.00
Total $3,830.00
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Packet Pg. 302 Attachment: City of Barstow RFP Submission (Lasting Image) (003) (6222 : Approval of Professional Services Agreement for Lasting Images Joint Special Council/BFPD
12/16/25 05:30 PM
Administrative Services
Kimberlie A. Turner
Contract
Doc ID: 6209
COUNCIL AGENDA ITEM
AGENDA MATTER:
APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN BARSTOW FIRE PROTECTION DISTRICT AND THE CITY OF BARSTOW FOR THE TERM OF JULY 1, 2025-JUNE 30, 2026 EXECUTIVE SUMMARY:
The City of Barstow has been meeting with the Barstow Fire Protection District (BFPD) over the last 8 months. The City has carefully evaluated it's financial position, ongoing operational and competitive recruitment needs as well as the long term fiscal sustainability. The proposed MOU demonstrates the City's commitment to supporting our Fire Department in a sustainable and equitable manner.
DISCUSSION:
The following are the economic proposals:
1. COLA: Effective July 1, 2025 all classifications in the bargaining unit to receive a six percent (6%) COLA. In addition, if City receives $25M in Permit and Development Fee revenue between July 1, 2025 through June 30, 2026, employees shall receive a 10% base salary increase.
2. SKILL PAY: Employees who possess a Firefighter II, Equipment Operator/Driver or Company Officer Certification will receive Skill Pay. If an employee receives more than one certification , they will receive certification pay for the highest level of certification obtained. Certification Skill Pay is as follows:
Firefighter II: 3%
Equipment Operator/Driver: 4%
Company Officer: 5%
3. BILINGUAL SERVICES: Increase from $60 dollars per month to $120 per month
4. TIER I & TIER II EMPLOYER RETIREMENT CONTRIBUTIONS: Tier I and Tier II employees will no longer be responsible for paying any percentage of the "employer contribution".
5. HOLIDAYS: Winter Holiday Hours between 12/26-12/31 added. Holiday time will be paid based on hours employee is scheduled to work on the holiday.
6. CAFETERIA PLAN: Monthly allowance:
Employee only coverage:$1000 monthly allowance (no increase) and will receive a one time payment in the amount of $500
Employee plus one: Increase from $1000 to $1500 per month Family Plan: Increase from $1000 to $1900 per month. .
19 Packet Pg. 303
Joint Special Council/BFPD
12/16/25 05:30 PM
Administrative Services
Kimberlie A. Turner
Contract
Doc ID: 6209
COUNCIL AGENDA ITEM
Employees who opt out of coverage will continue to receive $750 per month. Employees hired after ratification of contract to receive $2000 annually (approx $167 per pay period).
FISCAL IMPACT:
The FY impact for the term of this contract is $ $456,484 RECOMMENDED ACTION:
Staff is recommending Council approve the Memorandum of Understanding between Barstow Fire Protection District and the City of Barstow for the contract term of July 1, 2025 through June 30, 2026 as written in the final draft-Exhibit B.
19 Packet Pg. 304
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
BARSTOW FIRE PROTECTION DISTRICT
AND THE
BARSTOW PROFESSIONAL FIREFIGHTERS' ASSOCIATION (BPFA)
July I,2025 - June 30, 2026
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BARSTOW PROFESSIONAL FIREFIGHTERS' ASSOCIATION BPFA
MEMORANDUM OF UNDERSTANDING
Table of Contents
SECTION 1 – GENERAL PROVISIONS ...........................................................................................5 ARTICLE 1 – PREAMBLE..................................................................................................................5 ARTICLE 2 – RECOGNITION AND SCOPE OF REPRESENTATION.....................................5 ARTICLE 3 – MANAGEMENT RIGHTS..........................................................................................5 ARTICLE 4– ADMINISTRATIVE AUTHORITY.............................................................................6 ARTICLE 5 – RULES GOVERNING DEDUCTIONS...................................................................6 ARTICLE 6 – CONDITIONS OF EMPLOYMENT .........................................................................6 ARTICLE 7 – HOURS OF WORK....................................................................................................6 ARTICLE 8– PAYROLL DEDUCTIONS.....................................................................................6 ARTICLE 9 – ASSOCIATION ACTIVITIES................................................................................7 ARTICLE 10 – ASSOCIATION ACCESS....................................................................................7 ARTICLE 11–EMPLOYEE WELLNESS ........................................................................................7 ARTICLE 12 – BULLETIN BOARDS ...............................................................................................7 ARTICLE 13 – MODIFIED DUTY......................................................................................................7 ARTICLE 14 – SHIFT EXCHANGE...................................................................................................8 ARTICLE 15 – EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION..................8 ARTICLE 16 – FIREFIGHTER ENDORSEMENT FOR DRIVER LICENSE.............................8 ARTICLE 17 – FIREFIGHTERS PROCEDURAL BILL OF RIGHTS.....................................8 ARTICLE 18 – GRIEVANCE PROCEDURES..................................................................................8 ARTICLE 19 – DISCIPLINARY APPEALS......................................................................................11 ARTICLE 20 – REMOVAL OF WRITTEN REPRIMAND FROM PERSONNEL FILE ..............11 ARTICLE 21 – FULL AGREEMENT...............................................................................................12 ARTICLE 22 – SEVERABILITY.......................................................................................................12 ARTICLE 23 – AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES.........12 ARTICLE 24 – TERM OF AGREEMENT ........................................................................................12 SECTION 2 -SALARIES AND OTHER PAY ...........................................................................12 ARTICLE 25 – WAGES.....................................................................................................................12 ARTICLE 26 – PERFORMANCE BONUS ...................................................................................13 ARTICLE 27 – OVERTIME..............................................................................................................13 ARTICLE 28– COMPENSATORY TIME......................................................................................13 ARTICLE 29 – SKILL PAY.................................................................................................................14 ARTICLE 30 – CALL BACK PAY ......................................................................................................14 ARTICLE 31 – UNIFORM ALLOWANCE.....................................................................................15
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Packet Pg. 306 Attachment: Fire MOU Clean (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) ARTICLE3 2 – EDUCATIONAL INCENTIVE................................................................................15 ARTICLE 33 – BILINGUAL SERVICES PAY ................................................................................15 ARTICLE 34 – OUT OF CLASSIFICATION PAY .......................................................................15 ARTICLE 35 – TUITION REIMBURSEMENT ..............................................................................16 ARTICLE 36 – MILEAGE REIMBURSEMENT............................................................................16 ARTICLE 37 – RECLASSIFICATION ...........................................................................................16 ARTICLE 38 – SEVERANCE PROVISION IF SERVICES ARE CONTRACTED OUT.......16 SECTION 3 – RETIREMENT ..........................................................................................................17 ARTICLE 39 – RETIREMENT BENEFIT......................................................................................17 ARTICLE 40 – RETIREE MEDICAL BENEFIT.............................................................................17 SECTION 4-TIME-OFF PROVISIONS..........................................................................................19 ARTICLE 41 – HOLIDAYS...............................................................................................................19 ARTICLE 42 – VACATION...............................................................................................................20 ARTICLE 43 – SICK LEAVE ...........................................................................................................21 ARTICLE 44 – BEREAVEMENT LEAVE ..................................................................................21 ARTICLE 45 – JURY LEAVE........................................................................................................21 ARTICLE 46 – MILITARY LEAVE..............................................................................................21 SECTION 5 -INSURANCE.............................................................................................................21 ARTICLE 47 – CAFETERIA PLAN .............................................................................................21 ARTICLE 48 – MEDICAL INSURANCE.....................................................................................22 ARTICLE 49 – DENTAL INSURANCE ......................................................................................22 ARTICLE 50 – VISION INSURANCE........................................................................................22 ARTICLE 51 – LIFE INSURANCE...............................................................................................22 ARTICLE 52 – STATE DISABILITY INSURANCE..................................................................22 ARTICLE 53 – LONG TERM DISABILITY................................................................................23
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SECTION 1 – GENERAL PROVISIONS
ARTICLE 1 – PREAMBLE
This Memorandum of Understanding (Agreement) is made and entered into by and between the Barstow Fire Protection District (District) and the Barstow Professional Firefighters Association (Association), pursuant to the Meyers-Milias-Brown Act of the State of California, the Barstow Municipal Code, the Barstow Fire Protection District Administrative Policy Manual, and the Personnel Policies and Procedures of the Barstow Fire Protection District.
It is the intent and purpose of this Agreement to set forth the understanding reached between the Association and the District as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by the Association and representatives of the District. The parties affirm their mutual commitment to the goals of respecting and valuing people, effective and efficient public service, sound and responsible management, and amicable employer- employee relations.
ARTICLE 2 – RECOGNITION AND SCOPE OF REPRESENTATION
The District recognizes that the following positions shall be represented by the Association:
Fire Division Chief
Fire Battalion Chief
Fire Captain
Fire Engineer
Firefighter/ Paramedic
Firefighter / EMT
The Association's scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.
ARTICLE 3 – MANAGEMENT RIGHTS
The Association recognizes the District has and will continue to retain (whether exercised or not) the exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects subject to this agreement. The District Administrator has (and will continue to retain) exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this Agreement. Said decisionmaking shall not (in any way directly or indirectly) be subject to the District's grievance procedure.
The exclusive rights of the District shall include, but are not limited to: determine the organization of District government and the purposeImission of its constituent divisionsIdepartments; set standards of service to be offered to the public and to exercise control and discretion over its organization and operations; establish and effect administrative regulations and employment rulesIregulations consistent with law; direct its employees; take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the procedures and standards of selection for employment and promotion; determine the content of job classifications; determine the methods, means, and personnel by which the District's services are to be
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provided; maintain the efficiency of governmental operations; and to otherwise act in the interest of efficient service to the community. The inclusion of such rights in a list of District rights, and the right of the District to act on such rights shall not be subject to grievance.
However, such rights shall not abridge the right of an employee to file grievance on the implementation of said rights. Notwithstanding and subject to the management rights set forth above, the Association retains all other rights under the Meyers-Milias-Brown Act.
ARTICLE 4– ADMINISTRATIVE AUTHORITY
The Fire Board shall deal with the administrative services of the District only through the District Administrator, except for the purpose of inquiry. Neither the Fire Board, nor any members thereof, shall be allowed to give orders to any subordinates of the District Administrator.
ARTICLE 5 – RULES GOVERNING DEDUCTIONS
During the term of this Agreement, no employee represented by the Association shall suffer a reduction in wages, hours, or other terms and conditions of employment, unless such reduction is proportional to that generally suffered by the other employees of the District as part of a general cost reduction program. However, this Article shall not apply to disciplinary actions or reclassifications taken pursuant to the Barstow Municipal Code, the Barstow Fire Protection District Administrative Policy Manual, and the Personnel Rules and Regulations of the District.
ARTICLE 6 – CONDITIONS OF EMPLOYMENT
Except as otherwise noted herein, the terms and conditions of employment for members of the Association shall be those prescribed in the existing Personnel Rules and Regulations manual of the District and the Barstow Fire Protection District Administrative Policy Manual unless otherwise agreed to by theAssociation.
ARTICLE 7 – HOURS OF WORK
The average regular work week for full-time employees shall be fifty-six (56) hours. For employees with an average work week of fifty-six (56) hours, the monthly rate shall be the hourly rate times 2,912 divided by 12.
In certain instances, alternatives to the traditional work schedule for the convenience of the employee may be appropriate. Such schedules may be installed under the following guidelines:
1. The District orthe employee may initiate a request regarding such alternate work schedules.
2. Alternate work schedules shall not reduce service to the public. Such schedules may be revoked by either party upon notice to the other party.
3. Such schedules may continue by mutual agreement of both parties.
4. Employees who perform authorized work in excess of the defined alternate work day or work week and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 1/2) times their regular hourly rate of pay.
5. Employees may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.
ARTICLE 8– PAYROLL DEDUCTIONS
The Association shall provide written notice to the City's Human Resources Department of the
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names of those employees who have submitted a written authorization for the deduction of dues, initiation fees, and premiums for approved insurance programs to the Association. After receipt of such notification from theAssociation,the City agrees to make those deductions from the paychecks of those identified employees.
The Association certifies that it has and will maintain individual employee authorizations. The Association shall not be required to submit to the City a copy of employee's written authorization unless a dispute arises about the existence or terms of the written authorization.
Employee requests to cancel or change authorizations for payroll deductions shall be directed to theAssociation.TheAssociation shall be wholly responsible for processing these employee requests and notifying the City of any membership or deduction changes.
The Association agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of the provisions of this Article.
ARTICLE 9 – ASSOCIATION ACTIVITIES
The District shall provide employees with a reasonable amount of time to address Association business without loss of pay or benefits.
In addition, the District shall grant release time for employees to conduct up to four (4) formal Association meetings per year. The District will also allow the Association use of District facilities and equipment for said Association meetings.
ARTICLE 10 – ASSOCIATION ACCESS
The District shall grant Association representatives reasonable access to discuss any grievance or problems arising under terms of this Agreement. In addition, Association representatives shall be permitted to conduct a reasonable amount of Association business during working hours without loss of pay or benefits, and may also use District facilities and equipment for Association activities if needed with the approval of the District Administrator. The Association shall be allowed to utilize email to notify members of dates and times of Association meetings, ratifications, and elections.
ARTICLE 11–EMPLOYEE WELLNESS
The Fire Department's Employee Wellness Program is hereby made part of this Agreement and is incorporated herein by reference.
ARTICLE 12 – BULLETIN BOARDS
The Association is authorized to furnish a reasonable number of bulletin boards on District property, the location of which shall be mutually determined. Posted notices shall not be obscene; defamatory; discriminatory; of a political nature; pertain to public issues that do not involve the District or its relations with employees; or otherwise violate District policy.
The Association agrees to limit its posting of notices and bulletins to such areas.
ARTICLE 13 – MODIFIED DUTY
In the event that an employee is certified as disabled and released for modified duty by a medical examiner, the District may in accordance with applicable state and federal law assigned the identified Association member to modified duty. While on modified duty, the employee will be assigned to a forty (40) hour work week.
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ARTICLE 14 – SHIFT EXCHANGE
Employees shall have the right to exchange an assigned shift with prior approval of the employee's supervisor.
ARTICLE 15 – EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION Employees who are required to augment paramedic responsibilities by obtaining and maintaining their EMT certification shall have all costs directly related to EMT certification and EMT recertification paid for by the District.
ARTICLE 16 – FIREFIGHTER ENDORSEMENT FOR DRIVER LICENSE As a condition of employment, all employees are required to obtain and maintain a current and valid Firefighter Endorsement for their driver license. All costs directly related to obtaining and maintaining the said license shall be paid for by the District.
ARTICLE 17 – FIREFIGHTERS PROCEDURAL BILL OF RIGHTS
The District shall comply with the Firefighters Procedural Bill of Rights as set forth in California Government Code Section 3200.
ARTICLE 18 – GRIEVANCE PROCEDURES
The following guidelines govern the District's grievance procedures.
1. Definition.
A grievance is a written allegation by an employee claiming violation of a specific express provision of this Agreement, the District's Personnel Rules and Regulations, or written District policy, unless another specific method of review is provided (e.g., discipline or discrimination).
2. Procedure.
a. Informal Grievance Procedure
The grievant and the District's representative shall make every effort to resolve the grievance at the lowest level of supervision.Thus, thegrievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure, below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (15 days from the date the grievance allegedly occurred), the grievant may proceed to the Formal Grievance Procedure in accordance with the time limits therein.
b. FormalGrievanceProcedure
I. First Level Review
The grievant shall present the formal grievance in writing either to their supervisor or to the immediate supervisor of the employee who is the subject of the grievance being filed. The formal written grievance must be presented within fifteen (15) days from the alleged occurrence of the violation. The written grievance shall contain the following information:
1. Name of grievant and job title;
2. Department I Division;
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3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;
4. The specific provision(s) of this Agreement, the District's Personnel Rules, or District policy alleged to have been violated;
5. Requested remedy;
6. Name of the grievant’ s representative, if any; and,
7. Date and signature of the grievant.
The supervisor shall render a decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the written grievance. If the grievant does not agree with their supervisor's decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or the Department Head's designee within fifteen (15) days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period.
i. Second Level - Department Review.
The Department Head or their designee shall discuss, upon request, the grievance with the grievant, the grievant’s representative, if any, and with other appropriate persons. The Department Head or designee shall render their decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen (15) days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period.
ii. Third Level -AdvisoryArbitration.
To activate advisory arbitration, the grievant must, within time period specified above, present the grievance in writing to the Personnel Officer for further processing. Failure of the grievant to take this action will constitute a waiver and bar to further processing of the grievance.
1. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of three (3) days or more without pay. The grievant may waive the right to go to advisory arbitration and instead go directly to the Fourth Level (District Manager). All other grievances shall bypass the third level of the grievance procedures and advance to the Fourth Level.
2. The Personnel Officer and the grievant shall request a list of five arbitrators from the California StateMediation and Conciliation Service. a. By mutual agreement of the grievant and the District, advisory arbitration may be waived. In such case, the
grievance shall be reviewed by District Manager in
accordance with the procedures outlined in Level 4.
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3. An arbitrator shall be selected by the following procedure:
a. The grievant and/or a representative of the grievant, along with the District's representative, shall select the arbitrator from the California State Conciliation Service list by eliminating names until one name remains. The one remaining name shall be the arbitrator. All grievances reaching the arbitration level shall be numbered consecutively for the current fiscal year.
The odd- numbered grievances will give the grievant first elimination; the even-numbered grievances will give the District firstelimination.
b. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Thetechnical rules of evidence shall not apply during the arbitration hearing. c. The arbitrator shall be strictly bound by the time limits setforth in the grievance procedure and shall not entertain any
grievance in which the grievant has not adhered to such time limits.
d. Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the employees scheduling of time for each
employee to testify at arbitration shall be in such a manner so that normal operations are not disrupted.
e. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and/or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of any Agreement or the written policies, rules, regulations and procedures of the employer.
f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the District Administrator).
g. The arbitrator's fees and expenses shall be paid by the District.
All other costs shall be borne by the party incurring such expenses.
iii. Fourth Level - District Administrator.
If the grievance is submitted to the District Administrator for review and settlement, the Personnel Officer, in non-arbitral cases, may elect the methods they consider appropriate for the study of the issues and shall render a written decision to the parties within fifteen (15) days.
Notwithstanding the above, upon the grievant’s request, the matter shall be submitted to mediation prior to the Personnel Officer's determination.
1. For all cases involving advisory arbitration recommendations, the
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Personnel Officer shall review the entire matter within fifteen (15) days after receipt of arbitrator's recommendations and render a decision.
2. The District Administrator may amend, modify, or revoke the recommendation of the arbitrator. This includes, but is not limited to, the District Administrator's right to reduce or increase the degree and type of discipline imposed. In all cases, the decision of the District Administrator shall be final and binding.
c. General Provisions
i. The grievant is entitled to representation of their choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified timelines shall constitute a withdrawal and waiver of the grievance. Failure by the District to meet any of the specified timelines shall entitle the grievant to appeal to the next level of review.
iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. Ifthe last day of the specified time period falls on the weekend or a District observed holiday, it shall be moved to the next working day. Otherwise, the time specified may be extended only by mutual written consent. iv. Probationary employees may not grieve a rejection from probation. v. Employees shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records.
vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the Fire Board for ratification before that decision can become final and binding.
viii. Failure on the part of an employee or their representative to appear in any case before an arbitrator without good cause shall result in forfeiture of the case and responsibility for payment for all associated costs by the employee.
ARTICLE 19 – DISCIPLINARY APPEALS
Appeals of punitive action pursuant to Government Code § 3254.5 (the Firefighters Procedural Bill of Rights Act) shall be conducted in accordance with Chapter 5 (commencing with Government Code Section 11500) of Part 1 of Division 3 of Title 2.
ARTICLE 20 – REMOVAL OF WRITTEN REPRIMAND FROM PERSONNEL FILE After sixty (60) months from the date of issuance, an employee may request that a written reprimand be removed from the employee's official personnel file. The request for removal
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shall be submitted in writing to the Fire Chief for consideration and shall include the basis for the request. The Fire Chief shall make a recommendation to the District Administrator regarding the request for removal. The decision of the District Administrator is entirely discretionary and shall be final without right to appeal or challenge through the grievance procedure. A removal of a written reprimand pursuant to this provision shall not require that any other references to that written reprimand be redacted or detached from any other material in the personnel file, including performance evaluations and other disciplinary documentation.
ARTICLE 21 – FULL AGREEMENT
The District and the Association concur that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees in the bargaining unit during the term thereof and settles all demands and issues on all matter subject to the meet and confer process.
Accordingly, both the District and the Association do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
Any item, provision, or subject that both the District and Association jointly agree to reopen for discussion.
ARTICLE 22 – SEVERABILITY
In the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the applicable Article and the balance of the Agreement shall stand as written and remain in full force and effect for the duration of its term.
ARTICLE 23 – AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES This Agreement shall be effective once approved by the Fire Board and upon ratification and approval by a majority of the employees represented by the Association who are present at a meeting convened for the specific purpose of ratifying this Agreement.
ARTICLE 24 – TERM OF AGREEMENT
This Agreement shall take effect on July 1, 2025 and shall remain in full force and effect until June 30, 2026.
SECTION 2 - SALARIES AND OTHER PAY
ARTICLE 25 – WAGES
The Salary Range for those classifications covered by this agreement is set forth in Exhibit A and incorporated herein. Furthermore, the Salary Schedule for the classifications represented by the Association is set forth in Exhibit B and incorporated herein.
Effective July 1, 2025, all classifications in the bargaining unit shall receive a six percent (6%) salary increase.
Deferred 10% COLA:
During the term of this agreement, and upon the receipt of the development fee revenue in
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the amount of twenty-five million dollars ($25,000,000), the City agrees to immediately implement a ten percent (10%) cost-of-living adjustment to all safety members. Such increase will be effective on the first full pay period after date of revenue receipt.
ARTICLE 26 – PERFORMANCE BONUS
Employees who reach the top-step of their salary range or are y-rated will be eligible annually to receive a two percent (2%) performance bonus. To qualify for the performance bonus, the employee must receive a performance evaluation rating of satisfactory or better. Employees who meet that qualification will receive a two percent (2%) multiplied by the employee's base wage rate. The performance bonus will be distributed as a one-time bonus payment subject to all applicable state and federal tax rates and will not increase the employee's base wage rate salary. In the event that the employee's performance evaluation is not completed within forty-five (45) days of the employee's performance evaluation date, the employee shall automatically receive a two percent (2%) performance bonus. Each employee can receive the performance bonus on a payday of their choosing. However, the performance bonus must be paid out by the last complete payroll period of the fiscal year in which the performance bonus was awarded.
ARTICLE 27 – OVERTIME
Employees are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).
It is the policy of the District to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and in such cases, is expected to perform overtime work.
Overtime means all authorized hours worked by non-exempt employees in excess of their normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law. For the purposes of this Agreement, overtime shall consist of all hours worked in excess of eight (8) twenty-four (24) hour shifts (or one hundred eighty-two (182) hours) in any twenty-four (24) day cycle.
All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1 1/2) times their regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.
No overtime shall be recorded or reported for less than one-quarter (1/4) hour of work. All overtime work, except for emergency conditions, must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance may be justification for disapproval of any overtime compensation and/or discipline.
ARTICLE 28– COMPENSATORY TIME
Employees may elect to take compensatory time in lieu of overtime pay. Compensatory time shall be administered based on the following provisions:
Eligible employees will accrue compensatory time at the rate of one and one-half (1 ½) times the actual number of hours worked for those hours worked in excess of the employee's normal work period, regular work week, work day, or shift. Compensatory time shall be reported and recorded in one-quarter (1/4) hour
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increments.
Total accumulated compensatory time accrued shall not exceed one hundred and sixty (160) hours. Employees who have accumulated one hundred and sixty (160) hours of compensatory time shall have overtime paid in cash until their accumulated compensatory hours fall under the one hundred (160) hour limit. Employees may elect to buy down any amount of accrued compensatory time by submitting a written request to the Finance Department. Overtime may not be banked as compensatory time in the same pay period that compensatory time leave is used.
ARTICLE 29 – SKILL PAY
Employees who possess a Paramedic, Emergency Medical Technician (EMT), Hazardous Materials Technician (HMT), or Rescue Technician (Urban Search and Rescue - USAR) certification shall be eligible to receive skill pay in the amounts designated below.
Those employees who possess more than one certification shall be compensated for each certification that is obtained.
Paramedic Certification: $1000 per month
EMT Certification: $275 per month
HMT Certification: $125 per month
USAR Certification: $100 per month
Those employees who possess more than one (1) certification below (Firefighter II, Equipment Operator/Driver, and/or Company Officer) shall be compensated only for the highest level of certification that is obtained based on the pay schedule below:
Firefighter II- Employees who obtain and maintain their Firefighter II Certification shall receive compensation in the amount of three percent (3%) above the employee’s base rate of pay.
Equipment Operator/Driver (1A/1B)-Employees who obtain and maintain their operator 1A/1B certification shall receive compensation in the amount of four percent (4%) above the employee’s base rate of pay.
Company Officers- Employees who have obtained and maintain their Company Officer Certification, shall receive compensation in the amount of five percent (5%) above the employee’s base rate of pay.
The City agrees to meet and confer with the Association within ninety (90) days of ratification of the Memorandum of Understanding for the purpose of negotiating and executing a side letter that establishes the implementation framework tied to the City’s Annual Comprehensive Financial Report (ACFR), for implementation of compounding skill pay increases. The negotiation of the Side Letter shall include, but not be limited to, identifying the specific compounding methodology, and language tying implementation to the City’s ACFR. The Side Letter shall set forth the percentage threshold. No compounding adjustments shall be implemented or applied until both the Association and the City reach a mutual agreement on the side letter and it is fully executed.
ARTICLE 30 – CALL BACK PAY
If a member of the Association is called back to work while being off-duty, such call back assignment shall be from a rotating list in order to equally distribute call back work
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opportunities. Any Association member who is called back to work shall be guaranteed a minimum of two (2) hours of compensation at the straight-time rate, which shall be calculated beginning with their arrival at the fire station or scene of the emergency.
ARTICLE 31 – UNIFORM ALLOWANCE
All Employees shall receive a uniform allowance in the amount of $900 per year. This allowance shall be paid annually according to the following schedule:
First payroll period with a pay date in July: $450
First payroll period with a pay date in December: $450 ARTICLE32 – EDUCATIONAL INCENTIVE
The District agrees to provide Employees with educational incentive pay based on the following schedule:
Associate of Arts I Science Degree: $1,000 per year
Bachelor of Arts I Science Degree: $1,500 per year
The educational incentive pay will be disbursed during the first pay period in December of each year. Educational incentive pay shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 33 – BILINGUAL SERVICES PAY
Employees hired prior to July 1, 2011 are eligible to receive a five percent (5%) increase over their base wage rate as bilingual services pay. To qualify for bilingual services pay, Employees must be proficient in the use of Spanish, sign language, or other language approved by the employee’s supervisor. Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Human Resources Manager through a testing process established by the City.
Employees hired July 1, 2011 or later will be eligible to receive one hundred twenty dollars ($120) per month ($55.38 per pay period) as bilingual spoken services pay. To qualify for bilingual services pay, bilingual services must be necessary for the employee’s line of work, and employee must be proficient in the use of Spanish, sign language, or other language approved by the employee’s supervisor. Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.
ARTICLE 34 – OUT OF CLASSIFICATION PAY
In the event that a member of the Association is assigned to perform duties of a higher job classification, that employee shall receive out of classification pay for all hours worked in the alternate classification based on the following schedule:
Firefighter asEngineer: 5% increase over base wage rate Firefighter or Engineer as Captain: 5% increase over base wage rate Captain as Battalion Chief: 5% increase over base wage rate Battalion Chief as Fire Chief : 5% increase over base wage rate In order to qualify for out of classification pay, Employees must meet one of the following criteria:
Be on an active promotional list for the higher job classification to be worked, or
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Meet all of the eligibility requirements for taking the promotional exam(s) for the higher job classification, or
Have a letter of competence to work in the higher job classification(s) signed by the Fire Chief.
Employees who work an out of classification assignments shall be selected from a qualified eligibility list. Employees shall rotate to the bottom of the list after serving in an out of classification assignment in order for such work opportunities to be distributed equally amongst the staff. A separate list of qualified Firefighters for Engineers; Firefighters for Captains; Engineers for Captains; Captains forBattalion Chiefs; and Battalion Chiefs for Fire Chief shall be maintained for each shift.
ARTICLE 35 – TUITION REIMBURSEMENT
Employees will be eligible for tuition reimbursement of up to $1,000 per fiscal year.
Reimbursable expenses must be approved by the District Manager and will include items such as registration, tuition, textbooks, and parking.
ARTICLE 36 – MILEAGE REIMBURSEMENT
Employees who utilize their private vehicles for authorized District business (with the exception of call back assignments) shall be reimbursed based on the "Mileage and Meals Reimbursement Policy" as established by the San Bernardino County Board of Supervisors. Mileage reimbursement shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 37 – RECLASSIFICATION
During the term of this Agreement, should any employee represented by the Association be reclassified to a position having a lower salary range, the employee shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the employee's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such employee shall be designated as "Y-rated" and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the employee's actual salary.
ARTICLE 38 – SEVERANCE PROVISION IF SERVICES ARE CONTRACTED OUT During the term of this Agreement, should any position represented by the Association be eliminated as an economy measure due to the District exercising its management right to contract for services presently performed by a member of the Association (or for other reasons), the incumbent employee, pursuant to a written severance agreement on a form approved by the District’s Attorney, may agree to voluntarily resign their employment with the District and receive one (1) month worth of severance pay for each full year of service with the District. Such severance pay will be capped at a maximum of six (6) months' worth of severance pay and shall constitute the sole compensation and damages for the terminated employee. No severance shall be owed in the absence of a signed severance agreement. Any affected employee shall also receive the cash equivalent of their accrued vacation, holiday leave, and compensatory time based upon their base wage rate at the date of termination.
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SECTION 3 – RETIREMENT
ARTICLE 39 – RETIREMENT BENEFIT
All employees will be enrolled in the District's retirement program provided through the San Bernardino County Employees' Retirement System (SBCERA), based on the following provisions listed below.
All full-time sworn Barstow Fire Protection District employees who are considered by SBCERA to be Tier I employees will be provided with the following retirement benefit:
3%@50 retirement plan.
Employees classified as Tier I employees shall pay the entire SBCERA employee cost for the retirement program.
All full-time sworn Barstow Fire Protection District employees who are considered by SBCERA to be Tier II employees will be provided with the following retirement benefit:
2.7%@57 retirement plan.
Employees classified as Tier II employees shall pay the entire SBCERA employee cost for the retirement program.
ARTICLE 40 – RETIREE MEDICAL BENEFIT
The following describes the retiree medical insurance benefit that will be provided by the District.
I. Retiree Medical Benefits Required by PEMHCA
So long as the District continues to offer medical coverage through the CalPERS healthcare program, all current (as of October 1, 2012) and future Employees who retire from the District shall be entitled to the benefits described in the Public Employees' Medical and Hospital Care Act CPEMHCA) resolution(s) that are in effect. Eligibility for these benefits shall follow the rules prescribed by PEMHCA. Should the retiree qualify for any other District-paid retiree medical benefits, the PEMHCA required benefits are to be considered part of - not in addition to - those other District benefits. Furthermore, should the District discontinue providing medical coverage through CalPERS, the PEMHCA required benefits will automatically be discontinued.
II. Tier I Retirement Health Insurance Program
Those Employees who have processed a bona fide retirement from the District on or before October 1, 2012, and who currently receive a District-funded retirement health insurance benefit amount, will continue to be eligible to participate in the District-funded Tier I Retirement Health Insurance Program (Tier I). The listing below demonstrates the maximum amount that the District will contribute toward health insurance premiums for those Employees who qualify for the Tier I program, based on the health care plan selected by the employee. It will be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
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PERS-Care (PC)PPO 9110 Plan $514.00
PERS-Choice (PCh)PPO 80120Plan $499.00
PERS-Select PPO $454.10
PORACPPO $429.27
Blue Shield HMO $409.00
Blue Shield Net Value HMO $419.52
Kaiser HMO $428.57
Ill. Tier II Retirement Health Insurance Program
With the exception of any benefits required by PEMHCA, any Association member employed by the District on or before December 31, 2012 will be eligible to participate in the Districtfunded Tier II Retirement Health Insurance Program (Tier II), provided that the following provisions are met:
1. Completion of at least 10 years of employment with the District (whether or not the years of employment were in consecutive order).
2. Process a bona fide retirement from the District.
3. Be at least of retirement age for the employee's pension plan.
Employees who were employed by the District on or before December 31, 2012, and who meet the above listed Tier II eligibility requirements will be entitled to receive the following District funded contribution amounts towards health insurance premiums in retirement. It will be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
Prior to eligibility for Supplemental I Managed Medicare Health Insurance o $600/month
After eligibility for Supplemental I Managed Medicare Health Insurance o $550/month
IV. Tier Ill Retirement Health Insurance Program
With the exception of any benefits required by PEMHCA, any Association member employed by the District on or after January 1, 2013, will be eligible to participate in the District-funded Tier Ill Retirement Health Insurance Program (Tier Ill), provided that the following provisions are met:
1. Completion of at least 10 years of employment with the District (whether or not the years of employment were in consecutive order).
2. Process a bona fide retirement from the District.
3. Be at least the normal retirement age for the employee's pension plan Employees who are employed by the District on or after January 1,2013, and who meet the above listed Tier Ill eligibility requirements will be entitled to receive the following District funded contribution amounts towards health insurance premiums in retirement. It will be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
Prior to eligibility for Supplemental I Managed Medicare Health Insurance o $300/ month
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After eligibility for Supplemental I Managed Medicare Health Insurance o PEMHCA Established Minimum Employer Contribution
SECTION 4 - TIME-OFF PROVISIONS
ARTICLE 41 – HOLIDAYS
During the term of this agreement, the District will create a Holiday Leave Bank for each Association member. On the first pay period of each fiscal year, every employee's Holiday Leave Bank will be credited with fifteen ( 15) days of holiday leave time. The fifteen (15) days will be provided in recognition of the fifteen (15) paid holidays that the District recognizes annually. Employees shall be compensated for the recognized City holidays based on the amount of hours the member is scheduled to work on the holiday. Any time not taken by the employee at the end of each fiscal year will be paid out in cash during the last complete payroll period of June. The fifteen (15) holidays recognized by the District are as follows:
Holiday Day
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran’s Day As noted in the Government Code
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve Day December 31st
Floating Holiday As approved / scheduled
Employee’s Birthday As approved / scheduled
Holidays occurring on Saturday shall be observed on the Friday immediately preceding the holiday. Holidays occurring on Sunday shall be observed on the following Monday.
In any instance where Friday or Monday observance of a Saturday or Sunday holiday results in two holidays being observed on the same date, the impacted employee’s holiday shall be
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observed on the scheduled work day immediately preceding a Friday holiday observation or the scheduled work day immediately following a Monday holiday observation.
WINTER HOLIDAY HOURS
The City and the Association mutually agree to the closure of the City for business during the winter holiday period as follows: December 26 through December 31 of each year. In conjunction with the City paid holiday time (Christmas Eve, Christmas Day, New Year’s Eve Day, New Year’s Day) the Winter Holiday dates will be City paid holiday time for the employees based on the amount of hours the employee is scheduled to work on the holiday.
Employees shall also have the option of cashing out fifty percent ( 50%) of the unused time in their Holiday Leave Bank during the first payroll period with a pay date in December.
Any unusedIundistributed holiday hours remaining as of June 30th of each year shall be distributed to the employee in cash during the last complete payroll period of the fiscal year. Any cash-out of unusedIundistributed holiday hours shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 42 – VACATION
During the term of this Agreement, employees shall accrue vacation leave at 1.35 times the rate of other District bargaining groups. This is in recognition of the fact that employees work an average of fifty-six (56) hours per week as compared with non-fire department personnel who work an average of forty (40) hours per week. Based on this leave rate factor, employees shall accrue vacation leave according to the following schedule:
Years of Service
Hours Accrued Per
Pay
Period
Number Of
Pay Periods
Hours Accrued Per
Year
1 through 4 6.35 26 164.97
5 through 9 7.16 26 186.03
10 through 14 8.37 26 217.62
15 through 19 9.18 26 238.68
20 + 10.80 26 280.80
The maximum number of vacation hours that can be accumulated and maintained in any individual employee's vacation account shall be two (2) years' worth of accrual.
Once an employee has accrued two (2) years' worth of vacation hours in their account, that employee will be allowed to accrue a third (3rd) years' worth of vacation hours for use during the fiscal year. Any unused vacation hours accrued during the third (3rd) year as of June 30th shall be distributed to the employee in cash during the last complete payroll period of the fiscal year.
For members of the Association, each individual employee shall also have the option of cashing out up to fifty percent (50%) of earned and accumulated vacation hours during the first payroll period with a pay date in January. In addition, each individual employee shall have the option of cashing out up to fifty percent (50%) of earned and accumulated vacation
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hours during the last complete payroll period of the fiscal year.
Any cash-out of vacation hours shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
To the extent permitted by SBCERA, during the last year of employment prior to retirement, Employees shall be allowed to convert one (1) year of accrued vacation time into salary to be included as earnable compensation.
ARTICLE 43 – SICK LEAVE
Employees s h a l l accrue sick leave at the rate of at 1.35 times the rate of other the City’s bargaining groups. This is in recognition of the fact that employees work an average of fifty-six (56) hours per week as compared with non-fire department personnel who work an average of forty (40) hours per week. Based on this leave rate factor, employees shall accrue 5.4 hours per pay period. There shall be no accrual limit for sick leave.
Upon bona fide retirement from the District through SBCERA, employees may receive payment of accrued sick leave, up to a maximum of six hundred (600) hours. Payment shall be made at employee's rate of pay at the time of retirement. In addition, the District will offer employees the option of converting up to one (1) years’ worth of unused sick leave (2,912 hours) as earnable compensation to the extent permitted based on the program details as defined by SBCERA.
Outside of the provisions listed above, the District shall not provide any other type of annual payout for accrued sick leave. In addition, outside of the provisions listed above, the District shall not provide any other form of compensation for accrued sick leave to an employee who is separating employment with the District.
ARTICLE 44 – BEREAVEMENT LEAVE
In the event of the death of a member of an employee's immediate family (defined as a spouse, parent, stepparent, sibling, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, domestic partner, or anyone who can be certified as having raised the employee as a child), employees will be entitled to five (5) paid days for bereavement leave.
Employees may also take time off for bereavement situations for non-immediate family members by utilizing accrued sick leave or vacation leave for such circumstance with the approval of the employee’s immediate supervisor.
ARTICLE 45 – JURY LEAVE
An employee required to serve on a jury shall be entitled to regular compensation provided the employee deposits fees for jury service with the Finance Department.
ARTICLE 46 – MILITARY LEAVE
Military Leave will be granted in accordance with the requirements of applicable state and federal law.
SECTION 5 -INSURANCE
ARTICLE 47 – CAFETERIA PLAN
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Those employees who elect to receive medical coverage through the District will receive a monthly allowance towards the offered medical, dental, and vision plans. The City monthly allowance shall be paid as outlined below:
Employees who elect the Employee only plan shall receive a one-time payment in the amount of five hundred dollars ($500), payable upon ratification and adoption by City Council.
Those employees who are hired prior to December 16, 2025, who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $750 per month which can be taken as cash, put in the employee's deferred compensation account, or be used towards any additional District sponsored insurance programs.
Employees hired on or after December 16, 2025, who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $166.66 per month ($2000 annually) which can be taken as cash, put in the employee's deferred compensation account, or be used towards any additional District sponsored insurance programs.
The cafeteria plan contribution shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 48 – MEDICAL INSURANCE
The District shall offer participation in a medical insurance plan.
Medical insurance costs shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 49 – DENTAL INSURANCE
The District shall offer participation in a dental insurance plan.
Dental insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 50 – VISION INSURANCE
The District shall offer participation in a vision insurance plan.
Vision insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 51 – LIFE INSURANCE
The District shall provide each Association member with a life insurance policy of $100,000.
Life insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 52 – STATE DISABILITY INSURANCE
During the term of this Agreement, the District shall assume the actual cost of State Disability Insurance (SDI) monthly premiums forEmployees.
Employee only $1000 per month
Employee plus one dependent $1500 per month
Employee plus family $1900 per month
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ARTICLE 53 – LONG TERM DISABILITY
The District shall provide a long term disability program for Employees which include the following minimum benefit levels:
60% of base pay
Maximum benefit up to $6,000 per month.
BARSTOW PROFESSIONAL FIREFIGHTERS’ ASSOCIATION
President:
Signature: Date:
Printed Name:
Lead Negotiator:
Signature: Date:
Printed Name:
BARSTOW FIRE PROTECTION DISTRICT
District Administrator:
Signature: Date:
Printed Name:
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Packet Pg. 326 Attachment: Fire MOU Clean (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow)
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
BARSTOW FIRE PROTECTION DISTRICT
AND THE
BARSTOW PROFESSIONAL FIREFIGHTERS' ASSOCIATION (BPFA)
July I ,I, 20222025-JUNE 30,, 20252026
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BARSTOW PROFESSIONAL FIREFIGHTERS' ASSOCIATION BPFA
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
SECTION 1 – GENERAL PROVISIONS
ARTICLE 1 -PREAMBLE 4
ARTICLE 2 -RECOGNITION AND SCOPE OF REPRESENTATION 4
ARTICLE 3 -MANAGEMENT RIGHTS 4
ARTICLE 4 -ADMINISTRATIVE AUTHORITY 5
ARTICLE 5 -RULES OF GOVERNING 5
ARTICLE 6 - CONDITION OF EMPLOYMENT 5
ARTICLE 7 -HOURS OF WORK 5
ARTICLE 8 -PAYROLL DEDUCTIONS 6
ARTICLE 9 -ASSOCIATION ACTIVITIES 6
ARTICLE 10-ASSOCIATION ACCESS 6
ARTICLE 11 –EMPLOYEE WELLNESS 7
ARTICLE 12-BULLETIN BOARDS 7
ARTICLE 13 -MODIFIED DUTY 7
ARTICLE 14-SHIFT EXCHANGE 7
ARTICLE 15-EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION 7 ARTICLE 16-FIREFIGHTER ENDORSEMENT FOR DRIVERS LICENSE 7 ARTICLE 17-FIREFIGHTERS PROCEDURAL BILL OF RIGHTS 7
ARTICLE 18-GRIEVANCE PROCEDURES 7
ARTICLE 19-DISCIPLINARY APPEALS 12
ARTICLE 20 -REMOVAL OFWRITTEN REPRIMAND FROM PERSONNEL FILE 12 ARTICLE 21 -FULL AGREEMENT 12
ARTICLE 22 - SEVERABILITY 12
ARTICLE 23 -AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES 13 ARTICLE 24 -TERM OFAGREEMENT 13
SECTION 2 -SALARIES AND OTHER PAY
ARTICLE 25 -WAGES 13
ARTICLE 26 -PERFORMANCE BONUS 13
ARTICLE 27 -OVERTIME 13
ARTICLE 28 –COMPENSATORY TIME 14
ARTICLE29-SKILLSPAY 15
ARTICLE30-CALLBACKPAY 15
ARTICLE 31 -LONGEVITY PAY 15
ARTICLE 32 31 -UNIFORM ALLOWANCE 15
ARTICLE 33 32-EDUCATIONAL INCENTIVE 15
ARTICLE 34 33 -BILINGUAL PAY 16
ARTICLE3534-OUT OFCLASSIFICATION PAY 16
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Packet Pg. 328 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and ARTICLE3635-TUITION REIMBURSEMENT 16
ARTICLE 37 36-MILEAGE REIMBURSEMENT 17
ARTICLE 38 37-RECLASSIFICATION 17
ARTICLE 39 38-SEVERANCE PROVISION IF SERVICES ARE CONTRACTED OUT 17 SECTION 3: RETIREMENT
ARTICLE 40 41 4039 -[SC1]RETIREMENT BENEFIT 17
ARTICLE 41 42 4140-RETIREE MEDICAL BENEFIT 19
SECTION 4: TIME OFF PROVISIONS
ARTICLE 42 43 4241 -HOLIDAYS 21
ARTICLE 43 44 432 -VACATION 21
ARTICLE4445 443-SICKLEAVE 22
ARTICLE 45 46 454-BEREAVEMENT LEAVE 23
ARTICLE 4645 46-JURYLEAVE 23
ARTICLE 47 48 476 -MILITARY LEAVE 23
SECTION 5 -INSURANCE
ARTICLE 48 49 487-CAFETERIA PLAN 23
ARTICLE 49 50 498-MEDICAL INSURANCE 23
ARTICLE 50 51 5049 -DENTAL INSURANCE 24
ARTICLE 51 52 5150 -VISION INSURANCE
24 ARTICLE 52 53 5251-LIFE INSURANCE 24
ARTICLE 53 54 5352-STATE DISABILITY INSURANCE 24
ARTICLE 54 55 5453 -LONG TERM DISABILITY 24
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Packet Pg. 329 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and SECTION 1-GENERAL PROVISIONS
ARTICLE 1 - PREAMBLE
This Memorandum of Understanding (Agreement) is made and entered into by and between the Barstow Fire Protection District (District) and the Barstow Professional Firefighters Association (Association), pursuant to the Meyers-Milias-Brown Act of the State of California, the Barstow Municipal Code, the Barstow Fire Protection District Administrative Policy Manual, and the Personnel Policies and Procedures of the Barstow Fire Protection District.
It is the intent and purpose of this Agreement to set forth the understanding reached between the Association and the District as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by the Association and representatives of the District. The parties affirm their mutual commitment to the goals of respecting and valuing people, effective and efficient public service, sound and responsible management, and amicable employer- employee relations.
ARTICLE 2 - RECOGNITION AND SCOPE OF REPRESENTATION
The District recognizes that the following positions shall be represented by the Association:
• Fire Division Chief
• Fire Battalion Chief
Fire Battalion Chief
• Fire Captain
• Fire Engineer
• Firefighter/ Paramedic
• Firefighter / EMT
• Firefighter / EMT
The Association's scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.
ARTICLE 3 - MANAGEMENT RIGHTS
The Association recognizes the District has and will continue to retain (whether exercised or not) the exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects subject to this agreement. The District Administrator has (and will continue to retain) exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this Agreement. Said decision-making shall not (in any way directly or indirectly) be subject to the District's grievance procedure.
The exclusive rights of the District shall include, but are not limited to: determine the organization of District government and the purpose I mission of its constituent divisions I departments; set
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Packet Pg. 330 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and standards of service to be offered to the public and to exercise control and discretion over its organization and operations; establish and effect administrative regulations and employment rules I regulations consistent with law; direct its employees; take disciplinary action for just cause; relieve its employees from duty because of lack of work or for other legitimate reasons; determine the procedures and standards of selection for employment and promotion; determine the content of job classifications; determine the methods, means, and personnel by which the District's services are to be provided; maintain the efficiency of governmental operations; and to otherwise act in the interest of efficient service to the community. The inclusion of such rights in a list of District rights, and the right of the District to act on such rights shall not be subject to grievance. However, such rights shall not abridge the right of an employee to file grievance on the implementation of said rights. Notwithstanding and subject to the management rights set forth above, the Association retains all other rights under the Meyers-Milias-Brown Act.
ARTICLE 4-ADMINISTRATIVE AUTHORITY
The Fire Board shall deal with the administrative services of the District only through the District Administrator, except forthe purpose of inquiry. Neither the Fire Board, nor any members thereof, shall be allowed to give orders to any subordinates of the District Administrator.
ARTICLE 5 - RULES GOVERNING DEDUCTIONS
During the term of this Agreement, no employee represented by the Association shall suffer a reduction in wages, hours, or other terms and conditions of employment, unless such reduction is proportional to that generally suffered by the other employees of the District as part of a general cost reduction program. However, this Article shall not apply to disciplinary actions or reclassifications taken pursuant totheBarstow Municipal Code, the Barstow Fire Protection District Administrative Policy Manual, and the Personnel Rules and Regulations of the District.
ARTICLE 6 - CONDITIONS OF EMPLOYMENT
Except as otherwise noted herein, the terms and conditions of employment for members of the Association shall be those prescribed in the existing Personnel Rules and Regulations manual of the District and the Barstow Fire Protection District Administrative Policy Manual unless otherwise agreed to by the Association.
ARTICLE 7 - HOURS OF WORK
The average regular work week for full-time Employees[SC2] shall be fifty-six (56) hours. For employees with an average work week of fifty-six (56) hours, the monthly rate shall be the hourly rate times 2,912 divided by 12.
In certain instances, alternatives to the traditional work schedule for the convenience of the employee[SC3] may be appropriate. Such schedules may be installed under the following guidelines:
1. The District or the employee may initiate a request regarding such alternate work schedules.
1.2.Alternate work schedules shall not reduce service to the public. Such schedules may be revoked by either party upon notice to the other party.
2.3. Such schedules may continue by mutual agreement of both parties.
3.4. Employees who perform authorized work in excess of the defined alternate work day
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Packet Pg. 331 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and or work week and who are otherwise eligible for overtime pay shall be compensated for such work at the rate of one and one half (1 1/2) times their regular hourly rate of pay.
4.5. Employees may be assigned to or from an alternate work schedule only effective at the beginning of a biweekly pay period.
ARTICLE 8-PAYROLL DEDUCTIONS
The Association shall provide written notice to the City's Human Resources Department of the names of those employees who have submitted a written authorization for the deduction of dues, initiation fees, and premiums for approved insurance programs to the Association. After receipt of such notification from theAssociation,the City agrees to make those deductions from thepaychecks of those identified employees.
The Association certifies that it has and will maintain individual employee authorizations. The Association shall not be required to submit to the City a copy of employee's written authorization unless a dispute arises about the existence or terms of the written authorization.
Employee requests to cancel or change authorizations forpayroll deductions shall be directed to the Association. The Association shall be wholly responsible for processing these employee requests and notifying the City of any membership or deduction changes.
The Association agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of the provisions of this Article.
ARTICLE 9 - ASSOCIATION ACTIVITIES
The District shall provide Association representativesemployees with a reasonable amount of time to address Association business without loss of pay or benefits.
In addition, the District shall grant release time for Employees employees to conduct up to four (4) formal Association meetings per year. The District will also allow the Association use of District facilities and equipment for said Association meetings.
ARTICLE 10 - ASSOCIATION ACCESS
The District shall grant Association representatives reasonable access to discuss any grievance or problems arising under terms of this Agreement. In addition, Association representatives shall be permitted to conduct a reasonable amount of Association business during working hours without loss of pay or benefits, and may also use District facilities and equipment for Association activities if needed with the approval of the District Administrator. The Association shall be allowed to utilize email to notify members of dates and times of Association meetings, ratifications, and elections.
ARTICLE 11-–EMPLOYEE WELLNESS
The Fire Department's Employee Wellness Program is hereby made part of this Agreement and is incorporated herein by reference.
ARTICLE 12 - BULLETIN BOARDS
The Association is authorized to furnish a reasonable number of bulletin boards on District property, the location of which shall be mutually determined. Posted notices shall not be obscene; defamatory; discriminatory; of a political nature; pertain to public issues that do not involve the
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Packet Pg. 332 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and District or its relations with Employeesemployees; or otherwise violate District policy. The Association agrees to limit its posting of notices and bulletins to such areas.
ARTICLE 13 - MODIFIED DUTY
In the event that an employee is certified as disabled and released for modified duty by a medical examiner, the District may in accordance with applicable state and federal law assigned the identified Association member to modified duty. While on modified duty, the employee will be assigned to a forty (40) hour work week.
ARTICLE 14 - SHIFT EXCHANGE
Employees shall have the right to exchange an assigned shift with prior approval of the employee's supervisor.
ARTICLE 15 - EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION Employees who are required to augment paramedic responsibilities by obtaining and maintaining their EMT certification shall have all costs directly related to EMT certification and EMT recertification paid for by the District.
ARTICLE 16 - FIREFIGHTER ENDORSEMENT FOR DRIVER LICENSE As a condition of employment, all Employees employees are required to obtain and maintain a current and valid Firefighter Endorsement for their driver license. All costs directly related to obtaining and maintaining the said license shall be paid for by the District.
ARTICLE 17 - FIREFIGHTERS PROCEDURAL BILL OF RIGHTS
The District shall comply with the Firefighters Procedural Bill of Rights as set forth in California Government Code Section 3200.
ARTICLE 18- GRIEVANCE PROCEDURES
The following guidelines govern the District's grievance procedures.
1. Definition.
A grievance is an written allegation by an employee claiming violation of a specific express provision of this Agreement, the District's Personnel Rules and Regulations, or written District policy, unless another specific method of review is provided (e.g., discipline or discrimination).
2. Procedure.
a. Informal Grievance Procedure
The grievant and the District's representative shall make every effort to resolve the grievance at the lowest level of supervision.Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure, below.
However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (15 days from the date the grievance allegedly occurred), the grievant may proceed to the Formal Grievance Procedure in accordance with the time limits therein.
b. FormalGrievanceProcedure
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Packet Pg. 333 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and i. FirstLevelofLevelofReview.
The grievant shall present the formal grievance in writing either to his/ hertheir supervisor or to the immediate supervisor of the employee employee who is the subject of the grievance being filed. The formal written grievance must be presented within fifteen (15) days from the alleged occurrence of the violation. The written grievance shall contain the following information:
1. Name of grievant and job title;
2. Department I Division;
3. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;
4. The specific provision(s) of this Agreement, the District's Personnel Rules, or District policy alleged to have been violated;
5. Requested remedy;
6. Name of the grievant’ s representative, if any; and,
7. Date and signature of the grievant.
The supervisor shall render a decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the written grievance. If the grievant does not agree with their supervisor's decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or the Department Head's designee within fifteen (15) days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period.
ii. Second Level - Department Review.
The Department Head or their designee shall discuss, upon request, the grievance with the grievant, the grievant’ s representative, if any, and with other appropriate persons. The Department Head or designee shall render their decision and comments in writing and return them to the grievant within fifteen (15) days after receiving the formal written grievance or after the meeting with the grievant, whichever is later. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the formal grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the Personnel Officer, along with a written request that the grievance be considered at the Third Level, within fifteen (15) days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period. iii. Third Level -AdvisoryArbitration.
To activate advisory arbitration, the grievant must, within time period specified above, present the grievance in writing to the Personnel Officer forfurther processing. Failure of the grievant to take this action will constitute a waiver and bar to further processing of the grievance.
1. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of three (3) days or more without pay. The grievant may waive the right to go to advisory arbitration and instead go directly to the Fourth Level (District Manager). All other grievances shall bypass the third level of the grievance procedures and advance to the Fourth Level.
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Packet Pg. 334 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and
2. ThePersonnel Officer and the grievant shall request a list of five arbitrators from the California State Mediation and Conciliation Service.
a. By mutual agreement of the grievant and the District, advisory arbitration may be waived. In such case, the grievance shall be reviewed by District Manager in accordance with the procedures outlined in Level 4.
3. An arbitrator shall be selected by the following procedure:
a. The grievant and / or a representative of the grievant, along with the District's representative, shall select the arbitrator from the California State Conciliation Service list by eliminating names until one name remains.
The one remaining name shall be the arbitrator. All grievances reaching the arbitration level shall be numbered consecutively for the current fiscal year. The odd- numbered grievances will give the grievant first elimination; the even-numbered grievances will give the District firstelimination. b. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator.Thetechnicalrules of evidence shallnot apply during the arbitration hearing.
c. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not entertain any grievance in which the grievant has not adhered to such time limits.
d. Employees Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the employees,employees scheduling of time for each employee employee to testify at arbitration shall be in such amanner so that normal operations are not disrupted.
e. Thejurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and I or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of any Agreement or the written policies, rules, regulations and procedures of the employer.
f. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the District Administrator).
g. The arbitrator's fees and expenses shall be paid by the District. All other costs shall be borne by the party incurring such expenses. iv. Fourth Level - District Administrator.
Ifthe grievance is submitted to the District Administrator for review and settlement, the Personnel Officer, in non-arbitral cases, may elect the methods they consider appropriate for the study of the issues and shall render a written decision to the parties within fifteen (15) days. Notwithstanding the above, upon the grievant's request, the matter shall be submitted to mediation prior to the Personnel Officer's determination.
1. For all cases involving advisory arbitration recommendations, the Personnel Officer shall review the entire matter within fifteen (15) days after receipt of
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Packet Pg. 335 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and arbitrator's recommendations and render a decision.
2. The District Administrator may amend, modify, or revoke the recommendation of the arbitrator. This includes, but is not limited to, the District Administrator's right to reduce or increase the degree and type of discipline imposed. In all cases, the decision of the District Administrator shall be final and binding. c. General Provisions
i. The grievant is entitled to representation of their choice at any point in the grievance procedure.
ii. Failure by the grievant to meet any of the specified time linestimelines shall constitute a withdrawal and waiver of the grievance. Failure by the District to meet any of the specified time linestimelines shall entitle the grievant to appeal to the next level of review. iii. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. Ifthe last day of the specified time period falls on the weekend or a District observed holiday, it shall be moved to the next working day.
Otherwise, the time specified may be extended only by mutual written consent. iv. Probationary employees may not grieve a rejection from probation. v. Employees shall be assured freedom from reprisal for using the grievance procedures.
vi. The Personnel Office shall act as a central repository for all grievance records. vii. Any decision or finding involving an unbudgeted expenditure must be submitted to the Fire Board for ratification before that decision can become final and binding. vii.
viii. Failure on the part of an employee or their representative to appear in any case before an arbitrator without good cause shall result in forfeiture of the case and responsibility f o r payment f o r all associated costs by the employee.
ARTICLE 19 - DISCIPLINARY APPEALS
Appeals of punitive action pursuant to Government Code § 3254.5 (the Firefighters Procedural Bill of Rights Act) shall be conducted in accordance with Chapter 5 (commencing with Government Code Section 11500) of Part 1 of Division 3 of Title 2.
ARTICLE 20 - REMOVAL OF WRITTEN REPRIMAND FROM PERSONNEL FILE After sixty (60) months from the date of issuance, an employee may request that a written reprimand be removed from the employee's official personnel file. The request for removal shall be submitted in writing to the Fire Chief for consideration and shall include the basis for the request. The Fire Chief shall make a recommendation to the District Administrator City Manager regarding the request for removal. The decision of the District Administrator City Manager is entirely discretionary and shall be final without right to appeal or challenge through the grievance procedure. A removal of a written reprimand pursuant to this provision shall not require that any other references to that written reprimand be redacted or detached from any other material in the personnel file, including performance evaluations and other disciplinary documentation.
ARTICLE 21 - FULL AGREEMENT
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Packet Pg. 336 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and The District and the Association concur that this Agreement constitutes the entire contract between them governing wages, hours and conditions of employment of those employees inemployees in the bargaining unit during the term thereof and settles all demands and issues on all matter subject to the meet and confer process.
Accordingly, both the District and the Association do hereby waive the right during the term of this Agreement to demand negotiation upon any subject matter, whether or not such subject matter has or has not been raised or discussed by either party during negotiations leading to the execution of this Agreement, except for the following provisions:
•Any item, provision, or subject that both the District and Association jointly agree to reopen for discussion.
ARTICLE 22 -SEVERABILITY
In the event a court order renders any Article of this Agreement null and void, said ruling shall negate only the applicable Article and the balance of the Agreement shall stand as written and remain in full force and effect for the duration of its term.
ARTICLE 23 - AGREEMENT EFFECTIVE UPON APPROVAL BY BOTH PARTIES This Agreement shall be effective once approved by the Fire Board and upon ratification and approval by a majority of the employees represented by the Association who are present at a meeting convened for the specific purpose of ratifying this Agreement.
ARTICLE24-TERMOFAGREEMENT
This Agreement shall take effect on July 1,2022 2025 and shall remain in full force and effect until June 30, 20252026.
SECTION 2 -SALARIES AND OTHER PAY
ARTICLE 25 - WAGES
The Salary Range for those classifications covered by this agreement is set forth in Exhibit A and incorporated herein. Furthermore, the Salary Schedule for the classifications represented by the Association is set forth in Exhibit B and incorporated herein.
Effective the first full pay period that includes July l, 2022, all classifications in the bargaining unit shall receive an 8.0% (eight percent) salary increase.
Effective the first full pay period that includes July 1, 2023, all classifications in the bargaining unit shall receive a 6.0% (six percent) salary increase.
Effective the first full pay period that includes July 1, 2024, all classifications in the bargaining unit shall receive a 2.0% (two percent) salary increase.
Effective July 1, 20252025, all classifications in the bargaining unit shall receive a six percent (6%) salary increase.
If City receives $25M in Permit and Development Fees revenue between July 1, 2025 through June 30, 2026, employees shall receive a ten percent (10%) base salary increase effective the first full pay period following the City’s receipt of at least $25M in permit and development fees.
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Packet Pg. 337 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and Deferred 10% COLA:
During the term of this agreement, and upon the receipt of the development fee revenue in the amount of twenty-five million dollars ($25,000,000), the City agrees to immediately implement a ten percent (10%) cost-of-living adjustment to all safety members. Such increase will be effective on the first full pay period after date of revenue receipt.
ARTICLE 26 –PERFORMANCE BONUS
Performance Bonus: Employees who reach the top-step of their salary range or are y-rated will be eligible annually to receive a two percent (2%) performance bonus. To qualify for the performance bonus, the employee employee must receive a performance evaluation rating of satisfactory or better. Employees who meet that qualification will receive thea 2% performance bonus. The performance bonus will be calculated by multiplying two percent (2%) by of[JE4] multiplied by the employee's base wage rate. The performance bonus will be distributed as a onetime bonus payment subject to all applicable state and federal tax rates and will not increase the employee's base wage rate salary. A In the event that the employee's performance evaluation is not completed within forty-five (45) days of the employee's performance evaluation date, the employee shall automatically receive the a two percent (2%) performance bonus. Each employee can receive the performance bonus on a payday of their choosing. However, the performance bonus must be paid out by the last complete payroll period of the fiscal year in which the performance bonus was awarded.
ARTICLE 27 - OVERTIME
Employees are considered non-exempt employees for purposes of the Fair Labor Standards Act of 1938 and its subsequent amendments (FLSA).
It is the policy of the District to avoid overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and in such cases, is expected to perform overtime work.
Overtime means all authorized hours worked by non-exempt employees in excess of their normal work period, regular work week, work day, or shift, unless otherwise established in a manner consistent with law. For the purposes of this Agreement, overtime shall consist of all hours worked in excess of eight (8) twenty-four (24) hour shifts (or one hundred eighty-two (182) hours) in any twenty-four (24) day cycle.
All non-exempt employees who perform authorized overtime work shall be compensated for such work at the rate of one and one-half (1Yi1 1/2) times their regular hourly rate of pay multiplied by the number of overtime hours worked. For the purposes of calculating overtime, all hours in a paid status shall be counted as hours worked.
No overtime shall be recorded or reported for less than one-quarter (1141/4) hour of work. All overtime work, except for emergency conditions, must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance may be justification for disapproval of any overtime compensation and I or discipline.
ARTICLE 28- COMPENSATORY TIME
Employees may elect to take compensatory time in lieu of overtime pay. Compensatory time
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Packet Pg. 338 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and shall be administered based on the following provisions:
Eligible employees will accrue compensatory time at the rate of one and one-half (1 ½) times the actual number of hours worked for those hours worked in excess of the employee's normal work period, regular work week, work day, or shift. Compensatory time shall be reported and recorded in one-quarter (1/4) hour increments.
Total accumulated compensatory time accrued shall not exceed one hundred and sixty (160) hours. Employees who have accumulated one hundred and sixty (160) hours of compensatory time shall have overtime paid in cash until their accumulated compensatory hours fall under the one hundred (160) hour limit.
Employees may elect to buy down any amount of accrued compensatory time by submitting a written request to the Finance Department. Overtime may not be banked as compensatory time in the same pay period that compensatory time leave is used.
ARTICLE 29 – SKILL PAY
Employees who possess a Paramedica Paramedic, Emergency Medical Technician (EMT),
Hazardous Materials Technician (HMT), or Rescue Technician (Urban Search and Rescue - USAR) certification shall be eligible to receive skill pay in the amounts designated below.
Those employees who possess more than one certification shall be compensated for each certification that is obtained.
• Paramedic Certification: $575 1000 per monthh
•
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Packet Pg. 339 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and • EMT Certification: $275 per month
• HMT Certification: $125 per month
• USAR Certification: $100 per month
Those employees who possess more than one (1) certification below (Firefighter II, Equipment Operator/Driver, and/or Company Officer) shall be compensated only for the highest level of certification that is obtained based on the pay schedule below:
• Firefighter II- Employees who obtain and maintain atheir Firefighter II Certification shall receive compensation in the amount of three percent (3%) above the employee’s base rate of pay.ir base wage.
• Equipment Operator/Driver (1A/1B)-Employees who obtain and maintain an their operator 1A/1B Equipment Operator/Driver Ccertification shall receive compensation in the amount of four percent (4%) above their employee’s base rate of pay.
• Company Officers- Employees who have obtained and maintain atheir Company Officer Certification, shall receive compensation in the amount of five percent (5%) above their employee’s base rate of pay.
The City agrees to meet and confer with the Association within ninety (90) days of ratification of the Memorandum of Understanding for the purpose of negotiating and executing a side letter that establishes the implementation framework tied to the City’s Annual Comprehensive Financial Report (ACFR), for implementation of compounding skill pay increases. The negotiation of the Side Letter shall include, but not be limited to, identifying the specific compounding methodology, and language tying implementation to the City’s ACFR. The Side Letter shall set forth the percentage threshold. No compounding adjustments shall be implemented or applied until both the Association and the City reach a mutual agreement on the side letter and it is fully executed.
ARTICLE 30 - CALL BACK PAY
If amember of theAssociation is called back to work while being off-duty, such call back assignment shall be from a rotating list in order to equally distribute call back work opportunities. AnyAssociation member who is called back to work shall be guaranteed a minimum of two (2) hours of compensation at the straighttime rate, which shall be calculated beginning with their arrival at the fire station or scene of the emergency.
ARTICLE 31 -LONGEVITY PAY ELIMINATION
Effective beginning with the May 27, 2013 pay period, longevity pay will no longer be provided for anyAssociation member.
ARTICLE 32 31- UNIFORM ALLOWANCE
All Employees shall receive a uniform allowance in the amount of $900 per year. This allowance shall be paid annually according to the following schedule:
• First payroll period with a pay date in July: $450
• First payroll period with a pay date in December: $450
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Packet Pg. 340 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and ARTICLE3332-EDUCATIONAL INCENTIVE
The District agrees to provide Employees with educational incentive pay based on the following schedule:
Associate of Arts I Science Degree: $1,000 per year
Bachelor of Arts I Science Degree: $1,500 per year
The educational incentive pay will be disbursed during the first pay period in December of each year. Educational incentive pay shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
Upon separation from the District, Association members will be responsible to reimburse the District for any educational incentive paid in advance of their separation date.[SC5] ARTICLE 34 33- BILINGUAL SERVICES PAY
Employees will be eligible to receive sixty dollars ($60120) per month ($55.38 per pay period) as bilingual services pay. To qualify for bilingual services pay, bilingual services must be necessary for the employee’s line of work, eEmployees must be proficient in the use of Spanish, sign language, or otherlanguage approved bythePersonnel Officeremployee’s supervisor.
Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the District. Bilingual services pay shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
Employees hired prior to July 1, 2011 are eligible to receive a five percent (5%) increase over their base wage rate as bilingual services pay. To qualify for bilingual services pay, Employees must be proficient in the use of Spanish, sign language, or other language approved by the employee’s supervisor.
Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Human Resources Manager through a testing process established by the City.
Employees hired July 1, 2011 or later will be eligible to receive one hundred twenty dollars ($120) per month ($55.38 per pay period) as bilingual spoken services pay. To qualify for bilingual services pay, bilingual services must be necessary for the employee’s line of work, and employee must be proficient in the use of Spanish, sign language, or other language approved by the employee’s supervisor.
Employees shall be deemed proficient in Spanish, sign language, or other language approved by the Personnel Officer through a testing process established by the City.
ARTICLE 35 34 - OUT OF CLASSIFICATION PAY
In the event that a member of the Association is assigned to perform duties of a higher job classification, that employee shall receive out of classification pay for all hours worked in the alternate classification based on the following schedule:
• Firefighter asEngineer: 5% increase over base wage rate • Firefighter or Engineer as Captain: 5% increase over base wage rate • Captain as Battalion ChiefDuty OfficerBattalion Chief: 5% increase over base wage rate
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Packet Pg. 341 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and • Battalion Chief as Fire Chief Battalion Chief as Fire Chief: 5% increase over base wage rate
• 5% increase over base wage rate
•
In order to qualify for out of classification pay, Employees must meet one of the following criteria:
Be on an active promotional list for the higher job classification to be worked, or Meet all of the eligibility requirements for taking the promotional exam(s) for the higher job classification, or
Have a letter of competence to work in the higherjob classification(s) signed by theFire Chief.
Employees who work an out of classification assignments shall be selected from a qualified eligibility list. Employees shall rotate to the bottom of the list after serving in an out of classification assignment in order for such work opportunities to be distributed equally amongst the staff. A separate list of qualified Firefighters for Engineers; Firefighters for Captains; Engineers for Captains; and Captains forBattalion Chiefs; and Battalion Chiefs for Fire ChiefDutyOfficersBattalion Chiefs; and Battalion Chiefs for Fire Chief shall be maintained for each shift.
ARTICLE 36 35 -TUITION REIMBURSEMENT
Employees will be eligible for tuition reimbursement of up to $1,000 per fiscal year. Reimbursable expenses must be approved by the District Manager and will include items such as registration, tuition, textbooks, and parking. Tuition reimbursement shall not be considered or reported to SBCERAaspensionable compensation forretirementpurposes.
If[JR6] the Association member separates thirty-six months following receipt of a tuition reimbursement, there shall be a deduction from the Association member’s check equal to the tuition reimbursement over the thirty-six month period.[SC7]
ARTICLE 37 36 -MILEAGE REIMBURSEMENT
Employees vehicleEmployees who utilize their private vehicles for authorized District business (with the-fception of exception of call back assignments) shall be reimbursed based on the "Mileage and Meals Reimbursement Policy" as established by the San Bernardino County Board of Supervisors. Mileage reimbursement shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 38 37 - RECLASSIFICATION
During the term of this Agreement, should any employee represented by the Association be reclassified to a position having a lower salary range, the employee shall continue at their same salary and with the same merit salary increase eligibility date, provided such action does not result in a salary exceeding the maximum step of the salary range in which the new position is classified. Should the employee's current salary exceed the maximum step of the salary range in which the position is classified, the salary of such employee shall be designated as "Y-rated" and shall not be increased through either general increase or merit increase until the maximum step of the salary range in which the position is classified exceeds the employee's actual salary.
ARTICLE 39 38 - SEVERANCE PROVISION IF SERVICES ARE CONTRACTED OUT
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Packet Pg. 342 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and During the term of this Agreement, should any position represented by the Association be eliminated as an economy measure due to the District exercising its management right to contract for services presently performed by a member of the Association (or for other reasons), the incumbent employee, pursuant to a written severance agreement on a form approved by the District’s Attorney, may agree to voluntarily resign their employment with the District and receive one (1) month worth of severance pay for each full year of service with the District. Such severance pay will be capped at a maximum of six (6) months' worth of severance pay and shall constitute the sole compensation and damages for the terminated employee. No severance shall be owed in the absence of a signed severance agreement. Any affected employee shall also receive the cash equivalent of his/ hertheir accrued vacation, holiday leave, and compensatory time based upon their base wage rate at the date of termination.
SECTION 3 – RETIREMENT
ARTICLE 40 39- RETIREMENT BENEFIT
Both the District and the Association agree to continue exploring the possibility of transitioning the retirement system provider for all Barstow Fire Protection District employees to the California Public Employees' Retirement System (CalPERS[KAT8]).
All Employees employees will be enrolled in the District's retirement program provided through the San Bernardino County Employees' Retirement System (SBCERA), based on the following provisions listed below.
All full-time sworn Barstow Fire Protection District employees who are considered by SBCERA 10 to be Tier I employees will be provided with the following retirement benefit:
• 3%@50 retirement plan.
• Employees classified as Tier I employees shall pay the entire SBCERA employee cost for the retirement program.
• Effective July 17, 2019, the District's SBCERA employer costs for Tier I employees shall be capped at no more than forty-six percent (46%) of payroll. Each employee shall pay any portion of the employer costs that exceed forty-six percent (46%). • Effective the first full pay period in July 2020, the District's SBCERA employer costs for Tier I employees shall be capped at no more than forty-eight percent (48%) of payroll. Each employee shall pay for any portion of the employer costs that exceed forty-eight percent (48%). • Effective the first full pay period in July 2021, the District's SBCERA employer cost for Tier I employees shall be capped at no more than fifty-two percent (52%) of payroll. Each employee shall pay for any portion of the employer costs that exceed fifty-two percent (52%).
All full-time sworn Barstow Fire Protection District employees who are considered by SBCERA to be Tier II employees will be provided with the following retirement benefit:
• 2.7%@57 retirement plan.
• Employees classified as Tier II 11 employees shall pay the entire SBCERA employee cost for the retirement program.
• Effective July 17, 2019, the District's SBCERA employer costs for Tier II employees shall be capped at no more than forty-six percent (46%) of payroll. Each employee shall pay any portion of the employer costs that exceed forty-six percent (46%). • Effective the first full pay period in July 2020, the District's SBCERA employer costs for Tier II employees shall be capped at no more than forty-eight percent (48%) of payroll. Each employee shall pay for any portion of the employer costs that exceed forty-eight percent (48%). • Effective the first full pay period in July 2021, the District's SBCERA employer cost
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Packet Pg. 343 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and for Tier II employees shall be capped at no more than fifty-two percent (52%) of payroll . Each employee shall pay for any portion of the employer costs that exceed fifty-two percent (52%).
ARTICLE 41 40 - RETIREE MEDICAL BENEFIT
The following describes the retiree medical insurance benefit that will be provided by the District.
I. Retiree Medical Benefits Required by PEMHCA
So long as the District continues to offer medical coverage through the CalPERS healthcare program, all current (as of October 1, 2012) and future Employees who retire from the District shall be entitled to the benefits described in the Public Employees' Medical and Hospital Care Act CPEMHCA) resolution(s) that are in effect. Eligibility for these benefits shall follow the rules prescribed by PEMHCA. Should the retiree qualify for any other District-paid retiree medical benefits, the PEMHCA required benefits are to be considered part of - not in addition to - those other District benefits. Furthermore, should the District discontinue providing medical coverage through CalPERS, the PEMHCA required benefits will automatically be discontinued.
II. Tier I Retirement Health Insurance Program
Those Employees who have processed a bona fide retirement from the District on or before October 1, 2012, and who currently receive a District-funded retirement health insurance benefit amount, will continue to be eligible to participate in the District-funded Tier I Retirement Health Insurance Program (Tier I). The listing below demonstrates the maximum amount that the District will contribute toward health insurance premiums for those Employees who qualify for the Tier I program, based on the health care plan selected by the employee. It will be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
PERS-Care (PC)PPO 9110 Plan $514.00
PERS-Choice (PCh)PPO 80120Plan $499.00
PERS-Select PPO $454.10
PORACPPO $429.27
Blue Shield HMO $409.00
Blue Shield Net Value HMO $419.52
Kaiser HMO $428.57
Ill. Tier II Retirement Health Insurance Program
With the exception of any benefits required by PEMHCA, any Association member employed by the District on or before December 31, 2012 will be eligible to participate in the District-funded Tier II Retirement Health Insurance Program (Tier II), provided that the following provisions are met:
1. Completion of at least 10 years of employment with the District (whether or not the years of employment were in consecutive order).
2. Process a bona fide retirement from the District.
3. Be at least of retirement age for the employee's pension plan.
Employees who were employed by the District on or before December 31, 2012, and who meet the above listed Tier II eligibility requirements will be entitled to receive the following District funded contribution amounts towards health insurance premiums in retirement. Itwill be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
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Packet Pg. 344 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and • Prior to eligibility for Supplemental I Managed Medicare Health Insurance o $600/month
• After eligibility for Supplemental I Managed Medicare Health Insurance o $550/month
IV. Tier Ill Retirement Health Insurance Program
With the exception of any benefits required by PEMHCA, any Association member employed by the District on or after January 1, 2013, will be eligible to participate in the District-funded Tier Ill Retirement Health Insurance Program (Tier Ill), provided that the following provisions are met:
1. Completion of at least 10 years of employment with the District (whether or not the years of employment were in consecutive order).
2. Process a bona fide retirement from the District.
3. Be at least the normal retirement age for the employee's pension plan Employees who are employed by the District on or after January 1, 2013, and who meet the above listed Tier Ill eligibility requirements will be entitled to receive the following District funded contribution amounts towards health insurance premiums in retirement. It will be the annuitant's responsibility to fund any premium costs in excess of the amount provided by the District.
• Prior to eligibility for Supplemental I Managed Medicare Health Insurance o $300/ month
• After eligibility for Supplemental I Managed Medicare Health Insurance o PEMHCA Established Minimum Employer Contribution
SECTION 4-TIME-OFF PROVISIONS
ARTICLE 42 41 - HOLIDAYS
During the term of this agreement, the District will create a Holiday Leave Bank for each Association member. On July 1st of each yearthe first pay period of each fiscal year, every employee's Holiday Leave Bank will be credited with f i f t e e n ( 135 hours15) ofdays of holiday leave time. The 135 hoursfifteen (15) days will be provided in recognition of the fifteen (15) paid holidays that the District recognizes annually, . Employees shall be compensated for the recognized City holidays based on the amount of hours the member is scheduled to work on the holiday. with each of those holidays being observed at the rate of nine (9) hours per day. Any time not taken by the employee at the end of each fiscal year will be paid out in cash during the last complete payroll period of June. The fifteen (15) holidays recognized by the District are as follows:
Holiday Day
New Year’s Day January 1st
Martin Luther King Day 3rd Monday in January
19.b
Packet Pg. 345 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Veteran’s Day As noted in the Government Code
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve Day December 31st
Floating Holiday As approved / scheduled
Employee’s Birthday As approved / scheduled
Holidays occurring on Saturday shall be observed on the Friday immediately preceding the holiday. Holidays occurring on Sunday shall be observed on the following Monday.
In any instance where Friday or Monday observance of a Saturday or Sunday holiday results in two holidays being observed on the same date, the impacted employee’s holiday shall be observed on the scheduled work day immediately preceding a Friday holiday observation or the scheduled work day immediately following a Monday holiday observation.
WINTER HOLIDAY HOURS
The City and the Association mutually agree to the closure of the City for business during the winter holiday period as follows: December 26 through December 31 of each year. In conjunction with the City paid holiday time (Christmas Eve, Christmas Day, New Year’s Eve Day, New Year’s Day) the Winter Holiday dates will be City paid holiday time for the employees based on the amount of hours the employee is scheduled to work on the holiday.
Employees Employees shall also have the option of cashing out f i f t y p e r c e n t ( 50%) of the unused time in their Holiday Leave Bank during the first payroll period with a pay date in December. Any unused I undistributed holiday hours remaining as of June 30th of each year shall be distributed to the employee in cash during the last complete payroll period of the fiscal year. Any cash-out of unused I undistributed holiday hours shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 43 42 - VACATION
During the term of this Agreement, Employees employees shall accrue vacation leave at
1.35 times the rate of other District bargaining groups. This is in recognition of the fact that Employees employees work an average of fifty-six (56) hours per week as compared with
19.b
Packet Pg. 346 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and non-- firenon-fire department personnel who work an average of forty (40) hours per week.
Based on this leave rate factor, Employees employees shall accrue vacation leave according to the following schedule:
Years of Service Hours Accrued
Per Pay
Period
Number
Of Pay
Periods
Hours Accrued
Per Year
1 through 4 6.35 26 164.97
5 through 9 7.16 26 186.03
10 through 14 8.37 26 217.62
15 through 19 9.18 26 238.68
20 + 10.80 26 280.80
The maximum number of vacation hours that can be accumulated and maintained in any individual employee's vacation account shall be two (2) years' worth of accrual.
Once an employee has accrued two (2) years' worth of vacation hours in their account, that employee will be allowed to accrue a third (3rd) years' worth of vacation hours for use during the fiscal year. Any unused vacation hours accrued during the third (3rd) year as of June 30th shall be distributed to the employee in cash during the last complete payroll period of the fiscal year.
For members of the Association, each individual employee shall also have the option of cashing out up to fifty percent (50%) of earned and accumulated vacation hours during the first payroll period with a pay date in January. In addition, each individual employee shall have the option of cashing out up to fifty percent (50%) of earned and accumulated vacation hours during the last complete payroll period of the fiscal year.
Any cash-out of vacation hours shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
To the extent permitted by SBCERA, during the last year of employment prior to retirement, Employees shall be allowed to convert one (1) year of accrued vacation time into salary to be included as eamableearnable compensation.
ARTICLE 44 43- SICK LEAVE
Employees s h a l l accrue sick leave at the rate of at 1.35 times the rate of other other[JE9] Districtthe bargainingCity’s bargaining groups. This is in recognition of the fact that Employees employees work an average of fifty-six (56) hours per week as compared with non-fire department personnel who work an average of forty (40) hours per week. Based on this leave rate factor, Employees employees shall accrue 5.4 hours per pay period. There shall be no accrual limit for sick leave.
Upon bona fide retirement from the District through SBCERA, employees may receive payment of accrued sick leave, up to a maximum of six hundred (600) hours. Payment shall be made at employee's rate of pay at the time of retirement. In addition, the District will offer employees the option of converting up to one (1) year's worthyears’ worth of unused
19.b
Packet Pg. 347 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and sick leave (2,912 hours) as earnable compensation to the extent permitted based on the program details as defined by SBCERA.
Outside of the provisions listed above, the District shall not provide any other type of annual payout for accrued sick leave. In addition, outside of the provisions listed above, the District shall not provide any other form of compensation for accrued sick leave to an employeean employee who is separating employment with the District.
ARTICLE 45 44 - BEREAVEMENT LEAVE
In the event of the death of a member of an employee's immediate family (defined as a spouse, parent, stepparent, sibling, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, domestic partner, or anyone who can be certified as having raised the employee as a child), Employees employees will be entitled to five (5) paid days for bereavement leave.
Employees may also take time off for bereavement situations for non-immediate family members by utilizing accrued sick leave or vacation leave for such circumstance with the approval of the employee's immediateemployee’s immediate supervisor.
ARTICLE 46 45 - JURY LEAVE
An employee required to serve on a jury shall be entitled to regular compensation provided the employee deposits fees for jury service with the Finance Department.
ARTICLE 47 46 - MILITARY LEAVE
Military Leave will be granted in accordance with the requirements of applicable state and federal law.
SECTION 5 -INSURANCE
ARTICLE 48 47 - CAFETERIA PLAN
Those Employees employees who elect to receive medical coverage through the District will receive a monthly allowance towards the offered medical, dental, and vision plans. $1,000 per month which may be used to enroll in any of the offered medical, dental, and vision plans. Any unused remainder may be taken as cash, put in the employee's deferred compensation account, or be used towards any additional District sponsored insurance programs. The City monthly shall be outlined below: The City monthly allowance shall be paid as outlined below: [SC10]
Employees who elect the Employee only plan shall receive a one-time payment in the amount of five hundred dollars ($500), payable upon ratification and adoption by City Council.
Those Employees employees who are hired prior to December 16, 20256, [JE11]who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $750 per month which can be taken as cash, put in the employee's deferred compensation account, or be used towards any additional District sponsored insurance programs.
Employee only $1000 per month
Employee plus one dependent $1500 per month
Employee plus family $1900 per month
19.b
Packet Pg. 348 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and Employees hired on or after December 16, 2025, who can provide proof of medical insurance coverage through an alternative source shall be eligible to receive $166.66 per month ($2000 annually) which can be taken as cash, put in the employee's deferred compensation account, or be used towards any additional District sponsored insurance programs.
The cafeteria plan contribution shall not be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 49 48 -MEDICAL INSURANCE
The District shall offer participation in a medical insurance plan.
Medical insurance costs shall no be considered or reported to SBCERA as pensionable compensation for retirement purposes.
ARTICLE 50 49 -DENTAL INSURANCE
The District shall offer participation in a dental insurance plan.
Dental insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 5150-VISION INSURANCE
The District shall offer participation in a vision insurance plan.
Vision insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 52 51 -LIFE INSURANCE
The District shall provide each Association member with a life insurance policy of $100,000.
Life insurance costs shall not be considered or reported to SBCERA as pensionable compensation forretirement purposes.
ARTICLE 5352-STATE DISABILITY INSURANCE
During the term of this Agreement, the District shall assume the actual cost of State Disability Insurance (SDI) monthly premiums forEmployees.
ARTICLE 54 53 - LONG TERM DISABILITY
The District shall provide a long term disability program for Employees which include thefollowing minimum benefit levels:
• 60% of base pay
• Maximum benefit up to $6,000 per month.
ARTICLE 55-CLASS AND COMPENSATION STUDY
During the term of this Agreement, the District shall conduct a class and compensation study at its own expense.
19.b
Packet Pg. 349 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and BARSTOW PROFESSIONAL FIREFIGHTERS’ ASSOCIATION
President:
Signature: Date:
Printed Name:
Lead Negotiator:
Signature: Date:
Printed Name:
BARSTOW FIRE PROTECTION DISTRICT
District Administrator:
Signature: Date:
Printed Name:
19.b
Packet Pg. 350 Attachment: FINAL Unit 5-Barstow Fire MOU Redline Draft - 12.11.25 (6209 : Approval of Memorandum of Understanding Between BFPD and Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
1 Public Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 1 Environmental Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 1 Wastewater Plant Operator In Training 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 2 Office Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 2 Kennel Technician 11170 $4,576.09 $4,576.09 11110 $4,310.88 $4,310.88 2 Recreation Program Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 2 Code Compliance Officer I 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Animal Control Officer 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Police Services Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Public Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Environmental Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Senior Office Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Mechanic in Training - WW 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Wastewater Treatment Plant Operator 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 3 Police Officer Trainee 11290 $5,156.45 $6,581.09 11230 $4,857.61 $6,199.68 2 Code Compliance Officer II 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Community Service Officer 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Crime Scene Evidence Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Dispatcher 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Information Technology Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Public Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Environmental Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Accounting Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Administrative Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Senior Police Services Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Senior Wastewater Treatment Plant Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Street Sweeper Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Code Compliance Officer III 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Fire Inspector / Arson Investigator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Emergency Medical Specialist 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Administrative Assistant 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Accounting Technician 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Engineering Technician / Inspector 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 1 Mechanic 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 1 Mechanic - Wastewater 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Administrative Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Recreation Program Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Dispatcher 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025
19.c
Packet Pg. 351 Attachment: 12.16.2025 SALARY SCHEDULE-PAPS (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025 2 Community Development Inspector I 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 2 Senior Code Compliance Officer 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 1 Senior Mechanic 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 1 Senior Mechanic - Wastewater 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 6 Executive Assistant 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 2 Senior Engineering Technician / Inspector 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 2 Senior Crime Scene Evidence Technician 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 6 Code Compliance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Multi Media Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Facilities Maintenance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Parks & Open Space Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Field Services Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Community Development Inspector II 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 1 Lead Plant Operator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Recreation Activity Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Personnel Services Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Administrative Analyst 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 3 Police Officer 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 6 Senior Community Development Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Facilities Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Fleet Maintenance Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 2 Information Technology Coordinator 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 3 Police Corporal 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 3 Police Detective 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Police Services Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Field Inspection 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Industrial Pretreatment 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Office 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Recreation Program Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Senior Administrative Analyst 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 2 Senior Community Development Inspector 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Wastewater Treatment Plant Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Economic Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Public Works Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Transportation Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Engineering Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Public Information Officer 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Accountant 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Planning & Community Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Planning & Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33
19.c
Packet Pg. 352 Attachment: 12.16.2025 SALARY SCHEDULE-PAPS (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025 6 Animal Service Manager 11810 $8,650.92 $11,041.00 11750 $8,149.56 $10,401.12 6 Industrial Pretreatment Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Economic Development Specialist 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 IT Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Public Works Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Wastewater Treatment Plant Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Senior Accountant 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Parks & Recreation Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Principal Accountant 11890 $9,367.71 $11,955.84 11830 $8,824.81 $11,262.94 6 Human Resources Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 6 Information Technology Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 8 Police Sergeant 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Administrative Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Community Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Assistant Finance Director 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Public Works Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Chief Waste Water Plant Operator 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Clerk Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Planner 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Economic Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Engineer 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 City Building Official/Fire Marshal 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 Assistant to the City Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 General Manager Enviro SVCS 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 Economic Development & Planning Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 8 Police Lieutenant 12190 $12,626.26 $16,114.66 12130 $11,894.51 $15,180.74 8 Police Captain 12295 $14,016.98 $17,889.62 12235 $13,204.63 $16,852.83 Exec Mgt Finance Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Community Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Administrative Services Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Economic Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt 12480 Min: $16,849.79 Max:
$21,505.08
Exec Mgt Assistant City Manager 12400 $15,560.49 $19,859.58 12340 $14,658.69 $18,708.62 Police Chief *Police Chief's salary is a single
range, not Tier 1 or Tier 2
19.c
Packet Pg. 353 Attachment: 12.16.2025 SALARY SCHEDULE-PAPS (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) Classification Salary Range Mininum
Monthly
Maximum
Monthly
City Manager 001 $22,833.33 $22,833.33
*Salary ranges are determined by negotiated contracts.
Classification Salary Range Minimum
Hourly
Maximum
Hourly
PT-RecLeader/Lifeguard (&) 10460 $13.03 $16.62
PT-Rec Leader 10460 $13.03 $16.62
PT-Maintenance Worker I 10460 $13.03 $16.62
PT-RecLeader/Senior Lifeguard (&) 10580 $14.68 $18.74
PT-Senior RecLeader 10580 $14.68 $18.74
PT-Pool Manager 10800 $18.27 $23.32
& PT Rec Leader/Lifeguard and PT-Rec Leader/Senior Lifeguard positions shall receive an additional $2.50 per hour for ony those hours worked in the capacity as a certified lifeguard. Employees must attain and maintain required lifeguard certifications throughout the course of their employment.
FY 2025-2026 / Part-Time - Casual
Employee Classification / Compensation Program
CITY OF BARSTOW - CONTRACT EMPLOYEES
FY 2025-2026 / Contract
Employee Classification / Compensation Program
Effective July 1, 2025
CITY OF BARSTOW
19.c
Packet Pg. 354 Attachment: 12.16.2025 SALARY SCHEDULE-PAPS (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) Classification Salary Range Minimum Monthly Maximum Monthly Firefighter Trainee 11230 $4,857.61 $6,199.68
Firefighter / EMT 11480 $6,229.56 $7,950.67
Firefighter / EMT 11540 $6,612.80 $8,439.80
Firefighter / Paramedic 11480 $6,229.56 $7,950.67
Firefighter / Paramedic 11540 $6,612.80 $8,439.80
Fire Engineer 11580 $6,881.31 $8,782.48
Fire Engineer 11640 $7,304.64 $9,322.79
Fire Captain 11800 $8,565.28 $10,931.70
Fire Captain 11860 $9,092.21 $11,604.22
Fire Battalion Chief 11880 $9,274.96 $11,837.46
Fire Battalion Chief 11940 $9,845.56 $12,565.70
Assistant Fire Chief 11890 $9,367.72 $11,955.84
Assistant Fire Chief 11950 $9,944.01 $12,691.36
Fire Division Chief 12050 $10,984.38 $14,019.15
Fire Division Chief 12110 $11,660.14 $14,881.62
Fire Chief 12320 $14,369.86 $18,339.99
Classification Salary Range Minimum Hourly Maximum Hourly Paid Call Firefigher 10460 $13.03 $16.62
BARSTOW FIRE PROTECTION DISTRICT
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
BARSTOW FIRE PROTECTION DISTRICT PART TIME POSITIONS - FY 25/26 Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025
19.c
Packet Pg. 355 Attachment: 12.16.2025 SALARY SCHEDULE-PAPS (6209 : Approval of Memorandum of Understanding Between BFPD and City of Barstow) Joint Special Council/BFPD
12/16/25 05:30 PM
Administrative Services
Darcy Wigington
Resolution
Doc ID: 6217
AGENDA ITEM
AGENDA MATTER:
AMENDMENT #6 TO THE FY 2025-2026 PUBLICLY AVAILABLE PAY SCHEDULE (PAPS) EXECUTIVE SUMMARY:
The City of Barstow's governing body must approve a publicly available pay schedule (PAPS) in order to comply with the requirements of the California Public Employees' Retirement System (CalPERS) and the California Code of Regulations (CCR), Section 570.5
DISCUSSION:
The California Public Employees' Retirement System (CalPERS), pursuant to California Code of Regulations Section 570.5, requires that CalPERS employers bring forth an item before its governing body any time an amendment or modification to the PAPS occurs.
An amendment to the FY 2025/2026 PAPS is required due to the approval of an increase to the State of California’s minimum wage that will increase from $16.50/hour to $16.90/hour effective January 1, 2026.
To follow the City’s established pay table, the hourly maximum wage for the following part-time (PT) positions will be increased to meet the minimum wage requirements as set forth by the State of California:
This mandated increase will impact the City's following positions:
Recreation Leader/Lifeguard
Recreation Leader
Maintenance Worker I
Paid Call Firefighter
The current salary range for the aforementioned position is 10460/$16.62 per hour (maximum). The new salary range is 10730/$17.04 per hour (minimum).
Additionally, the following part-time positions wages will be increased to avoid salary compression:
Senior Lifeguard
Senior Recreation Leader
20 Packet Pg. 356
Joint Special Council/BFPD
12/16/25 05:30 PM
Administrative Services
Darcy Wigington
Resolution
Doc ID: 6217
AGENDA ITEM
Senior Recreation Leader/Lifeguard
Pool Manager
The Senior Lifeguard, Senior Recreation Leader, and Senior Recreation Leader/Lifeguard will receive a corresponding increase from the current salary range of 10580/$18.74 per hour (maximum) to the new salary range of 10850/$19.20 per hour (minimum).
The Pool Manager salary will move from salary range 10800/$23.32 per hour (maximum) to 10820/$22.74 per hour (minimum).
The amended PAPS will become effective on December 21, 2025, which is the first day of the pay period in which January 1, 2026, is contained.
The amended PAPS will be made available on the City of Barstow’s website. The amended PAPS that is presented to the City Council for approval is compliant with the requirements of CalPERS.
FISCAL IMPACT:
The projected increase to the minimum hourly rates for the part-time positions will have a minimal impact on the Parks & Recreation and Open Space Maintenance Department FY25/26 budgets based upon hours worked through the remainder the the fiscal year.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt Resolution No. ___-2025 approving the amended publicly available pay schedule (PAPS) (Attachment A) for FY 2025-2026 with an effective date of December 21, 2025.
20 Packet Pg. 357
RESOLUTION NO. _____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA AMENDING THE FISCAL YEAR 2025/2026 PUBLICLY AVAILABLE PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY
REQUIREMENTS PERTAINING TO PUBLICLY AVAILABLE PAY SCHEDULES WHEREAS, all employers who contract with the California Public Employee’s Retirement System (CalPERS) must comply with the publicly available pay schedule provisions contained within California Code of Regulations (CCR) 570.5; and WHEREAS, it is necessary for the City Council to review and duly approve and adopt, in accordance with requirements of applicable public meetings laws, a publicly available pay schedule; and
WHEREAS, attached to this resolution and incorporated by reference is the City of Barstow’s publicly available pay schedule which will be made publicly available on the City’s website and made available upon request; and
WHEREAS, this resolution confirms and formally adopts the amended publicly available salary schedule on December 16, 2025, with an effective date of December 21, 2025; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Barstow hereby:
1. Approves and confirms the amendment to the Fiscal Year 2025/2026 publicly available salary schedule (Attachment A) to comply with California Public Employees’ Retirement System (CalPERS) statuary and regulatory requirements for publicly available pay schedules.
__________________________________
Tim Silva, Mayor
ATTEST:
__________________________________
Andrea Flores, City Clerk
20.a
Packet Pg. 358 Attachment: Reso - proposed salary schedule 25-26 CA Min Wage 12-16-25 (6217 : Amendment to FY 2025-2026 Publicly Available Pay I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. _____-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of December, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Andrea Flores, City Clerk
20.a
Packet Pg. 359 Attachment: Reso - proposed salary schedule 25-26 CA Min Wage 12-16-25 (6217 : Amendment to FY 2025-2026 Publicly Available Pay
ATTACHMENT A
FY25/26 Amended
Publicly Available Pay Schedule (PAPS)
December 16, 2025
20.a
Packet Pg. 360 Attachment: Reso - proposed salary schedule 25-26 CA Min Wage 12-16-25 (6217 : Amendment to FY 2025-2026 Publicly Available Pay Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
1 Public Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 1 Environmental Services Assistant I 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 1 Wastewater Plant Operator In Training 11120 $4,353.99 $5,556.92 11060 $4,101.66 $5,234.87 2 Office Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 2 Kennel Technician 11170 $4,576.09 $4,576.09 11110 $4,310.88 $4,310.88 2 Recreation Program Assistant 11170 $4,576.09 $5,840.38 11110 $4,310.88 $5,501.90 2 Code Compliance Officer I 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Animal Control Officer 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Police Services Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Public Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Environmental Services Assistant II 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 2 Senior Office Assistant 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Mechanic in Training - WW 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 1 Wastewater Treatment Plant Operator 11220 $4,809.51 $6,138.29 11160 $4,530.78 $5,782.55 3 Police Officer Trainee 11290 $5,156.45 $6,581.09 11230 $4,857.61 $6,199.68 2 Code Compliance Officer II 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Community Service Officer 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Crime Scene Evidence Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Dispatcher 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Information Technology Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Public Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Environmental Services Assistant III 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Accounting Technician 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Administrative Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Senior Police Services Assistant 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Senior Wastewater Treatment Plant Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 1 Street Sweeper Operator 11320 $5,312.70 $6,780.50 11260 $5,004.80 $6,387.54 2 Code Compliance Officer III 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Fire Inspector / Arson Investigator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Emergency Medical Specialist 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Administrative Assistant 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Accounting Technician 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Engineering Technician / Inspector 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 1 Mechanic 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 1 Mechanic - Wastewater 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Administrative Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Recreation Program Coordinator 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 2 Senior Dispatcher 11420 $5,868.52 $7,489.88 11360 $5,528.41 $7,055.81 Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #6 - Council Approved December 16, 2025, effective December 21, 2025 Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025
20.b
Packet Pg. 361 Attachment: Proposed Salary Schedule - 2025-2026 - Amend #5 Jan 1 2026 CA Min Wage PT EEs 121225 (6217 : Amendment to FY 2025-2026 Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #6 - Council Approved December 16, 2025, effective December 21, 2025 Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025 2 Community Development Inspector I 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 2 Senior Code Compliance Officer 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 1 Senior Mechanic 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 1 Senior Mechanic - Wastewater 11470 $6,167.88 $7,871.95 11410 $5,810.42 $7,415.73 6 Executive Assistant 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 2 Senior Engineering Technician / Inspector 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 2 Senior Crime Scene Evidence Technician 11520 $6,482.51 $8,273.50 11460 $6,106.82 $7,794.01 6 Code Compliance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Multi Media Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Facilities Maintenance Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Parks & Open Space Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Field Services Supervisor 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Community Development Inspector II 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 1 Lead Plant Operator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Recreation Activity Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Personnel Services Coordinator 11570 $6,813.18 $8,695.53 11510 $6,418.32 $8,191.58 6 Administrative Analyst 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 3 Police Officer 11600 $7,019.62 $8,959.02 11540 $6,612.80 $8,439.80 6 Senior Community Development Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Facilities Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Fleet Maintenance Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 2 Information Technology Coordinator 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 3 Police Corporal 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 3 Police Detective 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Police Services Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Field Inspection 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Industrial Pretreatment 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Project Coordinator - Office 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Recreation Program Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Senior Administrative Analyst 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 2 Senior Community Development Inspector 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Wastewater Treatment Plant Supervisor 11700 $7,754.02 $9,896.33 11640 $7,304.64 $9,322.79 6 Economic Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Public Works Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Transportation Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Engineering Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Public Information Officer 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Accountant 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Planning & Community Development Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33 6 Planning & Environmental Services Administrator 11750 $8,149.56 $10,401.12 11690 $7,677.25 $9,798.33
20.b
Packet Pg. 362 Attachment: Proposed Salary Schedule - 2025-2026 - Amend #5 Jan 1 2026 CA Min Wage PT EEs 121225 (6217 : Amendment to FY 2025-2026 Unit Classification Salary Range
(Tier I) Monthly
Minimum
(Tier I)
Monthly
Maximum
(Tier I) Monthly
Salary Range
(Tier II)
Minimum
(Tier II)
Monthly
Maximum
(Tier II)
Monthly
Amendment #3 - Council Approved November 4, 2025, effective July 1, 2025 Amendment #4 - Council Approved November 04, 2025, effective November 04, 2025 Tier I Salary Range includes 6% premium for all full time employees with last hire date prior to July 1, 2010.
Amendment #6 - Council Approved December 16, 2025, effective December 21, 2025 Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025 Amendment #2 - Council Approved November 4, 2025, effective July 1, 2025
CITY OF BARSTOW
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
Amendment #1 - Council Approved November 4, 2025, effective July 1, 2025 6 Animal Service Manager 11810 $8,650.92 $11,041.00 11750 $8,149.56 $10,401.12 6 Industrial Pretreatment Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Economic Development Specialist 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 IT Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Public Works Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Wastewater Treatment Plant Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Senior Accountant 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Parks & Recreation Superintendent 11850 $9,002.19 $11,489.32 11790 $8,480.47 $10,823.46 6 Principal Accountant 11890 $9,367.71 $11,955.84 11830 $8,824.81 $11,262.94 6 Human Resources Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 6 Information Technology Manager 11920 $9,651.56 $12,318.11 11860 $9,092.21 $11,604.22 8 Police Sergeant 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Administrative Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Community Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Assistant Finance Director 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Public Works Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Chief Waste Water Plant Operator 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Clerk Services Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Planner 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 Economic Development Manager 12020 $10,661.32 $13,606.85 11960 $10,043.45 $12,818.27 6 City Engineer 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 City Building Official/Fire Marshal 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 Assistant to the City Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 General Manager Enviro SVCS 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 6 Economic Development & Planning Manager 12170 $12,377.47 $15,797.14 12110 $11,660.14 $14,881.62 8 Police Lieutenant 12190 $12,626.26 $16,114.66 12130 $11,894.51 $15,180.74 8 Police Captain 12295 $14,016.98 $17,889.62 12235 $13,204.63 $16,852.83 Exec Mgt Finance Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Community Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Administrative Services Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt Economic Development Director 12380 $15,253.90 $19,468.27 12320 $14,369.86 $18,339.99 Exec Mgt 12480 Min: $16,849.79 Max:
$21,505.08
Exec Mgt Assistant City Manager 12400 $15,560.49 $19,859.58 12340 $14,658.69 $18,708.62 Police Chief *Police Chief's salary is a single
range, not Tier 1 or Tier 2
20.b
Packet Pg. 363 Attachment: Proposed Salary Schedule - 2025-2026 - Amend #5 Jan 1 2026 CA Min Wage PT EEs 121225 (6217 : Amendment to FY 2025-2026 Classification Salary Range Mininum
Monthly
Maximum
Monthly
City Manager 001 $22,833.33 $22,833.33
*Salary ranges are determined by negotiated contracts.
Classification Salary Range Minimum
Hourly
Maximum
Hourly
PT-RecLeader/Lifeguard (&) 10460 $13.03 $16.62
PT-Rec Leader 10460 $13.03 $16.62
PT-Maintenance Worker I 10460 $13.03 $16.62
PT-RecLeader/Lifeguard (&) 10730 $17.04 $21.75
PT-Rec Leader 10730 $17.04 $21.75
PT-Maintenance Worker I 10730 $17.04 $21.75
PT-RecLeader/Senior Lifeguard (&) 10580 $14.68 $18.74
PT-Senior RecLeader 10580 $14.68 $18.74
PT-Senior RecLeader/Senior Lifeguard (&) 10850 $19.20 $24.51 PT-Senior RecLeader 10850 $19.20 $24.51
PT-Pool Manager 10800 $18.27 $23.32
PT-Pool Manager 11020 $22.74 $29.02
& PT Rec Leader/Lifeguard and PT-Rec Leader/Senior Lifeguard positions shall receive an additional $2.50 per hour for ony those hours worked in the capacity as a certified lifeguard. Employees must attain and maintain required lifeguard certifications throughout the course of their employment.
FY 2025-2026 / Part-Time - Casual
Employee Classification / Compensation Program
Amendment #6 - Council Approved December 16, 2025, Effective December 21, 2025
CITY OF BARSTOW - CONTRACT EMPLOYEES
FY 2025-2026 / Contract
Employee Classification / Compensation Program
Effective July 1, 2025
CITY OF BARSTOW
20.b
Packet Pg. 364 Attachment: Proposed Salary Schedule - 2025-2026 - Amend #5 Jan 1 2026 CA Min Wage PT EEs 121225 (6217 : Amendment to FY 2025-2026 Classification Salary Range Minimum Monthly Maximum Monthly Firefighter Trainee 11230 $4,857.61 $6,199.68
Firefighter / EMT 11540 $6,612.80 $8,439.80
Firefighter / Paramedic 11540 $6,612.80 $8,439.80
Fire Engineer 11640 $7,304.64 $9,322.79
Fire Captain 11860 $9,092.21 $11,604.22
Fire Battalion Chief 11940 $9,845.56 $12,565.70
Assistant Fire Chief 11950 $9,944.01 $12,691.36
Fire Division Chief 12110 $11,660.14 $14,881.62
Fire Chief 12320 $14,369.86 $18,339.99
Classification Salary Range Minimum Hourly Maximum Hourly Paid Call Firefigher 10460 $13.03 $16.62
Paid Call Firefigher 10730 $17.04 $21.75
Amendment #6 - Council Approved December 16, 2025, Effective December 21, 2025
BARSTOW FIRE PROTECTION DISTRICT
FY 2025-2026 / Full-Time
Employee Classification / Compensation Program
Effective July 1, 2025
BARSTOW FIRE PROTECTION DISTRICT PART TIME POSITIONS - FY 25/26 Amendment #5 - Council Approved December 16, 2025, effective July 1, 2025
20.b
Packet Pg. 365 Attachment: Proposed Salary Schedule - 2025-2026 - Amend #5 Jan 1 2026 CA Min Wage PT EEs 121225 (6217 : Amendment to FY 2025-2026 Joint Special Council/BFPD
12/16/25 05:30 PM
Engineering
Fidel Martinez
Amendment
Doc ID: 6239
AGENDA ITEM
AGENDA MATTER:
AMENDMENT NO. 6 TO FIRST AVENUE BRIDGE OVER BNSF FUNDING AGREEMENT NO. 15- 1001119 BETWEEN THE CITY OF BARSTOW AND THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SBCTA)
EXECUTIVE SUMMARY:
Approval of Amendment No. 6 to the Project Funding Agreement 15-1001119 between the City of Barstow and San Bernardino County Transportation Authority is requested to extend the agreement termination date to June 30, 2026.
DISCUSSION:
The City of Barstow and the San Bernardino County Transportation Authority (SBCTA) entered into agreement on or about March 4, 2015, to fund the North First Avenue overhead bridge over the BNSF Railroad Bridge No. 54C-0088 (“Project”). Subsequently, the following amendments were previously approved by the City Council and SBCTA:
Amendment No. 1 to agreement on or about July 10, 2019, to allocate additional funding to the Project; and the Parties entered into,
Amendment No. 2 to agreement on or about March 4, 2020, to add SBCTA Project Management services to the scope of the Project; and The Parties entered into Agreement No. 19-1002226 on or about September 2, 2020, to delineate roles, responsibilities, and funding commitments relative to the Construction phase of the Project; and The Parties entered into, Amendment No. 3 to agreement on or about September 2, 2020, to remove the Construction phase and revise the project funding for the Project; and the Parties entered into, Amendment No. 4 to agreement on or about August 3, 2022, to revise the project funding for the PROJECT and to extend the termination date to July 31, 2025. Amendment No. 5 to the agreement on or about June 17, 2025, allocated additional funding to the Project and extended the termination date of the agreement to December 31, 2025 Amendment No. 6 (Attachment A) has been requested by the City to extend the Agreement termination date to June 30, 2026, to allow for final invoicing and project completion.
FISCAL IMPACT:
None
RECOMMENDED ACTION:
Staff recommends that the City Council take the following action:
21 Packet Pg. 366
Joint Special Council/BFPD
12/16/25 05:30 PM
Engineering
Fidel Martinez
Amendment
Doc ID: 6239
AGENDA ITEM
1. Authorize the City Manager, or their designee, to execute Amendment No. 6 (Attachment A) to Project Funding Agreement No. 15-1001119 pertaining to the North First Avenue Overhead Bridge over the BNSF Railroad which will extend the agreement termination date to June 30, 2026.
21 Packet Pg. 367
ATTACHMENT A
15-1001119-06 Page 1 of 4
AMENDMENT NO. 6 TO PROJECT FUNDING AGREEMENT NO. 15-1001119
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF BARSTOW
FOR
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088
This AMENDMENT No. 6 to Project Funding Agreement 15-1001119 (“AMENDMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Barstow (“CITY”). SBCTA and CITY are each a “Party” or collectively “Parties.”
RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the North Desert Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010- 2040 Victor Valley Subarea Major Local Highway Program (“MLHP”) funds; and B. The Parties entered into Project Funding Agreement 15-1001119 (“AGREEMENT”) on or about March 4, 2015, to fund the North First Avenue Overhead Bridge Over the BNSF Railroad Bridge No. 54C-0088 (“PROJECT”); and
C. The Parties entered into Amendment No. 1 to AGREEMENT on or about July 10, 2019, to allocate additional funding to the PROJECT; and
D. The Parties entered into Amendment No. 2 to AGREEMENT on or about March 4, 2020, to add SBCTA Project Management services to the scope of the PROJECT; and E. The Parties entered into Agreement No. 19-1002226 on or about September 2, 2020, to delineate roles, responsibilities, and funding commitments relative to the Construction phase of the PROJECT; and
F. The Parties entered into Amendment No. 3 to AGREEMENT on or about September 2, 2020, to remove the Construction phase and revise the project funding for the PROJECT; and
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ATTACHMENT A
15-1001119-06 Page 2 of 4
G. The Parties entered into Amendment No. 4 to AGREEMENT on or about August 3, 2022, to revise the project funding for the PROJECT and to extend the termination date to July 31, 2025; and
H. The Parties entered into Amendment No. 5 to AGREEMENT on or about June 17, 2025, to allocate additional funding to the PROJECT and to extend the termination date to December 31, 2025; and
I. CITY has requested updates to Attachment A: Description of Project and Milestones; and J. CITY has requested an extension of the AGREEMENT termination date to June 30, 2026.
NOW, THEREFORE, the Parties mutually agree to the following:
1. Paragraph 7 of Section III is deleted in its entirety and replaced with the following:
“7. This Agreement will be considered terminated upon reimbursement of all eligible costs by SBCTA or June 30, 2026, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5 and 6 of Section III, shall survive the termination of this Agreement.”
2. Attachment A.1 to the AGREEMENT is replaced with the Revised Description of Project and Milestones attached as Attachment A.2 to this AMENDMENT and incorporated herein. All references to “Attachment A.1” in the AGREEMENT are hereby replaced with “Attachment A.2”.
3. Except as amended by this AMENDMENT, all other provisions of the AGREEMENT and amendments thereto shall remain in full force and effect.
4. The Recitals set forth above are incorporated herein by this reference.
5. This AMENDMENT may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.
6. This AMENDMENT shall be effective on the date executed by SBCTA. ---SIGNATURES ON FOLLOWING PAGE---
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ATTACHMENT A
15-1001119-06 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed this AMENDMENT by their authorized signatories below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: _________________________
Carolyn Schindler
Executive Director
Date: _________________________
APPROVED AS TO FORM
By: _________________________
Iain MacMillan
SBCTA Assistant General Counsel
Date: _________________________
CITY OF BARSTOW
By: _________________________
Timothy R. Silva
Mayor
Date: _________________________
APPROVED AS TO FORM
By: _________________________
Matthew Summers
City Attorney
Date: _________________________
ATTEST:
By: _________________________
Andrea Flores
City Clerk
Date: _________________________
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Packet Pg. 370 Attachment: Amendment No. 6 Funding Agreement 15-1001119-06 Draft to City 12.10.25 (6239 : Amendment No. 6 to First Avenue Bridge Over
ATTACHMENT A
15-1001119-06 Page 4 of 4
ATTACHMENT A.2
NORTH FIRST AVENUE OVERHEAD BRIDGE OVER THE BNSF RAILROAD BRIDGE NO. 54C-0088 PROJECT
Revised Description of Project and Milestones
Project Title
North First Avenue Overhead Bridge Over The BNSF Railroad Bridge No. 54C-0088 Location, Project Limits, Description, Scope of Work, Legislative Description The North First Avenue Bridge over BNSF railway UPRR AMTRAK is located 0. 2 miles north of Main Street. The project limits are approximately from White Street to Riverside Drive. North First Avenue Bridge is the main north-south corridor connecting the northern and southern communities of the City of Barstow. Currently, the bridge has only two lanes, no shoulder, and only a 4' clear walkway on one side of the existing bridge and a Sufficiency Rating (SR) of 3.0. The replacement bridge is proposed to address the overall condition of the bridge and provide standard lanes, shoulders, and sidewalks.
Project Milestone Proposed
Preliminary Environmental Study (PES) Approved 04/09/2014 Begin Environmental (PA&ED) Phase 04/10/2014
Draft Environmental Document 10/03/2015
Begin Project Report 01/05/2015
End Environmental Phase (PA&ED Milestone) 12/04/2015
Begin Preliminary Engineering 30% Design (PS&E) Phase 09/05/2015 End Design Phase (Ready to List for Advertisement Milestone) 02/28/2022 Begin Right of Way Phase 10/12/2016
End Right of Way Phase (Right of Way Certification Milestone) 02/18/2022 Begin Construction Phase (Contract Award Milestone) 07/15/2022 End Construction Phase (Construction Contract Acceptance Milestone) 07/31/2024 Begin Closeout Phase 08/01/2024
End Closeout Phase (Closeout Report) 06/30/2026
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Packet Pg. 371 Attachment: Amendment No. 6 Funding Agreement 15-1001119-06 Draft to City 12.10.25 (6239 : Amendment No. 6 to First Avenue Bridge Over Joint Special Council/BFPD
12/16/25 05:30 PM
City Manager Department
Rochelle Clayton
Other
Doc ID: 6238
AGENDA ITEM
AGENDA MATTER:
CONSIDERATION OF ISSUING A LETTER OF SUPPORT FOR THE “ROUTE 66 MUSICAL ROAD PROJECT” HONORING THE U.S. MARINE CORPS 250TH ANNIVERSARY AND THE ROUTE 66
CENTENNIAL
EXECUTIVE SUMMARY:
BACKGROUND
The Route 66 Musical Road Project is a federally certified Route 66 Centennial initiative that blends transportation infrastructure with cultural storytelling. When completed, the project will become one of the first musical road installations in California and part of a larger national network planned across all eight Route 66 states.
Key partners for this project include:
· California Historic Route 66 Association - Preserving and promoting Route 66 statewide · Route 66 Musical Roads LLC - Developer of musical roadway experiences · U.S. Marine Corps Mounted Color Guard Association - High Desert-based organization honoring Marine Corps traditions
· Sully-Miller Contracting Co. - California infrastructure contractor celebrating 100 years in operation
The installation near Barstow is designed to honor the U.S. Marine Corps while also advancing heritage tourism along Route 66, which has long been a central element of the City’s identity and economic development strategy.
Route 66 Musical Roads LLC, in partnership with several regional and national organizations, is proposing the installation of a Route 66 Musical Road near Barstow, California. The installation would use precisely spaced rumble strips that play the Marine Corps Hymn when driven over, commemorating two significant national milestones: the 250th Anniversary of the U.S. Marine Corps (1775-2025) and the Route 66 Centennial (1926-2026).
The project is located near the Marine Corps Logistics Base Barstow and is intended as a permanent cultural landmark that celebrates military service, American heritage, and the High Desert’s historic connection to Route 66. The project partners are requesting a formal Letter of Support from the City of Barstow to demonstrate community and municipal backing.
DISCUSSION:
The Route 66 Musical Road Project aligns directly with several long-standing City objectives, including:
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12/16/25 05:30 PM
City Manager Department
Rochelle Clayton
Other
Doc ID: 6238
AGENDA ITEM
Promotion of Heritage Tourism: The project adds a one-of-a-kind destination tied directly to Route 66 and the City’s existing tourism initiatives.
Recognition of Military Service: With Marine Corps Logistics Base Barstow as a major community partner and economic driver, the Marine Corps tribute holds unique local relevance.
Community Pride & National Visibility: As part of a nationwide Route 66 musical network, Barstow would gain recognition as an early participant in a high-profile, patriotic infrastructure project.
The requested Letter of Support does not obligate the City to provide funding, construction, or maintenance. It serves strictly as a formal expression of support that may assist the project partners with outreach, grants, sponsorships, and regulatory coordination.
Attached for Council review and consideration are:
1. Project Overview: Route 66 Musical Road - U.S. Marine Corps 250th Anniversary & Route 66 Centennial
2. Draft Letter of Support
FISCAL IMPACT:
Approval of the Letter of Support carries no direct fiscal impact to the City’s General Fund or any other City funds.
RECOMMENDED ACTION:
Approve the issuance of a Letter of Support for the Route 66 Musical Road Project honoring the 250th Anniversary of the United States Marine Corps and the 100th Anniversary of Route 66. 22 Packet Pg. 373
Musical Road Project is Centennial Certified
— Juan P. Rivera
This musical road will honor the Marines who
have served our nation while celebrating the
American spirit captured in Route 66”
NATIONWIDE 'MUSICAL ROAD' PROJECT
KICKS OFF IN CALIFORNIA
ROUTE 66 TO COME ALIVE WITH MUSIC. HONORING U.S.
MARINE CORPS 250TH ANNIVERSARY AND ROUTE 66
CENTENNIAL
DAGGETT, CA, UNITED STATES, November 11, 2025 /
EINPresswire.com/ -- Route 66 is about to get its groove back. A stretch of the historic highway near Barstow, California, will soon sing, literally, in honor of two American icons: the 250th Anniversary of the U.S. Marine Corps (1775–2025) and the 100th Anniversary of Route 66 (1926–2026).
When drivers cruise over the new Route 66 Musical Road, precisely spaced rumble strips trigger the familiar bars of the Marine Corps Hymn, creating a moving roadside tribute where heritage, innovation, and patriotism meet.
“This is the first announcement of the wider project installing musical roads in all eight Route 66 states,” said Chris Hill, co-founder of Route 66 Musical Roads LLC. “Our goal is to turn the most famous road in America into a symphony of history where every installation tells a story of that area.”
The California project, officially designated Route 66 Centennial Certified, will stand as both a community landmark and a salute to service. Located close to the Marine Corps Logistics Base Barstow, the project blends engineering artistry with deep local pride. “This musical road will honor the Marines who have served our nation while celebrating the American spirit captured in Route 66,” added Juan P. Rivera, Vice President of the U.S. Marine Corps Mounted Color Guard Association. “It’s a living tribute, a moment of remembrance that travelers from all over the world can experience.” The Route 66 Musical Road Project brings together a powerhouse of partners:
California Historic Route 66 Association
Route 66 Musical Roads LLC
United States Marine Corps Mounted Color Guard Association Sully-Miller Contracting Co., who are themselves marking 100 years of California infrastructure innovation Plus numerous civic, community, and heritage groups supporting the shared mission.
Sully-Miller’s century-long legacy of building California’s highways brings both precision and pride to the installation, ensuring the project’s engineering is as enduring as the history it celebrates.
The federally certified Route 66 Musical Road Project embodies heritage, service, American identity, and the enduring legacy of the High Desert community. With future plans to expand across all Route 66 states, the initiative will become a national network of musical landmarks, one rumble strip at a time.
Organizations, civic partners, and individuals who wish to participate, sponsor, or support the establishment and stewardship of the project may inquire at: [email protected]
(Individual supporters are welcome — recognition options are available but not required.) About the Partners:
NATIONWIDE 'MUSICAL ROAD' PROJECT KICKS OFF IN CAL... https://www.einpresswire.com/article-print/865584005/nationwide-musi... 1 of 2 12/4/2025, 9:28 AM
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Packet Pg. 374 Attachment: NATIONWIDE 'MUSICAL ROAD' PROJECT KICKS OFF IN CALIFORNIA (6238 : Consideration of Issuing a Letter of Support for the California Historic Route 66 Association
www.route66ca.org/2
Preserving, promoting, and educating the public about the history and value of Route 66 statewide.
Route 66 Musical Roads LLC
www.route66musicalroads.com1
Developing cultural, educational, and heritage-driven roadside music experiences along America’s historic highways, and beyond.
U.S. Marine Corps Mounted Color Guard Association
Honoring the tradition, service, and legacy of the United States Marine Corps Mounted Color Guard, based in the High Desert.
Sully-Miller Contracting Co.
A California-based infrastructure and civil construction company with a 100-year history, contributing to the transportation networks that connect communities across the state.
Chris Hill
Route 66 Musical Roads LLC
+1 917-612-3024
[email protected]
Visit us on social media:
LinkedIn
1 http://www.route66musicalroads.com
2 https://www.route66ca.org/
© 1995-2025 Newsmatics Inc. All Right Reserved.
This press release can be viewed online at: https://www.einpresswire.com/article/865584005/ Disclaimer: If you have any questions regarding information in this press release please contact the company listed in the press release. Please do not contact EIN Presswire. We will be unable to assist you with your inquiry. EIN Presswire disclaims any content contained in these releases.
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City of Barstow
220 East Mountain View Street, Suite A,
Barstow California 92311-2839
Ph: 760-256-3531 Fax: 760-256-1750 www.barstowca.org
December 16, 2025
To Whom It May Concern,
On behalf of the City of Barstow, we are pleased to express our strong support for the proposed Route 66 Musical Road honoring the 250th Anniversary of the United States Marine Corps and the Centennial of Historic Route 66.
The City recognizes the cultural and historical significance of this project and appreciates the leadership of the Marine Corps Mounted Color Guard Association (MCGA) in advancing this meaningful tribute.
Barstow’s heritage is uniquely shaped by both the United States Marine Corps and the legacy of Route 66. For generations, Route 66 has served as a vital link for travelers, service members, and families, playing a foundational role in the development and identity of Barstow and the surrounding High Desert communities. Likewise, the Marine Corps’ longstanding presence in our region—including the renowned Marine Corps Mounted Color Guard, the only mounted color guard in the entire Marine Corps—reflects Barstow’s deep military roots and enduring patriotic spirit.
The proposed musical road, which will play the United States Marine Corps Hymn, offers a creative and symbolic way to honor these two pillars of American history. The City of Barstow believes this project will:
Commemorate the Marine Corps’ 250-year legacy and the Route 66 Centennial Strengthen Barstow’s identity as a patriotic, historical, and military community Provide a unique attraction that enhances tourism and civic pride Celebrate the traditions, service, and cultural heritage that unite our region The City of Barstow proudly supports the continued planning and development of this project and looks forward to its positive contributions to our residents, visitors, veterans, and broader Route 66 communities.
Thank you for your commitment to honoring the United States Marine Corps and amplifying the historic and cultural legacy of Route 66.
Respectfully,
CITY OF BARSTOW
__________________________________
Timothy R, Silva, Mayor
__________________________________
Rochelle Clayton, City Manager
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Packet Pg. 376 Attachment: Letter of Support Route 66 (6238 : Consideration of Issuing a Letter of Support for the Route 66 Musical Road Project) Joint Special Council/BFPD
12/16/25 05:30 PM
City Clerk / Records
Maribel Hernandez
Other
Doc ID: 6243
AGENDA ITEM
AGENDA MATTER:
JOINT ITEM - CITY COUNCIL/BARSTOW FIRE PROTECTION DISTRICT BOARD OF DIRECTORS
REORGANIZATION AND SELECTION OF MAYOR PRO TEM
EXECUTIVE SUMMARY:
The City Council and Barstow Fire Protection District Board of Directors conduct an annual reorganization each December to ensure continuity of leadership for the upcoming year. As part of this process, Mayor Timothy Silva will preside over the selection of the Mayor Pro Tem for calendar year 2026.
DISCUSSION:
BACKGROUND
The City Council, serving concurrently as the Board of Directors for the Barstow Fire Protection District, holds an annual reorganization meeting to designate a Mayor Pro Tem who will act in the absence of the Mayor and perform ceremonial duties as required.
The selection process is consistent with past practice and the Council’s adopted protocols, which provide for the Mayor to open the item, invite nominations from Council Members, and conduct a formal vote to appoint the Mayor Pro Tem.
DISCUSSION
Mayor Timothy Silva will initiate the reorganization item by announcing the process and calling for nominations from the Council. After receiving nominations, the Mayor will close the nomination period and proceed with a vote of the full Council/Board to select the Mayor Pro Tem.
Once appointed, the new Mayor Pro Tem will immediately assume the responsibilities associated with the position for the duration of the 2026 calendar year.
This action is procedural in nature and is intended to ensure the orderly transition of leadership roles within both the City Council and the Barstow Fire Protection District Board of Directors.
FISCAL IMPACT:
There is no fiscal impact associated with the selection of the Mayor Pro Tem.
RECOMMENDED ACTION:
Staff recommends that the City Council and Barstow Fire Protection District Board of Directors to Conduct the annual reorganization and Nominate and select a member of the City Council to serve as Mayor Pro Tem for calendar year 2026.
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Joint Special Council/BFPD
12/16/25 05:30 PM
City Manager Department
Matthew Summers
Report
Doc ID: 6236
AGENDA ITEM
AGENDA MATTER:
REQUEST OF COUNCIL MEMBERS WILLIAMS AND NOBLE FOR CENSURE AND RELATED ACTIONS TO IMPOSE SANCTIONS WITHIN CITY COUNCIL’S POWER REGARDING MAYOR PRO
TEM ROSE UNDER CITY ETHICS CODE
EXECUTIVE SUMMARY:
Council Members Williams and Noble have requested that the City Council consider censuring Mayor Pro Tem Rose related to her conduct and consider related actions to impose sanctions within the City Council’s power under the City’s Ethics Code.
DISCUSSION:
In 2006 the City Council adopted an Ethics Code and Censure Policy and Procedures (Resolution No. 4289-2006). A copy of the Ethics Code and Censure Policy and Procedures is attached to this report (Attachment A). Under the “Implementation and Enforcement” section of the Ethics Code, the City Council is granted the authority to “impose sanctions on members whose conduct is not in compliance with the ethical standards as set forth. Those sanctions may include but are not limited to, reprimand, formal censure, budget restrictions and removal from boards and commissions.” The City’s Censure Policy is intended to provide “the mechanism by which the City Council, acting as a whole, can discipline and punish any of its members who violate state or federal laws, city ordinances, or policies.” A request for the City Council to consider a censure motion was orally submitted by Councilmember Williams and seconded by Council Member Noble in public at the December 2, 2025 City Council meeting with regard to Mayor Pro Tem Rose. Council Member Williams followed with a written censure request, per the censure policy. This written request for Council consideration of a censure motion effects compliance with the initiation provisions of the censure policy, and as a result, the matter is now before the City Council.
Censure by the City Council constitutes and is to be treated as an official expression of disapproval or criticism. A censure, if approved, represents the opinion of at least a two-thirds majority of the members of the City Council stating an official reprimand. The City Council may additionally impose other sanctions within the City Council’s power. The City Council cannot remove any Council Member from office.
A censure hearing is not a judicial proceeding and is not subject to judicial rules of evidence, crossexamination, or admissibility of evidence. A Councilmember or Mayor who is the subject of a censure request is entitled to due process, with notice and an opportunity to respond and provide a defense.
Mayor Pro Tem Rose was provided with a copy of this Agenda Report once completed and distributed to the City Council and the public.
The City Council acts as a factfinder in a censure proceeding; and as such, like other City Council hearings, Councilmembers may ask questions of staff, each other, or speakers. Any motion to censure a Councilmember should recite clear and fact-supported reasons for the proposed action and should include direction to prepare a resolution setting forth those reasons. Any motion to censure a Councilmember and adopt a resolution must be adopted by a two-thirds majority vote of the City Council, under the current Censure Policy.
The City’s Censure Policy creates a procedure for how censure motions are to be handled. At the 24 Packet Pg. 378
Joint Special Council/BFPD
12/16/25 05:30 PM
City Manager Department
Matthew Summers
Report
Doc ID: 6236
AGENDA ITEM
hearing, the member of Council subject to the censure request must be given an opportunity to make an opening and closing statement and to question their accusers. The member of the Council subject to censure may be represented by another party who may speak on their behalf or may speak for themselves.
The following procedure is recommended to be followed with regard to the request by Councilmembers Williams and Noble, with this item to be chaired by the Mayor, implementing these policies. Councilmembers Williams and Noble should be provided the opportunity to summarize their censure request and the proposed findings of fact that support the request. Mayor Pro Tem Rose should be provided the opportunity to present an initial response or rebuttal to the censure request.
Public testimony on the censure request should be allowed. Upon the completion of such testimony, the opportunity for public input should be closed. Councilmembers Williams and Rose should be provided the opportunity to present final comments on their censure request.
Mayor Pro Tem Rose should be provided the opportunity to present a final response or rebuttal to the censure request.
Any Councilmember may then ask questions.
Any Councilmember may then provide comments regarding the matters presented.
At this point in the proceedings, any Councilmember who wishes to make a motion can do so. The primary options for a motion include (a) take no action on the censure request, (b) deny the censure request, or (c) approve the censure request. As indicated above, a motion to censure Mayor Pro Tem should recite clear and fact-supported reasons for the proposed action. The City’s current Censure Policy requires a vote to adopt a Resolution making findings formally censuring a Councilmember be approved by a two-thirds vote of the City Council. If desired, the City Council may also take other actions to impose sanctions within its power.
Subject to a second, any motion made should be deliberated and, upon the completion of deliberations, a vote should be taken on the censure motion. Mayor Pro Tem Rose, as the subject of any censure motion that may be made, is advised to abstain from any vote on any censure motion himself.
FISCAL IMPACT:
There are no fiscal impacts as a result of this item.
RECOMMENDED ACTION:
The City Council may consider Councilmember Williams and Noble’s request for censuring Mayor Pro Tem Rose related to her conduct and consider related actions to impose sanctions within the City 24 Packet Pg. 379
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12/16/25 05:30 PM
City Manager Department
Matthew Summers
Report
Doc ID: 6236
AGENDA ITEM
Council’s power under the City’s Ethics Code, and in so doing consider any response or rebuttal from Mayor Pro Tem Rose, hear public testimony and take any action determined to be appropriate based on the matters presented and deliberated.
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Attachment: Ethics Code Censure Policy Reso (6236 : Request for Censure for Mayor Pro Tem Rose)
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Attachment: Ethics Code Censure Policy Reso (6236 : Request for Censure for Mayor Pro Tem Rose)
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Attachment: Ethics Code Censure Policy Reso (6236 : Request for Censure for Mayor Pro Tem Rose) From: John T. Williams
To: Matthew Summers
Subject: Fw: Resolution No. 4289-2006
Date: Wednesday, December 10, 2025 9:58:56 PM
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From: John T. Williams <[email protected]>
Sent: Wednesday, December 10, 2025 9:37:04 PM
To: Timothy Silva <[email protected]>
Cc: Rochelle Clayton <[email protected]>
Subject: Resolution No. 4289-2006
December 10, 2025
At the Barstow City Council meeting held on December 2, 2025, I requested that an item return to the next Council meeting on December 16, 2025 to censure Mayor Pro Tem Rose for her unethical conduct against City Manager Clayton. Councilman Noble supported my request with a “second” to my motion.
Barbara Rose requested that City Manager Clayton reschedule the Christmas Tree Lighting event, due to a championship CIF Football game on the same night, and City Manager Clayton denied the request due to all of the vendors that were already booked and under binding agreements with the City to provide services at the Tree Lighting event.
Barbara Rose contacted John Gardner, author of Barstow Citizen which he posted on Rants and Raves and other Facebook groups, to write a disparaging article against City Manager Clayton. Mr. Gardner, publicly stated during Public Comment at the December 2, 2025 Council meeting, that Barbara Rose contacted him and made the disparaging comments like she not vested in Barstow to him about City Manager Clayton in an effort for him to print the comments, which he did, and also apologized for during his Public Comment.
Mr. Gardner further stated that Barbara Rose approached him with compliments before she began making disparaging comments about City Manager Clayton, including how much the City Manager is paid and that she does not care about the community or their
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Packet Pg. 393 Attachment: Rose Censure (6236 : Request for Censure for Mayor Pro Tem Rose) football team.
Barbara Rose’s conduct to maliciously attack the City Manager, through coaxing others, and begin the public bashing of City Manager Clayton, is a clear violation of the Barstow Ethics Code.
Because of Barbara Rose’s unethical behavior and conduct against City Manager Clayton, I request a Public Hearing to be held on December 16, 2025 under Resolution No. 4289-2006 and the City of Barstow Censure Policy and Procedures, to Censure Barbara Rose for her unethical conduct as a Barstow City Council Member.
John “Tex” Williams, Barstow City Council
December 10, 2025
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www.barstowca.org | Address: 220 East Mountain View Street, Barstow, CA 92311
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