Agenda, regular meeting, second session — Highland City Council, December 10, 2024 (part 2 of 3)

5 11/ 14/ 2024
EXHIBIT " B"
7415 VIA DELDENE

SIDEWALK EASEMENT -PLAT
APN: 1210- 101- 38
A. P. N.: 1210- 101- 39
TRACT No. 2603
N.B. 2041600- 61
L07 77 PL
1 0 40

32. 66'
I
oIqI
O `
L4-
i
C
c
c
ac
c
c
P. O. C_

25. 00'
N89° 52' 00' E ( R)
LI A.P.N.: 1210- 101- 38
TRACT [boo 12603
N. B. 204 D 600 - 61
L07 6

SOUTH WEST PL
I —PROPERTY CORNER
A. P. N.: 1210 101- 37
VIRACT No. 12603
vise 60-6T
LOT 6
PROPERTY OWNER:

AMELIA ERIKA VELARDE
35117 TREVINO TRL, BEAUMONT
CA 92223

ASSESSOR' S PARCELS NUMBER
1210- 101- 38
TITLE: 7415 VIA DELDENE

SIDEWALK EASEMENT - PLAT
DATE OF PREPARATION: 1 1 / 14/ 2024
MAP PREPARED BY:
t Q
0 2
Feet
SCALE: 1 "= 20'

LINE TABLE
No. BEARING LENGTT
L 1 N89° 52' 00" E 4. 00'
L 2 N00° 08' 00" W 2. 19'
L3 N.58°58'44" W 4. 00'
L4 S00° 08' 00" E 2. 19'

CURVE TABLE
No. RADIUS d LENGTH
CI 49. 00' 31 ° 09' 16" 26.64'
C2 53.00' 31° 09' 16" 28. 82'
C31397
Exp. 12-31 2024
LEGEND:

SIDEWALK
EASEMENT ( 119. 67f SF)

PROPERTY LINE ----
CENTER LINE - — — -
POINT OF P. O. B

BEGINNING

POINT OF
P. O. 0

COMMENCEMENT
LEO A. AGUILERA
RCE C31397
909) 388- 7200
DATE: 1 1 / 14/ 2024
oo oo il J

FDC CORPORATION

CIVIL ENGINEERING DIVISION
322 W. ORANGE SHOW LN. SUITE 105
SAN BERNARDINO, CA. 92408
TEL: ( 909) 388-7200
6 RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND, CA 92346
No fee per GC 6103
Document Transfer Tax: $ 0 SPACE ABOVE THIS LINE FOR RECORDERS USE APN: 1210- 101- 38

GRANT OF EASEMENT

COMMUNITY TRAIL)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Amelia Erika Velarde and Ricardo Velarde Sanchez, Trustees of the Velarde Family Revocable Living Trust, Hereby GRANT( S) to the City of Highland, a Municipal Corporation, an easement for COMMUNITY TRAIL purposes upon, under, over, and across the real property in the City of Highland, County of San Bernardino, State of California, described as:

SEE EXHIBITS " A" AND " B" ATTACHED HERETO AND MADE A PART HEREOF 2 DATED:

DATED: // — — 20 2 y
AAmmelia Erika Ve larde, Trustee
1Z_$ nr1 " rtu cZ
Ricardo Velarde Sanchez, Trustee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA)

COUNTY OF SAN BERNARDINO)
On before me,\ Ss- ems 1 10 VL Notary Public,
personally appeared e Y' -
who proved to me on the basis of satisfactory evide e to be the persons whose nam , re subscribed to the within instrument and nowledged to me that e/ s the executed the same in Jis/ hr/ eir ut orized capacity( ies), and that bys/hor heir ignature( s) on the instrument the person( s), or the entity upon be of which the person( s) acted, executed the ins rument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. — — —

LISSEM NOOK
WITNESS my hand and official seal. *
my
Notary Public - California
San Bernardino County
Commission # 2483W
Comm. Expires Mar 5, 2028
ature
This Area for Official Notary Seal)
LAEngineering_ Backup\ 030173058 - DRA 021- 012 SFR- 7415 Via Deldene\ 3058 12 LDR 24- 007 7415 Via Deldene Trail Easmnt GOE. docx 7 11/ 14/ 1U24
EXHIBIT " A"
7415 VIA DELDENE

TRAIL EASEMENT - LEGAL DESCRIPTION
APN: 1210- 101- 38
THAT PORTION OF LOT 6 OF TRACT No. 12603, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 204, PAGES 60 AND 61 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 6, THENCE NORTH 90°00' 00" EAST, A DISTANCE OF 294. 03 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 6 TO THE POINT OF BEGINNING; THENCE NORTH 90. 00' 00" EAST, A DISTANCE OF

10. 00 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTH 00° 09' 00" EAST, A DISTANCE OF 102. 43 FEET; ALONG THE EASTERLY LINE OF SAID LOT 6 TO THE NORTHEAST CORNER OF SAID LOT 6 THENCE NORTH 90' 00' 00" WEST, A DISTANCE OF 10. 00 FEET; ALONG THE NORTHERLY LINE OF SAID LOT 6 THENCE SOUTH 00° 09' 00" WEST, A DISTANCE OF 102. 43 FEET TO THE POINT OF BEGINNING.

CONTAINING 1024. 30 SQUARE FEET, MORE OR LESS.

PREPARED UNDER THE SUPERVISION OF: j
C31397
1 1 / 14/ 2024 Exp. 1231- 2M
LEO A. AGUILERA DATE
9 pFCA1- F
RCE C31397
Poge 1 of 1
8 11/ 14/ 2024
EXHIBIT " B"
7415 VIA DELDENE

TRAIL EASEMENT -PLAT
A. P. N.: 1210- 101- 39
TRACT No. 12603
N.R. 204 / 60-61
LOT 7
WEST10
N90° 00' 00" E 276. 86'

36.68' /
I a \ A
0 A.P.N.: 1210- 101- 38
0 TRACT No. 12603 0\ EXX
M.H. 204 / 60- 61 c o
LO7 6
0 a
0 0
0 0
2 R 0. C. I

25. 00'
I

SOUTH WEST

PROPERTY CORNER
A. P. N.: 1210- 101- 37 N90° 00' 00"E 294. 03'
URAC T' No. 12603
M. Q. 204 / 600- 61
LOOT 5
LEGEND:

COMMUNITY
TRAIL ( 1024. 30f SF)

EASEMENT

PROPERTY LINE
CENTER LINE - — — -
POINT OF P. O. B

BEGINNING

POINT OF
P. O. 0

COMMENCEMENT
0 20 40
Feet
SCALE: 1 "= 20'
MAP PREPARED BY:

LEO A. AGUILERA - RCE C31397
DATE: 1 1 / 14/ 2024
9 STAFF REPORT

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/ City Engineer r U PREPARED BY: Matt Bennett, Assistant Public Works Director SUBJECT: Second Reading of Ordinance No. 467 — City of Highland Community Facilities District No. 24-001 ( Highland Park) Authorizing the Levy of a Special Tax Therein
RECOMMENDATION: That the City Council conduct a second reading, read by title only, waive further reading of Ordinance No. 467, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND

PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
FISCAL IMPACT: There is no fiscal impact to the City due to adopting the proposed Ordinance.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.

PREVIOUS ACTION: On November 12, 2024 the City Council conducted the first reading and discussed the subject ordinance with no modifications. It would be appropriate at this time for the City Council to conduct a second reading and adopt Ordinance No. 467.

Attachments

1. Ordinance No. 467
Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

C Manager
1 ORDINANCE NO. 467

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORDINANCE,

CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF HIGHLAND COMMUNITY FACILITIES DISTRICT NO. 24- 001 ( HIGHLAND PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN.

The City Council of the City of Highland the ("City Council") does resolve as follows:

WHEREAS, the City Council has previously adopted Resolution No. 2024- 042 entitled " A Resolution of Intention of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park) and to Authorize the Levy of a Special Tax within City of Highland Community Facilities District No. 24- 001 ( Highland Park)" ( the "Resolution of Intention"), stating its intention to conduct proceedings to form City of Highland Community Facilities District No. 24- 001 ( Highland Park) ( the " CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code ( the "Act") to finance certain services ( the " Services") including incidental expenses, to serve the CFD; and
WHEREAS, the Resolution of Intention set November 12, 2024, at 6: 00 p. m., or as soon thereafter as practical, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD the " Rate and Method"); and
WHEREAS, a notice of public hearing was published and sent to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report ( the " Report") describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321. 5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled " Resolution of Formation of the City Council of the City of Highland, California, to Establish City of Highland Community Facilities District No. 24- 001 ( Highland Park), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District" (the " Resolution of Formation") which established the CFD and authorized the levy of a special tax within the CFD; and 2 WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled " Resolution of the City Council of the City of Highland, California, Calling a Special Election and Submitting to the Qualified Electors of City of Highland Community Facilities District No. 24- 001 ( Highland Park) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District' (the "Resolution Calling Election") which called a special election of the qualified electors within the CFD; and
WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the "Special Tax") within the CFD; and
WHEREAS, on November 12, 2024, the City Council adopted a resolution entitled Resolution of the City Council of the City of Highland, California, Declaring the Results of a Special Election in the City of Highland Community Facilities District No. 24- 001 Highland Park) and Directing the Recording of a Notice of Special Tax Lien" ( the Resolution Declaring Results of Election") which certified the results of the November 12, 2024 election conducted by the City Clerk, which results showed that more than twothirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HIGHLAND DOES HEREBY FIND AND RESOLVE TO:

Section 1. Recitals. The above recitals are all true and correct.

Section 2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit " B" to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.

Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor -Controller of the County of San Bernardino, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

Section 4. Exempt Property. Except as provided in Section 53340. 1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision ( f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

Section 5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation. 3 Section 6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356. 1 of the Act shall apply to any delinquent Special Tax payments.

Section 7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

Section 8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

Section 9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

Section 10. Publication. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen ( 15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933( a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633( c).

INTRODUCED at the regular meeting of Highland City Council on November 12, 2024.

APPROVED AND ADOPTED this day of , 2024.

Penny Lilburn
Mayor
ATTEST:

Alondra M& ioz
City Clerk
4 STAFF REPORT

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Tish Nava -Cruz, Director of Administrative Services/ City Treasurer,> Q'
PREPARED BY: Octavio Duran Jr., Public Works Director/City Engineer oD SUBJECT: Budget Adjustments for Emergency Preparedness and Response efforts as a result of the Line Fire for fiscal year 2024/ 2025
RECOMMENDATION: The Finance Subcommittee recommends that the City Council:

1. Approve a budget adjustment in the amount of $200, 001 from the General Fund reserves, Economic Uncertainty fund balance ( 001- 2550), to be expended from 001. 1450. 4260 for immediate emergency preparedness and response efforts.

This adjustment will bring the total budget for emergency preparedness and response efforts to $ 300, 000 for fiscal year 2024/ 2025.

2. Authorize the City Manager to approve contracts and purchase orders up to the total budgeted amount of $300, 000, for emergency preparedness and response efforts.

FISCAL IMPACT: The total fiscal impact of this initiative is $ 200, 001 from the City' s General Fund Reserves. To mitigate this cost, the City has requested financial support from the USDA Natural Resources Conservation Service to cover a portion of the expenses related to the installation of protective measures. Additionally, the City will pursue reimbursement from its insurance provider to further reduce the financial impact on the General Fund reserves.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: On September 5, 2024, the Line Fire broke out in Highland near the intersection of Base Line and Alpin Street impacting many of our east Highland residents. Major wildfires result in a loss of vegetation which could lead to an increased risk of flooding, landslides, and mudflows in areas affected by a fire during intense rainfall. Risks remain significantly higher until vegetation is restored, which is estimated to take 2- 5 years after a wildfire. The City is preparing to address Denied
Continued
Tabled
Motion
Ayes
Noes
Abstain
Absent
Second Agenda Item No.

File No.

City Manager
1 potential impacts from debris flows/ floodir ry and provided an update on Line Fire response efforts to the Public Works Subcommittee on October 30, 2024.

City staff have been working closely with a team of technical experts and emergency personnel to evaluate impacts from the fire and identify measures to protect residents from potential debris flow/flooding, and to respond in an emergency. These efforts are unforeseen, and staff is seeking budget adjustments necessary to fund the purchase of equipment, materials, and for contract support as needed to implement mitigation measures or to respond to emergencies.

On November 12, 2024, the Finance Subcommittee approved a budget adjustment in the amount of $ 99,999 from the General Fund reserves for immediate emergency preparedness and response efforts and authorized the City manager to approve contracts and purchase orders up to that amount. Additionally, The Finance Subcommittee recommended that the City Council approve an additional budget adjustment in the amount of $200, 001 and increase the City Manager' s authorization to $ 300, 000.

Below is a summary of recently completed or future efforts that will be funded through this budget request.

Item Description
Storm Drain/ Roadwa Cleaning
Proactive cleaning of basins and clearing of culverts was recently completed Catch Basins, with in- house staff and support from CalFire crews. Additional contract Culverts, and Other support for cleaning efforts may be needed during and after future rain Basins events.

Channels — cleaning of major channels and lines occurs every 2- 3 years with support from a contractor. A purchase order has been issued in the amount of $36, 714 to clear lines and culverts ahead of this upcoming storm season.

Additional contract support will be needed to respond after future events and Channels cost will vary depending on the effort.

Roadway Debris Contract support may be needed should debris spill onto public roadways Protective Measures
On -Call contract support was used to help evaluate and recommend emergency protective measures to put in place. Additional support may be Engineering Services used as needed to support prep and response efforts.

Sandbags & Sand - Close to 25, 000 sandbags were provided last year, along with a regular stockpile of sand. The cost of each bag and sand averages to Sandba s about $ 2/ ba .

K- Rails and Gabian Walls will be installed to help divert mud/ debris from public streets. Some of these costs may be offset by the USDA Natural Resources Conservation Service ( NRCS) Emergency Watershed Protection Program ( EWP). The EWP is a cost -share program that offers 75% of the Krails/ Gabian costs to cities to install protection measures following a natural disaster.

Walls/ Barriers
2 Item Descri tion
Response Efforts
The City ordered two new Portable Changeable Message Signs for a total cost of $31, 000. Additional traffic control cones, signs, and barricades will be Traffic Control purchased for potential closures/ detours.

The City recently procured a new 6" trash pump trailer to increase in- house response capabilities during future debris flows/ floods. The City may purchase or rent additional equipment to help with response efforts including Equipment/ Materials flood monitoring cameras, gloves, shovels, wheelbarrows, etc.

Contract Support — the Public Works team is establishing a list of on -call contractors in addition to ensure 24/ 7 response during emergencies. This includes support for cleaning debris from streets/ storm drains, traffic control, Contractor Support and additional labor/ equipment.

Emergency There will be an increased cost should the City need additional resources Response including Fire/ Police Department Resources and mutual aid.

This item is being brought forward proactively to the City Council to streamline emergency preparedness efforts as we are quickly approaching the storm season. Providing the City Manager with the increased authorization will allow for quicker implementation and response time.

Attachments: None
M:\ PUBWRK\ Line Fire — Storm Prep
3 1987

STAFF REPORT

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director PREPARED BY: Kim Stater, Assistant Community Development Director SUBJECT: Allocation of the City of Highland' s Community Development Block Grant Funds for Fiscal Year 2025- 2026.

RECOMMENDATION: The City Council prioritize funding of Fiscal Year 2025- 2026 Community Development Block Grant Applications.

FISCAL IMPACT: Highland' s Community Development Block Grant (CDBG) allocation is forecasted to be $ 378, 381, a decrease of approximately 5% from last year. A maximum of 15% of the funding may be used for Public Service Projects; $ 56, 757. A minimum of 85% must be allocated to Construction Improvement Projects; $ 321, 624 PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. A Notice was also provided directly to all CDBG Applicants.

PREVIOUS ACTION: On October 8, 2024, the City Council reviewed and recommended certain City Applications for a determination of eligibility in FY 2025- 2026:

1. Approve the City' s Application in the amount of $ 120, 000 for Enhanced Code Enforcement to support a portion of the salary and benefits of a Code Compliance Officer, Administrative Assistant, and Community Development Director; and

2. Approve the City' s Application in the amount of $ 230, 000 to construct pavement improvements and ancillary work on Sparks Street between Victoria Avenue and Cunningham Street, and 11th Street between Los Feliz Drive and Victora Avenue, located within the CDBG Low/ Mod Income target areas.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No. 1-
File No.

City City Manager
1 Enhanced Code Enforcement is a continuing City Program. Pavement Rehabilitation is a new Program. Both are categorized by HUD as " Construction Improvement Projects." CDBG funds from the Enhanced Code Enforcement Program are anticipated to pay for a percentage of Community Development Staff time. If the City Council does not fund all or a portion of this Project, then the costs would be borne by the City' s General Fund or other source as approved by the Council.

BACKGROUND: The County of San Bernardino received seven ( 7) eligible CDBG Applications for Highland. These are now presented to the City Council for consideration. The total amount requested is $ 434, 000. Two ( 2) applications are categorized as Construction Improvement Proiects totaling $350, 000. The remaining five ( 5) Applications are categorized as Public Service proiects, totaling $ 84,000.

There is a shortfall in both categories with respect to available funds. Funding requested in the Construction Applications exceeds the HUD allocated amount by $28,376 ($350, 000 requested 321, 624 available). Funding requested in Public Service projects exceeds the HUD allocation by $ 27, 243 ($ 84, 000 requested - $ 56, 757 available).

For reference, a summary of all CDBG recipients from the past ten ( 10) years is attached as well as a summary of this year' s requests and individual applications ( Attachments 2- 4).

In addition to the City' s annual allocation, there is a current balance of $ 102, 067. 85 in Unprogrammed Funds" unspent from the prior fiscal years. This amount may only be distributed to Construction Improvement Projects. Staff recommends these funds remain unallocated and available for future public works projects that exceed budget.

Attachments: 1. Correspondence from County of San Bernardino

2. Summary of Past Recipients

3. Summary of Current Proposals

4. Individual Applications
2 ATTACHMENT 1
Correspondence from County of San Bernardino
3 Kim Stater
From: CDBG, Info < CDBG. [email protected]>
Sent: Friday, November 15, 2024 5: 07 PM
To: Carlos Zamano; Kim Stater
Cc: Anderson, Bryan; Dearen, Elizabeth; Graham, Kelly
Subject: Highland 2025- 2026 Notice of Funding Availability EXTERNAL EMAIL: Do not click on links or open attachments unless you know the content is safe.

Good Afternoon:

Each year, San Bernardino County ( County) must prepare and submit an Action Plan to the U. S. Department of Housing and Urban Development ( HUD). This plan identifies the expected funding amount from HUD and outlines specific activities planned to achieve the County' s housing and community development goals and objectives.

For the 2025- 2026 Program Year ( PY), the County anticipates receiving $ 6. 4 million to support the activities detailed in its 2025- 2026 Action Plan.

The County has provided an estimated funding allocation to meet submission timelines, though this estimate may fluctuate based on the federal budget approval. Once the federal allocation is finalized, adjustments to your City' s allocation may be necessary. For PY 2025- 2026, your City' s estimated annual allocation is 378 381.

This estimated allocation is based on U. S. Census data for poverty levels, overcrowded housing, and population estimates, meaning the allocation may increase or decrease once final figures are released. Please note that all amounts are subject to change based on HUD' s actual allocation to the CDBG Program.

In response to the PY 2025- 2026 Notice of Funding Availability ( NOFA), the County has received several proposals and evaluated each for federal compliance. To support your City' s involvement in this process, please provide a prioritized list of eligible proposals that best align with your City' s goals and objectives.

For your convenience, a Dropbox Link is provided to access the following documents:

1. List of Eligible Project Applications

2. Copies of Eligible Project Applications

3. List of Ineligible Project Applications ( if any)

4. Cooperating City Recommended Projects Form
As a Cooperative City in the County' s CDBG program, your City must complete a public hearing for your CDBG funding recommendations and submit the City Council' s action on the attached Cooperating City Recommended Projects Form, along with your City Council minutes, by Tuesday, January 7, 2025. Submissions after this date may not be included in the list of projects presented to the County Board of Supervisors.

Grant Process and Funding Thresholds:

The 15% Public Service Cap applies to cities with a CDBG funding allocation of $100,000 or more. The allowable number of new projects depends on each city' s formula share of the CDBG allocation, and the maximum number of newly funded construction projects is based on your City' s CDBG Administrative Cap.

Your City' s specific funding details for this cycle are as follows:
4 Total Allowable Projects: 10
Maximum Number of Construction Projects: 5
Estimated 15% Public Service Cap: $ 56, 757
Thank you for your continued support of the CDBG program. We appreciate receiving your funding recommendations no later than Tuesday, January 7, 2025. If you have questions or need further assistance, please contact your assigned Analyst.

Your City Council -approved funding recommendations will be included in the County' s 2025- 2026 Action Plan and is anticipated to be approved by the County Board of Supervisors in early April.

Sincerely,
Community Development Division
Community Development Block Grant
Community Development and Housing Department
retps: llcdh. sbcounty. govl
Phone: 909- 501- 0600
560 E. Hospitality Lane, Suite 200
San Bernardino, CA 92415- 0043
5AN BERNARDINO
COUNTY
Our job is to create a county in which those who reside and invest can prosper and achieve well- being. wwvv.Sec Ourity.gov
County of San Bernardino Confidentiality Notice: This communication contains confidential information sent solely for the use of the intended recipient. If you are not the intended recipient of this communication, you are not authorized to use it in any manner, except to immediately destroy it and notify the sender 5 ATTACHMENT 2
Summary of Past Participants
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13 ATTACHMENT 4
Individual Applications
14 Construction Program Application
CSan Bernardino County
Fiscal Year 2025 - 2026
Construction Improvement Application
Fiscal Year 2025 - 2026
H IGH25CN- 001
Log Number
Office Use Only)
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
R Application Checklist
15 Construction Program Application Fiscal Year 2025 — 2026 Exhibit 1: Organization Information
Organization Name:

City of Highland
Organization Address:
27215 Base Line
City/ State/ Zip: [ Highland / CA / 92346
Phone: 909 864- 6861
Fax: 909 862- 3180
Email: kstater cit ofhi hland. or
Applicant Type: Local Government Agency
Authorized Person Name: IlLawrence A. Mainez
Authorized Person' s Title: FC-onumunity Development Director Address: 127215 Base Line
City/ State/ Zip: [ Highland / CA / 92346
Phone: 909 864- 6861, x215
Fax: 909 862- 3180
Email: Imainez cit ofhi hland. or
Application Contact Person' s Name: Kim Stater
Application Contact Person' s Title: Assistant Community Development Director Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 1) Mission - Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible. The mission is established to reflect the following beliefs which represent the predominant beliefs of the community. They express what matters most in the conduct of public affairs affecting the citizenry of Highland, responsibility, services accountability, creativity, neighborhood sustainability, vision and family. 2) Purpose - The City' s purpose is to develop a vibrant economy for the benefit of our citizens and businesses. 3) Population Served - Highland has a diverse population of approximately 56, 000 persons. 4) No. years serving the population - The City of Highland incorporated in 1987, serving the community for 37 years. 5) N/ A
16 Construction Program Application Fiscal Year 2025 - 2026 Exhibit 2: Project Information
Project Title:

Enhanced Code Enforcement
Address:
27215 Base Line
City / State/ Zip:

Highland / CA / 92346 I
County Supervisorial District where project will be located:
1 s` District 2nd District ® 3rd District: 41h District 5th District Is this a new construction project, or a request for additional funding to an existing CDBG Project? Request for additional funding to an existing CDBG project If requesting additional funds for an existing CDBG project, provide prior CDBG project number? HIGH- 24- 1- 15- 1355
Project Type ( Description):

The project proposes to revitalize lower -income neighborhoods and improve public health and safety through the outreach and enforcement of property maintenance standards. The program would partially fund three City staff. Staff would identify and inspect residential and commercial property deficiencies, contact the responsible party, provide resources for abatement, and conduct outreach in response to homelessness.

Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks. 090710063022, 06710064021, 06710064022, 060910065, 00106091, 007408206, 0710074072, 060710074101, 060710076011, 060710076012, 060710076013, 060710076014, 060710076031, 060710076032, 060710076033, 060710076042 17 Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2025 - 2026
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business -Like
Manner. Yes
Ensure Development of a Well -Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents. Yes
Pursue County Goals and Objectives by Working
with Other Governmental Agencies. Yes
Provide a brief narrative of how your project meets the Countywide Vision:

Highland shares the County' s vision for a vibrant economy, quality community health, public safety and housing. Providing quality housing to all economic segments of the community and ensuring all residents have a neighborhood in which individuals and families can thrive and be proud of is a key component to the community' s success. To achieve these goals, the City must stop neighborhood decline through the enhancement of Code Enforcement efforts and outreach. Staff will seek to eliminate the accumulation of trash and debris, substandard housing, abandoned vehicles, overgrown vegetation and zoning violations that negatively affect the quality of life for individuals, families and neighborhoods. The project would partially fund a Code Compliance Officer who would conduct inspections and abate violations, a portion of an Administrative Assistant to assist with admin duties, and a portion of the Community Development Director who will provide direction on an as -needed basis. City staff will provide information and services to residents with violations. 18 Construction Program Application
Exhibit 3: Project Characteristics
Fiscal Year 2025 - 2026
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

N/ A
What is the current zoning?
Is this use permitted in this zoning?
N/ A
Is a conditional use permit required? Yes/ No
Complete applicable items for all construction projects:

Assessor' s parcel number:

N/ A
Square footage of proposed building or building addition:

N/ A
Square footage of construction site parcel:

N/ A
Length of improvements if street, water or sewer project:

N/ A
Service capacity of existing facility:

Improved service capacity of the facility:

N/ A
Age of structure:

N/ A
Is the structure registered as a historic landmark under state, federal or local Law? N/ A
Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acauisition or structural improvements are proposed ( attach a map). - The boundaries can be described as the City' s CDBG Target Area generally located south of Highland Avenue and west of State Route 210.
19 Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or "NO".

Fiscal Year 2025 - 2026
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs Yes
Code Enforcement Yes
Demolition and Clearance Yes
Blight Abatement Yes
Infrastructure Needs No
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements No
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs No
Removal of Architectural Barriers No
Historic Preservation Needs: Yes
Historic Preservation Improvements Yes
Other:
20 Construction Program Application
Exhibit 4: Priority Needs ( continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
Yes
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2025 - 2026
The project protects and improves the physical health and economic vitality of its residents and businesses by ensuring health & safety and property maintenance Code violations are corrected. The City halts the deterioration of housing stock in lower income neighborhoods. ice_ _ ten
tnls Drolect Is neeaeu, .> 1Le LI IC CVIUCI ILA-- LU JUUJLCLI I ICrIG a IG I icon The project is needed to improve property conditions in the City, encourage affordable housing and improve living conditions. The Target Area suffers from blighted conditions such as a lack of property maintenance, substandard living conditions, illegal and unsafe structures.

Why must this proposed project be funded now versus receiving funding in future vears?
The decline of residential and non- residential infrastructure is incremental. The longer the City waits to address issues, the more numerous and compounded they become.

What are the ramifications if this project is not recommended for funding in this fiscal dl
The City's Code Enforcement efforts would be less. Violations may go unanswered and further the decline of properties in the CDBG Target Area. Housing neighborhood stabilization efforts would suffer and recover in the City's economically disadvantaged neighborhoods would be impaired.
21 Construction Program Application Fiscal Year 2025 - 2026 What is the project' s population to be served?
The project will be conducted within the City's CDBG Target Area and will assist the economically disadvantaged. It will serve families of low, very -low and extremely -low income.

It will serve areas that contain the oldest housing stock in the City with the least amount of infrastructure and opportunities.
vvnat is the projects accompnsnment ilevei
The project will reduce the number of substandard property violations including the accumulation of trash and debris, overgrown vegetation, illegal construction, inoperative vehicles, etc. Efforts will make a visible and quantifiable improvement. While addressing violations, staff will direct resources related to housing and economic development programs that assist disadvantaged families.

Summarize the Scope of Work; include in your summary the number of units or activities the project will complete wan I UbU Tunas.
ie Officer will conduct daily inspections and issue warnings and violations as necessary. ley will provide residents with referrals to housing advocates, legal aid and other social rvices. The Officer will coordinate with San Bernardino County Animal Control, Weed atement, Vector Control and Sheriffs Office. Approximately 100 inspections can be pected each month at 75 properties resulting in 20 violations. The Administrative Assistant II manage the related document filing to maximize the Officer's time in the field.

Describe how the project preserves a low and moderate - income nelgnoorn000, of rovides other community DeneTlts.

The project will halt and improve property conditions. Considerable decline is visible in the lack of maintenance, illegal additions, abandoned vehicles, overgrown vegetation, etc. The identification and rectification of these items will improve individual properties, their surrounding neighborhood, and City as a whole. Business attraction and retention within the Target Area is key to revitalization of vacant and substandard commercial and industrial properties.
22 Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2025 - 2026
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: ( b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
Site acquisition
Local Review application
Construction
Other: Staff time 120, 000. 00 251, 750. 00
Total 120, 000. 00 251, 750. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 371, 750. 00 23 Construction Program Application Fiscal Year 2025 — 2026 Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share
Highland 120, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
11122/ 2016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: City General Fund 251, 750. 00 07/ 01/ 2025
Total Leveraging Funds 251, 750. 00
Is
24 Construction Program Application Fiscal Year 2025 - 2026 Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/ accomplishment goals of 40% by September 30t", 50% by December 31st, 80% by March 31St, and 100% by June 30tn
Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of
Reimbursement:

Amount ($):
07/ 01 / 2025 10, 000. 00
08/ 01 / 2025 10, 000. 00
09/ 01/ 2025 10, 000. 00
10/ 01 /2025 10, 000. 00
11 / 01 / 2025 10, 000. 00
12/ 01 / 2025 10, 000. 00
01 / 01 / 2026 10, 000. 00
02/ 01 /2026 10, 000. 00
03/ 01 /2026 10, 000. 00
04/ 01 /2026 10, 000. 00
05/ 01 / 2026 10, 000. 00
06/ 01 /2026 10, 000. 00
Total Reimbursement: 120, 000. 00
im
25 Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025 - 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.

Describe your agency' s experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding decreases.

N/ A
INSTRUCTIONS: Complete the table below by marking "YES" or "NO to the questions listed below.

Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney No General, or the Franchise Tax Board?
Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
12 26
Construction Program Application Fiscal Year 2025 - 2026 Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered "Yes", please explain the circumstances and outcome below.

CSAN BERNARDINO
COUNTY
E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2026 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below -listed applicant and have authority to enter into agreements on behalf of the below -listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below -listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below -listed applicant as required by the CDH' s CDBG 2025- 2026 Funding Application.

I understand that CDH may change the CDBG application system from time to time. I agree that the below -listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2025 - 2026 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/ or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non- discrimination
This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability
We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation ( copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

City of Highland 33- 0270638
Mailing Address: Phone No.:
27215 Base Line, Highland, CA 92346 909) 864- 6861
Email Address: Fax No:
kstater@cityofhighland. org
909) 862- 3180
Authorized Signature
Print Name: Print Title:

Lawrence A. Mainez Community Development Director
Signature: Date:
10/ 09/ 2024
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
Cl
28 Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2025 - 2026
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi - public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body' s ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed P
Enhanced Code Enforcement I
Le al/ Incorporated Name of Prospective M& O Entity:

Citv of Highland
Address:
27215 Base Line, Highland, CA 92346
Federal I. D. Number of M& O Entity:
33- 0270638
Signature: Lawrence A. Mainez
Print Name: Lawrence A. Mainez
Title: Community Development Dire(
Date: 10/ 09/ 2024
15 29
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2025 - 2026
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other:

Sub -Total

0. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total 0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total 0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
30 Construction Program Application Fiscal Year 2025 - 2026 Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total

0. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc.

Revenue Sources: Amount ( ):

Budgeted Revenue Total

0. 00
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense 1 $

0. 00
17 31
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2025 - 2026
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 32
Construction Program Application

SAN SFRNAR) INO
COUNTY
San Bernardino County
Fiscal Year 2025 - 2026
Construction Improvement Application
Fiscal Year 2025 - 2026
HIGH25CN- 002
Log Number
Office Use Only)
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:

Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Exhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
Application Checklist
33 Construction Program Application Fiscal Year 2025 - 2026 Exhibit 1: Organization Information
Organization Name:

City of Highland
Organization Address:
27215 Base Line
City/ State/ Zip: Hi hland / CA / 92346
Phone: 9 99- 864- 6861
Fax:

Email: oduran @cit ofhi hland. or
Applicant Type: lCity
Authorized Person Name: joctavio Duran Jr.

Authorized Person' s Title: jPublic Works Director/City Engineer Address: 127215 Base Line
City/ State/ Zip: lHighland / CA / 92346
Phone: 19098646861
Fax:

Email: oduran cit ofhi hland. or
Application Contact Person' s Name: jOctavio Duran Jr
Application Contact Person' s Title: jPublic Works Director/ City Engineer Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates. 1) Mission: Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and staff of the City of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible. 2) Purpose: To develop a vibrant economy for the benefit of our citizens and businesses; 3) Population served: 56, 705; 4) Number of years serving population: 33; 5) Supporting Services: Transportation, Funding Sources: Local and State funds, Start Date: 7/ 1/ 25, End Date: 6/ 28/ 26. 34 Construction Program Application
Fiscal Year 2025 - 2026
Exhibit 2: Project Information
Project Title:

FY 25/ 26 CDBG Highland Pavement Rehabilitation Project Address:
27215 Base Line
Citv / State/ Zip:

Highland / CA / 92346 I
County Supervisorial District where project will be located:
1 s' District 2nd District ® 3rd District: 4th District 5th District Is this a new construction project, or a request for additional funding to an existing CDBG Project? New Construction Project
If requesting additional funds for an existing CDBG project, provide prior CDBG project number? Project Type ( Description):

Construct pavement rehabilitation and ancillary work on two streets located in two neighborhoods within the CDBG Low -Mod Income eligible block area boundaries within the City of Highland including: Sparks St: Victoria Ave - Cunningham St and 11th St: Los Feliz Dr Victoria Ave
Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested.

Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks.

Block groups to be benefited are Block Group 060710076033 and 060710076012 35 Construction Program Application
EXHIBIT 2A: Countywide Vision
Fiscal Year 2025 - 2026
Indicate Yes/ No in the table below which countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Yes
Create, Maintain and Grow Jobs and Economic
Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and Business -Like
Manner. No
Ensure Development of a Well -Planned, Balanced,
and Sustainable County. Yes
Maintain Public Safety.

Yes
Provide for the Health and Social Services Needs of
County Residents. No
Pursue County Goals and Objectives by Working
with Other Governmental Agencies. No
Provide a brief narrative of how your project meets the Countywide Vision:

The project includes improvements in residential neighborhoods that are near and have convenient access to commercial and planned development areas. The project will improve public infrastructure from a deteriorated state to new condition, provide a safer and more convenient and attractive transportation environment, and will provide low- income residents with better access to job opportunities in the local area. 36 Construction Program Application
Exhibit 3: Project Characteristics
Fiscal Year 2025 — 2026
Street address and nearest cross streets of the site where the program will be carried out:

Legal property owner:

City of Highland
What is the current zoninq?
Public Right -of -Way
Is this use permitted in this zoning?
Yes
Is a conditional use permit required? Yes/ No
No
Complete applicable items for all construction projects:

Assessor' s parcel number:
n/ a
Square footage of proposed building or building addition:
n/ a
Square footage of construction site parcel:
n/ a
Length of improvements if street, water or sewer project:
1600 linear feet (- 55, 000 SF)
Service capacity of existing facility:

Improved service capacity of the facility:
n/ a
Age of structure:
n/ a
Is the structure registered as a historic landmark under state, federal or local Law? n/ a
Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acquisition or structural improvements are proposed ( attach a map):

Located within existing CDBG area boundaries in some of the City's lowest socioeconomic areas. See attached Project Location Map. Locations: Sparks St: Victoria Ave - Cunningham St ( Block: 060710076033) and 11 th St: Los Feliz Dr - Victoria Ave ( Block: 060710076012) 37 Construction Program Application
Exhibit 4: Priority Needs:

Complete the table below by answering " Yes" or " NO".

Fiscal Year 2025 - 2026
Public Facility' s Needs: Yes/ No:

Senior Center Improvements No
Community Center Improvements No
Child Care Center Improvements No
Youth Center Improvements No
Park & Recreation Improvements No
Social Care Facility Improvements No
Code Enforcement Needs No
Code Enforcement No
Demolition and Clearance No
Blight Abatement No
Infrastructure Needs No
Water and Sewer Improvements No
Drainage Improvements No
Street Improvements Yes
Sidewalk Improvements No
Commercial/ Industrial Infrastructure Development No
Accessibility Needs Yes
Removal of Architectural Barriers No
Historic Preservation Needs: No
Historic Preservation Improvements No
Other: No
38 Construction Program Application
Exhibit 4: Priority Needs ( continued)
HUD Demographics: ( Please indicate Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
No
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Why this project is considered a priority?
Fiscal Year 2025 - 2026
The project is priority for the City because it will rehabilitate public streets that are in poor and fair pavement condition to new conditions extending their service life for another 15 years. this project is neeaea, Jiie the eviaence to suosLanuaLe Lne necU Current street conditions are poor and fair and without the rehabilitation proposed herein, would continue to deteriorate and would present a potential hazard for roadway users.

Why must this proposed project be funded now versus receiving funding in future years?
If not repaired now, these streets will deteriorate to the point that they become hazardous to roadway users and that these streets would need to be completely removed and replaced in the future at a much higher cost.

What are the ramifications if this project is not recommended for funding in this fiscal a1 ,
Street hazards and much higher repair cost in the future, as the streets continue deteriorating. 7 39
Construction Program Application Fiscal Year 2025 - 2026 What is the project' s population to be served?
Target Areas - low-income neighborhoods of Highland.

VVnat is the projects accompilsnment level ,
This project will rehabilitate neighborhood streets that have deteriorated to new conditions and will help to improve quality of life and property values in one of the City' s lowest socioeconomic neighborhoods.

Summarize the Scope of Work; include in your summary the number of units or activities IIIe PIc)jCcL wnI GVIIIPICIC VVIIII LJUV I U I I% A 0.

The project will include design and construction of approximately 55, 100 SF of pavement rehabilitation in low-income neighborhoods in the City of Highland.

Describe how the project preserves a low and moaerate- income neigngorn000, of ides other community Denents.

The proposed street pavement rehabilitation will extend the service life of 2 streets in low socio- economic neighborhoods for another 15- 20 years. 8 40
Construction Program Application
Exhibit 5: Project Budget & Sources
Fiscal Year 2025 - 2026
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: ( a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: ( b) a phased project should be prioritized and broken into distinct parts, with estimated cost and priority for each part; ( c) apply federal prevailing wage rates to construction projects over 2, 000.

Project Budget
SB County Share ($): Other Source ($):

Architectural and
engineering services
20, 000. 00
Site acquisition
Local Review application
Construction 230, 000. 00 45, 000. 00
Other:

Total 230, 000. 00 65, 000. 00
Overall Total Project Cost: ( CDBG Share + Other Source) 295, 000. 00 41 Construction Program Application Fiscal Year 2025 - 2026 Exhibit 5A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($)
This amount should match the grand
total requested from CDBG Share)
Highland 230, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other: Local Funds
65, 000. 00 07/ 01/ 2025
Total Leveraging Funds 65, 000. 00
10 42
Construction Program Application Fiscal Year 2025 - 2026 Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/ accomplishment goals of 40% by September 301, 50% by December 31st, 80% by March 31st, and 100 % by June 30t".

Design: 7/ 1/ 25 through 11/ 30/ 24 Bid Package Approval by CHD: 12/ 31/ 25 Contractor Selection: 3/ 11/ 26 Construction: 4/ 7/ 26 through 6/ 27/ 26 Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Amount ($):

Reimbursement:
05/ 04/ 2026 $ 70, 000. 00
06/ 01 /2026 $ 80, 000. 00
07/ 01 /2026 $ 80, 000. 00
Total Reimbursement: $ 230, 000. 00
W
43 Construction Program Application
EXHIBIT 7: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025 - 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing aualifications.

Describe your agency's experience in administering government and/ or public funds.

Describe your method to sustain project viability over the multi -year process if funding decreases.
n/ a
INSTRUCTIONS: Complete the table below by marking " YES" or "NO to the questions listed below.

Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney Yes General, or the Franchise Tax Board?
Has your organization been sued in the last five years? Yes
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee Yes relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? No Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? No
12 44
Construction Program Application
Fiscal Year 2025 - 2026
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing Answer the following questions:

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non - collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

City of Hlghland 33-0270638
Mailing Address: Phone No.:
27215 Base Line 909) 864-6861
Email Address: Fax No:
oduran@cityofhighland. org
909) 864-3180
Authorized Signature
Print Name: Print Title:

Octavio Duran Jr. Public Works Director/ City Engineer
Signature: Date:

Octavio Duran Jr., Public Works Director/ City Engineer 09/ 30/ 2024 Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Ann: CDBG Application
14 46
Construction Program Application
Maintenance and Operations Agreement
Fiscal Year 2025 - 2026
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.

All capital improvements or facilities will require a Maintenance and Operation ( M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1) MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below named public, quasi -public, or non- profit entity has the financial capacity and is willing to assume the Maintenance and Operation ( M & O) responsibility and costs associated with the indicated community development project. This body has reviewed the " Estimated Annual Maintenance and Operation Budget" part of this section. To the best of this body' s ability, it has determined this budget to be a true and accurate estimate of the annual M & O costs for the proposed project.

NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.

Proposed P
2026/ 2026
Le al/ Incorporated Name of Prospective M& O Entity:

Citv of Hiahland
Address:
27215 Base Line
Federal I. D. Number of M& O Entity:
33- 0270638
Signature: Octavio Duran Jr. Title: Public Works Director/ City Eng Print Name: Octavio Duran Jr. Date: 09/ 30/ 2024
15 47
Construction Program Application
Maintenance and Operations Expenses
Fiscal Year 2025 - 2026
Utilities Amount ($):

Electric
Water
Gas
Telephone
Disposal Service
Other: Pavement Maintenance - Rehabilitation
210, 000. 00
Sub - Total
210, 000. 00
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:

Sub -Total

0. 00
Maintenance — Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:

Sub -Total 0. 00
Insurance
Liability
Fire
Other:

Sub -Total 0. 00
V.
48 Construction Program Application Fiscal Year 2025 - 2026 Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:

Sub -Total

0. 00
M& O Annual Expense Total 210,000. 00
List out all sources and liabilities such as budget sources, membership, user fees, etc.

Revenue Sources: Amount ( ):

Local Funds 210, 000
Budgeted Revenue Total
210, 000
Assets/ Liabilities Amount $
Budgeted Revenue minus M& O Expense

0. 00
17 49
Construction Program Application
CDBG Application Checklist
Non -Profit Agency Only)
Fiscal Year 2025 - 2026
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency' s must be Registered in the System of Award Management ( SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18 50
Public Services Program Application
60 AU
NTY
San Bernardino County
Fiscal Year 2025 - 2026
Public Services Program Application
Fiscal Year 2025— 2026
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

HIGH25PS- 012
Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
51 Public Services Program Application
Exhibit 1: Organization Information
Organization Name:

CENTRAL LITTLE LEAGUE
Organization Address:
7717 CHURCH AVE
City/ State/Zip: IHIGHLAND / CA / 92346
Phone: 9093629145
Fax:

Email: Istephen91967@yahoo. com
Applicant Type: 1501( C)( 3)
Authorized Person Name: IMICHELLE WILLIAMSON
Authorized Person' s Title:

Address: 7717 CHURCH AVE
City/State/ Zip: IHIGHLAND / California / 92346
Phone: 19093620538
Fax:

Email: SOCIALBUGSHELL@YAHOO. COM
Application Contact Person' s Name: Imichelle williamson Application Contact Person' s Title: 1PRESIDENT
Fiscal Year 2025— 2026
Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates.

We at Central Little Leaue strive to provide a program for the players within our boundaries, a place where they can learn life skills through youth sports and keeps them active. We anticipate serving over 275 children and we have been servicing the children of Highland for over 70 years. We offer low income families financial support with the fee waivers. the children from your program benefit a great deal from having this available to their parents and caregivers
52 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 2: Project Information
Project Title:

CENTRAL LITTLE LEAGUE SCHOLARSHIPS
Project Address:

County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District Is this a New Public Service Project, or request to expand services to an existing CDBG project? If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. ( i. e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)

OUR GOAL IS TO SERVICE MORE CHILDREN EACH SEASON AND BRING IN NEW PLAYERS, LAST SEASON WE SERVICED 250 PLAYERS AND THIS SEASON WE ANTICIPATE SERVICING 300 PLAYERS
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

HIGH- 23- 2- 05D/ 2620
Will this project provide an opportunity to hire minority -owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority -women businesses to apply for this project. 53 Public Services Program Application Fiscal Year 2025— 2026 EXHIBIT 2A: Countywide Vision
Indicate Yes/ No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision. Yes
Create, Maintain and Grow Jobs and
Economic Value in the County. Yes
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and
Business - Like Manner. Yes
Ensure Development of a Well -Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

No
Provide for the Health and Social Services
Needs of County Residents. Yes
Pursue County Goals and Objectives by Yes
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:

PROVIDING RECREATION FOR OUR YOUTH WITH AN ACTIVE ENVIROMENT WITHIN

OUR NEIGHBORS, THE MAJORITY OF OUR PLAYERS BENEFIT FROM THIS PROGRAM 54 Public Services Program Application
Exhibit 3: Community Needs and Target Population
Fiscal Year 2025— 2026
Community Needs Target Population
Public Service Yes/ No Proposed Community: Yes/ No
Needs:

HIGHLAND
55 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 3: Community Needs and Target Population ( continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the or000sed oroaram reside ( attach a map if needed):

HIGHLAND
HUD Demographics: ( Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
No
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Summarize the description of your project to include 1) priority, 2) sub -activity, 3) population( s) to be served, and 4) accomplishment level, and 5) services to be provided.

Our program services players age 3- 16 years old for youth baseball and softball. we hope to increase our player registration each season, we are anticipating to hopefully register 300 players this season. we aim high

2. 56
Public Services Program Application Fiscal Year 2025— 2026 Describe how this project meets the priority population and activities selected. ithin a disadvantaged community low-income family
Explain why this project is needed and what evidence can you substantiate the need. need to provide recreation opportunity for low- and moderate -income families and youth. this evident through higher registration in this program, and the lack of additional subsidize recreation programs
Describe what gaps of service in the county this project fills. health and recreation for youth
What are the critical factors for the success of your project ( include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
we have families that pay, we have funds from snack bar (that pays for umpires, we have high volunteer numbers, we do get minimal local sponsorships. 57 Public Services Program Application
Exhibit 4: Project Budget & Sources
Fiscal Year 2025— 2026
Project Budget
SIB County Share: ($) Other Source: ($)
Personnel
Equipment ( Rental, Lease or Purchase)
Consultant Services
Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other ISCHOLIRSHIPS 18, 000. 00 28, 000. 00
Total Costs 18, 000. 00 28, 000. 00
Total Project Budget Cost: ( CDBG Share + Other Source) 46, 000. 00 58 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):

This amount should match the grand
total requested from CDBG Share)
Highland 18, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016)
Federal
Funding
State
Funding
County
Funding
Private
Funding SPONSOR DONATIONS & FUNDRAP 18, 000. 00
Other:

SNACK BAR 10, 000. 00 03/ 15/ 2025
Total Leveraging Funds 28, 000. 00
59 Public Services Program Application
Exhibit 5: Performance and Outcomes
Definitions:

Fiscal Year 2025 — 2026
Unduplicated Clients: The number clients/ persons projected to be served during the program year ( e. g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service ( duplicated, e. g. 25 clients x 10 visits= 250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.

In column 1 identify activities that will be completed ( e. g. intervention, counseling, and case management).

In column 2 indicate the number of Unduplicated Clients to be served.

In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed ( 1) Unduplicated
Clients to be
Served ( 2)
Duplicated Clients
projected to be
served ( 3)
YOUTH BASEBALL 200
YOUTH SOFTBALL 60
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client(s) in order to meet project outcome( s).

FEB 2026 TO JUNE 2026
UeSGI IUC IIUW yUUI C3 CI Ik y UGLGI I I III ICJ l 11cI ItkJ/ — vva. --- Player success is when they end the season with confidence in their achievements throughout the season. that they leave wanting to come back. all our players have different needs. whether it be social, emotiona
Describe your methodology to evaluate project outcomes. when our players are having fun and want to return, we have met our ultimate goal 10 60
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months July 1, 2025 — June 30, 2026). For example, project expenditures and performance/ accomplishment goals of 40 % by November 30rn, 50 % by December 31 sr, 80 % by March 31 sr and 100% by June 30rn
season start date February 2026, season end date June 2026. 100% of needed funds used 100% by April 2026
Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):
01 / 31 / 2026 $ 8, 000. 00
02/ 15/ 2026 $ 8, 000. 00
03/ 15/ 2026 $ 2, 000. 00
Total Reimbursement: $ 18, 000. 00
m
61 Public Services Program Application
Exhibit 6: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensinq qualifications.

Describe your agency's experience in administering government and/ or public funds.

Kim stater @ city of highland processes for us. we do not have experience in this task Describe your method to sustain project viability over the multi -year process if IUIIUIIIU UCI: ICdJCJ.

Instructions: Complete the table below by marking " YES" or " NO" to the questions listed below.

Question: YES/ NO
Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its No nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? No
Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any No bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last No five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding No sources?
12 62
Public Services Program Application Fiscal Year 2025 — 2026 EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

SA BERNARDINO
COUNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2025 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non - collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the P P ro oser has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

Central Little League 52- 1234775
Mailing Address: Phone No.:
7717 CHURCH AVE 909) 362- 9145
Email Address: Fax No:

SOCIALBUGSHELL@YAHOO. COM
Authorized Signature
Print Name: Print Title:

MICHELLE WILLIAMSON PRESIDENT
Signature: Date:

MICHELLE WILLIAMSON PRESIDENT 10/ 24/ 2024
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 64
Public Services Program Application
CDBG Application Checklist
Non -Profit Organizations Only)
Fiscal Year 2025 — 2026
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax- exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management ( SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 65
Public Services Program Application

SAN RFREVARDETU
COUNTY
San Bernardino County
Fiscal Year 2025 - 2026
Public Services Program Application
Fiscal Year 2025— 2026
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

HIGH25PS- 013
Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Z Exhibit 8: Signature and Assurances
Application Checklist
66 Public Services Program Application
Exhibit 1: Organization Information
Organization Name:

Highland District Council on Aging, Inc DBA: Highland Senior Center Organization Address:
3102 E. Highland Ave.

City/ State/Zip: jPatton / Calif. / 92369
Phone: 9098628104
Fax:

Email: IPLilburnaaol. com
Fiscal Year 2025— 2026
Applicant Type: ISenior Programs & Services I
Authorized Person Name: Penny Lilburn
Authorized Person' s Title: lExecutive Director
Address: 13102 E. Highland Ave.

City/State/ Zip: jPatton / Calif. / 92369
Phone: 9098628104
Fax:

Email: PLilburn@aol. com
Application Contact Person' s Name: jPenny Lilburn
Application Contact Person' s Title: IlExecutive Director Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates.

The mission of the Highland Senior Center is to " enrich, maintain and protect the quality of life for Senior Adults." 2) Our purpose is to provide quality programs, activities and service to enrich their quality of living by focusing on physical fitness, social interaction, nutritional meals, food commodities, education and assisted transportation as well as " free shuttle" service to and from the center as well as community outings. 3) Seniors served monthly range on average from 15, 000 to 30, 000. 4) The Highland Senior Center is in its 44th year of success 5) Our funding sources come from community donations, seniors financial support, night/ weekly events, grants, newsletter advertising, thrift store sales, community donations, fundraisers as well as individual contributions. We are fully operational and have all services and resources available to the senior community.
67 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 2: Project Information
Project Title:

Senior services & Program
Project Address:
3102 E. Highland Ave., Patton, CA 92369
County Supervisorial District where project will be located:
1st District 2nd District ® 3rd District 4th District 5th District Is this a New Public Service Project, or request to expand services to an existing CDBG project? Expansions of Service to an Existing Project
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. ( i. e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Yes. Because our senior center continues to grow with membership and participation, we are continuously expanding services as well as all programs.. The past few years have been challenging with funding and operating at full capacity, W are back to full participation and have completed our remodel of center so it is able to accommodate additional activities and programs.

If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

Will this project provide an opportunity to hire minority -owned and women owned businesses? No
If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority -women businesses to apply for this project. 68 Public Services Program Application Fiscal Year 2025— 2026 EXHIBIT 2A: Countywide Vision
Indicate Yes/ No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision. Yes
Create, Maintain and Grow Jobs and
Economic Value in the County. No
Improve County Government Operations.

Yes
Operate in a Fiscally -Responsible and
Business - Like Manner. Yes
Ensure Development of a Well -Planned,
Yes Balanced, and Sustainable County.

Maintain Public Safety.

No
Provide for the Health and Social Services
Needs of County Residents. Yes
Pursue County Goals and Objectives by Yes
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision. - The Highland Senior Center continues to meet the County -Wide Vision by continuing to provide quality programs, activities and services specifically designed to meet the needs of the senior community by maintaining the quality of life of senior adults. Our social programs allow daily interaction, and many services are provided to help eliminate hunger, depression and loneliness. Our Senior Center has adopted the Grab & Go meal program as well as offer the in -side dining program. Offered services are designed to help seniors, who are homebound, remain in their homes as well as providing activities to encourage them to come to the senior center to actively engage with others. Seniors can also participate in the weekly free food commodities, hot meal program, Transportation Assisted rides to vital medical appointments, free shuttle services allow seniors to rema 69 Public Services Program Application
Exhibit 3: Community Needs and Target Population
Fiscal Year 2025— 2026
Community Needs Target Population
Public Service Yes/ No Proposed Community: Yes/ No
Needs:

Senior Services Low and Moderate Persons
Yes Yes
Handicapped Low and Moderate
Services Yes Households Yes
Youth Services Abused Children
No No
Child Care Handicapped Persons
Services No Yes
Transportation Illiterate Persons
Services Yes Yes
Substance Abuse Homeless Persons
Services No Yes
Employment Migrant Farm Workers
Training Yes No
Health Services Elderly People
Yes Yes
Lead Hazard
Screening No
Crime
Awareness Yes
City/ Target Area of Project Beneficiaries
Particirating Cities: ( i.e Redlands. Colton, Yucaipa)
The Highland Senior Center borders the cities of Highland and San Bernardino and those cities are our primary cities served. Due to the volume of our senior membership and participation with our activities and programs, designed to enhance the quality of life for seniors, we continue to see participation from surrounding cities as well. Our Transportation Assistance Program and free shuttle service is expected to increase in numbers due to the new transportation service and shuttle van we received this year. 70 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 3: Community Needs and Target Population ( continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the nronosed nroaram reside ( attach a map if needed):

The center will not decline services / event participation to any senior regardless where they live, however, the majority of our senior participants reside in the City of Highland. Seniors DO NOT have to be a member in order to receive services and participate in activities .

HUD Demographics: ( Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
Yes
Does this project help those with HIV or AIDS?
Yes
Does this project primarily help persons with disabilities? Yes
Summarize the description of your project to include 1) priority, 2) sub -activity, 3) population( s) to be served, and 4) accomplishment level, and 5) services to be provided.

In an effort to summarize the center' s programs and services, the center' s priority is to maintain and preserve the integrity of life for senior adults. Allowing seniors to maintain their health, physical fitness and independence while enjoying and engaging in social interaction with programs and activities, having a daily hot nutritional meal, providing for a free food give a way program, twice weekly, regular educational classes, weekly resource events, transportation assistance, participating in our free " Shuttle Services" to and from the senior center as well as enjoying many other vital programs that provide relief of loneliness, isolation and depression for senior adults. We continue to see growth in our ' Shuttle service which as provided for meal delivery and additional transportation to and from medical appointments, sight seeing trips, and trips to and from the senior center where by seniors can continue getting out and becoming more active which will help them to stay healthy. During the pandemic we fostered relationships that allowed the center to partner with our community for services which helped us to stay in touch with seniors and assist them with shopping and food deliveries. The past few years were challenging for the seniors in the community, however, with the senior volunteers, staff and collaboration with the community, we continued to remain open while serving the seniors to to our fullest potential. 71 Public Services Program Application Fiscal Year 2025— 2026 Describe how this project meets the priority population and activities selected.

The center continues operating with an approval under the County guidelines to remain open and provide essential services to the seniors. Because we offer such a variety of services, activities and resources, we continue to step out of our normal box, and now provide more socially acceptable as well as safety compliant services to the seniors.

Explain why this project is needed and what evidence can you substantiate the need.

Our ongoing needs assessment continues to identify the most significant problems seniors face, now more then ever which are depression, loneliness, anxiety and lack of social interaction. The center and its programs, activities and services offer help to alleviate such problems post COVID while many seniors continue to fight depression. We remain diligent with daily phone calls, delivery services and transportation.

Describe what qaps of service in the county this project fills.

We believe the need for the seniors to remain independent will continue to allow them to remain healthy, less reliable on services, and continue to play a vital role in the community.

We focus on providing the seniors a facility that is centrally located to those in all communities to come together and learn, participate in informational seminars and remain socially active.

We also meet the needs of shut-in seniors with meal and food deliveries as well as necessary transportation services that are not readily available.

What are the critical factors for the success of your project ( include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success
During the Pandemic a good portion of our funding was been reduced due to reduced participation of our regular budgeted fundraisers. The center is now operating and providing high levels of service, however, not all funding has returned. We have maintained our level of service with our small staff of 6 and a minimal number of volunteers. We remain committed to make sure services that are needed by those home -bound seniors are provided as well while continuing to seek grants and assistance to continue to support our programs. 72 Public Services Program Application
Exhibit 4: Project Budget & Sources
Fiscal Year 2025— 2026
Project Budget
SB County Share: ($) Other Source: ($)
Personnel 20, 000. 00 172, 000. 00
Equipment ( Rental, Lease or Purchase)
Consultant Services
Auditing, Accountinq or Payroll)
Space Rent 5, 000. 00 4, 500. 00
Insurance 5, 000. 00 14, 000. 00
Consumable Supplies
Other
Total Costs 30, 000. 00 190, 500. 00
Total Project Budget Cost: ( CDBG Share + Other Source) 220, 500. 00 73 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):

This amount should match the grand
total requested from CDBG Share)
Highland 30, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016)
Federal
Funding Measure 1 34, 000. 00 07/ 01/ 2024
State
Funding Department of Aging, Inc. 36, 000. 00 07/ 01/ 2024 County
Funding Highland - CDBG 22 22, 702. 00 07/ 01/ 2024
Private
Funding Gas co & Mis. 5, 000. 00 11/ 01/ 2024
Other:

In house - membership, advertising, fu 93, 000. 00 01/ 01/ 2025 Total Leveraging Funds 190, 702. 00
74 Public Services Program Application
Exhibit 5: Performance and Outcomes
Definitions:

Fiscal Year 2025 — 2026
Unduplicated Clients: The number clients/ persons projected to be served during the program year ( e. g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service ( duplicated, e. g. 25 clients x 10 visits= 250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.

In column 1 identify activities that will be completed ( e. g. intervention, counseling, and case management).

In column 2 indicate the number of Unduplicated Clients to be served.

In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed ( 1) Unduplicated
Clients to be
Served ( 2)
Duplicated Clients
projected to be
served ( 3)
Daily recreational & social activities 1100 34000
Food commodities 550 1800
Assisted Transportation / free shuttle : 350 1300
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client( s) in order to meet project outcome( s).

Each day is outlined in our monthly newsletter which we mail out directly to membership. The center also promotes all programs and upcoming events through our web -site, e- blast, flyers and calendar entries.

UU5Gf IUC f IUW yUUI Cj CI ley UcMci r 1 in icy
Growth and participation is a continuing sign of success now that the Pandemic is behind us.

Programs continue to be monitored monthly, evaluated and planned accordingly.

Describe your methodology to evaluate project outcomes.

Projections are based on actual daily sign -in sheets. Each day, each activity, a sign -in sheet is generated to identify members who particip
75 Public Services Program Application Fiscal Year 2025 — 2026 Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months July 1, 2025 — June 30, 2026). For example, project expenditures and performance/ accomplishment goals of 40 % by November 30tn, 50 % by December 31st, 80% by March 31 sr and 100% by June 30rn
Each month our goals our met and are generally exceeded due to a large amount of activity and programs. At the end of each month, we compile a monthly report from our daily activity sheets that provides participation the center had as well as the activities' and programs provided. The center operates daily and also allows for night time activity for special events, dinner shows and outside meetings for community groups. Both during and post COVID the center continued to serve a steady volume of seniors and we now see increases monthly in participation.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):
07/ 01/ 2024 2, 500.00
08/ 01/ 2024 2, 500. 00
09/ 01 /2024 2, 500. 00
10/ 01 / 2024 2, 500. 00
11 / 01 / 2024 2, 500. 00
12/ 01/ 2024 2, 500. 00
01/ 01/ 2025 2, 500. 00
02/ 01/ 2025 2, 500. 00
03/ 01/ 2025 2, 500. 00
04/ 01 / 2025 2, 500. 00
05/ 01 / 2025 2, 500. 00
06/ 01 /2025 2, 500. 00
Total Reimbursement: 30, 000. 00
HE
76 Public Services Program Application
Exhibit 6: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensinq qualifications.

Ex. Dir - Oversee budgets, Vol., board. 5 Staff oversee programs and volunteers which help with programs, lunches, classes, transportation
Describe your agency' s experience in administering government and/ or public funds.

Agency continues to have a " non -finding" annual audit as to how the center operates and successfully manages its finances and operations
Describe your method to sustain project viability over the multi -year process if tunalnq aecreases.
long as the center can continue to provide the programs/ services/ meals/ rides to community iiors without going into a deficit, we will continue to provide for and advocate for community iiors.

Instructions: Complete the table below by marking " YES" or " NO" to the questions listed below.

Question: YES/ NO
Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its No nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? No
Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any No bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last No five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding No sources?
12 77
Public Services Program Application Fiscal Year 2025 — 2026 EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

C&SRNARDINO UNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2025 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non - collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the nrnnnser has not in any rnannar snuaht by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

Highland District Council On Aging, Inc. 953374790
Mailing Address: Phone No.:

P. O. Box 948 909) 862- 8104
Email Address: Fax No:

PLilburn@aol. com
Authorized Signature
Print Name: Print Title:

Linda Sowell - Mollenkopf Board President
Signature: Date:
linda Sowel - Mollekopf ( see attached signature page with signature 10/ 24/ 2024 Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 79
Public Services Program Application
CDBG Application Checklist
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Community -based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency's Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management ( SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 1580
Public Services Program Application
S c1A RF RNA It DISU
COUNTY
San Bernardino County
Fiscal Year 2025 - 2026
Public Services Program Application
Fiscal Year 2025— 2026
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

HIGH25PS- 026
Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
0 Exhibit 5: Performance & Outcomes
W Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
81 Public Services Program Application
Exhibit 1: Organization Information
Organization Name:

Highland Family YMCA
Organization Address:

City/ State/Zip: lHighland / California / 92346
Phone: 909.425.9622
Fax:

Email: Idthorne( a)-ymcaeastval
Fiscal Year 2025— 2026
Applicant Type: jPublic Service I
Authorized Person Name: 113randi Collato
Authorized Person' s Title: IChief Executive Director
Address: 1500 E. Citrus Ave
City/State/Zip: lRedlands / California / 92373
Phone: 909. 798. 9622
Fax:

Email: bcollato@ymcaeastvalley. org
Application Contact Person' s Name: Doug Thorne
Application Contact Person' s Title: IChief Financial Officer Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates. 1) The Highland Family YMCA of the East Valley is an Association of members of all ages, ethnic groups, and religious affiliations founded on Christian principles and dedicated to building stronger children, families and communities through programs focused on the spirit, mind and body. 2) To enhance and establish value centered health and wellness programs, activities and events for low to moderate socioeconomic status families. 3) Community members within the City of Highland and it's surrounding areas. 4) The YMCA of the East Valley was founded on May 2, 1887 and incorporated as a non- profit in January 4, 1984. However, Highland Family YMCA was founded in April of 2007. 5) The city of Highland City Reimbursement, July 1- June 30 ; Annual Campaign Fundraiser, October -February; Highland Run Fundraiser, January; Operating Income, monthly as expended. 82 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 2: Project Information
Project Title:
2025-2026 Scholarship Fund
Project Address:
7793 Central Ave, Highland CA 92346
County Supervisorial District where project will be located:
1st District 2nd District ® 3rd District 4th District 5th District Is this a New Public Service Project, or request to expand services to an existing CDBG project? Expansions of Service to an Existing Project
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. ( i. e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Highland Family YMCA' S goal is to extend the opportunity to all in the community to achieve goals for a healthier lifestyle with aims to eliminate the financial barriers prohibiting families and individuals from engaging in wellness programs. In 2023- 2024 the Highland Family YMCA served over 5, 000 members and awarded $ 75, 000 in scholarship funds to families and is consistently striving to grow our impact among the community If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

HIGH- 17- 2- 05Z/ 2443
Will this project provide an opportunity to hire minority -owned and women owned businesses? No
If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority -women businesses to apply for this project.

Not applicable. For 2025- 2026 Scholarship project' s purpose is to improve accessibility, resources for health, youth development, and social responsibility programs. The ultimate goal is to build a healthier generation by creating opportunity for all to participate in life -changing programs via our Financial Assistance Program.
83 Public Services Program Application Fiscal Year 2025— 2026 EXHIBIT 2A: Countywide Vision
Indicate Yes/ No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision. No
Create, Maintain and Grow Jobs and
Economic Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and
Business - Like Manner. Yes
Ensure Development of a Well - Planned,
No
Balanced, and Sustainable County.

Maintain Public Safety.

No
Provide for the Health and Social Services
Needs of County Residents. Yes
Pursue County Goals and Objectives by Yes
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:

The 2025- 2026 Scholarship project' s purpose is to improve accessibility to health and wellness resources. One in four resident in the East Valley area live below the poverty line and our financial assistance program aims at reducing this gap among the residents of Highland. The ultimate goal is to build healthy communities together by creating access to wellness programs and connections to healthy resources. 84 Public Services Program Application
Exhibit 3: Community Needs and Target Population
Fiscal Year 2025— 2026
Community Needs Target Population
Public Service Yes/ No Proposed Community: Yes/ No
Needs:

Senior Services Low and Moderate Persons
Yes Yes
Handicapped Low and Moderate
Services Yes Households Yes
Youth Services Abused Children
Yes Yes
Child Care Handicapped Persons
Services Yes Yes
Transportation Illiterate Persons
Services No Yes
Substance Abuse Homeless Persons
Services No No
Employment Migrant Farm Workers
Training No No
Health Services Elderly People
Yes Yes
Lead Hazard
Screening No
Crime
Awareness No
City/Target Area of Project Beneficiaries
Participating Cities: ( i.e Redlands. Colton, Yucaipa)
Highland
85 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 3: Community Needs and Target Population ( continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the nrnnnGPd nroaram reside ( attach a map if needed):

Members served reside within all neighborhoods/communities of Highland, California and it's surrounding areas.

HUD Demographics: ( Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
No
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Summarize the description of your project to include 1) priority, 2) sub -activity, 3) population( s) to be served, and 4) accomplishment level, and 5) services to be provided.

The Highland Family YMCA extends an opportunity for all families and community members to improve their health and well- being. It aims to instill healthy habits that last a lifetime. The Y aims to close the gaps and eliminate the barriers that stand in the way of healthy living.

Through preventative and enriching programming we are able to serve the community of Highland and it's surrounding cities. The Highland Family YMCA works with 7 after school sites within Highland and has served 500 youth basketball participants, 100 volleyball participants, and over 400 dance/ gymnastic participants in the year of 2023- 2024. For 2023- 2024 our Day Camp served over 800 students of San Bernardino, Highland, and Redlands where we provide a safe, encouraging environment for our youth to thrive while on break.

Through all our dedicated efforts and financial resources the Y is able to push our cause forward to strengthen community.
86 Public Services Program Application Fiscal Year 2025— 2026 Describe how this project meets the priority population and activities selected.

The Highland Family YMCA acts a community center for the City of Highland and provides health and wellness resources for the community members and to all the surrounding cities.

Our scholarship program provides opportunity for youth, adults, families, and active older adults within our communities to access health and wellness resources.

Explain why this project is needed and what evidence can you substantiate the need.

According to City Health Dashboard and the County of San Bernardino Health Statistics the city of San Bernardino, 20% of the community live in poverty and in the City of Highland nearly 16% of the community live below the poverty line. Nearly one in four residents in the East Valley live below the poverty line.

Describe what gaps of service in the county this project fills.

At the YMCA, 25 percent of our members rely on financial assistance to participate in our health and wellness programs. Whether it is providing quality child care services, youth recreational programs or simply access to group exercise classes and fitness equipment.

Within our childcare programs, we serve balanced, nutritious meals to each child enrolled. No individual is turned away due to an inability to pay
What are the critical factors for the success of your project ( include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success
Critical factors for success include our Annual Campaign, Annual Highland Run, and the general operating funds along with community volunteers and YMCA personnel. The project relies on multiple resources to ensure the success of the projects purpose and goals. If funding should ever decrease this is not the sole funding source available to ensure the project success and effectiveness such as our campaign, fundraising, city reimbursements and operating funds. The YMCA is under the direction and support of a board of directors, executive level personnel and management team.
87 Public Services Program Application
Exhibit 4: Project Budget & Sources
Fiscal Year 2025— 2026
Project Budget
SIB County Share: ($) Other Source: ($)
Personnel
Equipment ( Rental, Lease or Purchase)
Consultant Services
Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other Scholarships/ Financial Assita 16, 000. 00
Total Costs 16, 000. 00 0. 00
Total Project Budget Cost: ( CDBG Share + Other Source) 16, 000. 00 88 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):

This amount should match the grand
total requested from CDBG Share)
Highland 16, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016)
Federal
Funding
State
Funding
County
Funding 2025- 2026 16, 000. 00 07/ 01/ 2025
Private
Funding
Other:

Operating Fund -Scholarships 100, 000. 00
Total Leveraging Funds 116, 000. 00
89 Public Services Program Application
Exhibit 5: Performance and Outcomes
Definitions:

Fiscal Year 2025 — 2026
Unduplicated Clients: The number clients/ persons projected to be served during the program year ( e. g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e. g. 25 clients x 10 visits= 250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.

In column 1 identify activities that will be completed ( e. g. intervention, counseling, and case management).

In column 2 indicate the number of Unduplicated Clients to be served.

In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed ( 1) Unduplicated
Clients to be
Served ( 2)
Duplicated Clients
projected to be
served ( 3)
2024- 2025 Scholarships Awarded 3262 18522
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client(s) in order to meet project outcome( s).

Our programs are broken down seasonally into Fall ( September -November), Winter December - April), Summer ( May -August) and all other programs such as group exercise programs run year round.

Ue5(: IIUC IIVW YUUl Cl CIIl y UaIG111niica J - - - --- Member success is determined through membership retention reports, program enrollment, and awarded scholarship reports
Describe your methodology to evaluate project outcomes.

The methodology for project outcomes relies on program enrollment reports, membership retention reports, and scholarship summary reports
M
90 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months July 1, 2025 — June 30, 2026). For example, project expenditures and performance/ accomplishment goals of 40% by November 30rn, 50% by December 31st, 80% by March 31sr and 100 % by June 30rn
45% of scholarships will be awarded by November 30, 2025, 65% by February 28, 2026, 91 % by May 30, 2026 and 100% by June 30th 2026.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):
08/ 08/ 2025 1, 333. 00
09/ 08/ 2025 1, 333. 00
10/ 08/ 2025 1, 333. 00
11 / 08/ 2025 1, 333. 00
12/ 08/ 2025 1, 333. 00
01 /08/2026 1, 333. 00
02/ 08/ 2026 1, 333. 00
03/ 08/ 2026 1, 333. 00
04/ 08/ 2026 1, 334. 00
05/ 08/ 2026 1, 334. 00
06/ 08/ 2026 1, 334. 00
07/ 08/ 2026 1, 334. 00
Total Reimbursement: 16, 000. 00
1W
91 Public Services Program Application
Exhibit 6: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensinq qualifications.

All administrators are responsible for the management and implementation of YMCA policies, operations, and quality assurance per department.

Describe your agency' s experience in administering government and/ or public funds.

The Highland Family Y has successfully administrated government/ public funds since 2007 and have continuously applied for government funding
Describe your method to sustain project viability over the multi -year process if tunaina aecreases.

The Highland Family Y operates with the support of multiple financial sources along with staff and community donor support.

Instructions: Complete the table below by marking " YES" or " NO" to the questions listed below.

Question: YES/ NO
Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its No nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? Yes
Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any No bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last No five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding No sources?
12 92
Public Services Program Application Fiscal Year 2025 — 2026 EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No 71
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered "Yes", please explain the circumstances and outcome below.

CSAN BERNARDINO
COUNTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2025 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

My signature on this form certifies that:

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2025- 2026 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non - collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the nrnnnser has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name:

Federal Tax ID No.:

YMCA of the East Valley 95- 1684787
Mailing Address: Phone No.:
7793 Central Ave Highland, CA 92346 909) 425- 9622
Email Address: Fax No:
dthorne@ymcaeastvalley. org
Authorized Signature
Print Name: Print Title:

Brandi Collato CEO
Signature: Date:

Brandi Collato CEO 10/ 21/ 2024
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 94
Public Services Program Application
CDBG Application Checklist
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency's Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management ( SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 95
Public Services Program Application
t
sort aetzt Rawo
COUNTY
San Bernardino County
Fiscal Year 2025 - 2026
Public Services Program Application
Fiscal Year 2025— 2026
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

HIGH25PS- 031
Log Number
Office Use Only)
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
a
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
96 Public Services Program Application
Exhibit 1: Organization Information
Organization Name:

Girls on the Run Inland Empire
Organization Address:

PO Box 21044
City/ State/Zip: IRiverside / CA / 92516
Phone: ( 951) 394- 3141
Fax:

Email: molly. widdicombe( a)_girlsontherun. o
Fiscal Year2025— 2026
Applicant Type: 1501 c3 Nonprofit I
Authorized Person Name: IMolly Widdicombe
Authorized Person' s Title: lCouncil Director
Address: PO Box 21044
City/State/Zip: IRiverside / CA / 92516
Phone: ( 951) 394- 3141
Fax:

Email: molly. widdicombe@girlsontherun. org
Application Contact Person' s Name: Suzanne Beran
Application Contact Person' s Title: JBoard Chair
Explain the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates.

Our mission at Girls on the Run ( GOTR) is to inspire girls to be joyful, healthy and confident.

Research shows that girls in 3rd- 8th grade show a troubling decline in self-esteem and physical activity, leading to serious lifelong health issues. GOTR addresses this through fun, evidence -based programs that help participants recognize their inner strength, boost physical activity, envision possibilities, and confidently advocate for themselves. We aim to create a world where every girl realizes her limitless potential. Founded in 2020, GOTR Inland Empire formerly GOTR Riverside, see attached FBN) has engaged 200+ volunteers to serve nearly 1, 000 girls. We initiated programs with funding from local city/ county grants. To sustain our growth, we established contracts with schools and secured funding from foundations such as Anderson Children' s Foundation ( 7/ 24- 6/ 25), the Kaiser Foundation ( 9/ 24- 6/ 25), and LA84 3/ 24- 3/ 26).
97 Public Services Program Application Fiscal Year 2025— 2026 Exhibit 2: Project Information
Project Title:

Improving the Lives of Youth in Highland through Girls on the Run Project Address:

Site locations TBD
County Supervisorial District where project will be located:
1st District 2nd District ® 3rd District 4th District 5th District Is this a New Public Service Project, or request to expand services to an existing CDBG project? New Public Service Project I
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. ( Le For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
N/ A
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

N/ A
Will this project provide an opportunity to hire minority -owned and women owned businesses? No
If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority -women businesses to apply for this project.

N/ A
98 Public Services Program Application Fiscal Year 2025— 2026 EXHIBIT 2A: Countywide Vision
Indicate Yes/ No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision. No
Create, Maintain and Grow Jobs and
Economic Value in the County. No
Improve County Government Operations.

No
Operate in a Fiscally -Responsible and
Business - Like Manner. No
Ensure Development of a Well -Planned,
No
Balanced, and Sustainable County.

Maintain Public Safety.

No
Provide for the Health and Social Services
Needs of County Residents. Yes
Pursue County Goals and Objectives by No
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:

Our project supports the vision for high -quality community health and recreation for all residents. Our evidence -based program empowers girls in 3- 8th grades to enhance physical activity, adopt healthy behaviors, foster positive connections, and contribute to their communities through a team -based impact project. Over a season, participants cultivate healthy habits, self-respect, and resilience that extend beyond the program. The program' s impact also reaches family members and community members through volunteerism and community projects, creating ripples of positive change. At GOTR, we prioritize representation among staff, board members, volunteers, and participants, encompassing various races, ethnicities, gender identities, abilities, income levels, and religions. We aim to eliminate barriers to participation and create inclusive programming for all. 99 Public Services Program Application
Exhibit 3: Community Needs and Target Population
Fiscal Year 2025— 2026
Community Needs Target Population
Public Service Yes/ No Proposed Community: Yes/ No
Needs:

Senior Services Low and Moderate Persons
No Yes
Handicapped Low and Moderate
Services No Households Yes
Youth Services Abused Children
Yes No
Child Care Handicapped Persons
Services No No
Transportation Illiterate Persons
Services No No
Substance Abuse Homeless Persons
Services No No
Employment Migrant Farm Workers
Training No No
Health Services Elderly People
No No
Lead Hazard
Screening No
Crime
Awareness No
City/ Target Area of Project Beneficiaries
Participating Cities: ( i.e Redlands Colton, Yucaipa)
Since our founding, Girls on the Run Inland Empire has primarily served participants from the City of Riverside and Coachella Valley. We are strategically expanding our program into San Bernardino County, focusing on regions where we have already received interest from schools, community groups, and/ or parks and recreation departments. These cities include Highland along with Redlands, Yucaipa, and Twentynine Palms.A grant of $ 10, 000 will allow us to provide our program to at least 40 participants from low- and moderate -income families in Highland.
100
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 3: Community Needs and Target Population ( continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the nrnnn-,Pd nrnarnm reside ( attach a map if needed):

We will use census data to identify neighborhoods in Highland that demonstrate low- to moderate -income status, and actively engage with schools, community organizations, and leaders to reach potential beneficiaries directly through outreach efforts.

To enhance the physical and mental wellness of our participants, coaches, volunteers, and families, we will: 1) Recruit and train at least 4 local coaches using our National Coach Training, which prepares coaches to build positive relationships, create inclusive and trauma - sensitive environments, and deliver the curriculum effectively. Staff will provide ongoing support to ensure a positive experience for all. 2) Provide programming for a minimum of 40 participants of low -to -moderate income. Our evidence -based program empowers participants to improve physical activity, adopt healthy behaviors, boost confidence, and develop positive connections. Program delivery includes curriculum guides, participant t- shirts, materials for activities, journals, parent guides, and apparel for girls in need. 3) As the season concludes, participants will create a community -impact project that positively influences their local area.

They will apply the self-assurance, empathy, and courage gained during practices to each project step, inspiring confidence to make a difference. 4) Host local end -of -season celebratory 5K events for participants, coaches, families, and community members. 5) Complete end -of -season evaluations, to measure impact and identify opportunities for improvement. Ultimately, participants will use the critical life skills learned through GOTR to make positive choices at school, home, and among friends long after the program ends. 101
Public Services Program Application Fiscal Year 2025— 2026 Describe how this project meets the priority population and activities selected.

This project targets low to moderate - income girls in grades 3- 8 by providing an accessible physical activity -based social -emotional learning program. Activities are designed to promote physical health while enhancing emotional well- being, creating a supportive environment that empowers girls to develop essential life skills and build lasting connections with peers.

Explain why this project is needed and what evidence can you substantiate the need.

By adolescence, girls experience a sharper decline in physical activity, self-confidence, and academic perception, and rising anxiety and depression compared to boys. COVID- 19 has intensified these disparities, particularly for girls of color and those from low-income families.

Per recent census data, 79% of Highland residents identify as BIPOC and 16% live below the poverty line, highlighting the need for support.

Describe what gaps of service in the county this project fills.

This project addresses critical gaps in youth health by combining physical activity with social - emotional programming. The 2020 San Bernardino County Community Indicators Report reveals that 42. 6% of students are overweight or obese, while 41 % of mental health service clients are children and youth. By integrating mental and physical health support, the program fosters healthy behaviors and coping skills, helping to combat the intertwined challenges of obesity and mental health issues like depression and anxiety.

What are the critical factors for the success of your project ( include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success
Our project requires one Program Manager @ 20% time to oversee recruitment, training, and implementation, and at least four volunteer coaches @ 40 hours each. In addition to personnel costs ( about 50%), our budget also includes necessary costs for coach training, background checks, CPR certification, consumable materials, insurance, licensing fees, and rental fees for the 5K and off- season storage. We will leverage secured funding from LA84 and anticipated funding from GOTR International to implement the project. We are positioned to grow our staff as needed.
102
Public Services Program Application
Exhibit 4: Project Budget & Sources
Fiscal Year 2025— 2026
Project Budget
SB County Share: ($) Other Source: ($)
Personnel 4, 320. 00 4, 320. 00
Equipment ( Rental, Lease or Purchase) 250. 00
Consultant Services
Auditing, Accounting or Payroll)
Space Rent 0. 00 2, 040. 00
Insurance 180. 00 2, 820. 00
Consumable Supplies 4, 550. 00
Other CPR Certs, Livescan, Licensi 700. 00 9, 700. 00
Total Costs 10, 000. 00 18, 880. 00
Total Project Budget Cost: ( CDBG Share + Other Source) 28, 880. 00 103
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):

This amount should match the grand
total requested from CDBG Share)
Highland 10, 000. 00
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016)
Federal
Funding
State
Funding
County
Funding
Private
Funding LA84 Foundation 40, 000. 00 10/ 28/ 2024
Other:

GOTR International Expansion Grant 50, 000. 00 01/ 31/ 2025 Total Leveraging Funds 90, 000. 00
104
Public Services Program Application
Exhibit 5: Performance and Outcomes
Definitions:

Fiscal Year 2025 — 2026
Unduplicated Clients: The number clients/persons projected to be served during the program year ( e. g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e. g. 25 clients x 10 visits=250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.

In column 1 identify activities that will be completed ( e. g. intervention, counseling, and case management).

In column 2 indicate the number of Unduplicated Clients to be served.

In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed ( 1) Unduplicated
Clients to be
Served ( 2)
Duplicated Clients
projected to be
served ( 3)
Provide GOTR Program 40
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client(s) in order to meet project outcome( s).

July' 25: Site/ Coach RecruitmentAugust' 25: Coach Training, Participant RecruitmentSept- Nov 25: Fall Season, 5KDec' 25: End -of -Season evaluations. If funds remain, follow the same timeline in Spring ' 26.

Describe how your agency determines client( s) success.

Parents and coaches complete feedback surveys, to measure the impact of our program on healthy living habits, life skills learned, and the 5C' s ( competence, confidence, connection, character, caring).

Describe your methodology to evaluate project outcomes.

We analyze registrations, coach applications, attendance, 5K completions, surveys, site visits, and conversations to evaluate outcomes.
1U
105
Public Services Program Application Fiscal Year 2025 — 2026 Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months July 1, 2025 — June 30, 2026). For example, project expenditures and performance/ accomplishment goals of 40% by November30th, 50% by December 31st, 80% by March 31st and 100% by June 30tn
By August 2025, 30%: Secure site( s) for fall season, recruit and train coaches, purchase consumable materials. By December 2025, 50%: Run fall program for 8- 10 weeks, coordinate community impact projects, host 5K event, and complete evaluations. By February 2026, 70%: Secure site( s) for spring season, recruit and train coaches, purchase consumable materials. By June 2026, 100%: Run spring program for 8- 10 weeks, coordinate community impact projects, host 5K event, and complete evaluations.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):
09/ 30/ 2025 3, 000. 00
12/ 31/ 2025 2, 000. 00
03/ 31 /2026 3, 000. 00
06/ 30/ 2026 2, 000. 00
Total Reimbursement: 10, 000. 00
Iff
106
Public Services Program Application
Exhibit 6: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.

Program Manager with BA/ BS, experience with non- profit management and youth programs.

Trained volunteer coaches with relevant experience.

Describe your agency' s experience in administering government and/ or public funds.

CDBG awards from Riverside since 2022; CDBG from Jurupa Valley for 2024/ 2025; funds from City of La Quinta in 2024/ 2025
Describe your method to sustain project viability over the multi -year process if IUIIUIIIU UCGICdJGJ.

Replicating our successful approach in other cities, as we build our program in Highland, we will seek funding from school districts and local foundations to sustain the project beyond the grant period.

Instructions: Complete the table below by marking " YES" or " NO" to the questions listed below.

Question: YES/ NO
Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its No nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? No
Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any No bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last No five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding No sources?
12 107
Public Services Program Application Fiscal Year 2025 — 2026 EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No 71
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
If you answered " Yes", please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810( g) of the Fair Housing Act, as implemented by 24 CFR 103:400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 108
C6SAN6BE®RNARDINO
NTY
E- Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2025 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

My signature on this form certifies that:

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the 2025- 2026 CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/ or cancel this request under all circumstances, including my departure or terminated association with the below -listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the nrnnnser has not in any manner sa,aht by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

Girls on the Run Inland Empire
Mailing Address: Phone No.:

PO Box 21044 951) 394-3141
Email Address: Fax No:
molly. widdicombe@girlsontherun. org
Authorized Signature
Print Name: Print Title:

Molly Widdicombe Councll Director
Signature: Date:

Molly Widdicombe 10/ 28/ 2024
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Ann: CDBG Application
14 109
Public Services Program Application
CDBG Application Checklist
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Community - based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax-exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management ( SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/ letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 110
Public Services Program Application Fiscal Year 2025— 2026 HIGH25PS- 048
Log Number
Office Use Only)
San Bernardino County
Fiscal Year 2025 - 2026
Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
111
Public Services Program Application
Exhibit 1: Organization Information
Organization Name:

San Bernardino County Library
Organization Address:
268 W. Hospitality Lane 3rd Floor, Suite 301
City/State/Zip: ISan Bernardino / California / 92415
Phone: 9093872220
Fax:

Email: IMelanie. Orosco(a)lib. sbcoun Applicant
Type: JCDBG Fundin Authorized
Person Name: Imelanie Orosco Authorized
Person's Title: County Librarian Address:
1268 W. Hospitality Lane 3rd Floor City/
State/ Zip: Isan Bernardino / California / 92415 Phone:
9093872220 Fax:
909- 387- 2288 Email:

Melanie. Orosco@lib. sbcounty. gov Application
Contact Person's Name: Stephanie Ortiz Application
Contact Person' s Title: lRegional Manager Fiscal
Year 2025— 2026 Explain
the Agency' s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/ End Dates. The San Bernardino County Library System is a network of branch libraries that serve adiverse population over avast geographic area. We strive to provide equal access toinformation, technology, programs, and services for all the people who call San Bernardino County home. Our Adult Literacy Program has been in place over 30 years, allowing us to help those struggling with illiteracy in our communities. We are supported with funds from the State and the County through this Current Fiscal Year from July 2024- June 2025 112
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 2: Project Information
Project Title:

San Bernardino County Highland Sam J. Racadio & Environmental Learning Center Library Project Address:
7863 Central Avenue, Highland, CA 92346
County Supervisorial District where project will be located:
1st District 2nd District ® 3rd District 4th District 5th District Is this a New Public Service Project, or request to expand services to an existing CDBG project? Expansions of Service to an Existing Project
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. ( i. e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
We are expanding our services for the individuals who are in our Adult Literacy Program.

Moving forward we hope to continually increase the quality of materials and services that the Highland Branch is able to provide. See attached document for more detailed explanation.

If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

HIGH- 16- 1- 05Z/ 1533
Will this project provide an opportunity to hire minority -owned and women owned businesses? No
If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority -women businesses to apply for this project. 113
Public Services Program Application Fiscal Year 2025— 2026 EXHIBIT 2A: Countywide Vision
Indicate Yes/ No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision. Yes
Create, Maintain and Grow Jobs and
Economic Value in the County. Yes
Improve County Government Operations.

No
Operate in a Fiscally - Responsible and
Business -Like Manner. No
Ensure Development of a Well -Planned,
No
Balanced, and Sustainable County.

Maintain Public Safety.

No
Provide for the Health and Social Services
Needs of County Residents. Yes
Pursue County Goals and Objectives by No
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:

By tutoring illiterate adults and providing them the tools to learn to read and write, we help them build self-confidence to accomplish many goals such as applying for jobs, being able to vote and much more. This results in them becoming more socially prepared to participate in all the County has to offer. Additionally, the Adult Literacy program supports the county' s Cradle to Career Road Map to achieve the Countywide vision. When we teach illiterate adults to read, we are not only helping them but are also helping their children, as parents who read are able to provide the literacy support a child needs to succeed. 114
Public Services Program Application
Exhibit 3: Community Needs and Target Population
Fiscal Year 2025— 2026
Community Needs Target Population
Public Service Yes/ No Proposed Community: Yes/ No
Needs:

Senior Services Low and Moderate Persons
Yes Yes
Handicapped Low and Moderate
Services No Households No
Youth Services Abused Children
No No
Child Care Handicapped Persons
Services No No
Transportation Illiterate Persons
Services No Yes
Substance Abuse Homeless Persons
Services No No
Employment Migrant Farm Workers
Training No No
Health Services Elderly People
No Yes
Lead Hazard
Screening No
Crime
Awareness No
City/ Target Area of Project Beneficiaries
Participating Cities: ( l.e Redlands. Colton, Yucaipa)
Highland
115
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 3: Community Needs and Target Population ( continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the oroaosed orogram reside ( attach a map if needed):

Highland
HUD Demographics: ( Yes/ No)
Does this project help prevent homelessness?
No
Does this project help the homeless?
Yes
Does this project help those with HIV or AIDS?
No
Does this project primarily help persons with disabilities? No
Summarize the description of your project to include 1) priority, 2) sub -activity, 3) population( s) to be served, and 4) accomplishment level, and 5) services to be provided.

The San Bernardino County Library ( SBCL), Highland Branch Adult Literacy Services Program will provide programming and instruction for low -to -moderate income illiterate adults and senior residents of Highland. Individualized tutoring and one- on- one Literacy instruction reading, spelling, and basic computer skills) will be provided to qualifying adult participants during Fiscal Year 25- 26. Library Adult Literacy Services are provided free of charge to all Learners participating in the program. Direct services and assistance are provided by Library staff as well as a ream of trained Literacy Tutors. Dedicated tutoring space and special Adult Literacy Program materials ( leveled student readers, workbooks, dictionaries, GED Test Prep packets) are provided to participating learners at no charge. Learners are strongly encouraged to attend free Basic Computer Skills Classes taught in the library. Those with young children are encouraged to attend Early Learning and Preschool Storytime Activities to foster a love of reading and ensure school -age readiness. The Highland Branch is dedicated in improving the literacy rates in the Highland community. 116
Public Services Program Application Fiscal Year 2025— 2026 Describe how this project meets the priority population and activities selected.

The Adult Literacy Services Program assesses illiterate and presumed low- income adults and senior residents of Highland, and provides those that qualify with programming, tutoring, and instruction to aid them in meeting their literacy goals.

Explain why this project is needed and what evidence can you substantiate the need.

Per recent U. S. National Assessment of Adult Literacy, one in seven adults have difficultyreading anything more challenging than a child' s picture book. It is estimated that at

3. 4million Californians fall at the " Below Basic" Literacy Level. In the County of San Bernardino alone, it is estimated that at least 500,000 adults cannot read at all. This service provides assistance to adults who fall into this category.

Describe what gaps of service in the county this project fills.

This program focuses on adult individuals who are illiterate or who have low literacy skills. TI County Library Adult Literacy Program provides a no cost alternative for adults to gain these skills.

What are the critical factors for the success of your project ( include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project This program is funded primarily through the Library Department budget. Additional State and County funding helps the Library Department to expand the program and reach a larger audience than would be possible through internal funding alone. The Literacy Program is a multi -branch program, with branch staff interacting with learners and tutors while reporting is overseen by administrative staff. We have taken steps to ensure that any staff turnover will not impede the Literacy Program and that services would continue to be offered through the cross -training of staff.
117
Public Services Program Application
Exhibit 4: Project Budget & Sources
Fiscal Year 2025— 2026
Project Budget
SB County Share: ($) Other Source: ($)
Personnel 10, 000. 00
Equipment ( Rental, Lease or Purchase)
Consultant Services
Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs 10, 000. 00 0. 00
Total Project Budget Cost: ( CDBG Share + Other Source) 10, 000. 00 118
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):

Source of Type of Funding: ( Grant Name, Amount ($): Date Funding: EFSP Money) Available:
1112212016)
Federal
Funding
State
Funding 0. 00 08/ 01/ 2025
County
Funding 0. 00 07/ 01/ 2025
Private
Funding
Other:

Total Leveraging Funds 0. 00
119
Public Services Program Application
Exhibit 5: Performance and Outcomes
Definitions:

Fiscal Year 2025 - 2026
Unduplicated Clients: The number clients/ persons projected to be served during the program year (e. g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service ( duplicated, e. g. 25 clients x 10 visits= 250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.

In column 1 identify activities that will be completed ( e. g. intervention, counseling, and case management).

In column 2 indicate the number of Unduplicated Clients to be served.

In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed ( 1) Unduplicated
Clients to be
Served ( 2)
Duplicated Clients
projected to be
served ( 3)
Literacy Tutoring 35 350
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client( s) in order to meet project outcome( s).

Learners are assessed by branch staff and matched with a tutor. They are scheduled for weekly tutoring sessions in order to meet individual goals set by the learner and plan new goals as the learner progresses.

Ue5G1IUe r1UW yUUI CJ Cl Il. y ucuar r r ni rca
Learners set individual goals that they want to meet, and tutors help learners meet those goals. Regular assessments of the learner' s progress are used to track improvement.

Describe your methodology to evaluate project outcomes.

We track the number of goals met in correlation to the number of goals set by the individual learners.

W
120
Public Services Program Application Fiscal Year 2025— 2026 Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months July 1, 2025 — June 30, 2026). For example, project expenditures and performance/ accomplishment goals of 40 % by November 30tn, 50 % by December 31st, 80 % by March 31sr and 100% by June 30tn
As mandated by the California State Library Literacy Services ( CLLS), individual adult learners are required to list one or more personal Literacy goals via the Roles & Goals Intake Form. 75% of total Highland Adult Literacy Program learners are anticipated to achieve one or more of their person goals set during program year 24-25. We plan to meet 25% of our tutor/ learner pairing goal each quarter; 25% by October 1st, 50% by January 1st, 75% by April 1st, and 100% by June 30th.

Fill- in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):
10/ 01 / 2025 2, 500. 00
01 /01 /2026 2, 500. 00
04/ 01 / 2026 2, 500. 00
06/ 30/ 2026 2, 500. 00
Total Reimbursement: 10, 000. 00
W
121
Public Services Program Application
Exhibit 6: Agency Capacity Narrative
Non -Profit Organizations Only)
Fiscal Year 2025— 2026
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.

Regional Manager, Library Events Coordinator, Admin Librarian I, Branch Managers, Library Assistants, Volunteer Tutors. See Attachment
Describe your agency' s experience in administering government and/ or public funds.

We have been funded for the Adult Literacy Program and administrating CDBG grants and Funds since 1984.

Describe your method to sustain project viability over the multi -year process if IUIIU11114 UCUIGQJQJ.

This is a multi -branch program with a network of branch and administrative staff and a portionof the overall library budget set aside to improve and continue this program.

Instructions: Complete the table below by marking " YES" or " NO" to the questions listed below.

Question: YES/ NO
Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its No nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? No
Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any No bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last No five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding No sources?
12 122
Public Services Program Application Fiscal Year 2025 — 2026 EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? No
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
No
If you answered " Yes", please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: ( 1) Any pending civil rights lawsuit instituted by the U. S. Department of Justice; ( 2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD -approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; ( 3) Any unresolved Secretarial charge of discrimination issues under Section 810( g) of the Fair Housing Act, as implemented by 24 CFR 103:400; ( 4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; ( 5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General' s Guidelines ( 28 CFR 50. 3) or the HUD Title VI regulations ( 24 CFR 1. 8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations ( 24 CFR 8. 57). If one or more of these situations exists with your Organization, please attach a brief description.
13 123
CeSAN6BE6RNARDlN0 NTY
E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
2025 - 2026 Application
In order to comply with all applicable federal grant regulations, a hard -copy of this E- Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing ( CDH) in order for the applicant to electronically sign the Community Development Block Grant ( CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee ( with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

MV signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non -collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the rn or has not in nnv manner cn inht by collusion to secure for him/ herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

San Bernardino County Library 95- 6002748
Mailing Address: Phone No.:
268 W. Hospitality Lane 3rd Floor 909) 387- 2220
Email Address: Fax No:

Stephanie. Ortiz@Iib. sbcounty. gov 909) 387- 2288
Authorized Signature
Print Name: Print Title:

Melanie Orosco County Librarian
Signature: Date:

Melanie Orosco County Librarian
Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215- 0043 Attn: CDBG Application
14 124
Public Services Program Application
CDBG Application Checklist
Non -Profit Organizations Only)
Fiscal Year 2025 — 2026
Community -based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at ( 909) 501- 0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency' s current year General Operating Budget o List of agency' s Board of Directors, including names and addresses o Proof of existing non- profit/tax- exempt status ( Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management ( SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 125

STAFF REPORT

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran, Public Works Director/ City Engineer PREPARED BY: Melissa Morgan, Public Services Mana%
SUBJECT: First Amendment to the Revised and Restated Solid Waste Franchise Agreement between the City of Highland and Burrtec Waste Industries, Inc., to Incorporate Senate Bill 1383 Requirements
SB 1439 Campaign Contributions and Conflicts of Interest - Government Code Section 84308 is applicable)
RECOMMENDATION: Staff recommends that the City Council approve and authorize the Mayor to execute the First Amendment to the Revised and Restated Solid Waste Franchise Agreement between the City of Highland and Burrtec Waste Industries, Inc., to Incorporate Senate Bill 1383 Requirements.

FISCAL IMPACT: There is no fiscal impact to the City due to adopting the Amendment. There is a component contained in the calculation of the current Refuse Collection Rates for Senate Bill 1383 ( SB 1383) Compliance. Currently, that component is $ 0. 75 per month per residential unit and $ 0. 38 per yard for commercial users.

LEGAL REVIEW: This report and the Amendment were drafted in collaboration with the City Attorney' s office.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Cler City Manager
1 City Council Meeting of
December 10, 2024
First Amendment to the Revised/ Restated Solid Waste Franchise Agreement

Page 2 ends

BACKGROUND: SB 1383 was signed into law in September 2016. In an effort to address climate change, and specifically short-lived climate pollutants, SB 1383 sets targets for reducing organic waste disposal in landfills and to reduce disposal of edible food. California Department of Resources Recycling and Recovery ( CalRecycle) found 20 percent of the State' s methane emissions to come from landfills and for organics such as food scraps, yard trimmings, paper and cardboard to make half of what California disposes of in landfills.

SB 1383 establishes a statewide target to reduce organic waste disposal by 50% by 2020 and 75% by 2025 and a statewide target to redirect at least 20% of edible food that is currently disposed to people in need. To meet these targets CalRecycle developed prescriptive regulations requiring local jurisdictions to adopt a mandatory and enforceable organics waste recycling ordinance by January 1, 2022. In addition, local jurisdictions are required to:

Provide organic waste recycling services to all residents and businesses; Implement an edible food recovery program that recovers edible food from the waste stream; Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations;
Procure recycled organic waste products like compost, mulch, and renewable natural gas; and, Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements;
Monitor compliance and conduct enforcement of the City' s enforcement ordinance.

CalRecycle' s regulations went into effect on January 1, 2022. The City adopted Ordinance No. 451 adding Chapter 8. 13 Mandatory Organic Waste Disposal Reduction to Title 8 Health and Safety of the Highland Municipal Code incorporating the requirements of SB 1383. In addition, the City adopted Ordinance No. 459 addressing the purchasing and procurement requirements.

DISCUSSION: On June 26, 2018 the City Council approved a Revised and Restated Collection Services Franchise Agreement ( Agreement) between the City and Burrtec Waste Industries ( Burrtec). This Agreement is attached hereto as Attachment 1. This Agreement became effective on that date and addressed any current or future diversion programs such as SB 1383 and the corresponding CalRecycle regulations. Burrtec' s request for this Amendment to the agreement was prompted by the extremely prescriptive requirements of SB 1383 and the City' s obligation to be in compliance with the regulation. While the City did implement the requirements of SB 1383 in a timely manner, including adjusting refuse collection rates addressing the cost impacts of SB 1383 the City Attorney felt it necessary to incorporate the requirements and expectations into the proposed Amendment. The Amendment is attached hereto as Attachment 2.

Key elements of the amendment are described as follows:

1. Definitions: Additional Definitions not contained in the original Agreement that are specific to SB 1383 is now included.
2 City Council Meeting of
December 10, 2024
First Amendment to the Revised/ Restated Solid Waste Franchise Agreement

Page 3 ends

2. Collection System: The Amendment requires Burrtec to provide a collection system that is designed to be wholly compliant with the requirements of SB 1383. Key provisions in this section incudes:
a. The requirement to provide for the separate collection of source separated recyclable materials, source separated green container organic waste, source separated brown container food waste, and gray container waste services. b. Burrtec shall not knowingly collect containers that include an excess of twenty- five percent 25%) by weight of prohibited container contaminants.
c. Burrtec shall provide the SB 1383 written notification to the City that by allowing the use of bags for food waste collection that it does not inhibit the ability of the City to comply with SB 1383 Regulations.

3. Waste Disposal Agreement: The Amendment allows Burrtec the flexibility from meeting its compliance requirements by any alternative methods or procedures after it has obtained the approval of the City in writing while still following the City' s current Waste Disposal Agreement or any that it shall enter into thereafter.

4. Billing and Enrollment Procedures: SB 1383 requires that jurisdictions implement an inspection and enforcement program to ensure organic waste generators comply with the requirements, including subscribing to the required services and assessing penalties and fines for continuous violations. This Amendment contains a provision to include a Contamination Processing Fee for continuous contamination occurrences, ensures that Burrtec will assist the City to enroll customers are subscribed to all mandated collection services and maintain all required recordkeeping.

5. SB 1383 Container Requirements: The Amendment requires Burrtec to comply with all mandated color and label combinations required by SB 1383.

6. Procurement of Recovered Organic Waste Products: The Amendment requires Burrtec to coordinate and cooperate with the City in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations.

7. Inspection and Enforcement: The Amendment requires that Burrtec assist the City in all required inspections, route reviews and recordkeeping for enforcement required by SB 1383.

8. Complaints and Reports of Non -Compliance: The Amendment requires that Burrtec assist the City in all required investigations and recordkeeping of complaints and reports of non- compliance required by SB 1383.

9. Organic Waste and Recyclable Material Capacity Guarantee: The Amendment requires that for facilities owned or operated by Burrtec or an affiliate of Burrtec, Burrtec shall provide written notification to the City that the facility has the capability to recover and/ or process organic waste.

Also, that the City shall not implement or enforce an ordinance, policy, procedure, permit condition, or initiative that prohibits the lawful processing of organic waste. 3 City Council Meeting of
December 10, 2024
First Amendment to the Revised/ Restated Solid Waste Franchise Agreement

Page 4 ends

10. Organics Recordkeeping and Reporting: SB 1383 has specific requirements for record keeping that are expanded beyond what is currently required for waste diversion programs.

This
Amendment requires Burrtec to maintain all required recordkeeping and reporting. Burrtec will allow City access to records via remote access to a third -party reporting software for the purposes of auditing and inspecting SB 1383- related records and reports. Burrtec currently provides access to the records through a program entitled Recyclist.

11. Contamination Monitoring: This section in the Amendment provides for the protocol, i. e. noticing and recordkeeping requirements for contamination monitoring process. This is the protocol that must be followed in order for a customer to be charged the Contamination Process Fee discussed previously in Section 4 of this report.

12. Route Reviews and Waste Evaluations: This Amendment provides Burrtec with two specific options to meet the Contamination Monitoring required by SB 1383. Contamination Monitoring can be met by route reviews and/ or waste evaluations. This section provides the requirements for both options and the recordkeeping necessary for compliance records.

13. Education and Outreach: The City in partnership with Burrtec already conducts education and outreach for all aspects of the solid waste and recycling programs provided to all customers.

However, in this section of the Amendment it includes specific SB 1383 required education and outreach including requirements for the Edible Food Recovery program.

14. Generator Waiver Program Coordination: In accordance with SB 1383 Regulations, the City may grant waivers from organic waste collection services to eligible organic waste generators. This new provision outlines the process for Burrtec to submit waiver to the City Staff for consideration.

SB 1383 requires that only jurisdictional staff may approve a waiver.

While all of the program required elements of SB 1383 have already been implemented in cooperation between Burrtec and the City this Amendment will formalize and memorialize the obligations of each party.

Attachments: 1. Revised and Restated Collection Services Franchise Agreement

2. First Amendment To The Revised And Restated Solid Waste Franchise Agreement 4 Attachment
5 1

REVISED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF HIGHLAND, AND BURRTEC WASTE INDUSTRIES, INC. h
This Franchise Agreement (" Franchise Agreement") is entered into this day of June, 2018 by and between the CITY OF HIGHLAND (" City") and BURRTEC WASTE INDUSTRIES, INC (" Grantee"). In consideration of the mutual promises, covenants and conditions contained in the Agreement and for good and other valuable consideration, City and Grantee agree as follows:

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act by 1989 (" AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste and construction debris handling and diversion within their jurisdictions; WHEREAS, pursuant to California Public Resources Code Section 40059( a)( 1), the City Council of the City of Highland (" City") has determined that the public health, safety, and wellbeing require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of Highland;
WHEREAS, City and Grantee' s predecessor in interest, Cal Disposal, previously entered into that certain Revised and Restated Agreement between the City of Highland, and Cal Disposal, for the Collection. Transportation, Recycling, Composting, and Disposal of Solid Waste and Construction and/ or Demolition Debris and for Providing Temporary Bin/Rolloff Services dated November 1, 2006 (the " Prior Cal Disposal Agreement"); WHEREAS, City and Grantee previously entered into that certain Revised and Restated Agreement between the City of Highland, and Burrtec Waste Industries, Inc., for the Collection Transportation, Recycling, Composting, and Disposal of Solid Waste and Construction and/ or Demolition Debris and for Providing Temporary Bin/ Rolloff Services dated November 1, 2006 the " Prior Burrtec Agreement' and together with the Prior Cal Disposal Agreement the " Prior Agreements");
WHEREAS, Grantee has represented and warranted to City that it has the experience, responsibility and qualifications. to arrange with residents, commercial, industrial, institutional and other entities in the Franchise Area for the collection and safe transport to disposal facilities of municipal Solid Wastes, and to conduct the necessary diversion programs; WHEREAS, the City finds that Grantee has performed as the franchise contractor under the Prior Agreements in a good and workmanlike manner,
WHEREAS, the City Council of the City of Higliland declares its intention of maintaining reasonable rates for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bmlrolloff services within City limits; and
6 WHEREAS, the City and Grantee desire to enter into this Agreement for the purpose of amending, combining and restating the Prior Agreements.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. GRANT OF COMMERCIAL, RESIDENTIAL, CONSTRUCTION, INDUSTRIAL, AND TEMPORARY BIN EXCLUSIVE FRANCHISE.

This Franchise Agreement grants a franchise as provided herein and pursuant to Municipal Code Chapter 8. 12 of City of Highland and California Public Resources Code Section 40059( a)( 1) to Grantee, for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff box services in commercial, residential, construction, and industrial areas within the City. City reserves the right to amend Municipal Code Chapter 8. 12, and the terms of this Agreement in any manner necessary for the safety or welfare of the public or to protect the public interests. This Franchise Agreement shall be in force and effect within the City Limits as they now or may hereafter exist ( the " Franchise Area").

SECTION 2. DEFINITIONS.

Whenever any term used in this Franchise Agreement has been defined by Municipal Code Chapter 8. 12 of the City or California Public Resources Code, the definitions in the City Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement.

A. AB 939. " AB 939" shall mean the California Integrated Waste Management Act of 1989, currently codified as California Public Resources Code Section 40000 et seq., as it may be amended from time to time.

B. Affiliate. " Affiliate" means a business in which Grantee owns a direct or indirect ownership interest, a business ( including corporations, limited and general partnerships and sole proprictorships) which has a direct or indirect ownership interest in Grantee and/ or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Grantee. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318( a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that ( i) " ten percent ( 10%)" shall be substituted for " fifty percent ( 50%)" in Section 318(a)( 2)( C) and in Section 318( a)( 3)( C) thereof; and ii) Section 318( a)( 5)( C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318( a), ownership interest of less than ten percent ( 10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater.

C. Bins. " Bins" shall mean a meta]. Container, provided by Grantee for commercial, industrial, construction, and multi -family residential uses. Bins are of two types:
4 7
1) Bins ( usually three ( 3) cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus; and ( ii) Rolloff Boxes ( usually 40 cubic yards in size) which are picked up by trucks using rear loading winches onto rafts.

D. Bulky Items. " Bulky Items" means Solid Waste that cannot and/ or would not typically be accommodated within a
Cart including specifically: furniture
including chairs, sofas, mattresses, and rugs); appliances ( including refrigerators with and without freon, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as " white goods"); and clothing. Bulky Items do not include car bodies, construction waste or items requiring more than two persons to remove. In the event a question ever arises as to whether a specific item, or category of items meets the definition of Bulky Items, the City Manager shall be responsible to determine whether said definition shall apply, which determination shall be final.

B. Cart. " Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi -automated process, as opposed to a manual process of lifting and dumping.

F. Cam. " City" shall mean the City of Highland, a municipal corporation, located in San Bernardino County, California.

G. City Limits. " City Limits" shall mean the territorial boundaries of the City together with all amendments and changes thereto, which boundaries are depicted on maps, incorporated herein by reference, that are kept on file in the office of the City Clerk of the City of Highland, and which are from time to time amended to reflect changes.

H. City Manager. " City Manager" shall mean the City Manager of the City of Highland or his or her designee.

I. Collect/ Collection. " Collect" or " Collection" shall mean to take physical possession of, transport, and remove Solid Waste from a premises.

J. Commercial Premises. " Commercial Premises" means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use ofthe property. Notwithstanding any provision to the contrary herein, in the Municipal Code, or otherwise, for purposes of this Agreement Premises upon which Hotels, and Motels are operated, and Multi -Family Dwellings shall be deemed to be Commercial Premises.

K. Container. " Container" means any and all types of Solid Waste receptacles, including Carts, Bins, and receptacles provided by Grantee. 3 8
i.. Customer. " Customer" shall mean any person receiving Solid Waste Handling Services from Grantee within the Franchise Area.

M. Dwelling Unit. " Dwelling Unit" shall have the meaning set forth in the Municipal Code.

N. E-Waste. " E- Waste" means appliances, devices, and other objects containing electronic components, and includes ( but is not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCR' s, and televisions.

Effective Date. " Effective Date" shall mean August 1, 2018.

P. Environmental Laws. " Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S. C. 9601 et seq.; the Resource Conservation and Recovery Act, 42 USC § 6902 et seq.; the Federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the Toxic Substances Control Act, 15 U. S. C. § 1601 et seq.; the occupational Safety and Health Act, 29 U. S. C. § 651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code § 25100 et seq.; the California Hazardous Substance Account Act, California Health and Safety Code § 25300 et seq.; the Porter - Cologne Water Quality Control Act, California Water Code § 13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code § 25249. 5 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.

Q. Franchise Area. " Franchise Area" shall mean all Premises within the City Limits.

R. Franchise :Fee. " Franchise Fee" shall mean the franchise fee set forth and more fully defined in Section 6 hereof:

S. Grantee. " Grantee" means Burrtec Waste Industries, Inc., the entity granted the Franchise pursuant to this Franchise Agreement.

T. Gross Receipts. " Gross Receipts" shall mean and include all monies, fees, charges, consideration, and revenue received, charged or imputed to Grantee and any Affiliate of Grantee, in connection with, arising from, or in any way attributable to the Solid Waste Handling Services carried out by or on behalf of Grantee pursuant to this Agreement. Gross Receipts includes, without limitation, monthly Customer charges for Collection of Solid Waste, without subtracting Franchise Fees imposed and collected pursuant to this Agreement, sums collected in connection with Temporary Services, transportation charges, and revenues from the sale of salvageable or Recyclable Material.

U. Hazardous Substance. " Hazardous Substance" shall mean any of the following:
a) any substances defined, regulated or listed ( directly or by reference) as 9 9
Hazardous Substances", " hazardous materials", " Hazardous Wastes", " toxic waste", " pollutant" or " toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to ( i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S. C. 9601 et seq.(CERCLA); ( ii) the Hazardous Materials Transportation Act, 49 U.S. C. * 1802, et seq.; ( iii) the Resource Conservation and Recovery Act, 42 U.S. C. § 6901 et seq.; ( iv) the Clean Water Act, 33 U.S. C. § 1251 et seq.; ( v) California Health and Safety Code §§ 25115- 25117, 25249. 8, 25281, and 25316; vi) the Clean Air Act, 42 U.S. C. § 7901 et seq.; and (vii) California Water Code 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and ( c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local Environmental Laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl' s PCBs"), petroleum, natural gas and synthetic fuel products, and by-products.

V. Hazardous Waste. " Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code § 25110. 02, § 25115, and § 25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency ( EPA), pursuant to the Federal Resource Conservation and Recovery Act ( 42 U.S. C. § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder..

W. Multi -Family Dwelling. " Multi -Family Dwelling" means either ( i) any building or lot containing four or more Dwelling Units, or ( ii) any building or lot containing two or more Dwelling Units which Grantee determines ( and City agrees) must receive Solid Waste Handling Services through the use of shared Bins, since they are not reasonably able to receive individualized Solid Waste Handling Service through the use of Carts or Customer provided Containers. Any ambiguity as to whether a Customer' s Premises qualifies as a Single Family Dwelling or Multi -Family Dwelling shall be resolved by the City Manager whose decision shall be final.

X. Municipal Code. " Municipal Code" shall mean City of Highland' s Municipal Code.

Y. Org_anics/ Org_anie waste. " Organics" or " Organic waste" shall mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food - soiled paper waste that is mixed in with food waste.

Z. Person. " Person" shall mean any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of San Bernardino, towns, cities, and special purpose districts.
5 10
AA. Premises. ` Premises" shall mean any land, building, and/ or structure within the City Limits where Solid Waste is generated or accumulated.

BB. Recyclable Material. " Recyclable Material" or " Recyclables" shall mean that Solid Waste discarded within the Franchise Area which is capable of being recycled.

CC. Residential Premises. " Residential Premises" shall mean all premises upon which Dwelling Units exist. Notwithstanding any provision to the contrary herein, in the Municipal Code, or otherwise, for purposes of this Agreement Premises upon which hotels, and motels are operated, and Premises upon which four or more Dwelling Units exist shall be deemed to be Commercial Premises.

DD. Rollofi Box. " Rolloff Box" means Solid Waste Collection Containers of 14- yards or larger, including compactors.

EE. SinWe Family Dwelling. "Single Family Dwelling" means abuilding or lot containing one Dwelling Unit, and for purposes ofthis Agreement includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined bythe City to be reasonably able to receive individualized Solid Waste Handling Service and the number of Dwelling Unitson the premises isless than four (4). Any ambiguity as to whether a Customer' s Premises qualifies as a Single Family Dwelling or Multi -Family Dwelling shall be resolved by City. FF.

Solid Waste. "Solid Waste" shall mean and include all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, Refuse, rubbish, construction waste, industrial waste, commercial Solid Waste, Bulky Items, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid Waste does not include hazardous (Class 1) waste, low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein. GG.

Solid Waste Handling Services. "Solid Waste Handling Services" means the Collection, transfer, transport, recycling, processing, and disposal of Solid Waste. HE Special Wastes. "Special Wastes" shall mean wastes other than Solid Waste including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, hazardous waste, animal waste, explosive substances, radioactive materials, and other materials which may not be disposed of at a Class III landfill or which require special handling. 11.

Temporary Service. "Temporary Service" shall mean Solid Waste Handling Services provided by Grantee on an as -needed and temporary basis to any Premises within the City in conjunction with construction, demolition, cleanup or other projects, and by use of temporarily placed Bins or Rolloff Boxes. 11 JJ. Term. " Term" shall have the meaning ascribed in Section 8 of this Agreement.

KK. Transform. " Transform" means incineration, pyrolysis, distillation, gasification, or biological conversion. Transformation does not include composting.

LL. Universal Wastes. Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. see California Code of Regulations, Div. 4.5, chapter 23.) They include, for example; mercury thermostats, switches and thermometers; batteries; fluorescent and high -intensity lamps; nonempty aerosol cans; certain consumer electronic devices; and cathode ray tubes such as those found in television and non -flat monitors.

MM. Wastestream. " Wastestream" means all Solid Waste and Recyclable Materials collected by Grantee pursuant to this Agreement or delivered by any Person to the Materials Recovery Facility.

SECTION 3. ACCEPTANCE AND WAIVER
Grantee agrees to be bound by and comply with all the requirements of Municipal Code Chapter

8. 12 and this Franchise Agreement. Grantee waives Grantee' s right to challenge the terms ofthis Franchise Agreement and Municipal Code Chapter 8. 12 under Federal, State or local law, or administrative regulation, as such laws and regulations, exist as of the date or execution of this Agreement, or as the same may be amended in the future. Grantee waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code.

SECTION 4. FRANCHISE AREA.

The Franchise Area granted by this Franchise Agreement shall be all residential, commercial, industrial, and construction premises located within the corporate boundaries of the City of Highland, as they now or may hereafter exist.

SECTION 5. SERVICES PROVIDED BY GRANTEE.

A. General. Grantee shall provide the collection, transportation, recycling, green waste composting, and disposal of Solid Waste and construction debris and shall provide temporary bin/rolloff box services within the Franchise Area in accordance with the terms of this Franchise Agreement and Municipal Code Chapter 8. 12. These services shall be provided according to the Schedule of Rates in Exhibit " A", except as may be modified by the terms of this Agreement and by resolution of the City Council.

B. Automation. Grantee shall continue to operate an automated collection method of all Residential Solid Waste, Green Waste and recyclables. Failure to operate all automated all residential routes continuously shall be considered a material breach of this Franchise Agreement.
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C. Single Family_ Residential.

1. Weekly Service. once each week Grantee shall collect the Solid Waste, compostables, and recyclables ( except Bulky Items and household hazardous waste) which have been placed, kept or accumulated in containers at single family residences within the Franchise Area and placed at curbside prior to Grantee' s normal weekly collection time. All Solid Waste, compostables, and recyclables must be placed within containers, at curbside, without obstructions, so as to permit collection. City agrees to use its best efforts to enforce parking and other ordinances so as to facilitate this curbside collection system. Grantee may negotiate special pickup procedures, above and beyond the normal services described above, with customers for an additional fee in an amount provided in Exhibit " A". Grantee shall be prohibited from providing permanent or temporary Bin Containers to residential customers unless Grantee has verified that customer has complied with the requirements of :Municipal Code Chapter 8. 12, Section

8. 12.350 regarding an " Exception to Container Placement for Residential Use."
2) Bulky Item Services. Grantee shall provide temporary Bin Rolloff Box services to customers for numerous items from annual cleanups, moving, extensive yard work, minor construction projects, etc. according to the rate schedule in Exhibit " A" as that rate schedule may be amended by the City Council.

Grantee shall provide collection at the curbside on demand from residential unit subscribers four (4) times per calendar year to each residential customer in the City for Bulky Items. The Grantee shall provide such on demand service during a designated week of each quarter scheduled by the City and Grantee. Customer requests for such service may be done in person, over the telephone, or in writing. Grantee shall require customer to request Bulky Item pickup service no later than Wednesday of the week prior to the scheduled service week. Collection of waste materials such as dirt, rock, concrete, and asphalt are not included in or required of Grantee for this service. Bulky Items shall not exceed five ( 5) items per collection. Grantee may bill any customer for services in excess ofthe four (4) free collections or in excess of five (5) items, in accordance with the approved rates.
3) Mobile -Household Hazardous Waste Collection Program. At least annually, the Grantee will participate with the County of San Bernardino in a _'Mobile Household Hazardous Waste Collection Program designed to collect not only non -permit required household hazardous wastes but also permit required household 0 13
hazardous wastes, e.g., pesticides, herbicides, oil base paint, etc. these County and Grantee roundups should be coordinated in an effort to provide all residents with non -permit required and pen -nit required roundups annually. If the Household Hazardous Waste Program is discontinued or modified by San Bernardino County, the Grantee may be required, at City' s request, to operate a similar program under terms and conditions negotiated with the City, by amendment to Exhibit " A"
4) Public Education Materials. Grantee shall produce, keep current, and provide public education materials specifically outlining the Bulky Item pickups, Household Hazardous Waste roundups, Recycling and Recyclable items and Green Waste programs. These materials shall be distributed to the residents on a minimum quarterly basis by direct mailing with customer invoices, or more frequently as designated by City. All public education materials shall be approved by the City Manager prior to the distribution, Grantee shall provide said public education materials to the City for their distribution.

D. Commercial Industrial, and Multi -Family Residential. 1) Multi -Family Weekly. Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the Bins are located, Grantee shall collect the Solid Waste (including Bulky items which have been placed in a closed bin), compostables, and recyclables ( except household hazardous waste) which have been placed for collection in Solid Waste or recycling Bins.
2) Bulky Item Services. Annually, Grantee shall, in response, to written request by the City Manager, deliver and collect roll -off containers for use in multifamily neighborhood Bulky Item cleanup programs at no charge. These services shall consist of a single collection day beginning at 9: 00 a.m. and ending at 5: 00 p.m. The City shall notify Grantee in writing not less than thirty ( 30) calendar days prior to the date of the service. The notice to the Grantee shall specify the date of delivery and collection ofthe roll - off containers, the location(s) for delivery, and the number and size of the roll -off containers to be delivered.
3) Commercial and Industrial Weekly Service. Not less often than once per week, and more frequently ifrequired to handle the waste stream of the premises where the Bins are located, Grantee shall collect the Solid Waste, compostables, and recyclables which have been placed for collection in Solid Waste or recycling Bins.

X
14 4) Wastestream Audits. During the first year of this Agreement and at least bi-annually during the term of this Agreement, Grantee shall conduct a wastestream audit of all multi -family and commercial accounts to verify that maximum diversion of Solid Waste is being achieved. Annually, Grantee shall provide a report to City containing at the minimum, account name, address, percentage of diversion and any changes and/ or suggestions due to the audit.

E. Construction and Temporary Bin/Rolloff Box Services. Grantee shall provide construction and temporary bin/Rolloff Box services using rates reflected in Exhibit "A", as those rates may be amended by resolution ofthe City Council.

F. Diversion Programs.
1) The Grantee shall conduct Diversion Programs in the Franchise Area in accordance with the City' s Source Reduction and Recycling Element and current SB 1066 Extension. if at any time during the term of this Agreement the City must enter into any new agreement and/ or plan for increased diversion of Solid Waste, the Grantee shall provide the additional programs as necessary. The City will give Grantee the opportunity to comment on any amendments and/or additions to the existing Diversion Programs conducted in the City. 2) Within sixty ( 60) days of the effective date of this Agreement, Grantee shall present a proposal for the City' s review and approval to provide additional or expanded diversion services consistent with the current statutory and regulatory mandates including those applicable to green waste, organic materials, construction and demolition waste and residential and commercial recycling. The proposal shall contain a complete description of the following:
a. Collection methodology to be employed ( equipment,
manpower, etc.).
b. Equipment to be utilized (vehicle number, types, capacity, age, etc.).
c. Labor requirements ( number of employees by
classification).
d. Type of materials Containers to be utilized.
e. Provision for program publicity/education/marketing.

Projection of the annual financial results of the program' s operations in an operating statement format including
documentation of the key assumptions underlying the
projections and the support for those assumptions.

The Grantee shall be entitled to a reasonable adjustment in its compensation, subject to the approval of the City Council for providing any additional or modified services the City or 10 15
applicable State law may require pursuant to this Section 5F(2) based on costs that exceed the current rate component allocations. 3) Bulky Items Collected pursuant to this Agreement may not be landfilled until the following hierarchy of diversion efforts has been followed by Grantee:
a. Reuse as is (if energy efficient)
b. Disassemble for reuse or Recycling
C. Recycle, Transformation, other means of diversion
d. Disposal
The disposition of Bulky Items shall be tracked by Grantee and this information shall be included in Grantee' s quarterly reports to City.

G. Collection on Holidays. If the day of collection on any given route falls on a Holiday observed by the landfill or other lawful disposal site to which refuse or debris collected within the Franchise Area is taken for disposal, or recycling facility to which recyclables are taken, Grantee shall provide collection for such route on the workday next following such Holiday and shall not provide collection on such Holiday, except that Grantee shall not be required to provide collection on New Year' s Day, Thanksgiving Day, or Christmas Day.

H. Additional Services. The following additional services are hereby provided to City, free of charge, by Grantee:
1) Grantee shall provide Rolloff Boxes to any non-profit group, e.g.

Boy Scouts, Girl' s Club, churches, Earth Clubs, etc., free of charge, for the express purpose of the group collecting recyclable materials. Grantee shall deliver said materials to a recyeler of the group' s choice and remit all revenues received to the group less the Grantee' s transportation cost2) Grantee shall clean up litter in the immediate vicinity of any Solid Waste storage area, including the areas where containers are placed for collection, when Grantee has caused the litter. Grantee shall clean out any overflowing' Bins or enclosures within twenty-four 24) hours of notification by City, free of charge to the City.

Grantee shall provide the City Manager the identification of continual problems in customer Bins or enclosures.
3) Grantee shall begin pickup of all Christmas trees on the first scheduled pickup day after New Year' s Day and shall continue pickup of Christmas trees on scheduled pickup days through January 12. The trees shall be diverted from the landfill, either by deposit at a composting facility, a tree farm or nursery, or a 11 16
grinding operation, without additional charge to the customer or to the City.
4) Grantee, at City' s sole option, shall provide refuse collection and recycling to the following locations (" City Facilities") within the Franchise Area, at no charge to City or the entities listed; a) City Fire Stations,
b) City Police Stations, and
c) City Hall, City Buildings, Public Works Yard, and City Parks.
5) Grantee, at City' s sole option, shall collect a monthly fee, set by City Council, for the City' s Annual National Pollutant Discharge Elimination System permit.
6) Grantee, at City' s sole option, shall collect a monthly fee, set by City Council, for the City' s Household Hazardous Waste Program. 7) Grantee will mail notices and/ or newsletters from the City on a quarterly basis at no charge, provided the sizes of the notices/ newsletters are compatible with Grantee' s custom mailing envelope.
8) Grantee, at City' s sole option, shall provide refuse collection and recycling for the following Community Events, at no charge to City or entities listed:
a) Monthly Highland Improvement Team ( HIT) clean ups
within the Franchise Area;
b) Annual Run through Highland sponsored by the YMCA;
c) Highland portion ofthe annual Redlands Bicycle Classic; d) Annual Highland Citrus Harvest Festival; and
e) City sponsored or co -sponsored parades.
9) If the City determines that there are not sufficient local buy back centers available to the City, Grantee will, through written direction by the City Manager, establish and operate a Buy Back Center limited to collection of California Redemption Value items.

This center shall be in operation within six ( 6) months after receiving approval from the State of California, and shall be continuously operated for as long as the State of California 12 17
underwrites a value redemption program or the term of this agreement, whichever terminates first.
10) Grantee shall provide clean up services in Right -of -Way areas within the City as per Exhibit B.
11) Grantee shall provide E-Waste Collection at City Facilities.

1. Special Wastes. Grantee may, but is not required to, provide such collection, transportation, and disposal services for special wastes. Grantee may provide such services for special wastes if contracted to do so by customers under separate written contracts negotiated between Grantee and the customer generating such special wastes. A schedule of fees for these special waste services shall be approved by the City Manager.

J. Street sweeping. Grantee shall continue to provide all labor, materials, equipment and permits required to conduct public street sweeping services in accordance with accepted standards for municipal street cleaning. The term " curb" shall mean the paved area between the normal curb line of a roadway or the median face, whether an actual curb line exists or not. The term debris shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, rocks, leaves, and other materials. Failure to provide efficient and effective street sweeping services shall be considered a material breach of this Franchise Agreement.
1) Weekly Service. Grantee shall sweep and remove all debris from all commercial, industrial, and residential public streets including all curbs and medians, and future areas obtained through annexation. Commercial and industrial streets shall be swept in accordance with a schedule prepared by City. Residential streets shall be swept on the following day after the area' s designated refuse collection day.
2) Public Education. Through the public education program, residents shall be encouraged not to park on residential streets on the day scheduled for Solid Waste curbside and street sweeping services.

City may, at City' s sole discretion, implement no parking zones, with or without a violation system; on scheduled Solid Waste curbside and street sweeping days if the public education program is deemed ineffective and the mechanized refuse collection and street sweeping services are adversely affected.
3) Proper Cleaning. When necessary for proper cleaning, Grantee shall snake more than one pass on a street without extra charge.

Grantee shall immediately respond when notified by City Manager to re -sweep unsatisfactory areas at no charge. Grantee will not be 13 18
required to make more than one pass on a street when there are obstructions hindering the sweeping.
4) Hours. Sweeping residential streets is authorized between the hours of 6:00 A.M. and 6: 00 P.M., and commercial and indusirial streets shall be swept between the hours of 12: 01 A.M. and 6:00 A.M., Monday through Saturday. During a holiday week, the routes that are scheduled for Saturday collection are not to be swept that week but are to resume the normal sweeping schedule the following week. In the event of inclement weather, Grantee shall notify City Manager when Grantee is prevented from performing effective sweeping services due to inclement weather.

Sweeping services deferred due to inclement weather shall be completed the next regularly scheduled sweeping date, weather permitting.
5) Disposal. Grantee shall dispose of all debris collected by hauling the same to legally established disposal areas. Transfer points for storage of debris must be approved by the City Manager. Every effort shall be taken by Grantee to legally divert, as much as possible, the debris destined for the disposal at the landfill. Grantee shall make arrangements with the local water authority for use of fire hydrants to obtain water necessary for the operation. Neither debris disposal costs nor water costs shall be charged to City. All collection and disposal shall be in compliance with City' s National Pollutant Discharge Elimination System permit( s) 6) Additional Services. Street sweeping before and after two ( 2) City sponsored or co -sponsored events are to be provided at no additional cost. Any additional sweeping services requested by City that are above and beyond that which is described above shall be billed to the City at the cost of the Grantee plus a ten percent 10%) Administration fee per hour.
7) On Call Services. Grantee shall provide ten ( 10) on call response street sweeping events per year to the City, free of charge.

K. Non -Collection Notices. When any refuse or debris is deposited for collection is not collected by Grantee, Grantee shall have a non -collection notice securely attached to the customer' s containers or on the door to customer' s premises indicating the reasons for the refusal to collect refuse or debris.

L. No Commingling. Grantee shall not commingle, in the collection vehicles or otherwise, any refuse with any recyclables or green waste. Provided, however, Grantee shall not be deemed to have violated this section where such material were commingled prior to collection by Grantee.
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M. News Media Relations. Grantee shall notify the City Manager by telephone followed by facsimile of all requests for news media interviews related to the services within twenty-four (24) hours of Grantee' s receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or customer perception of services, Grantee will discuss Grantee' s proposed response with City.

N. Transformation.
1) Grantee acknowledges that AB 939 requires Solid Waste diversion from landfill disposal and that " transformation," provides for a maximum ten percent ( 10%) diversion credit towards meeting the fifty percent ( 50%) diversion goal.
2) To the extent possible, Grantee shall not process by means of transformation any recyclables or green waste materials targeted for collection through City' s recycling and green waste collection programs, nor shall Grantee ship, transport, deliver, or otherwise make available any such recyclables or green waste to any person for the purpose oftransformation, without the express prior written authorization of the City Manager. However, if residue from any processing facility is disposed through transformation, Grantee will provide City with the data to support diversion credit, if any. 3) Grantee will provide City with the data to support diversion credit from transformation.
4) If at any time during the term of this Agreement the California State. Legislature amends the percentage of credit that the City can obtain through transformation then Grantee shall make all reasonable efforts to obtain the new diversion percentage credit O. Staff Position. Grantee shall fund the cost of a Code Compliance Staff Position in the Public Services Division of the City in accordance with the City's salary schedule ( salary and benefits) for a Code Compliance Officer, to address solid waste program compliance, during the entire Term of this Agreement. Actual cost shall be billed by the City to the Grantee each quarter in arrears.

P. Tracking System. Within sixty ( 60) days of the effective date of this Agreement, Grantee shall provide a web based construction debris tracking system.

Q. Overflowing Bin Program. Within sixty (60) days of the effective date of this Agreement, Grantee shall present a proposal for an overflowing Bin Program.

R. Emergency Service Plan. Within sixty ( 60) days of the effective date of this Agreement, Grantee shall provide the City with an Emergency Service Plan. 15 20
S. New Customer Package. Grantee shall distribute a brochure to each Residential Customer that describes, at a minimum, the services available, billing and payment procedures and the City's Diversion Programs. Grantee shall submit to City for review and approval of the brochure not later than ( 120) days after the beginning of the Term.

SECTION 6. FRANCHISE FEES.

Grantee shall pay to City, a franchise fee equal to ten percent ( IQ%) based on Grantee' s annual Gross. Receipts each year, or portion thereof, during the entire Term of this Agreement, the " Franchise Fee"). Franchise Fee shall be paid to City quarterly, and payable by the end of the month following the end of each calendar quarter. Should any such due date fall on a weekend or holiday in which the City' s business offices are closed, payment shall be due on the first day thereafter in which the City' s business offices are open. The Franchise Fee due hereunder shall also apply to Gross Receipts of Grantee collected after the expiration of the Term hereof relating to Grantee' s performance during the Term hereof. Franchise Fees shall be accompanied by a statement certified by an officer of Grantee attesting to the accuracy of the amounts paid, and setting forth the basis for their calculation in a manner acceptable to City.

SECTION 7. CASH BOND: INSURANCE COVERAGE.

A. Cash Bond. Contemporaneously with the execution of this Franchise Agreement, the Grantee shall deposit a cash bond in the sum of one twelfth of the estimated annual franchise fee, adjusted annually, in an interest bearing account for the benefit of the Grantor. The cash bond shall be on terms acceptable to the City Attorney. The cash bond shall serve as security for the faithful performance by Grantee of all provisions and obligations of this Franchise Agreement. 1) After thirty ( 30) days following Grantee' s failure to pay the City an amount owing under this Franchise Agreement, the cash bond maybe assessed by the City upon five (5) days prior written notice to the Grantee for purposes including, but not limited to:
a) Failure of Grantee to pay the City sums due under the terms of the Franchise Agreement.
b) Reimbursement of costs borne by the City to correct
Franchise Agreement violations not corrected by Grantee, after due notice.
c) Monetary remedies or damages assessed against Grantee due to breach ofthe Franchise Agreement.
2) The Grantee shall deposit a sum of money sufficient to restore the cash bond to the original amount within thirty ( 30) days after notice from the City that any amount has been withdrawn from the cash bond.
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B. Insurance Coverage. Contemporaneously with execution of this Franchise Agreement, the Grantee shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Franchise Agreement.

C. City Business License. The Grantee shall annually obtain a City Business License to operate in the City, and Grantee shall pay to City the business license fee as established by the City Council.

SECTION S. TERM AND EXTENSIONS.

This Franchise Agreement shall continue for a period of twenty ( 20) years from the effective date hereof. Beginning in year ten ( 10) of this Franchise Agreement commencing on August 1, 2028 and annually thereafter, the term of this Agreement shall be extended for an additional one year, unless within thirty ( 30) days prior thereto either the City or the Grantee gives written notice of non -renewal to the other party. In the event such a notice is given at any such anniversary date, there shall be ten ( 10) years remaining on the term of this Agreement and such ten ( 10) year period may not be reduced for any reason except termination for default.

SECTION 9. FRANCHISE TRANSFERRABLE: CITY CONSENT REQUIRED.

A. The franchise granted by this Franchise Agreement shall not be transferred, sold, hypothecated, sublet, or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City expressed by Resolution. Transfer or assignment of this franchise in whole or in part, without the consent of City shall void this franchise agreement.

B. If the Grantee transfers the franchise prior to obtaining City consent, all of the profits or twenty- five percent ( 25%) ofthe Gross Operator Receipts, from the date of transfer until the date of City consent, whichever is greater, shall be returned to the City and the City shall have the absolute right to terminate the Franchise Agreement without notice.

C. The City shall not unreasonably withhold its consent to a transfer ofthe franchise granted by this Franchise Agreement. The City may impose conditions of approval on a Franchise Agreement transfer, including, but not limited to conditions requiring acceptance of amendments to Municipal Code Chapter 8. 12 and this Franchise Agreement, and the payment of a transfer fee to the City.

D. City consent is also required for any change in control of Grantee. " Change in control" shall mean any sale, transfer, or acquisition of Grantee. Grantee is a corporation, and any acquisition of more than twenty- five percent ( 25%) of Grantee' s voting stock by a person, or group of persons acting in concert, who already owns less than 50% of the voting stock, shall be deemed a change in control.
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E. Any change in control, as defined in D, above, of the Grantee occurring without prior City approval shall constitute a material breach of this Franchise Agreement.

SECTION 10. FRANCHISE TRANSFER: FEES
A. Any application for a franchise transfer or approval of a change in control of Grantee shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Grantee shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty ( 30) days of receipt.

B. These franchise transfer fees are over and above any franchise fees specified in this Franchise Agreement.

SECTION 11. IMPOSITION OF DAMAGES OR TERMINATION
A. If the City Manager determines that the Grantee' s performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the provisions of this Franchise Agreement, the requirements of Highland Municipal Code Chapter 8. 12 the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling ( as to the waste stream subject to this Franchise Agreement) or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, the City Manager may advise Grantee in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Grantee of such written notice. The City Manager shall review the Grantee' s response and refer the matter to the City Council or decide the matter and notify the Grantee of that decision, in writing. A decision or order of the City Manager shall be final and binding on Grantee if the Grantee fails to file a Notice of Appeal" with the City Manager within thirty (30) days of receipt of the City Manager' s decision. Within ten ( 10) working days of receipt of a Notice of Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 12 C- D, below, or refer the matter to a hearing office as provided in Section 12, below.

B. The City Council, in such case, may set the matter for hearing. The City Council shall give Grantee, and any other person requesting the same, fourteen ( 14) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, In
23 and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard.

C. Based on the evidence presented at the public hearing, the Council shall determine by Resolution whether the Franchise Agreement should be terminated or liquidated damages imposed. If based upon the record, the City Council determines that the performance of Grantee is in breach of any material term of this Franchise Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the city Council, in the exercise of its sole discretion, may terminate forthwith, the Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative hearing pursuant to Section 12, below. Grantee' s performance under its franchise is not excused during the period of time prior to the City Council' s final determination as to whether such performance is deficient.

D. This right of termination or to impose liquidated damages is in addition to any other rights of City upon a failure of Grantee to perform its obligations under this Franchise Agreement.

E. The City further reserves the right to terminate Grantee' s franchise or impose liquidated damages in the event of any ofthe following:
1) If the Grantee practices, or attempts to practice, any fraud or deceit upon the City.
2) If the Grantee becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Grantee in a bankruptcy proceeding.
3) If the Grantee fails to provide or maintain in full force and effect, the worker' s compensation, liability, indemnification coverage, or cash bond as required by the Franchise Agreement.
4) If the Grantee willfully violates any orders or ruling of any regulatory body having jurisdiction over the Grantee relative to this Franchise Agreement, provided that the Grantee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the franchise shall be deemed to have occurred.
5) If the Grantee ceases to provide collection services as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven ( 7) days or more, for any reason within the control ofthe Grantee.
6) If the Grantee willfully fails to make any payments required under the Franchise Agreement and/ or refuses to provide City with 19 24
required information, reports, and/ or test results in a timely manner as provided in the Franchise Agreement.
7) Any other act or omission by the Grantee which materially violates the terms, conditions, or requirements of this franchise, Municipal Code Chapter 8. 12, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if the Grantee cannot reasonably correct or remedy the breach within the time set forth in such notice, if the Grantee should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.

F. Liquidated Damages.
1) The City fords, and the Grantee agrees, that as of the time of the execution of this Franchise Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which shall be incurred by the City as a result of a material breach by Grantee of its obligations under this Franchise Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: ( i) substantial damage results to members of the public who are denied services or denied quality or reliable service; ( ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; ( iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and ( iv) the termination of this Franchise Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.
2) Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Seven Hundred and Fifty Dollars ($754,00) per day, for each calendar day that service is not provided by Grantee in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year' s consumer price index for the San Bernardino Riverside area on March 1 and effective July 1 of each year. In addition, the Council may order the assessment against the W
25 cash bond required by Section 7A, above, the termination of the Franchise Agreement, or both.
3) The City finds, and the Grantee acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all the circumstances. Said liquidated damages sums shall be applicable to each business day of delay during which Grantee has been found by the City Council to be in material default pursuant to this Section. The Grantee shall pay any liquidated damages assessed by the City Council within ten ( 10) days after they are assessed. If they are not paid within the ten ( 10) day period, the City may withdraw them from the security fund established by the cash bond required by Section 7A, above, order the termination of the franchise granted by this Franchise Agreement, or both.

G. Cooperation During Transition. In the event Grantee' s early termination of this Franchise Agreement, Grantee shall cooperate fully with City and any subsequent grantee( s) to assure a smooth transition of services described in this agreement, including transfer ofrecords ( including but not limited to computer data, files, and tapes); complete routing information, route maps, vehicle fleet information, and customers billing lists; providing other reports and data required by this agreement; and coordinating with City and any subsequent grantee( s) with respect to exchanging containers. With respect to the exchange of container, if the Grantee provided containers, Grantee shall not remove a container from any customer' s premises until the earlier of: 1) the date replacement containers are provided to the customer, or 2) three ( 3) months after the termination of this agreement. Such obligations of Grantee shall survive the termination of this agreement.

SECTION 12. ADMINISTRATIVE HEARING PROCEDURES.

A. Should Grantee contend that the City is in breach of this Franchise Agreement, it shall file a written request with the City Manager for an administrative hearing on the allegation, within fourteen ( 14) days of the alleged breach or of Grantee' s notice thereof.

B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the Grantee should allege a breach of the franchise by the City, city and Grantee shall mutually agree on a hearing officer. If agreement is not reached within twenty (20) working days of the filing ofthe notice of appeal, then Grantee shall select the hearing officer from a list of three potential hearing officers who are retired California Superior Court ,judges or Appellate Court justices, none of whom are related to the parties, prepared by the City Manager and approved by the City Council.
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C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sett. The exclusive venue shall be in San Bernardino County, California. A hearing officer to whom a matter is referred shall have the authority to 1) order the City or the Grantee to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; 2) assess damages and/or levy a penalty upon the Grantee consistent with the terms of this' Franchise Agreement; or 3) find there has been no breach. If the hearing officer finds there has been no breach, such a decision precludes the City from conducting a default hearing. For any occurrence or series ofrelated occurrences, the penalty may be up to Five Thousand Dollars ($ 5, 000.00). The amount of the penalty shall be reasonably related to the seriousness of the breach of the Franchise Agreement, and may be levied in addition to damages.

D. The party losing the hearing shall be liable for the hearing officer' s fees.

E. Any failure of the Grantee to comply with the hearing officer' s order shall be deemed a material breach of the Franchise Agreement, and may be grounds for termination ofthe Franchise Agreement.

F. The bearing officer shall commence the hearing within thirty ( 30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or ifagreement is not reached within twenty (20) days ofthat document request, then by disposition by order ofthe hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283. 05 shall apply.

G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party.

This provision shall not apply to communications made to schedule a hearing or request a continuance.

H. Until final decision is entered from the bearing officer proceeding under the foregoing provisions and the time for appeal or other postjudgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification or if the interest ofjustice so require.
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I. Any party to a hearing may petition the Superior Court in San Bernardino County, California to confirm, correct, or vacate the award on the grounds stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures § 1294 and § 1294.2.

SECTION 13. CITY'S ADDITIONAL REMEDIES.

In addition to the remedies set forth in Section 11 and 12, above, City shall have the following rights and remedies:

A. To rent or lease equipment from Grantee at its fair and reasonable rental value for the purpose of collecting, transporting, recycling, composting, and disposing of Solid Waste and construction debris and providing temporary Bin/Rolloff Box services which Grantee is obligated to collect, transport, recycle, compost, and dispose ofSolid Waste and construction debris and provide temporary Bin/Rolloff Box services pursuant to this Franchise Agreement, for a period not to exceed six 6) months, In the case of equipment not owned by Grantee, Grantee shall assign to City, to the extend Grantee is permitted to do so under the instruments pursuant to which Grantee possesses such equipment, the right to possess the equipment. if City exercises its rights under this Section, City shall pay to Grantee the reasonable rental value of the equipment so taken for the period of City' s possession thereof;
B. The right to license others to perform the services otherwise to be performed by Grantee hereunder, or to perform such services itself, and C. The right to obtain damages and/ or injunctive relief Both parties recognize and agree that in the event of a breach -under the terms ofthis Franchise Agreement by Grantee, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof
SECTION 14. RIGHTS OF CITY TO PERFORM DURING EMERGENCY.

A. Should Grantee, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 26A, " Force Majeure," below, refuse or be unable to collect, transport, recycle, compost, and dispose of Solid Waste and construction debris and provide temporary Bin/Rolloff Box services any or all of the refuse, compostables, and recyclables which it is obligated under this Franchise Agreement for a period of more than seventy-two (72) hours, and if as a result thereof, debris, refuse, compostables, recyclables, and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Grantee, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Grantee previously used in the collection, transportation, 23 28
recycling, composting, and disposal of Solid Waste and construction debris and provide temporary Bin/Rolloff Box services under this Franchise Agreement, and to use such equipment and facilities to collect, recycle, compost, and transport any or all debris, refuse, compostables, recyclables, and construction debris and provide temporary Bin/ Rolloff Box services which Grantee would otherwise be obligated to collect, recycle, compost, transport, and dispose of Solid Waste and construction debris and provide temporary Bin/ Rolloff Box services pursuant to this Franchise Agreement. Grantee agrees that in such event it shall fully cooperate with City to affect such a transfer of possession for City' s use.

B. Grantee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Grantee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use -of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Grantee upon receipt of written notice from Grantee to the effect that is able to resume its normal responsibilities under this Franchise Agreement.

SECTION 15. PRIVACY.

A. Grantee shall strictly observe and protect the rights of privacy of customers.

Information identifying individual customers or the composition or contents of a customer' s waste stream shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939.

B. Grantee shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers.

C. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to Federal or State law.

SECTION 16. REPORTS AND ADVERSE INFORMATION.

A. Annual Reports. The City shall require that within sixty (60) days after the close of Grantee' s fiscal year, the Grantee shall submit a written annual report, in an auditable form approved by the City, including, but not limited to, the following information:
i) A summary of the previous year' s ( or, in the case of the initial report year, the initial year' s) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service;
M
29 2) A report, in a form satisfactory to the City, on the City' s progress in meeting, and maintaining its ability to meet its goals, under AB 939, along with any recommended changes.
3) A revenue statement, setting forth quarterly Franchise Fees and the basis for the calculation thereof, certified by an officer of the Grantee;
4) A revenue statement setting forth quarterly revenue received from the sale ofrecyclables collected pursuant to this Agreement. 5) A list of Grantee' s officers and members of its board of directors. 6) A list of stockholders or other equity investors holding five percent 5%) or more the voting interest in the Grantee and any
subsidiaries unless Grantee is a public corporation whose annual reports are publicly available.

B. AB 939 Reporting. Grantee shall be responsible for the preparation of all reports required under AB 939. This shall include development of all data and reports required by the Integrated Waste Management Board. Reports will be prepared and delivered to the City in a form acceptable to the City.

C. Adverse Information. Grantee shall provide City two copies of all reports, or other material adversely affecting the Franchise Agreement, submitted by Grantee to the EPA, the California Integrated Waste Management Board, or any other Federal or State agency. Copies shall be submitted to City simultaneously with Grantee' s filing of such matters with said agencies. Grantee' s routine correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request, as provided in Section 24, below.
1) The Grantee shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating specifically to Grantee' s performance of services pursuant to this Franchise Agreement. Any confidential data exempt from public disclosure by State or Federal law shall be retained in confidence by the City and its authorized agents and City shall make every reasonable effort to ensure that it is not made available for public inspection, except that City shall not incur liability for its inadvertent disclosure of such information.
2) Grantee shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require.
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3) All reports and records required under this or any other section shall be furnished at the sole expense of the Grantee.
4) A copy of each of Grantee' s annual and other periodic public financial reports and those of its parent, subsidiary, and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty ( 30) days after receipt of a request.

D. Street Sweeping Reports and Records. Grantee shall periodically prepare and
submit to the City such reports concerning Grantee's performance of street sweeping services required by this Agreement as the City Manager shall require. Grantee shall keep such books and records as shall be necessary to perform the street sweeping services required by this Agreement and enable the City to comply with City' s National Pollutant Discharge Elimination System permit( s). The City Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, and make records and transcripts from such records.

E. Failure to Report The refusal, failure, or neglect of the Grantee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the grantee in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Grantee to all remedies, legal or equitable,. which are available to, the City under the Franchise Agreement or otherwise.

SECTION 17. ANNUAL REVIEW OF PERFORMANCE, QUALITY OF SERVICE, AND SYSTEM AND SERVICE REVIEW.

A. At City' s sole option, within ninety ( 90) calendar days of the first anniversary of the effective date of this Franchise Agreement, and each year thereafter throughout the term of the Franchise Agreement, City may hold a public hearing at which the Grantee shall be present and shall participate, to review the Grantee' s performance and quality of service. The reports required by this Franchise Agreement regarding customer complaints shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.

B. Within thirty ( 30) calendar days after the conclusion of the public hearing, City may issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with the franchise is found, City may direct Grantee to correct the inadequacies in accordance with Sections 11 and 12, above.

C. At City' s sole option, City may hold a public hearing, at which the Grantee shall be present and shall participate, to review the refuse collection and recycling system and services.
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D. Annually, and at any time after receiving notice from the City, the Grantee shall, within sixty (60) calendar days, submit a report to City indicting the following:
1} All refuse collection, composting, and recycling services reported in refuse collection, and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to City, and 2) Changes recommended to improve the City' s ability to meet the goals of AB 939 and any subsequent Legislation.
3) Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the Franchise Area.
4) A report on the value or recyclables, the revenue obtained through the sale of recyclables, and the expense of collecting and transporting the recyclables.

E. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, new initiatives for meeting or exceeding AB 939 goals and regulatory constraints.

F. City and the Grantee may each select additional topics for discussion at any systems and services review hearing.

G. Not later than sixty ( 60) days after the conclusion of each system and service review hearing, City shall issue a report. The report shall include a listing of any refuse collection, and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Grantee to provide such services within a reasonable time, for reasonable rates and compensation.

SECTION 18. CONTENSATION
A. Grantee Rates. Grantee shall provide the services described in this Franchise Agreement in accordance with the rates fined by City from time to time, all as described as set forth in the Exhibit "A", "Schedule of Rates", as those rates may be amended by resolution of City Council.

B. Modification and Adjustment of Rates. Except as provided in Exhibit " A", the rates set forth on Exhibit " A" shall remain in effect until adjusted by City by a Resolution of the City Council.
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C. Basis for Adjustment of Rates and Fees. Based on a finding that revenues from sales of recyclables have been increased or decreased, upon sixty ( 60) days' notice to Grantee of the proposed change in rates, City Council may adopt a resolution adjusting rates proportionate to the increased or decreased cost or sales ofrecyclables.

D. Notice of Rate Increases. The Grantee shall provide the City and customers, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase.

E. Resolution of DiM tes Regarding Rate Adjustments. Any dispute regarding the Annual Rate Adjustment and Landfill Tipping Fee adjustment, or the computation thereof, described in Exhibit " A", or any other dispute regarding Grantee' s reimbursement for fees, special services, or extraordinary costs described in Exhibit " A", shall be decided by the City Manager, or referred by the City Manager to the City Council, or to a hearing officer as provided in Section 12 above. The rates in effect at the time such dispute is submitted to the City Manager, City Council, or a hearing officer shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be determined by the City Manager, City Council, or the hearing officer, as appropriate.

F. Billing and Payment.
1) Residential Customers. The City shall conduct proceedings as required by law to place the Solid Waste Services charge for Residential Premises on the property tax rolls beginning the fiscal year 2018- 2019 and continuing thereafter. Any administrative fee or charge on the property tax rolls incurred due to the placement of the Solid Waste Services charge shall not be billed to or borne by any residential customer. Payment shall be made by City to Grantee within thirty (30) days after the City's receipt ofrevenue from the tax rolls for Solid Waste Services from the County Tax Collector. If, for any reason, billing for a Customer at a Residential Premises is not placed on the tax rolls as contemplated by the parties herein, such Customer shall be billed for services by Grantee in the same manner as other Customers, as set forth herein below. The maximum rate Grantee may charge Customers at a Residential Premises that are billed " directly" rather than through the tax rolls shall be as indicated on the attached Exhibit A.
2) Commercial, Industrial, Construction, and Multi -Family Residential Customers. In connection with any Customer not billed on the County tax rolls for services provided hereunder, Grantee shall provide itemized bills for Solid Waste Handling Services, distinctly showing charges for all classifications of services, including charges W
33 for late payments. Billings shall be made monthly for Commercial and Multi -Family Customers. Customers may be billed in advance of, or subsequent to services being provided at the option of Grantee.

G. Payment Drop- off Locations. Until such time as the Solid Waste Services charges are placed on the property tax rolls, Grantee shall provide its Residential customers a payment drop box at City Hall, at no additional cost, to the City or customers within the City limits.

H. Delinquent Accounts. All accounts and billings shall indicate that notice has been given to the current and responsible property owner of record of the account and that any unpaid or delinquent bills may become a lien against the property.

Grantee shall be responsible for payment to City of all franchise fees deemed uncollectible because of Grantee' s failure to properly notify the property owner.

I. Refunds. Grantee shall refund to. each customer, on a pro rata basis, any advance service payments made by such customer for service not provided when service is properly terminated by the customer.

SECTION 19. COLLECTION EQUIPMENT.

A. Grantee shall provide an adequate number of vehicles and equipment for the collection, transportation, recycling, and disposal of Solid Waste for which it is responsible under this Franchise Agreement. The equipment of Grantee used under this Franchise Agreement shall be subject to inspection by City on a semiannual basis but shall not be subject to any permit fees therefor. Said inspection shall be conducted by the City of Highland Police Department or other agency as approved by the City Manager.
1) All vehicles used by Grantee under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair and shall be uniformly painted. A sufficient supply of parts must be kept on hand to ensure timely and continuous fulfillment of this Franchise Agreement.
2) All Carts, Bins and Rolloff Boxes provided shall be kept in a reasonable condition and appearance, and graffiti shall be removed within forty-eight ( 48) hours ofnotification.
3) Grantee has agreed to name the specific organization that shall provide all ofthe services under this Franchise Agreement, Burrtec Waste Industries, Inc. This name shall be used for all
correspondence, billing statements, directory listings, references, signs, vehicle identification, public education material, etc. 4) Solid Waste collection vehicles shall be washed at least once every seven ( 7) calendar days.
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5) Burrtec Waste Industries, Inc., a local or toll free telephone number, and vehicle number shall be visibly displayed on all vehicles in letters and figures no less than five inches (5") high. All refuse collection vehicles shall display the words " Serving the City of Highland" in letters no less than five inches ( 5") high. 6) Grantee shall design, with the aid of the City, and produce interchangeable signs containing messages designed to alert the public to special Solid Waste diversion programs in English and Spanish. Grantee shall install such City -approved signage on collection vehicles no later than six ( 6) months after the effective date of this Agreement. New signage must be introduced annually. 7) Accident, Vehicle Fire, and Spill Containment Plan. All vehicles used by Grantee under this Franchise Agreement shall be equipped with emergency equipment applicable to suppress a vehicle fire, and the containment of hydraulic and motor oil spills. An Accident, Vehicle Fire, and Spill Containment Plan shall be established by the Grantee and presented to the City for approval.

Grantee shall be responsible for training all drivers used under this Franchise Agreement on the proper emergency procedures outlined in said plan.
8) Service Assets. Grantee shall finance, procure, repair, and maintain, at its own cost and expense and without any
compensation in excess of its service fee, service assets in sufficient number, design and capacity to enable Grantee to perform services without interruption in accordance with the terms of this Franchise Agreement.

SECTION 20. PUBLIC ACCESS TO GRANTEE.

A. Office Hours. Grantee' s office hours shall be, at a minimum, from 8: 00 a.m. to 5: 00 p.m., on all collection days. A representative of Grantee shall be available during office hours for communication with the public at Grantee' s principal office. In the event that normal business problems cannot be rectified over the telephone, a representative of Grantee shall agree to meet with the public at a location agreeable to Grantee and the public. Normal office hours telephone numbers shall either be a local or toll free call. Grantee shall also maintain a local or toil free after hours telephone number for answering service available at said after- hours telephone number during all hours other than normal office hours.

Grantee shall provide City with a current emergency telephone number of Grantee' s key personnel for use by City personnel during other than normal office or telephone hours. City shall maintain the confidentiality of said telephone numbers.
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B. Service Complaints.
1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by telephone, or in person including date, name address of complainant, and nature of complaint). Grantee agrees to use its best efforts to resolve all complaints by close of business of the second business ( waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager. Unless a settlement satisfactory to complainant, the Grantee, and the City Manager is reached, the complainant may refer the matter to the City Council for review.
2) Grantee shall maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Grantee to resolve the complaint. All such records shall be maintained and shall be available for inspection by City, as described in Section

24. Grantee shall prepare monthly summaries of consumer complaints. The summaries shall be available and delivered monthly to the City Manager.

C. Government Liaison Person. The Grantee shall designate a " government liaison person" who shall be responsible for working with the City Manager to resolve customer complaints.

D. Quality of Life Task Force. The Grantee shall designate a representative who shall participate in the City' s Quality of Life Task Force.

SECTION` 21. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS.

A. The Grantee shall notify customers of this complaint resolution procedure at the time customers apply for or are provided service.

B. A customer dissatisfied with Grantee' s decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City review within 34 days of receipt of Grantee' s response to the Complaint, or within 45 days of submitting the complaint to the Grantee, if the Grantee has failed to respond to the complaint. The City may extend the time to request its review for good cause.

C. Before reviewing the complaint, the City Manager shall refer it to the Grantee. If the Grantee fails to cure the complaint within ten ( 10) days, the City Manager shall review the customer' s complaint and determine if further action is warranted. The City Manager may request written statements from the Grantee and customer, and/ or oral presentations.
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D. The City Manager shall determine ifthe customer' s complaint is unresolved, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of customer charges related to the period ofbreach.

E. The City Manager may delegate these duties to a designee. The decision of the City Manager or his designee shall be final on any matter under Five Thousand Dollars ($ 5, 000. 00). In the event of a decision on a matter awarding five thousand dollars ($ 5, 000) or more, Grantee may seek review pursuant to Section 12, above.

SECTION 22. OWNERSHIP OF SOLID WASTE.

Once refuse, compostables, recyclables, and construction debris are placed in Bins/RolloffBoxes for collection, or containers at curbside, ownership shall transfer directly to Grantee, subject to the terms of this Franchise Agreement, by operation of law. Subject to Grantee' s duty to meet the source reduction and recycling goals which apply to City, Grantee is hereby granted the right to retain, recycle, compost, dispose of, and otherwise use such refuse, compostables, recyclables, street and construction debris, or any part thereof, in any lawful fashion or for any lawful purpose desired by Grantee. Subject to the provisions ofthis Franchise Agreement, Grantee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse, compostables, recyclables, and street and construction debris which it collects. Refuse, compostables, recyclables, street and construction debris, or any part thereof, which is disposed of at a disposal site or sites (whether landfill, transformation facility, transfer station, or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Grantee. At no time does City obtain any right of ownership or possession of Solid Waste placed for collection, and nothing in this Franchise Agreement shall be construed as giving rise to any inference that City has any such rights.

Grantee shall conduct an annual rate audit and recommend, if necessary, a rate adjustment, including a reduction in rates to reflect an increase in the value of recyclables.

SECTION 23. INDEMNIFICATION AND INSURANCE.

A. Indemnification of City. Grantee agrees that it shall protect, defend with counsel approved by City, indemnify, and hold harmless City, its officers, employees, and agents and at no cost to City, from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, or judgments, including attorney' s fees, arising out of or resulting in any way from Grantee' s exercise of this franchise, unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agencies, or contractors, or from the City' s grant of this franchise to Grantee. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, the Grantee shall appear in and defend the City and its officers, employees, and agents in any claims or actions, whether judicial, administrative, or otherwise arising out of the exercise of the Franchise Agreement. This provision is in addition to all other provisions of this Agreement and is intended to survive the end of the term of this Agreement. Grantee further agrees that it shall promptly compensate City for all damage to city property from the activities permitted under this Franchise Agreement. Grantee further agrees that it will indemnify and defend City with 37 counsel of City' s choice, its officers, employees, and agents and at no cost to City, from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, or judgments, including attorney' s fees, in any challenge to either the award of this contract, or to the City' s decision to place Solid Waste Service Charges on the tax rolls.

B. Indemnification of Grantee. The City shall indemnify, defend and hold the - Grantee, its affiliates and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, judgements, costs, and expenses ( including reasonable attorneys' fee) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents, or contractors. Subject to the scope of this indemnification and upon demand of the Grantee, made by and through its Attorney, the City shall appear in and defend the Grantee and its officers, employees, and agents in any claims or actions, whether Judicial, administration, or otherwise arising out of the exercise of the Franchise Agreement.

C. Household Hazardous Substances Indemnification. To the full extent permitted by law, Grantee shall indemnify, defend with counsel approved by City, protect and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City' s interest from and against all claims, actual damages including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses ( including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents, or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan regardless of whether undertaken due to governmental action) concerning any household hazardous substance or household hazardous wastes at any place where Grantee stores or disposes of municipal Solid Waste or construction and street debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107( e) of the Comprehensive Environmental Response, Compensation and Liability Act, " CERCLA", 42 U.S. C. Section 9607( e) and California Health and Safety Code Section 25364, among other laws, to insure, protect, hold harmless, and indemnify City from liability. This provision is in addition to all other provisions of this Agreement and is intended to survive the end of the term of this Agreement.

D. AB 939 Indemnification. City agrees in good faith, subject to the request of Grantee, to take those actions necessary to adopt the regulations and/ or measures necessary to provide for customer compliance with AB 93 9 to the maximum extent permitted by law. Grantee agrees to protect, defend, with counsel approved 33 38
by City, and indemnify City against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream covered by this Franchise Agreement, or Grantee' s delays in providing information to prevent City from submitting reports required by AB 939 in a timely manner. Grantee further agrees at no cost to City, to appear and represent the City in any appeals proceedings and/ or litigation brought against City for alleged failure to comply with AB 939. One year prior to each compliance reporting date ( or at any time prior to the reporting date within that one year period) pursuant to AB 939, if in the opinion of the City, based upon information provided by the Grantee and the State of California, the City is not reasonably convinced that the Grantee will attain compliance, the City may require Grantee to provide a performance bond in the amount of FIVE HUNDRED THOUSAND DOLLARS ($ 500, 000. 00) until such time as compliance is attained.

E. Workers' Compensation Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents, or Grantees for losses which arise from work performed by the persons insured for the City.

F. Public Liability Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Comprehensive General Liability ( occurrence) policy with a minimum limit of FOUR MILLION DOLLARS ($ 4,000, 000. 00) aggregate and ONE MILLION DOLLARS ($ 1, 000, 000. 00) per occurrence for bodily injury and property damage, with any self -insured retention not exceeding $ 200, 000. 00 per occurrence. Said insurance shall protect Grantee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Franchise Agreement, whether such operations be by Grantee itself, or by its agents, employees, and/ or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section:
1) " The City, its employees, agents, Grantees, and officers, are hereby added as insureds as respects liability arising out of activities performed by or on behalf of Grantee.,'
34 39
2) " This policy shall be -considered primary insurance as respects any other valid and collectible insurance the city may possess including any self -insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it."
3) " This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of liability ofthe insuring company." 4) " Thirty ( 30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits, or non - renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City' s own liability insurance policy. The City shall be included as a named insured on all policies and endorsements.

G. Modification. The insurance requirements provided herein may be modified or waived in writings by the City Council upon the request of Grantee, or in the sole discretion of the City, provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including the fact that the parent of Grantee may be self -insured up to a certain acceptable amount.

SECTION 24. COMPLIANCE WITH ADOPTED WASTE DISPOSAL AGREEMENT A. The terms of the Waste Disposal Agreement entered into on July 10, 2001 by the City with the County of San Bernardino shall be incorporated herein in fiill as a part of this Franchise Agreement, grantee shall comply with all obligations imposed on the City' s waste hauler by the Waste Disposal Agreement. Grantee shall have the right to review and comment on any successive proposed Waste Disposal Agreement contemplated by the City with any other agency or landfill prior to its adoption by the City. However, upon acceptance by the City of any waste Disposal Agreement and/or Waste Disposal Covenant, and upon receipt of final executed copy of such Agreement and/or Covenant, the terms of which shall be incorporated herein in full as a part of this Franchise Agreement, grantee shall comply with all obligations imposed on the City' s waste hauler by the Waste Disposal Agreement or Waste Disposal Covenant.

B. In the event that any new Waste Disposal Agreement would result in increased costs to Grantee in the performance of Grantee' s obligations hereunder, Grantee shall be entitled to a modification of the rates charged hereunder which will compensate Grantee for such increases in costs. Grantee shall be entitled only to 35 40
such modifications as will offset the actual cost increases incurred by Grantee as a result of the new Waste Disposal Agreement or Waste Disposal Covenant.

C. Noncompliance by the Grantee with the requirements of any such waste Disposal Agreement or Waste Disposal Covenant shall result in suspension, revocation and/or termination of Grantee' s collection of rights and privileges and/or imposition of fines or collection of damages, and the exercise of injunctive relief for noncompliance by Grantee with the requirements of the Waste Disposal Agreement, subject to the provisions of Section 11 herein.

D. Grantee further agrees to and shall indemnify and hold harmless the City for Grantee' s failure to comply with the terms of any such Waste Disposal Agreement and/ or Waste Disposal Covenant in accordance with Section 24 herein.

SECTION 25. GRANTEE' S BOOKS AND RECORDS: AUDITS.

A. Grantee shall maintain in auditable form all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts receivable records, maps, AB 939 compliance records, and customer complaints, for the full term of this Franchise Agreement, and an additional period of not less than three ( 3) years, or any longer period required by law or by the City. The City shall have the right, upon five ( 5) business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the Grantee which reasonably relate to Grantee' s compliance with the provisions of the Franchise Agreement. Such records shall be made available to City at Grantee' s regular place of business, but in no event outside the County of San Bernardino.

B. Should any examination or audit of Grantee' s records reveal an underpayment of any fee required under this Franchise Agreement, the amount of such underpayment shall become due and payable to City (with interest) not later than fifteen ( 15) days after written notice of such underpayment is sent to Grantee by City. Should any underpayment of more than three percent ( 3%) be discovered, Grantee shall bear the entire cost ofthe audit.

SECTION 26. GENERAL PROVISIONS.

A. Force Majeure. Grantee shall not be in default under this Franchise Agreement in the event that the temporary Bin/Rolloff Box services and the collection, transportation, recycling, composting, and disposal of Solid Waste and street and construction debris provided by the Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, strikes, lockouts, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Grantee.

Other catastrophic events do not include the financial inability of the Grantee to 36 41
perform or failure of the Grantee to obtain any necessary permits or -licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee. In the event a labor disturbance interrupts temporary Bin/Rolloff Box services and the collection, transportation, recycling, composting, and disposal of Solid Waste and street and construction debris by Grantee as required under this Franchise Agreement, City may elect to exercise its rights under Section 14 of this Agreement.

B. Independent Contractor. Grantee is an independent contractor and not an officer, agent, servant, or employee of City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, Grantees, and subgrantees, if any.

Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, employees, agents, or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees.

C. Pavement Damage. Grantee shall be responsible for any damage, due to Grantee' s negligence, to City' s driving surfaces or other City property, whether or not paved, resulting from the weight and/or mechanical condition of the vehicles providing services under this Agreement.

D. property Damane. Any physical damage to public or private property, or other City property caused by the negligent or willful acts or omissions of Grantee, its employees, agents, or subgrantees shall be repaired or replaced by Grantee.

E. Right of Entry. Grantee shall have the right, until receipt of written notice revoking permission to pass is delivered to Grantee, to enter or drive on any public or private street, court, place, easement, or other private property necessary for the purpose of providing temporary Bin/Rolloff Box services and the collection, transportation, recycling, composting, and disposal of Solid Waste and construction and street debris pursuant to this Franchise Agreement.

F. Law to Govern: Venue. The- law of the State of California shall govern. this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts 'shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.

G. Fees and Gratuities. Grantee shall not, nor may it permit any agent, employee, or subgrantee employed by it to, request, solicit, or demand, either directly or indirectly, any compensation or gratuity for street sweeping and temporary Bin/ Rolloff Box services and the collection, transportation, recycling, composting, and disposal of Solid Waste and construction and street debris except as otherwise required under this Franchise Agreement.
37 42
H. Prior Agreement and Amendment. This Franchise Agreement is intended to carry out City' s obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, (" AB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board (" Regulations"), as they from time to time may be amended.

In the event that AB 939 or other State or Federal laws or regulations enacted after this Franchise has been enacted, prevent or preclude compliance with one or more provisions of this Franchise Agreement, such provisions of the Franchise shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. Except as otherwise provided herein, no other amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. Any modification or amendment maybe subject to rate modifications as provided by Section 18.

I. Compliance with Franchise Agreement. Grantee shall comply with those provisions of the San Bernardino County Code as adopted by the City of Highland, as well as any ordinances, resolutions or regulations enacted by the City of Highland which are applicable and with any and all amendments to such applicable provisions during the term ofthis Franchise Agreement.

J. Notices. All notices required or permitted to be given under this franchise shall be in writing and shall be personally delivered or sent by telecopier ( fax), or United States certified mail, postage prepaid, return receipt requested, and addressed as follows:

To City: Joseph A. Hughes, City Manager

CITY OF HIGHLAND
27215 Base Line
Highland, CA 92346
Facsimile ( 909) 862- 3180
Copy To: Craig Steele, City Attorney

RICHARDS, WATSON & GERSHON
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071- 3101
Facsimile (213) 626- 0078
To Grantee: Michael Arreguin, Vice President
BURRTEC WASTE INDUSTRIES, INC.
9890 Cherry Avenue
Fontana, CA 92335
Facsimile ( 909) 429- 4290
or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail.
im
43 K. Savings Clause and Entirety. If any non -material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Franchise Agreement. If any material provision of this Franchise Agreement shall be held to be invalid or unenforceable, the entire Franchise Agreement may be declared by either party to be terminated and void subject to those rights which may have existed prior to the date of this Agreement.
1) If any clause, sentence, provision, subsection, Section hereof or Exhibit hereto shall be ruled invalid by any court of competent jurisdiction, then the City and Grantee shall:
a) promptly meet and negotiate in good faith a substitute for such provision which shall, to the greatest extent legally permissible, effect the intent of the City and Grantee
therein;
b) if necessary or desirable to accomplish preceding item ( a) above, apply to the court having declared such invalidity for a judicial construction of the substituted portion of this agreement; and
c) negotiate such changes in, substitutions or additions to the remaining provisions hereof as may be necessary in
addition to and in conjunction with preceding items ( a) and b) above to effect the intent of the City and Grantee in the invalid provision.

L. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against City or Grantee, regardless of the degree to which City or Grantee participated in its drafting. Grantee acknowledges that it determined to participate in the procurement of this Agreement upon its choice and initiative with full knowledge of the terms and conditions. The City and Grantee have negotiated this Agreement at arm' s length and with advice of their respective attorneys, and no provision herein shall be construed against the City solely because it prepared this Agreement in its executed forms.

M. Incorporated. Exhibits " A" and " B" are attached to and incorporated into this Franchise Agreement by reference.

N. Identification Required.
1) Grantee shall provide its employees, Grantees, and subgrantees with identification for all individuals who may make personal contact with residents ofthe City.
39 44
2) The Grantee shall provide a list of current employees, Grantees, and subgrantees to the City upon request. The City may require the Grantee to notify customers yearly of the form of said
identification.

WITNESS the execution of this Agreement on the day and year written above.

ATTEST:

Betty Hp$ hes
City Clerk

APPROVED AS
Craig Stkckg,'
City Attorney

CITY OF HIGHLAND
By:

Oarry I cCallon, Mayor
BU] JRT,#0/)(V 7E INDUSTRIES, INC.

Cole Burr, President
BURRTEC WASTE INDUSTRIES. INC.
40 45
EXHIBIT "A"

CITY OF HIGHLAND

SOLID WASTE COLLECTION RATES
41 46

CITY OF HIGHLAND
2016 RATE
ype Rate ype Rme
esidenfial Barrel Service Commercial Barret Service (trash & recycling barrels) rash Service (1st unit) $ 2191
Trash
rash Service ( senior) 19.13 96-galion trash bane€ 39.11 Service (second units) 23, 57 Extra trash barrel 10, 57 Additional trash barrel 8.15 Extra recycling barrel 10. 59 AddNor al recycling barrel 204
Addidional green waste barrel 4M Commarclal Brash Service Size Fr

1. 5 2
125. 70
191. 75
Temporary Bins 103,29 1. 5 3 248. 37
Temporary Bins - Extra Pick -Up 62-81 1. 5 4 313. 65

1. 5 5 378. 93
Lock ( triitial set- up) 30- 58 1. 5 6 445.70
Lock rental ( monthly) 7. 14 2 1 140. 82
Extra pickup ( barrel) 15. 80 2 2 219. 25
Extra pick-up ( bin) 40. 26 2 3 296. 90
2 4
2 5
376. 55
456. 17
Addiflonai Cornminaled Recycling Bins (new protrram] 2 6 53748

1. 5 1 97. 21 3 1 172- 19

1. 5 2 135. 92 3 2 272. 12
3 1 116. 73 3 3 S 371. 08
3 2 162. 59 3 4 469.97
3 3 207. 52 3 5 568, 67
3 6 669. 89
Green {Haste Bin Service 4 1 204. 80

1. 5 1 69. 55 4 2 337. 72
3 1 139. 05 4 3 455.48
4 4
4 5
655, 25
706. 16
Rolf -Offs rash 4 6 830. 43
20 yard (5 tons) 498. 75 6 1 247. 31
40 yard ( 5 tons) 498.75 6 2 424. 53
40 yard compactor ( 7 tons) 609. 17 6 3 601. 74
Demo box ( 7 tons) 609. 17 6 4 778. 94
Green waste box ( 5 tons) S 446. 30 6 5 956. 11
10 yard C& D ( plus disposal) 222. 69 6 6 1, 133, 31
40 yard Green Waste (+ disposal} 222. 69
End Dump ( Hourly Rate) 185.92 Commercial Compactor Trash Service Excess disposal 55.21 2 1 198. 94
Excess green waste 44.01 2 2 302. 90
Rental fee ( per day S 28. 23 2 3 405. 85
in excess of 7 days) 2 4 504. 39
Relocationfextra trip charge 65. 00 2 5 603. 03
2 6
J 1
701. 83
238. 48
Commercial Food Waste Service 3 2 367. 62
Bin Size Freq 3 3 496. 73

1. 5 1 175. 86 3 4 S 626. 29

1. 5 2 306. 92 3 5 755. 08

1. 5 3 428. 91 3 6 884. 20

1. 5 4 549772 4 1 279. 15

1. 5 5 669_19 4 2 440. 65

1. 5 6 c 788. 95 4 3 601. 22
2 1 217. 96 4 4 76112
2 2 394. 92 4 5 923, 23
2 3 558. 70 4 6 1; 084. 71
2 4 723. 66
2 5 913, 92
2 6 1, 051. 71
Barrel Size Freq
65Gal 1 63. 62
65Ga1 2 116. 39
65Gal 3 165. 71
65Gal 4 S 215. 32
65Gal 5 271. 62
65Gal 6 314. 07
47 ADDITIONAL SPECIAL SERVICE RATES

1. Excess bulky item beyond the five (5) free items during the four (4) free annual pickups is ten dollars ($ 10. 00) per item. Any additional bulky item pickups after the first two ( 2) free trips shall be charged a thirty-five dollar ($35. 00) trip charge and ten dollars ($ 10. 00) per item.

2. Additional Carts shall be billed the following per month per cart:

Refuse - $ 8. 15
Greenwaste - $ 4.08
Recycle - $ 2. 04
If a resident requires an additional Cart it they must keep it for at least four (4) month. If the resident desires to return the Cart prior to the required four (4) month period they will be charged a $ 20. 00 restocking fee.

3. If a Grantee is required to return to a residence to service the carts due to the carts not being placed out for pick-up timely the account will be charged a ten dollar ($ 10.00) trip charge.

4. If a resident requests a Cart to be replaced that is not damaged or a Cart to be cleaned by the Grantee the resident shall be charged twenty dollars ($ 20. 00). This shall include graffiti removal.

2. Special cleanup services by pickup truck requested by and customer shall be charged at

40. 00 per hour plus any applicable landfill fees. If a compactor refuse truck is necessary, the charge shall be $ 60. 00 per -hour plus any applicable landfill fees.

3. " Senior Citizen Rates," equivalent to twenty percent ( 20%) discount to individuals that meet the following criteria;
a. Over sixty (60) years of age
b. Residing head ofhousehold
C. Single Family residence
d. Applies to Grantee and provides proof of iterns a-c.

4. Exemption from mandatory service shall be in accordance with the Ordinance and resolutions.

M
48 A1NTNUAL ADJUSTMENT OF RATES
As ofJuly 1 st of each year, the above refuse rates shall be adjusted as follows:

1. The landfill fee portion of each rate designated above shall be adjusted in accordance with an increase or decrease percentage to correspond with any increase or decrease percentage in the landfill fee charged by the County of San Bernardino.

2. The Operator Fee shall be adjusted based on the change in the " Consumer Price index, Los Angeles -Anaheim ( Unadjusted), All Urban Consumers, All Items" ( CPI) as published by the Bureau of Labor Statistics until 2020 and then the " Consumer Price Index, Ontario/ Riverside/ San Bernardino, All Urban Consumers, All Items" shall be used. Any adjustment in excess of 5% shall be subject to approval by the City Council before implementation by the operator.

3. The Pavement Management Fee component of each rate designated above shall be adjusted as directed by the City.

4. The Residential Street Sweeping cost component will be reduced by fifty percent ( 50%) for the first two fiscal years billing cycles, Fiscal Year 2018/ 19 and 2019/ 20. The remaining fifty percent ( 50%) will be reduced to zero percent ( 0%) commencing Fiscal Year 2020/21 and will remain at zero percent ( 0%) throughout the term of this Agreement.

5. The Commercial Street Sweeping component of each rate designated above shall be adjusted as directed by the City.

The information necessary to determine the annual rate adjustments set forth in this Exhibit A shall be submitted to the City by Grantee on or before March 1 of each year.

EXTRAORDINARY ADJUSTMENT OF RATES
Subject to the approval of the City Council, the operator may request special rate adjustments in the event its operating conditions significantly change, i.e., the County of San Bernardino or the City directs the operator to a different landfill, there is a change in State or Federal laws applicable to the operators refuse business, or there is a significant change in the County' s collection of tipping fees and fees to operate the Household Hazardous Waste program. 43 49
EXHIBIT `B"

CITY OF HIGHLAND

RIGHT-OF-WAY CLEAN-UP SERVICE
Grantee will provide routine patrols and conduct Right of Way collection activities throughout the City of Highland. A primary work schedule will be established within ninety (90) days of the effective date of this agreement to follow the City of Highland' s main arterials and gateways. Grantee will also respond to other areas of concern based on the requests from City staff and code enforcement.

Grantee' s Right of Way team will remove illegally dumped items such as tires, shopping carts, inert materials, furniture, bagged trash and e- waste. Grantee will attempt to divert as much material as possible from the public right of way to support the City' s diversion goals.

Grantee' s Right of Way team will respond daily to illegal dumping requests within two business days in addition to the routine patrols the Right of Way team will conduct within the City.
44 50
Attachment
51 2

FIRST AMENDMENT TO

THE REVISED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE City OF HIGHLAND, AND BURRTEC WASTE INDUSTRIES, INC.

This First Amendment to the Revised And Restated Solid Waste Franchise Agreement Amendment") is entered into this _ day of , 2024 (" Effective Date") by and between the CITY OF HIGHLAND (" City") and BURRTEC WASTE INDUSTRIES, INC. (" Grantee").

City and Grantee are collectively referred to as the " Parties."

RECITALS
WHEREAS, the City and Grantee entered into that certain Revised And Restated Solid Waste Franchise Agreement dated June 26, 2018 ( the " Agreement"); and, WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( AB 939) ( California Public Resources Code Section 40000, et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and, WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with diminishing Disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 ( AB 341), the Event and Venue Recycling Act of 2004 ( AB 2176), SB 1016 ( Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short - Lived Climate Pollutants Bill of 2016 ( SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amount of material that must be Disposed; and,
WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State- wide Organic Waste Disposal reduction targets; and
WHEREAS, SB 1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some ofits responsibilities to the Grantee, acting as the City' s designee, and Grantee desires to take on these responsibilities; and WHEREAS, City and Grantee desire to amend the Agreement as set forth herein; 52 NOW, THEREFORE, in consideration of the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree to amend the Agreement as follows.

AGREEMENT
SECTION 1. AMENDMENT. Section 2 (" Definitions") of the Agreement is hereby amended by the revision to or addition of the following defined terms. Definitions otherwise contained in the Agreement that are not addressed below, shall remain the same.

A. Black Container has the same meaning as Gray Container and shall be used for the purpose of storage and collection of Black Container Waste.

B. Blue Container has the same meaning as in 14 CCR Section 18982( a)( 5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.

C. Brown Container has the same meaning as in 14 CCR Section 18982. 2( a)( 5. 5) and shall be used for the purpose of storage and collection of source separated Food Waste pursuant to 14 CCR Section 18984. 1( 6)( A).

D. California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title ofthe CCR ( e. g., " 14 CCR refers to Title 14 of CCR).

E. CalRecycle means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities).

F. Collect or Collection means Solid Waste, Recyclables, Food Waste and Organic Waste pickups made by Grantee as required by and in accordance with the provisions of this Agreement.

G. Commercial Edible Food Generators includes Tier One or Tier Two Commercial Edible Food Generators as defined in 14 CCR Section 18982( a)( 73) and a( 74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators under 14 CCR Section 18982( a)( 7).

H. Compostable Plastics or Compostable Plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984. 1( a)( 1)( A) or 18984. 2( a)( 1)( C).

Compost has the same meaning as in 14 CCR Section 17896.2( a)( 4), as may be amended from time to time.
2 53
J. Diversion or Divert means activities which reduce or eliminate discarded materials from disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.

K. Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982( a)( 18). For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982( a)( 18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982( a)( 18) shall apply to this Agreement.

L. Excluded Waste means Hazardous Substances, Hazardous Waste, infectious, volatile, or corrosive waste, Medical Waste, regulated radioactive waste, and toxic substances or material that Facility operator( s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in the City' s, or its Designee' s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Grantee or City to potential liability: but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

M. Facility( ies) means any plant, site, or operation used for the purpose of handling discarded materials, including, but not limited to, disposal, transfer, recycling, composting, and processing facilities or operations.

N. Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982( a)( 24).

O. Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, or as otherwise defined in 14 CCR Section 18982( a)( 25), including, but not limited to:

A food bank as defined in Section 113783 of the Health and Safety Code;
3 54

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 ofthe Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes ofthis Agreement and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982( a)( 7). If the definition in 14 CCR Section 18982( a)( 25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982( a)( 25) shall apply to this Agreement.

P. Food Recover Service means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982( a)( 26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes ofthis Agreement and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982( a)( 7).

Q. Food Scraps means the unavoidable waste products from food preparation including but not limited to, carrot peelings, apple cores, meat trimmings, bones. Food Scraps excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Scraps.

R. Food -Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, napkins and pizza boxes.

S. Food Waste means all food and Food Scraps. Food Waste excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. With respect to Single Family and Multi -Family Residential Dwellings Food Waste is a subset of Source Separated Green Container Organic Waste. Edible Food separated for Food Recovery shall not be considered Food Waste
T. Generator means the person or entity that is responsible for the initial creation ofwaste, or as otherwise defined in 14 CCR Section 18982( a)( 48).

U. Gray Container or Black Container has the same meaning as in 14 CCR Section 18982( a)( 28) and shall be used for the purpose of storage and Collection of Gray Container Waste. The lid or body of a container may be black and shall have the same meaning as Gray Container.

V. Gray Container Waste or (Black Container Waste) means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984. 1( a) and ( b), or as otherwise defined in 14 CCR Section 17402( a)( 6. 5).

Notwithstanding the foregoing, Gray Container Waste includes carpet, Non- Compostable Paper, and textiles.
0 55
W. Green Container has the same meaning as in 14 CCR Section 18982( a)( 29) and shall be used for the purpose of storage and collection of SSGCOW.

X. Hauler Route( s) means the designated itinerary or sequence of stops for each segment of the City' s collection service area, or as otherwise defined in 14 CCR Section 18982( a)( 31. 5).

Y. Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2, 000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982( a)( 38) differs from this definition, the definition in 14 CCR Section 18982( a)( 38) shall apply to this Agreement.

Z. Large Venue means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. Ifthe definition in 14 CCR Section 18982( a)( 39) differs from this definition, the definition in 14 CCR Section 18982( a)( 39) shall apply to this Agreement.

AA. Non- Compostable Paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982( a)( 41).

BB. Non -Organic Recyclables means non- putrescible and non -hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982( a)( 43).

CC. Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982( a)( 46). Biosolids and digestate are as defined in 14 CCR Section 18982( a)( 4) and 14 CCR Section 18982( a)( 16. 5), respectively.
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DD. Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982( a)( 51).

EE. Printiniz and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982( a)( 54).

FF. Processing means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402( a)( 20).

GG. Prohibited Container Contaminants means the following: ( i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City' s Blue Container; ( ii) discarded materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the City' s Brown Container; iii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City' s Green Container; ( iv) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials, Source Separated Food Waste and/ or Source Separated Green Container Organic Wastes to be placed in the City' s Green Container, Brown Container, and/or Blue Container; and ( v) Excluded Waste placed in any Container.

HH. Recycle or Recycling means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Il. Reuse or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402. 5( b)( 2).

JJ. SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730. 5, 39730. 6, 39730. 7, and Col
57 39730. 8 to the Health and Safety Code, and added Chapter 13. 1 commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short- lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

KK. SB 1383 Regulations or " SB 1383 Regulatory" means or refers to, for the purposes of this Agreement, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

LL. SB 619 means Senate Bill 619 of 2021 approved by the Governor on October 5, 2021, which amended Section 42652. 5 of the Public Resource Code, authorizing the department, notwithstanding the regulations, to establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations.

MM. Service Level refers to the number and size of a Customer' s Container( s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

NN. Solid Waste has the same meaning as defined in PRC Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any ofthe following wastes:

1. Hazardous waste, as defined in PRC Section 40141.

2. Radioactive waste regulated pursuant to the Radiation Control Law Chapter 8 ( commencing with Section 114960) of Part 9 of Division 104 ofthe Health and Safety Code).

3. Medical waste regulated pursuant to the Medical Waste Management Act ( Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed ofin a solid waste Landfill, as defined in PRC Section 40195. 1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to PRC, Division 30.

00. Source Separated means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or 7 58
processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form ofraw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402. 5( b)( 4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, property owner, property owner' s employee, property manager, or property manager' s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of Collection and processing.

PP. Source Separated Blue Container Organic Waste means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non -Organic Recyclables as defined in Section 18982( a)( 43), or as otherwise defined by Section 17402( a)( 18. 7).

QQ. Source Separated Brown Container Food Waste means Source Separated Food Waste that can be placed in a Brown Container.

RR. Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, NonCompostable Paper, and textiles.

SS. Source Separated Recyclable Materials means Source Separated Non - Organic Recyclables and Source Separated Blue Container Organic Waste.

TT. Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10, 000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.

Ifthe definition in 14 CCR Section 18982( a)( 73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982( a)( 73) shall apply to this Agreement.

UU. Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one ofthe following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.

2. Hotel with an on -site food facility and 200 or more rooms. 59 3. Health facility with an on -site food facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5, 000 square feet.

7. A local education agency with an on -site food facility.

Ifthe definition in 14 CCR Section 18982( a)( 74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982( a)( 74) shall apply to this Agreement.

VV. Waste Evaluations means sampling waste from hauler routes as specified in 14 CCR Section 18984. 5 C."
SECTION 2. AMENDMENT. Section 5 (" Services Provided by Grantee"), Paragraph A General") is hereby renamed " Collection System" and amended to read as follows:

A. Collection S sue.
1) General. Grantee shall provide an approved Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Source
Separated Brown Container Food Waste, and Gray Container Waste as specified in this Agreement, using Containers that comply with the requirements of this Agreement, SB 619, and SB 1383 Regulations. Grantee shall perform site assessments as needed to determine service level needs, and modify collection routes as required. Grantee shall not knowingly Collect Blue, Green, Brown or Gray Containers that include an excess of twenty- five percent 25%) by weight of Prohibited Container Contaminants. Prohibited Container Contaminant tolerance as a percentage may be modified upon mutual agreement between City and Grantee.
2) Source Separated Recyclable Materials Collection (Blue Container).

Grantee shall provide Blue Containers to all Customers required to subscribe to the Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service. Grantee shall transport the Source Separated Recyclable Materials to a Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.
3) Source Separated Green Container Organic Waste Collection Green Container).
a. Grantee shall provide Green Containers to all Customers required to subscribe to the Collection of Source Separated Green Container Organic Waste and shall provide Source
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Separated Green Container Organic Waste Collection
service. Grantee shall Transport the Source Separated Green Container Organic Waste to a Facility in accordance with SB 1383 Regulations.
b. Grantee may Collect plastic bags in the Green Containers. If the Grantee elects to Collect plastic bags in the Green Container, then Grantee shall provide annual written
notification to the City that the Facility has and will continue to have the capabilities to recover and/ or process plastics bags. If the Facility cannot recover and/ or process plastic bags, then Grantee will not Collect plastic bags in the Green Container.
4) Source Separated Brown Container Food Waste Collection ( Brown Container). Grantee may provide Brown Containers to all commercial Customers required to subscribe to the Collection of Source Separated Food Waste and shall provide Source Separated Food Waste Collection service to said customers. Grantee shall transport Source Separated Food Waste to a Facility in accordance with SB 1383 Regulations.
5) Gray Container Waste Collection. Grantee shall provide Gray Containers to Customers for Collection of Gray Container Waste and shall provide Gray Container Waste Collection service. Grantee shall transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. Grantee may allow carpets and textiles to be placed in the Gray Containers.
6) Use ofPlastic Bags for Food Waste Collection in Green Containers.

Grantee may require Customers and Generators to place Food Waste in plastic bags, compostable bags, or other paper wrappings and put the bagged or wrapped Food Waste in the Green Container. Grantee shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 Regulations, and that the Facility can remove and/ or process plastic bags when it recovers Source Separated Green Container Organic Waste. Grantee shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to remove and process plastic bags when it recovers Source Separated Green Container Organic Waste."
7) Grantee shall identify the Recyclable Materials and Organic Waste Processing Facilities to which they will transport organic waste as required by the SB 1383 Regulations."
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SECTION 3. AMENDMENT. Section 24 of the Agreement (" Compliance with Adopted Waste Disposal Agreement") is hereby amended by the addition thereto of a new Paragraph E to read as follows:

E In performance of its obligations under this Agreement, Grantee shall comply with all applicable requirements of SB 1383. Nothing in this Agreement shall prohibit the Grantee from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, its Regulations, and/or any other applicable law, as may be amended from time to time and as approved in writing by the City."
SECTION 4. AMENDMENT. Section 5 of the Agreement (" Services Provided by Grantee") is hereby amended by the addition thereto of new Paragraphs T (" Billing and Enrollment"), U S13 1383 Container Requirements), V ("Provision for Procurement of Recovered Organic Waste Products"), W (" Inspection and Enforcement"), and X (" Complaints, Reports of Non - Compliance") to read as follows:

T. Billing and Enrollment.
1) Contamination Processing Fees. Any contamination Processing fees to be assessed upon a Customer account pursuant to this Agreement shall be included and itemized on the Customer' s invoice for the billing period in which the Grantee notified the Customer of the assessment of the contamination processing fee.
2) Enrollment Assistance. City requires that Customers subscribe to organic waste collection services. Grantee shall assist the City in ensuring that the subscription of Customers to Collection services occurs in a timely and efficient manner. Grantee shall maintain records and provide reports necessary for the City to verify the subscription of Customers.

U. SB 1383 Container Requirements.
1) Grantee shall provide Collection Containers as follows: (i) Solid Waste container bodies and/ or lids shall be black or gray; ( ii) Recyclable Materials container bodies and/ or lids shall be blue; ( iii) Organic Waste Container bodies and/ or lids shall be green; and ( iv) commercial Food Waste Container bodies and/ or lids shall be brown.
2) Labeling Requirements. Grantee shall place a label on the body or lid of each Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container in accordance with the SB 1383 Regulations. Labels 11 62
shall clearly indicate items that are Prohibited Container Contaminants for each Container.
3) No later than January 1, 2036, Grantee shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. Notwithstanding this Section, the Grantee is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2035, whichever comes first.

V. Provision for Procurement of Recovered Organic Waste Products. 1) Grantee agrees to act as a direct service provider on behalf of the City. Grantee shall coordinate and cooperate with the City in meeting its recovered Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR Section 18993. 1. 2) Grantee shall procure an annual quantity of Recovered Organic Waste Products in an amount not more than the quantity specified in the rate adjustment calculations used to determine the Compliance Fee as requested by the City. Recovered Organic Waste Products shall comply with 14 CCR 18993. 1( f). Grantee shall comply with the recordkeeping and verification requirements of 14 CCR 18993. 2."
W. Inspection and Enforcement. Grantee shall assist the City with applicable inspections and enforcement as specified in this Agreement. Grantee shall maintain a computer database of all oral and written SB 1383 related noncompliance incidents reported to Grantee by Customers, or discovered by Grantee. Grantee shall maintain applicable records from inspection and enforcement in accordance with SB 1383 Regulations, with the exception of Notice of Violations which shall be the responsibility of City. City shall be responsible for the issuance of any fines for City Municipal Code violations.

X. Complaints Reports of Non -Compliance.
1) Investigation. As needed, Grantee shall assist the City in its investigation of complaints of non- compliance with SB 1383. 2) Recordkeeping and Reporting. Grantee agrees to maintain a log of all applicable oral and written complaints or reports of SB 1383 noncompliance received by the Grantee. Grantee shall be responsible for the prompt and courteous attention to the complaint and subsequent notice shall be sent to the City for further inspection and enforcement efforts."
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SECTION 5. AMENDMENT. Section 16 of the Agreement (" Reports and Adverse Information") is hereby amended by the addition thereto of new Paragraphs F (" Organic Waste and Recyclable Material Capacity Guarantee") and G (" Organics Recordkeeping and Reporting") to read as follows:

F. Organic Waste and Recyclable Material Capacity Guarantee. Annually, For Facilities owned or operated by Grantee or an affiliate of Grantee, Grantee shall provide written notification to the City that the Facility has the capability to recover and/ or process Organic Waste. City shall not implement or enforce an ordinance, policy, procedure, permit condition, or initiative that prohibits the lawful processing of Organic Waste pursuant to 14 CCR Section 18990. 1( b).

G. Organics Recordkeeping and Reporting.
1) Grantee shall prepare and maintain the records identified in 14 CCR Section 18995. 2( o arising from the work performed by Grantee and assist City in reporting such information in form and format satisfactory to the City.
2) Grantee shall allow City access to records via remote access to Grantee' s third -party reporting software for the purposes of auditing and inspecting SB 1383- related records and reports. Additional information that may be required from time to time for the purposes of complying with the SB 1383 Regulations shall also be furnished by the Grantee within a reasonable amount oftime and upon request. 3) Reports to City on customers discovered to be out of compliance with the SB 1383 Regulations, including a list of the customers, the type of violation ( including not providing Containers for customer use, and other compliance violations), actions taken to educate those customers, and contact information for those customers. Such reports shall be provided quarterly or as required by City. 4) Grantee shall report on all activities as mutually agreed upon with the City at least one month in advance of the City' s reports to CalRecycle on August 1 each year.
5) Grantee shall provide a full customer list including service level, date of service, and customer contact information upon City request."
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SECTION 6. AMENDMENT. A new Section 27 (" Contamination Monitoring") is hereby added to the Agreement to read as follows:

SECTION 27 CONTAMINATION MONITORING
A. Actions upon Identification of Prohibited Container Contaminants. Upon finding Prohibited Container Contaminants in a Container, Grantee shall follow the protocols set forth in this Section.

B. Record Keeping. The driver or other Grantee representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on -board computer system including date, time, Customer' s address, type of Container ( Blue, Green, Brown or Gray Container); and maintain photographic evidence, when possible.

C. Contamination Notices. Upon identification of Prohibited Container Contaminants in a Customer' s Container, Grantee shall provide the Customer a contamination notice. The contamination notification shall: ( i) inform the Customer of the observed presence of Prohibited Container Contaminants; ( ii) include the date and time the Prohibited Container Contaminants were observed; ( iii) include information on the Customer' s requirement to properly Source Separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Brown Container, Green Container, and/ or Gray Container; iv) inform the Customer of the courtesy pick- up of the contaminated materials on this occasion with information for subsequent instances of Prohibited Container Contaminants, Grantee may assess contamination processing fees; and, ( v) Grantee may include photographic evidence.

Grantee shall leave the contamination notice attached to or adhered to the Customer' s contaminated Containers; at the premises' door or gate; or, may deliver the notice by mail, e-mail, text message, or other electronic message.

D. Notice of Assessment of Contamination Processing Fees. If the Grantee observes Prohibited Container Contaminants in a Customer' s Container on more than two occasions within a six-month time period and issued contamination notices on each of those occasions, the Grantee may impose a contamination processing fee pursuant to fees and rates approved by resolution of City Council on the third or subsequent instance of contamination. Grantee shall notify the City in its monthly report to City of Customers for which Contamination Processing fees were assessed.

Grantee shall leave a Contamination Processing fee notice attached to or adhered to the Customer' s contaminated Container( s); at the premises door or gate; or, deliver the notice by mail, e- mail, text message, or other electronic message. The Contamination Processing fee notice shall identify the prohibited material( s), explain how to prevent future violations, and indicate that the Customer will be charged a contamination Processing fee 14 65
on the next solid waste bill. The format ofthe contamination Processing fee notice shall be approved by the City.

E. Disposal of Contaminated Materials. If the Grantee observes Prohibited Container Contaminants in a Customer' s Container(s), Grantee may dispose of the Container' s contents, provided Grantee complies with the noticing requirements in subsection iii. above."
SECTION 7. AMENDMENT. A new Section 28 (" Route Reviews and Waste Evaluations" is hereby added to the Agreement to read as follows:

SECTION 28 Route Reviews and Waste Evaluations.

A. Grantee shall meet its SB 1383 Regulations contamination monitoring requirements using Route Reviews or Waste Evaluations.

B. Route Reviews
1) IfGrantee elects to perform Route Reviews, Grantee shall, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Grantee; is approved by City; is conducted in a manner that results in all Hauler Routes being reviewed annually, in an amount not less than the quantity specified in the calculations used to determine the Compliance Fee and is consistent and in accordance with SB 1383 Regulations and 14 CCR Section 18984. 5( b). Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually. Grantee may prioritize the inspection of Customers that are more likely to be out of compliance. 2) Upon finding Prohibited Container Contaminants in the Container, Grantee shall follow the contamination monitoring noticing procedures as described herein.

C. Waste Evaluations
1) If Grantee elects to perform Waste Evaluations, Grantee shall conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984. 5( c). City maintains the right to observe, or hire a third party Grantee to observe the waste evaluations.
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2) Sampling Method, Study Protocols. Grantee shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
a. Grantee shall conduct waste evaluations at least twice per year and in two distinct seasons ofthe year in a manner that complies with the requirements of 14 CCR Section
18984. 5( c).
b. Grantee' s waste evaluations shall include samples of Source Separated Recyclable Materials, Source Separated Green
Container Organic Waste, and Gray Container Waste.

C. The waste evaluations shall include samples from each Container type served by the Grantee and shall include
samples taken from different areas in the City that are representative of the City' s waste stream.
d. The waste evaluations shall include at least the minimum number of samples required specified in SB 1383
Regulations.
e. The Grantee shall transport all of the material collected for sampling to a sorting area at a permitted solid waste facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of
Prohibited Container Contaminants, the Grantee shall use protocols established in accordance with the SB 1383
regulations.
3) Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent ( 25%) of the measured sample for any material stream, the Grantee shall within fifteen ( 15) working days of the waste evaluation, notify all Customers on the sampled Hauler Route of their requirement to properly source separate materials into the appropriate Containers.

Grantee may provide this information by placing a written notice on the Customer' s Containers or the gate or door of the premises; and/ or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City. 4) Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material( s) subject to a quarantine of movement issued by a County agricultural commissioner is not required to be measured as Organic Waste 16 67
when calculating the amount of Organic Waste present in the Gray Container Waste.

D. Recordkeeping Requirements. Grantee shall maintain all applicable route review and waste evaluation records required under SB 1383 Regulations, and report to the City on contamination monitoring activities, route reviews and/ or waste evaluations, and actions taken."
SECTION 8. AMENDMENT. A new Section 29 (" Education and Outreach") is added to the Agreement to read as follows:

SECTION 29 EDUCATION AND OUTREACH.

A. Public Education. Grantee shall, create applicable education materials and conduct education programs and activities as provided by and in accordance with the SB 1383 Regulations. Grantee shall provide educational material by mail or electronically to customers providing information consistent with 14 CCR Section 18985. For illustrative purposes, such materials may include information concerning proper Recycling, the use of Containers for Organic Waste and commercial Food Waste, composting, preventing Contamination, and proper container placement. Updated educational materials shall be prepared and submitted to City Manager for approval.

Grantee shall perform the recordkeeping requirements related to its compliance with education and outreach requirements under 14 CCR Section 18985. 3. City shall perform the record keeping requirements related to its education and outreach efforts. Grantee shall cooperate and coordinate with the City on public education activities.

B. Food Recovery Listings. The Grantee and City shall coordinate, maintain and annually update a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the Grantee' s website, and share the list with the City so the City can post the list on the City' s website. The list shall include, at a minimum, the following information about each Food Recovery Organization and Food Recovery Service:

Name and physical address;
Contact information;
Collection service area; and
An indication of the types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.
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C. Commercial Edible Food Generator Outreach. At least annually, the Grantee shall provide Commercial Edible Food Generators with the following information:

Information about the City' s Edible Food Recovery program; Information about the Commercial Edible Food Generator
requirements under 14 CCR, Division 7, Chapter 12, Article 10; Information about Food Recovery Organizations and Food
Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and
Information about actions Commercial Edible Food Generators can take to reduce and prevent the creation of Food Waste.

D. Method of Delivery.

1. The Grantee may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or as otherwise agreed upon by both Parties.

2. Grantee shall post and maintain a web page or web pages that include organic waste recovery and edible food donation program information on its website."
SECTION 9. AMENDMENT. A new Section 30 (" Generator Waiver Program Coordination") is hereby added to the Agreement to read as follows:

SECTION 30 GENERATOR WAIVER PROGRAM COORDINATION.

A. General. In accordance with SB 1383 Regulations, City may grant waivers from organic waste collection services to eligible organic waste generators.

B. Requests Submitted to Grantee. Waste generators may submit requests for waivers to the Grantee. Grantee shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide City a recommendation to accept or reject waiver requests. Grantee shall review the generator' s waiver application and inspect the generator' s premises as needed to verify the accuracy of the application. Grantee shall provide documentation of the review in its recommendation to approve or deny the waiver request. City ultimately retains the right to approve or deny any application, regardless of the Grantee' s recommendation and will process the approval or denial as required by SB 1383 requirements.

Grantee shall report information regarding waivers reviewed to the City.

C. Grantee Change in Customer Service Levels. When the City grants a waiver to a generator, City shall notify the Grantee within ten ( 10) business days of the waiver approval with pertinent Customer information and any 69 changes to the Subscription, Service Level or Collection service requirements for the Customer. Grantee shall have five ( 5) business days to modify the Customer' s Collection Service Level and billing statement, as needed.

D. Reverification of Waivers. Grantee shall conduct such reverifications of waivers and review applicable records at least once every five ( 5) years for de minimis and physical space constraint waivers. Grantee shall maintain a record of each waiver verification and provide a report to the City documenting the waiver reverifications performed and recommendations to City on those waivers that Grantee concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of those generators."
SECTION 10. OTHER TERMS AND CONDITIONS UNCHANGED. Except as expressly amended by the Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement and/ or any previous amendment thereto, the terms and conditions of this Amendment shall prevail and control.

SECTION 11. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF HIGHLAND BURRTEC WASTE INDUSTRIES, INC.

Penny Lilburn
Mayor
ATTEST:
am
Alondra Munoz
City Clerk
APPROVED AS TO FORM:

Maricela Marroquin
City Attorney
IN
Name
Title
Name
Title
20 71

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Octavio Duran Jr., Public Works Director/ City Engineer OD PREPARED BY: Jay Tuttle IV, Assistant Engineer
SUBJECT: Tract 19915, Assignment Agreement ( Century Communities) RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024- to ( 1), accept the replacement subdivision bonds, and ( 2) authorize the Mayor to sign the Assignment and Assumption Agreement" for Tract 19915.

2. Approve the release of the improvement bonds for Tract 19915 posted by the original owner.

FISCAL IMPACT: The maintenance of streets, storm drains, street lighting improvements and LMD areas within this subdivision will be the City' s responsibility upon future completion by the developer and acceptance of said improvements by the City. Maintenance costs for streetlights, street, and storm drain and LMD maintenance district improvements will be funded out of annual assessments collected within this subdivision.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City's website.

BACKGROUND: Tract No. 19915 is a 46- lot subdivision located north of Base Line, and west of Weaver Street. The tentative map was originally approved by the Planning Commission on June 14, 2016, and the Final Tract map, including required improvement bonds and a subdivision agreement, were approved by the City Council on February 14, 2023. This project was previously owned by Sam -Highlands 46, LLC ( Mastercraft Homes), who have now sold the property to and is being completed by Century Communities. Century Communities has provided replacement bonding for all required improvements for Tract No. 19915, as listed individually in the resolution. The water and sewer improvement bonds have been processed directly through East Valley Water District and are not a part of the City Resolution.

Approved Motion
Denied Ayes
Continued Noes
Tabled Abstain
Absent
Second Agenda Item No.

File No.

Cltrk City anager
1 Staff is recommending the City Council approve the assignment and assumption agreement Agreement) to transfer the subdivision agreement to the new owner, accept the replacement bonds, and release the original bonds. Release of improvement bonds is typically a role of the Public Works Subcommittee, however, staff recommends the Council approve the release in this instance to streamline the process as all items are related.

Attachments:

1. Vicinity Map

2. Tract Map

3. Resolution

4. Bond Release Form
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4 RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, APPROVING THE " ASSIGNMENT" AGREEMENT,
AND ACCEPTING THE SUBDIVISION REPLACEMENT BONDS FOR TRACT NO. 19915 Century Communities)
WHEREAS, Tentative Tract No. 19915, and Final Map 19915, has previously been filed with the City of Highland;
WHEREAS, all of the conditions for final map approval for Tract No. 19915 have been met by the subdivider;
NOW, THEREFORE, be it resolved by the City Council of the City of Highland that the City Council approve the Assignment Agreement for Tract 19915, accept the Faithful Performance, Labor and Materials, and Warranty Replacement Bonds for grading, street and storm drain, and landscape maintenance district improvements.

The bonds submitted by Century Communities, which are to be accepted for this final map, are Faithful Performance, Labor and Materials, and * Warranty bonds for the following:

Improvement Faithful Performance Labor and Materials Warranty Bond Number Grading 164, 000 N/ A N/ A 674222686
Street and Storm Drain 1, 048, 200 524, 100 262, 050 674222685 LMD 140, 200 70. 100 35, 050 674222687
Warranty Bonds are to be submitted prior to release of the Faithful Performance Bonds.

BE IT FURTHER RESOLVED that the Mayor be authorized to execute the " Assignment" Agreement on behalf of the City.

PASSED, APPROVED AND ADOPTED this day of 12024.

Penny Lilburn
Mayor
ATTEST:

Alondra Munoz
City Clerk
C:\ Users\ amunoz\ AppData\ Local\ Microsoft\ Windows\ INetCache\ Content. Outlook\ QAMOTCXF\ 119539 13 1 Tr 19915 Cent Comm Resolution. dou 5
Public Works
Request for Bond Release
MEETING DATE: December 10, 2024
DEVELOPER: Sam -Highland 46, LLC ( Mastercraft Homes)
PROJECT: Tract 19915
JUSTIFICATION: Received Replacement Bonds from new Developer, Century Communities BONDS HEREBY RELEASED:

Improvement
Grading
Street and Storm Drain
LMD
Faithful Performance
164, 000
1, 048, 200
140, 200
Approved by City Council
rin
DATE:

Labor & Material
N/A
524, 100

70. 100
Notice/ Copy To: Engineering City Clerk Developer Surety Number
PBO1748500046
PBO1748500049
PBO1748500050
L:\ Engineering_ Backup\ 03017539 - Tr 19915; SPR 015- 001, DRA 015- 002, CUP 015- 001, TTM 015- 004\ Tr 19915- Bonds- Agreement\ 539 13 tr 19013 Mastercraft Grdg St -SD LMD Bonds ReLdoc
6 STAFF REPORT

TO THE CITY COUNCIL
DATE: December 10, 2024
FROM: Carlos Zamano, City Manager
REVIEWED BY: Lawrence A. Mainez, Community Development Director Alondra Munoz, City Clerk
PREPARED BY: Camille Duarte, Administrative Assistant III ,. l SUBJECT: Appoint Three ( 3) Members of the Public to the Historic and Cultural Preservation Board.

RECOMMENDATION: Staff recommends the City Council appoint three ( 3) members of the public to the Historic and Cultural Preservation Board.

PUBLIC NOTICE: No public hearing notice is required. The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: On October 2024, the City Council declared three ( 3) seats vacant ( Members Patrick Sandford, Jeffery Staggs and Hugh Walker) and posted that vacancy in accordance with the Maddy Act. Pursuant to Chapter 2. 20. 050 of the Highland Municipal Code, the Historic and Cultural Preservation Board shall consist of five members appointed by the City Council and shall serve without compensation. All members of the board shall have a demonstrated interest in or knowledge of historic preservation and the cultural resources of the city. Therefore, it would be appropriate for the City Council to appoint three ( 3) individuals to the Historic and Cultural Preservation Board. Four ( 4) applications have been submitted for consideration.

Attachment: Public Service Applications
4pproved Motion
Denied Ayes
ontinued Noes
Fabled Abstain
Absent
City Cl
Second Agenda Item No. _ In
File No.

Uity Manager
1 PUBLIC SERVICE APPLICATIONS
2 RIE
mgm- / D
AUG 0 g 2024

CITY OF HIGHLAND

CITY CLERK

PUBLIC SERVICE APPLICATION
For Office Use Only:

Expires: ftvt X2
Appointees must be residents within the corporate city limits of the City of Highland, serve without compensation, submit a Statement of Economic Interests Form 700 and complete an ethics training course pursuant to AB 1234.

BOARD/ COMMISSION/ COMMITTEE YOU ARE APPLYING FOR:

Community Trails Committee ( see attached roles and responsibilities) 9 Historic and Cultural Preservation Board ( see attached roles and responsibilities) Planning Commission ( see attached roles and responsibilities) PERSONAL INFORMATION:

Name: Jamie Parra
Address: 7025 Mountain Ave, Highland, CA 92346
How long have you resided in Highland? 1 year
Home phone:

Work phone: 951- 346- 2543
Email address: lamie. parra@kimley- horn. com
Cell phone: 509- 939- 7748
Occupation/ Employer: Archaeologist, Kimley- Horn & Associates, Inc.

Employer address: 3801 University Ave, Suite 300, Riverside, CA 92501 Position held: Cultural resources management professional Available for meetings: Daytime ® Evenings Both
Public Service Application
September 2020

Page 1 of 5 ends

Highland City CouncilDecember 10, 2024

Highland City Council
December 10, 2024